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

Vol. 153 WASHINGTON, WEDNESDAY, MARCH 7, 2007 No. 39 House of Representatives The House met at 10 a.m. and was last day’s proceedings and announces the associate pastor at La Verdad Com- called to order by the Speaker pro tem- to the House her approval thereof. munity Baptist Church and is an advo- pore (Ms. MCCOLLUM of Minnesota). Pursuant to clause 1, rule I, the Jour- cate for people with physical and devel- f nal stands approved. opmental disabilities. f Thank you, Chaplain Wilson, for join- DESIGNATION OF THE SPEAKER ing us this morning and for serving our PRO TEMPORE PLEDGE OF ALLEGIANCE Nation as a Border Patrol agent. The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the gentleman from Wisconsin (Mr. SEN- fore the House the following commu- f nication from the Speaker: SENBRENNER) come forward and lead the House in the Pledge of Allegiance. WASHINGTON, DC, Mr. SENSENBRENNER led the ANNOUNCEMENT BY THE SPEAKER March 7, 2007. Pledge of Allegiance as follows: PRO TEMPORE I hereby appoint the Honorable BETTY MCCOLLUM to act as Speaker pro tempore on I pledge allegiance to the Flag of the United States of America, and to the Repub- The SPEAKER pro tempore. After this day. consultation among the Speaker and NANCY PELOSI, lic for which it stands, one nation under God, Speaker of the House of Representatives. indivisible, with liberty and justice for all. the majority and minority leaders, and f with their consent, the Chair an- f nounces that, when the two Houses WELCOMING THE REVEREND PRAYER meet in joint meeting to hear an ad- MARTIN WILSON dress by His Majesty King Abdullah II, The Reverend Martin L. Wilson, El The SPEAKER pro tempore. Without only the doors immediately opposite Paso Sector Chaplain, U.S. Border Pa- objection, the gentleman from Texas the Speaker and those immediately to trol, offered the following prayer: (Mr. REYES) is recognized for 1 minute. her left and right will be open. Heavenly Father, we thank You as There was no objection. No one will be allowed on the floor of we gather in this place today for the Mr. REYES. Thank you, Madam gift of Your divine providence, for this the House who does not have the privi- Speaker. lege of the floor of the House. Due to House and what it represents to the Madam Speaker, it is a special privi- the large attendance that is antici- citizens of our great Nation and, in- lege for me to recognize Chaplain Mar- pated, the rule regarding the privilege deed, to the world. tin Wilson. Chaplain Wilson is a 21-year of the floor must be strictly enforced. We are grateful to You, O Lord, for veteran of the United States Border Children of Members will not be per- those patriots who have served in these Patrol currently assigned to the Fam- mitted on the floor. The cooperation of hallowed halls, who have penned for us ily Support Unit in El Paso, Texas. The all Members is requested. those freedoms we so thoroughly enjoy. Family Support Unit is a 1-year pilot I pray, Lord, for the matters that are program intended to provide Border The practice of reserving seats prior before the Members. As modern day pa- Patrol agents, staff and their families to the joint meeting by placard will triots, inspire them in the protection with a support network to help manage not be allowed. Members may reserve of our people, our culture, and our way times of crisis. During his early years their seats by physical presence only of life and the preservation of our civil in the Border Patrol, Chaplain Wilson following the security sweep of the liberties for generations to come. served as a program manager under my Chamber. I humbly also ask for the protection command as Sector Chief. of those on the front lines, the guard- Chaplain Wilson is married to San f ians of our borders. Bless them with Juanita Wilson who today are cele- courage and integrity to bring honor to brating their 27th wedding anniversary. RECESS our land and to be victorious against Together they have four children: all the evils that come against us. Alicia; Marty, Jr.; Stephanie; and The SPEAKER pro tempore. Pursu- Amen. Daisy. Marty, Jr. recently followed in ant to the order of the House of Thurs- day, March 1, 2007, the House stands in f his father’s footsteps, becoming the second in his family to join the United recess subject to the call of the Chair. THE JOURNAL States Border Patrol. Accordingly (at 10 o’clock and 5 min- The SPEAKER pro tempore. The In addition to his duties as Sector utes a.m.), the House stood in recess Chair has examined the Journal of the Chaplain, Chaplain Wilson serves as subject to the call of the Chair.

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

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VerDate Aug 31 2005 04:54 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A07MR7.000 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2246 CONGRESSIONAL RECORD — HOUSE March 7, 2007 b 1050 His Majesty King Abdullah II Ibn Al sulting from ideologies of terror and JOINT MEETING OF THE HOUSE Hussein, King of the Hashemite King- hatred. It is our greatest and most ur- AND SENATE TO HEAR AN AD- dom of Jordan. gent duty to prevent such dangers to DRESS BY HIS MAJESTY KING The King of the Hashemite Kingdom our region, to your country and to the ABDULLAH II IBN AL HUSSEIN, of Jordan, escorted by the committee world. The choice is ours: an open KING OF THE HASHEMITE KING- of Senators and Representatives, en- world full of promise, progress and jus- DOM OF JORDAN tered the Hall of the House of Rep- tice for all; or a closed world of divided resentatives and stood at the Clerk’s peoples, fear, and unfulfilled dreams. The Speaker of the House presided. desk. Nothing impacts this choice more than The Deputy Sergeant at Arms, Mrs. [Applause, the Members rising.] the future of peace in the Middle East. Kerri Hanley, announced the Vice The SPEAKER. Members of Con- I come to you today at a rare, and in- President and Members of the U.S. gress, I have the high privilege and the deed historic, moment of opportunity, Senate who entered the Hall of the distinct honor of presenting to you His when there is a new international will House of Representatives, the Vice Majesty King Abdullah II Ibn Al Hus- to end the catastrophe. And I believe President taking the chair at the right sein, King of the Hashemite Kingdom that America, with its enduring values, of the Speaker, and the Members of the of Jordan. its moral responsibility, and yes, its Senate the seats reserved for them. [Applause, the Members rising.] unprecedented power, must play the The SPEAKER. The Chair appoints f central role. as members of the committee on the Some may say, ‘‘Peace is too dif- part of the House to escort His Majesty ADDRESS BY HIS MAJESTY KING ficult. We can live with the status King Abdullah II into the Chamber: ABDULLAH II IBN AL HUSSEIN, quo.’’ But, my friends, violent killings The gentleman from Maryland (Mr. KING OF THE HASHEMITE KING- are taking place as part of this status HOYER); DOM OF JORDAN. quo. Palestinians and Israelis are not The gentleman from South Carolina King ABDULLAH II. Madam Speak- the only victims. We saw the violence (Mr. CLYBURN); er, Mr. Vice President, Honorable Sen- ricochet into destruction in Lebanon The gentleman from California (Mr. ators and Members of Congress, my last summer. And people around the LANTOS); friends, thank you for such a warm world have been the victims of terror- The gentleman from West Virginia welcome. It is an honor to stand, as my ists and extremists who use the griev- (Mr. RAHALL); father did, before this historic institu- ances of this conflict to legitimize and The gentleman from New York (Mr. tion. Allow me to thank you on behalf encourage acts of violence. Americans ACKERMAN); of all Jordanians. and Jordanians and others have suf- The gentlewoman from New York Jordan and the United States have fered and survived terrorist attacks. In (Mrs. LOWEY); had a long friendship. It is a special The gentleman from Ohio (Mr. this room, there are representatives of privilege to be here in the year that American families and Jordanian fami- BOEHNER); the American Congress welcomes its The gentleman from Missouri (Mr. lies who have lost loved ones. Thou- first woman Speaker and its first Mus- sands of people have paid the highest BLUNT); lim-American Member of Congress. The gentleman from Florida (Mr. price, the loss of their life. Thousands These milestones send a message PUTNAM); more continue to pay this terrible around the world about the America I The gentlewoman from Florida (Ms. price, for their loved ones will never re- know so well, a place where individ- ROS-LEHTINEN); turn. Are we going to let these thou- The gentleman from California (Mr. uality is nurtured, a place where hard sands of lives be taken in vain? Has it work is rewarded, a place where ISSA); and become acceptable to lose that most The gentleman from Indiana (Mr. achievement is celebrated. The Amer- basic of human rights? The right to ica I know so well believes that oppor- PENCE). live? The VICE PRESIDENT. The Presi- tunity and justice belong to all. The status quo is also pulling the re- dent of the Senate, at the direction of In my days in Massachusetts, I also gion and the world towards greater that body, appoints the following Sen- learned something about New England danger. As public confidence in the ators as members of the committee on virtues. There wasn’t actually a law peace process has dropped, the cycle of the part of the Senate to escort His about talking too much, but there was crises is spinning faster, and with Majesty King Abdullah II Ibn Al Hus- definitely an attitude that you didn’t greater potential for destruction. sein, King of the Hashemite Kingdom speak unless you could improve on si- Changing military doctrine and weap- of Jordan, into the House Chamber: lence. onry pose new dangers. Increasing The Senator from Nevada (Mr. REID); Today, I must speak, and I cannot be numbers of external actors are inter- The Senator from Illinois (Mr. DUR- silent. vening with their own strategic agen- BIN); I must speak about a cause that is das, raising new dangers of prolifera- The Senator from Vermont (Mr. urgent for your people and for mine. I tion and crisis. These are groups that LEAHY); must speak about peace in the Middle seek even more division: faith against The Senator from Massachusetts (Mr. East. I must speak about peace replac- faith, nation against nation, commu- KERRY); ing the division, war, and conflict that nity against community. Any further The Senator from Kentucky (Mr. have brought such disaster for the re- erosion in the situation would be seri- MCCONNELL); gion and for the world. ous for the future of moderation and The Senator from Mississippi (Mr. This was the cause that brought my coexistence, in the region and beyond. LOTT); father King Hussein here in 1994. With Have we all lost the will to live to- The Senator from Arizona (Mr. KYL); Israeli Prime Minister Yitzhak Rabin gether in peace celebrating one an- and beside him, he spoke of a new vision for other’s strengths and differences? The Senator from Texas (Mr. the Middle East. Their courageous Some may say, ‘‘But there are other, CORNYN). work for peace received bipartisan sup- urgent challenges.’’ How can there be The Deputy Sergeant at Arms an- port from your leaders. And there was anything more urgent than the res- nounced the Dean of the Diplomatic tremendous hope for a new era. There toration of a world where all people, Corps, His Excellency Roble Olhaye, was tremendous hope that people not only some people, all people have Ambassador of the Republic of would be brought together. There was the opportunity to live peacefully? Djibouti. tremendous hope that a final and com- This is not only a moral imperative. It The Dean of the Diplomatic Corps en- prehensive settlement of all the issues is essential to the future of our world, tered the Hall of the House of Rep- would be achieved. because long-term, violent crisis is the resentatives and took the seat reserved Thirteen years later, that work is enemy of all global prosperity and for him. still not completed. And until it is, we progress. At 11 o’clock and 5 minutes a.m., the are all at risk. We are all at risk of Certainly our era faces critical Deputy Sergeant at Arms announced being victims of further violence re- issues. There is great public concern

VerDate Aug 31 2005 23:51 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.003 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2247 here, just as in our region, about the since the creation of Israel, and an leadership once again. We ask you to conflict in Iraq. The entire inter- agreed solution to the refugee problem, join with us in a historic effort of cour- national community has vital decisions a withdrawal from Arab territories oc- age and vision. We ask you to hear our to make about the path forward, and cupied since 1967, and a sovereign, via- call, to honor the spirit of King Hus- how to ensure Iraq’s security, unity, ble, and independent Palestine. sein and Yitzhak Rabin, and help fulfill and future. But we cannot lose sight of The commitment we made in the the aspirations of Palestinians and a profound reality. The wellspring of Arab Peace Initiative is real. And our Israelis to live in peace today. regional division, the source of resent- states are involved in ongoing efforts Let me reaffirm that Jordan is com- ment and frustration far beyond, is the to advance a fair, just, and comprehen- mitted to playing a positive role in the denial of justice and peace in Pal- sive peace. His Majesty King Abdullah peace process. It is part of our larger estine. Bin Abdul Aziz of Saudi Arabia initi- commitment to global coexistence and There are those who say, ‘‘It’s not ated the 2002 proposal. Today, he con- progress. Ours is an Islamic country our business.’’ But this Congress tinues to rally international support. with a proud record of diversity, mod- knows: there are no bystanders in the Momentum is also building among eration, and shared respect. 21st century. There are no curious on- Muslim countries outside the Arab Allow me to say, we thank the Con- lookers. There is no one who is not af- world. Ten days ago, in Islamabad, the gress and the administration for sup- fected by the division and hatred that foreign ministers of key Muslim states porting Jordan’s progress and develop- is present in our world. met. They came together to assure Pal- ment. I deeply value the partnership Some will say: ‘‘This is not the core estinians and Israelis that they are not between our peoples, and the contribu- issue in the Middle East.’’ I come here alone, that we back their effort to tions of so many Americans to the fu- today as your friend to tell you that make and build peace. ture of our country. this is the core issue. And this core The goal must be a peace in which all My friends, ‘‘A decent respect for the issue is not only producing severe con- sides gain. It must be anchored in secu- rights and dignity of all nations, large sequences for our region, it is pro- rity and opportunity for all. and small.’’ That’s how President Roo- ducing severe consequences for our It must be a peace that will free sevelt—the great FDR—described the world. young Palestinians to focus on a future basis of American foreign policy. He The security of all nations and the of progress and prosperity. pledged American support for the four stability of our global economy are di- It must be a peace that makes Israel freedoms, freedom from fear, from rectly affected by the Middle East con- a part of the neighborhood, a neighbor- want, freedom of speech, and freedom flict. Across oceans, this conflict has hood that extends from the shores of of religion, everywhere in the world. estranged societies that should be the Atlantic Ocean, across the breadth The Four Freedoms speech was given friends. I meet Muslims thousands of of the southern Mediterranean, to the right here, before Congress. And that is miles away who have a deep, personal coast of the Indian Ocean. entirely fitting. Because it is here in response to the suffering of the Pales- It must be a peace that enables the the People’s House that the voices and tinian people. They want to know how entire region to look forward with ex- values of America have made hope real it is that ordinary Palestinians are citement and hope, putting its re- for so many people. still without rights and without a sources into productive growth, Today, the people of the Middle East country. They ask whether the West partnering across borders to advance are searching for these four freedoms. really means what it says about equal- development, finding opportunities, Today, the people of the Middle East ity and respect and universal justice. and solving common challenges. are searching for new hope, hope for a Yes, my friends, today I must speak. This goal is visionary, but, my future of prosperity and peace. We have I cannot be silent. friends, it is attainable. History shows seen the danger and destruction of vio- Sixty years of Palestinian disposses- that longtime adversaries can define lence, hatred, and injustice. But we sion, 40 years under occupation, a stop- new relationships of peace and coopera- have also seen what people can achieve and-go peace process, all this has left a tion. The groundwork for a comprehen- when they are empowered, when they bitter legacy of disappointment and de- sive, final settlement is already in break down walls, when they commit spair on all sides. It is time to create a place. At Taba, as in the Geneva Ac- to the future. And we know that Mid- new and different legacy, one that be- cords, the parties have outlined the pa- dle East peace can be a global begin- gins right now; one that can set a posi- rameters of the solution. ning, creating new possibilities for our tive tone for the American and Middle But we need all hands on deck. The region and the entire world. East relationship; one that can restore international community, especially We look to you to play a historic hope to our region’s people, to your the United States, must be engaged in role. Eleven American Presidents and people, and to the people of this pre- moving the process forward to achieve 30 American Congresses have already cious world. Nothing can achieve that real results. Above all, we must make faced this ongoing crisis. For not the more effectively, nothing can assert our process serve our purpose. We must future generation, but the generation America’s moral vision more clearly, achieve an agreed solution to the con- alive today, let us say together: No nothing can reach and teach the flict. more. Let us say together: Let’s solve world’s youth more directly than your Madam Speaker, Mr. Vice President, this. Let us say together: Yes, we will leadership in a peace process that de- Honorable Members, your responsi- achieve this. livers results not next year, not in 5 bility today is paramount. Your poten- No Palestinian father should be help- years, but this year. tial to help Palestinians and Israelis less to feed his family and build a fu- How do we get there? Not by a solu- find peace is unrivaled. This is because ture for his sons and daughters. No tion imposed by one side. A lasting the people of the region still regard the Israeli mother should fear when her peace can only be built on under- United States as the key to peace, the child boards a bus. Not one more gen- standing, agreement and compromise. one country most capable of bringing eration should grow up thinking that It begins with courage and vision. the two sides closer together, holding violence and conflict are the norm. We, all of us, must take risks for peace. them accountable, and making a just As Roosevelt also said, ‘‘The justice The Arab states recognized that reality settlement reality. of morality must and will win in the in 2002, when we unanimously approved Time after time, there has been end.’’ But he knew that it was up to re- the Arab Peace Initiative. It puts for- progress towards peace when Ameri- sponsible nations to stand up for jus- ward a path for both sides to achieve cans have actively engaged. Camp tice when injustice threatens. what people want and need: a collective David, Madrid, Wye River, nearly every This is our challenge as well. And we peace treaty with Israel and normal re- breakthrough was accomplished when must not leave it to another genera- lations with every Arab state, collec- America was determined to help the tion to meet this challenge. tive security guarantees for all the parties succeed. Thirteen years ago, my father was countries of the region, including On behalf of all those who seek and here to talk about his hopes for peace. Israel, an end to the conflict, a dream strive for peace in my part of the Today, we are talking about a promise every Israeli citizen has longed for world, I ask you now to exert that that is within our reach.

VerDate Aug 31 2005 23:51 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.004 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2248 CONGRESSIONAL RECORD — HOUSE March 7, 2007 We can wait no longer and that is PRINTING OF PROCEEDINGS HAD count that is needed to allow them to why I am here before you. We must DURING RECESS build the facilities to take on this over- work together to restore Palestine, a Mr. KUCINICH. Mr. Speaker, I ask whelming responsibility. nation in despair and without hope. We unanimous consent that the pro- I have asked the question then, and 5 must work together to restore peace, ceedings during the recess be printed in weeks later have yet to have an an- hope and opportunity to the Pales- the RECORD. swer, where is the money for BRAC and tinian people. And in so doing, we will The SPEAKER pro tempore. Is there when will the money be restored for pa- begin a process of building peace, not objection to the request of the gen- tient care for our men and women re- only throughout the region, but tleman from Ohio? turning from battle? throughout the world. How much more There was no objection. f bloodshed and how many more lives SONIC FOUNDRY will it cost for this grave situation to f be resolved? ANNOUNCEMENT BY THE SPEAKER (Ms. BALDWIN asked and was given I say: No more bloodshed and no PRO TEMPORE permission to address the House for 1 minute and to revise and extend her re- more lives pointlessly taken. The SPEAKER pro tempore. The The young boy, traveling to school marks.) Chair will entertain one-minutes, 15 Ms. BALDWIN. Mr. Speaker, I rise to with his brother in Palestine, let him minutes per side. have a life of peace. recognize one of Wisconsin’s own, the The mother, watching with fear as f Sonic Foundry Company, for its well- her children board a bus in Israel, let THE IMPERATIVE OF PEACE deserved attention as leaders of the her have a life of peace. company rang the opening bell to start (Mr. KUCINICH asked and was given The father in Lebanon, working hard the NASDAQ trading day this morning. permission to address the House for 1 to provide an education for his chil- Sonic Foundry is an example of a minute and to revise and extend his re- dren, let him have a life of peace. company excelling in innovation. Its marks.) The little girl, born in Iraq, with her Web technology is transforming busi- Mr. KUCINICH. Mr. Speaker, a few wide eyes full of wonder, let her have a ness, government and educational in- minutes ago we heard King Abdullah of life of peace. stitutions by allowing people to receive Jordan declare the imperative of peace The family, together eating their critical information and share knowl- between the Israelis and the Palestin- evening meal, in Asia, Africa, North edge. Their Mediasite technology is ians as central to assuring peace not America, South America, Europe, Aus- trusted by Fortune 500 companies, edu- only in the Middle East but throughout tralia, and the Middle East, let them cational institutions and government the world. all have a life of peace. agencies. In Wisconsin, use of this Speaking not only of Israelis and Today my friends, we must speak. We technology saved the State’s budget Palestinians but of Lebanese and Iraqis cannot be silent. $800,000 in its first year of use. and of people all over the world, King The next time a Jordanian, a Pales- Sonic Foundry’s Mediasite tech- Abdullah said, ‘‘Let them have a life of tinian, or an Israeli comes before you, nology also allows the exchange of peace.’’ let it be to say: Thank you for helping video greetings and interactive content Indeed, it is our responsibility as peace become a reality. to be passed between separated family leaders of the United States to respond Peace be upon you. members. Military families have been to such an eloquent call by creating a Thank you very much. provided this service for free during restart of the peace process, which [Applause, the Members rising.] holiday occasions. brings security, justice and peace to At 11 o’clock and 35 minutes a.m., Wisconsin is proud of Sonic Found- both Palestinians and Israelis. His Majesty King Abdullah II Ibn Al ry’s accomplishments. When our brothers and sisters are Hussein, King of the Hashemite King- f killing each other, it is for us to use dom of Jordan, accompanied by the the power of compassion and love so DIRECTO A MEXICO committee of escort, retired from the that all may survive and prosper in se- Hall of the House of Representatives. (Mr. POE asked and was given per- curity and peace. The Deputy Sergeant at Arms es- mission to address the House for 1 This is a good moment for us to corted the Dean of the Diplomatic minute.) make a restart. This is a good moment Corps from the Chamber. Mr. POE. Mr. Speaker, the Federal for us to create a new context. This is Government is helping and encour- f a good moment for us to join with King aging illegals in this country to send Abdullah in speaking of people in the JOINT MEETING DISSOLVED money south of the border. Here is how Middle East and throughout the world it works. The SPEAKER. The purpose of the and saying, ‘‘Let them have a life of The Federal Reserve, in a program joint meeting having been completed, peace.’’ called Directo a Mexico, allows illegals the Chair declares the joint meeting of f that have no Social Security numbers the two Houses now dissolved. and no American IDs to send billions of Accordingly, at 11 o’clock and 38 BRAC FUNDING dollars through U.S. banks to Mexico. minutes a.m., the joint meeting of the (Mrs. DRAKE asked and was given The Federal Reserve, also at tax- two Houses was dissolved. permission to address the House for 1 payer expense, provides banks with The Members of the Senate retired to minute and to revise and extend her re- promotional marketing propaganda in their Chamber. marks.) Spanish so as to appeal to the ever- f Mrs. DRAKE. Mr. Speaker, earlier growing illegal population. This this week I visited Walter Reed Army untaxed money to Mexico is about $23 ANNOUNCEMENT BY THE SPEAKER Medical Center, including outpatient billion a year and a drain on the United The SPEAKER. The House will con- residence Building 18. States economy. tinue in recess subject to the call of Despite Walter Reed’s status on the The banks make a profit off the the Chair. BRAC list, there is no excuse for offer- illegals and their transfers. It is all ing anything but world-class patient about banking greed. These trans- f care to our returning wounded war- actions should be taxed, and the banks b 1218 riors. should be required to collect the taxes. According to the BRAC Commission, Keep some of that money in the AFTER RECESS Bethesda Naval Medical will take on United States to pay for all the social The recess having expired, the House the important mission currently han- services that illegals obtain and don’t was called to order by the Speaker pro dled by Walter Reed in 2011. Yet, only pay for. Banks should not be in the tempore (Mr. SCHIFF) at 12 o’clock and 5 weeks ago, the majority decided to business of helping illegals in the 18 minutes p.m. take away $3 billion from the BRAC ac- United States send money anywhere,

VerDate Aug 31 2005 23:51 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.005 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2249 and neither should our Federal Govern- DEMOCRATIC CONGRESS PRO- vealing confidential sources. Because ment, for that matter. But banking VIDING PROPER OVERSIGHT OF there is no Federal media shield law, greed seems to rule the day. POOR TREATMENT OF WOUNDED the real losers in all of this difficult And that’s just the way it is. SOLDIERS and tragic case are not actually report- f (Mr. HARE asked and was given per- ers or the press, but the American pub- mission to address the House for 1 lic. WALTER REED ARMY MEDICAL minute and to revise and extend his re- My own colleague, Congressman RICK CENTER marks.) BOUCHER, and I will be reintroducing (Mr. CARNAHAN asked and was Mr. HARE. Mr. Speaker, the Amer- the Free Flow of Information Act. I given permission to address the House ican people are rightfully outraged by urge my colleagues in Congress to take for 1 minute and to revise and extend the stories coming out of Walter Reed. it up expeditiously. It is time to re- his remarks.) On Monday, the House Oversight and store the fabric of the first amendment Mr. CARNAHAN. Mr. Speaker, I Government Reform Committee held freedom of the press. stand today for our veterans. The its first hearing at Walter Reed to de- f American public has heard the revela- termine how long these problems have GI BILL tions of poor conditions at Walter Reed been going on and how best we can fix (Mr. CARNEY asked and was given and other military medical centers the problems as soon as possible. Three permission to address the House for 1 around the country. other hearings are scheduled through- minute and to revise and extend his re- The fact that we are not providing out the week. marks.) adequate support and resources for the But this administration has some Mr. CARNEY. Mr. Speaker, I rise brave men and women who fought for tough questions to answer. First, when today in support of our Nation’s vet- our country is a national disgrace. We did they know that wounded military erans. The GI bill has provided edu- must ensure soldiers have the training, personnel were not receiving the treat- cation to many of our Nation’s fine, resources and care while in combat and ment they deserve? The President said honorable men and women. Unfortu- when they return home. he wasn’t aware of these problems nately, there is a provision which ex- Next week, I will be visiting Walter until the Washington Post investiga- cludes our National Guard and Reserve Reed to talk to administrators and pa- tion, but several GAO reports have from receiving their GI bill benefits tients about the care our veterans are been released outlining some of these after they have left the military. receiving. I will also visit Jefferson problems. Was the administration ig- I have introduced bipartisan legisla- Barracks and the John Cochran Hos- noring these reports or just ignoring tion, H.R. 1330, which will give the Na- pital in Missouri. By evaluating our the problem? tional Guard and Reserve members up current facilities, we can determine And, second, why did the administra- to 10 years to take advantage of their the strengths to build upon and weak- tion choose to privatize services at GI bill education benefits. This pro- nesses to address. Walter Reed? And how did they go posal is similar to the benefits ex- I remain determined to ensure our about choosing a company with ties to tended to active duty members of the veterans are receiving the care and Halliburton? military right now. support they have earned and been Our soldiers deserve better, and I am This bill extends a much-deserved promised, and I call upon every Mem- confident that this Congress will pro- and needed benefit to our troops. Be- ber of this House to join in fighting for vide the necessary oversight so that we cause the National Guard and Reserve those who have fought for us. can fix these problems immediately. are playing an ever-increasing role in f f combat operations, they are finding it harder to achieve their educational FISCAL YEAR 2008 BUDGET FIRST AMENDMENT AND FREE- goals while they are enlisted. This bill (Mr. BARRETT of South Carolina DOM OF THE PRESS ARE STILL will better allow troops to serve their asked and was given permission to ad- BEHIND BARS country honorably and then reward dress the House for 1 minute.) (Mr. PENCE asked and was given per- them with higher education when they Mr. BARRETT of South Carolina. mission to address the House for 1 return. Mr. Speaker, next week we will mark minute and to revise and extend his re- The National Guard and Reserve are up the budget for fiscal year 2008. That marks.) becoming indistinguishable from the budget will set the tone for the year Mr. PENCE. Mr. Speaker, if there is active duty now. They are in need of and will affect the fiscal direction of anything we learned from the convic- this benefit. We owe this to our troops our country. tion of Vice Presidential aide Scooter and to our military families back Simply chasing higher spending with Libby yesterday, it is that the first home. higher taxes, as the Democrats want, amendment and the freedom of the I urge all Members of Congress who fails to address the unsustainable press are still behind bars. The need for care about our troops and military growth of government spending. Also, a Federal media shield bill has never families to sign on to this legislation. entitlement spending currently con- been more apparent. f sumes more than half the budget and is Yesterday, Mr. Libby was convicted b 1230 projected to grow by nearly 6 percent of lying to a grand jury. That is rep- per year, faster than the entire govern- rehensible, and he will be held to the WE MUST LIVE UP TO OUR OBLI- ment costs now. We must take imme- strictest account. GATIONS TO THOSE WHO HAVE diate and substantive steps to ensure But as the Washington Post editorial SERVED OUR NATION we can meet commitments in the fu- page pointed out this morning, his (Mr. TURNER asked and was given ture. chief accuser, Joe Wilson, also lied permission to address the House for 1 Mr. Speaker, Republicans will put about who sent him to Africa, what he minute and to revise and extend his re- forth a budget that balances the budget found there, and about whether his marks.) by 2012, without raising taxes, by keep- wife was a covert CIA agent. The Wash- Mr. TURNER. Mr. Speaker, earlier ing our economy strong, creating jobs ington Post even called Joe Wilson this week I participated in a Govern- and by reforming and strengthening today a ‘‘blowhard.’’ ment Reform hearing at Walter Reed entitlement programs. Ironically, while Mr. Wilson was Hospital. Let’s work together to balance the lying to the press and creating a par- During that hearing, we heard from budget, but let’s make sure we do it tisan furor, Mr. Libby was telling the soldiers wounded in the defense of our the right way. The question will be an- truth to reporters, and that is what got Nation and their families. Like most swered this month, which is, will him in trouble. Americans, I was disappointed and sad- Democrats work with us toward these The case presented us with a long dened by what we learned. What we goals or go back to the days of tax and spectacle of reporters being jailed and heard represents an absolute failure of spend? threatened with jail time for not re- military leadership and accountability.

VerDate Aug 31 2005 23:51 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.007 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2250 CONGRESSIONAL RECORD — HOUSE March 7, 2007 Defense Secretary Gates has called percent increase, despite numerous of a roadmap for peace between the for a review of all service branch med- unmet homeland security needs. Israelis and the Palestinians. ical facilities. Yesterday, the President The President drastically cuts grants The King was right. In 2002, the Arab announced the creation of a bipartisan to first responders, State homeland se- states did stand up and offer sugges- commission to examine all U.S. mili- curity and firefighter assistance, and tions. Many of them may not have been tary and veterans care facilities. The eliminates programs like local law en- those that we might have agreed with, commission will be headed by former forcement terrorism prevention, staff- but it is important, Mr. Speaker, that Senator Bob Dole and former Health ing for adequate fire and emergency re- we now come to the table for the crisis and Human Services Secretary Donna sponse, and metropolitan medical re- is spiraling out of control. People are Shalala. sponse. He even freezes funding to se- dying. Children are without opportuni- In addition to the Government Re- cure critical infrastructure needs like ties. And the Iraq war only fuels the form Committee, I serve on the House our ports, railways, and transit sys- fire of dissent and confusion. Armed Services Committee and on the tems. It is time now for our soldiers to Veterans’ Affairs Committee. Both Mr. Speaker, giving tax breaks to the come home. It is time now for us to committees have upcoming hearings on wealthy at the expense of protecting take leadership in the Palestinian and the care and condition of soldiers at the homeland is not the priority of Israeli crisis. And, yes, it is time now Walter Reed Hospital. most Americans. Democrats will fight for us to treat our soldiers at Walter We take seriously the health care of for a budget that makes keeping our Reed and elsewhere with dignity. I join those who have provided service to our Nation safe a top priority. my colleagues in that fight for soldiers Nation. There is no excuse for what f and for peace. happened at Walter Reed Hospital. We THE DEPLORABLE CONDITIONS AT f must live up to our obligations to WALTER REED those who have served our Nation at CALLING FOR FEDERAL ASSIST- such personal sacrifice. (Mr. HALL of New York asked and ANCE FOR THOSE IMPACTED BY THE TORNADO IN DESHA COUN- f was given permission to address the House for 1 minute.) TY HONORING OUR COMMITMENT TO Mr. HALL of New York. Mr. Speaker, (Mr. ROSS asked and was given per- OUR TROOPS the situation at Walter Reed Medical mission to address the House for 1 (Ms. SHEA-PORTER asked and was Center is an embarrassment to our minute.) given permission to address the House country. The deplorable conditions for Mr. ROSS. Mr. Speaker, on February for 1 minute.) outpatient care at Walter Reed are not 24, a tornado hit Dumas in Desha Coun- Ms. SHEA-PORTER. Mr. Speaker, fit for men and women who have sac- ty, Arkansas. The Governor called out honoring our soldiers means honoring rificed to serve our country. The de- the National Guard for nearly a week. our commitment to these soldiers. layed and mishandled care of these in- For 6 days, there was no electricity to Supporting the troops means several dividuals has harmed their recovery this delta county. 650 people remain things: It meant, first of all, making and placed significant strain on their out of work because their workplace sure that the mission was essential to families. has been severely damaged or de- the United States before putting them This is not the way our combat vet- stroyed, and 150 homes were either in harm’s way. Secondly, it meant erans deserve to be treated. These con- heavily damaged or destroyed. And making sure, if they were in harm’s ditions demonstrate a catastrophic here we are more than a week later way, they had the equipment that they failure of planning on the part of the still waiting for the President and the needed. And, third, after they had administration. Director of FEMA to declare this for- borne the battle, we had an obligation, Although the Army has stated its in- gotten delta county a Federal Disaster if we were going to support the troops, tention to remedy the situation quick- Area. In fact, the FEMA spokesman, by providing medical care for them. ly, we must act for those who are cur- John Philbin, in the Arkansas News This administration has failed on all rently held at Walter Reed, for it is Bureau, Stevens Media, is quoted today three levels. clear that the Army is not currently in an Aaron Sadler story as saying How did this VA medical care dis- equipped to do so. It is unacceptable ‘‘The damages or need for Federal as- aster happen? This is absolutely for those who served us abroad to lan- sistance are not readily apparent.’’ shameful. In a House hearing on Mon- guish in a no man’s land at home. Mr. Speaker, the people at FEMA day, the top military brass said there Mr. Speaker, in the coming days I certainly did not visit the same Dumas was enough money in the budget to will introduce a bill to allow Walter and Desha County that I did. The peo- provide care. So what was the problem Reed outpatients the option of moving ple of Dumas and Desha County need here? Was it a lack of real support for to a VA facility closer to their homes the help of the Federal Government, the troops? and families while still getting their and I implore the President and the Di- This administration owes these sol- military pay and benefits. We must rector of FEMA to assist this forgotten diers and their families an apology and show that our country supports our delta county. a pledge to start really supporting the troops not only in word but also in ac- f troops. tion. 1240 f f b THE PRESIDENT’S BUDGET AND THE ISRAELI/PALESTINIAN CRISIS WATER QUALITY INVESTMENT ACT OF 2007 HOMELAND SECURITY (Ms. JACKSON-LEE of Texas asked (Mr. YARMUTH asked and was given and was given permission to address Ms. MATSUI. Mr. Speaker, by direc- permission to address the House for 1 the House for 1 minute and to revise tion of the Committee on Rules, I call minute.) and extend her remarks.) up House Resolution 214 and ask for its Mr. YARMUTH. Mr. Speaker, the Ms. JACKSON-LEE of Texas. Mr. immediate consideration. President’s fiscal year 2008 budget per- Speaker, just a few minutes ago, Mr. The Clerk read the resolution, as fol- petuates more of the same wrong prior- Speaker, the King of Jordan offered a lows: ities that have failed the American challenge to America and the world to H. RES. 214 people over the past 6 years. allow Palestinian children and Israeli Resolved, That at any time after the adop- One of the most egregious offenses of children to live in peace, as well as tion of this resolution the Speaker may, pur- his proposed budget this year is that, children around the world. suant to clause 2(b) of rule XVIII, declare the while he calls for nearly $2 trillion in I for one, Mr. Speaker, accept the House resolved into the Committee of the Whole House on the state of the Union for tax cuts for the wealthy over the next challenge and cite this government and consideration of the bill (H.R. 569) to amend 10 years, he once again refuses to fully particularly this administration for its the Federal Water Pollution Control Act to fund our homeland security programs. slowness and its inattentiveness to the authorize appropriations for sewer overflow In fact, his budget provides only a 1 crisis and the solution and resolution control grants. The first reading of the bill

VerDate Aug 31 2005 23:51 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.009 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2251 shall be dispensed with. All points of order tion to recommit, with or without in- Committee. This bill became trapped against consideration of the bill are waived structions. in committee under the previous ma- except those arising under clause 9 or 10 of Mr. Speaker, as I just stated, House jority. I think we are all happy to see rule XXI. General debate shall be confined to Resolution 214 is an open rule. This is it finally make it to the floor under the the bill and shall not exceed one hour equal- ly divided and controlled by the chairman the third open rule recommended by new majority. and ranking minority member of the Com- the Rules Committee during the 110th We all have a stake in keeping our mittee on Transportation and Infrastruc- Congress. The committee’s fourth open infrastructure up to date and pro- ture. After general debate the bill shall be rule will be considered on the floor to- tecting our constituents’ health. Up- considered for amendment under the five- morrow. grading combined sewers today will do minute rule. It shall be in order to consider The Democratic majority is backing both of these things. I urge all Mem- as an original bill for the purpose of amend- up its commitment to greater openness bers to pass this fair and open rule and ment under the five-minute rule the amend- with real action. The Rules Commit- to support the underlying legislation. ment in the nature of a substitute rec- tee’s two prior open rules permitted Mr. Speaker, I reserve the balance of ommended by the Committee on Transpor- tation and Infrastructure now printed in the Members to offer 19 amendments on my time. bill. The committee amendment in the na- the floor. The House adopted the over- Mr. LINCOLN DIAZ-BALART of ture of a substitute shall be considered as whelming majority of them. It goes to Florida. Mr. Speaker, I yield myself read. Notwithstanding clause 11 of rule show the Members often can improve such time as I may consume. XVIII, no amendment to the committee legislation when given the opportunity; Mr. Speaker, I would like to thank amendment in the nature of a substitute and I am sure that we will have a good my good friend, the gentlewoman from shall be in order except those printed in the debate today, also. California, for the time. portion of the Congressional Record des- The underlying legislation made in Mr. Speaker, American taxpayers ignated for that purpose in clause 8 of rule have invested billions in sewage treat- XVIII and except pro forma amendments for order under this rule represents a long- the purpose of debate. Each amendment so overdue, necessary investment in our ment infrastructure, resulting in dec- printed may be offered only by the Member Nation’s clean water infrastructure. ades of progress in reducing waterborne who caused it to be printed or his designee The Water Quality Investment Act pro- illness from contaminated drinking and shall be considered as read. At the con- vides sorely needed funding for cities water and beach closures and shellfish clusion of consideration of the bill for and States to upgrade combined sewer bed closures. amendment the Committee shall rise and re- systems. Unfortunately, whenever there is an port the bill to the House with such amend- Mr. Speaker, we all take our sewer accidental breach in sewage treatment ments as may have been adopted. Any Mem- systems for granted. Most of our coun- facilities, we see the repercussions of ber may demand a separate vote in the House on any amendment adopted in the try’s wastewater infrastructure is out polluted water to human health, to our Committee of the Whole to the bill or to the of sight and, for the majority of our communities, and also to important in- committee amendment in the nature of a constituents, it is out of mind as well. dustries such as tourism. That is why substitute. The previous question shall be But once these sewers back up and it is sound economic and environ- considered as ordered on the bill and amend- overflow into our streets and rivers, mental policy to invest in effective ments thereto to final passage without inter- sewers become an urgent issue. sewage treatment that ensures that vening motion except one motion to recom- Combined sewers are an older tech- the United States has a healthy and vi- mit with or without instructions. nology. They were built back when it brant aquatic ecosystem and clean The SPEAKER pro tempore. The gen- made sense to collect wastewater and water. tlewoman from California (Ms. MATSUI) storm runoff in the same pipes. They But the costs for these sewer systems is recognized for 1 hour. do not have the same capacity of more is very expensive. In 2003, the Miami- (Ms. MATSUI asked and was given modern infrastructure. During heavy Dade Water and Sewer Department in permission to revise and extend her re- storms, they often back up and over- my community evaluated its waste- marks.) flow. When this happens, untreated water needs through the year 2020 and Ms. MATSUI. Mr. Speaker, I yield wastewater stagnates in our streets determined that in order to maintain myself such time as I may consume. and pollutes our rivers. Raw sewage adequate transmission systems capa- Mr. Speaker, for the purpose of de- seeps into basements, public parks and bility, treatment, disposal and the pre- bate only, I yield the customary 30 other areas where young children play. vention of sanitary sewer overflows minutes to the gentleman from Flor- Public health is severely impacted. that department alone would have to ida, my good friend, Mr. LINCOLN DIAZ- The long-term investment fallout can spend over $2 billion. BALART. All time yielded during con- be even worse. My hometown of Sac- The cause of many sanitary sewer sideration of the rule is for debate ramento struggles with the problems overflow events is that the infrastruc- only. posed by combined sewers. During the ture is failing due to structural dete- Mr. Speaker, House Resolution 214 heavy winter storms which periodically rioration and corrosion. Federal fund- provides for consideration of H.R. 569, sweep through California, these sewers ing, such as is provided in this legisla- the Water Quality Investment Act of in our central city can overflow. When tion, could give an additional incentive 2007, under an open rule with a this happens, over 500,000 gallons of to proactively identify the infrastruc- preprinting requirement. The rule pro- wastewater flow into our public water- ture requiring replacement prior to vides for 1 hour of general debate, ways and neighborhoods. failure. equally divided and controlled by the My constituents already face dangers In 2000, Congress amended the Clean chairman and ranking minority mem- of flooding from the two large rivers Water Act to add section 221. Section ber of the Committee on Transpor- which ring our city. They should not 221 authorized appropriations of $750 tation and Infrastructure. The rule have to worry about additional flood- billion for each of fiscal years 2002 and waives all points of order against con- ing from our underground sewers. 2003 to the Environmental Protection sideration of the bill except for clauses This problem is not unique to Sac- Agency to make grants to States and 9 and 10 of rule XXI. ramento. Over 700 cities across the municipalities for controlling com- The rule makes in order the Com- country have combined sewer systems. bined sewer overflows and sanitary mittee on Transportation and Infra- These cities need help from the Federal sewer overflows. This authorization structure amendment in the nature of Government to undertake the costly was conditioned upon the receipt of at a substitute now printed in the bill as task of upgrading their infrastructure. least $1.3 billion in appropriations for an original bill for the purpose of A vote for this bill before us today is the Clean Water State Revolving Loan amendment, which shall be considered an investment in the health of these Funds. No funds were appropriated for as read. The rule provides that any cities and towns all throughout our sewer overflow grants in either fiscal amendment to the committee amend- country. year 2002 or 2003. ment in the nature of a substitute I would like to thank Chairman This legislation that we bring to the must be printed in the CONGRESSIONAL OBERSTAR for the focus he has shown in floor today reauthorizes section 221 of RECORD prior to consideration of the shepherding this bill through the the Clean Water Act which provides au- bill. Finally, the rule provides one mo- Transportation and Infrastructure thority to help municipalities and

VerDate Aug 31 2005 23:51 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A07MR7.002 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2252 CONGRESSIONAL RECORD — HOUSE March 7, 2007 States control combined sewer over- consideration of the bill (H.R. 569) to Mr. Chairman, H.R. 569 reauthorizes flows and sanitary sewer overflows. amend the Federal Water Pollution grants to help communities address the Grants provided by this bill will help Control Act to authorize appropria- widespread problem in our country of keep our water safe and healthy and tions for sewer overflow control grants, sewer overflows. will also keep our ecosystem clean of with Mr. SCHIFF in the chair. As a result of inadequate or outdated wastewater. The Clerk read the title of the bill. wastewater infrastructure, raw sewage I know the majority party likes to The CHAIRMAN. Pursuant to the can overflow into rivers or back up pat themselves on the back for bring- rule, the bill is considered read the into people’s basements, and this has ing another bill under a modified open first time. been a nationwide problem. rule. I wish to point out for the record The gentlewoman from Texas (Ms. To correct these problems, local com- that, once again, the majority does so EDDIE BERNICE JOHNSON) and the gen- munities will have to make infrastruc- only on bills that are clearly non- tleman from Louisiana (Mr. BOUSTANY) ture investments totaling as much as controversial. each will control 30 minutes. $150 billion. To provide communities The Chair recognizes the gentle- Let’s take a close look at the bills some assistance to meet these needs, woman from Texas. H.R. 569 authorizes additional re- that they previously allowed to be con- Ms. EDDIE BERNICE JOHNSON of sources for EPA to make sewer over- sidered under an open rule. Both were Texas. Mr. Chairman, I yield myself flow control grants to States and local clearly bipartisan bills, each of which such time as I may consume. was originally authorized by the Re- (Ms. EDDIE BERNICE JOHNSON of communities. This was a program that publican whip, Mr. BLUNT. One passed Texas asked and was given permission was authorized before and is now need- the House of Representatives unani- to revise and extend her remarks.) ing reauthorization. I urge all Members mously, the other by voice vote. Ms. EDDIE BERNICE JOHNSON of to support this bill. I would say, Mr. Speaker, that if the Texas. Today, the House will consider Mr. Chairman, I reserve the balance majority really wants to live up to its the first of three bills reported from of my time. campaign promise of more open proc- the Committee on Transportation and Ms. EDDIE BERNICE JOHNSON of ess, they should provide open rules on Infrastructure that seek to improve Texas. Mr. Chairman, I yield to the bills that would be a bit more debat- overall water quality of this Nation. gentleman from New Jersey (Mr. able. The first bill is H.R. 569, the Water PASCRELL) such time as he may con- Mr. Speaker, nonetheless, I strongly Quality Investment Act of 2007, spon- sume. support the underlying legislation. sored by a former committee colleague, Mr. PASCRELL. Mr. Chairman, I Mr. Speaker, I yield back the balance Mr. PASCRELL, as well as Mr. CAMP and thank the gentlewoman from Cali- of my time. Mr. CAPUANO. fornia and the gentleman from Lou- isiana, and I want to commend Con- b 1250 This legislation authorizes $1.8 bil- lion in Federal grants over the next 5 gressman CAMP from Michigan for Ms. MATSUI. Mr. Speaker, I yield years to address combined sewer over- being a stalwart in this area. It has myself the balance of my time. flows and sanitary sewer overflows na- taken us a long time, a few years. We Mr. Speaker, wastewater infrastruc- tionwide. CSOs and SSOs are overflows have had bipartisan support in the ture may not be the most glamorous of of untreated waste that can occur dur- past, Mr. Chairman, but we aim to put issues. Nonetheless, it is an important ing wet weather events as a result of closure on this at this time. one for the health of our environment poor maintenance, deteriorating infra- Mr. Chairman, the EPA estimates and our constituents. structure, or inadequate incapacity. that the Nation’s wastewater infra- No American should have to walk These overflows are significant con- structure will face a funding shortfall outside after a storm to see sewage in cerns for public health and safety be- of between 300 and $400 billion over the the streets. None of our constituents cause they often result in discharges of next 20 years. That should give us should have to fear that swimming or raw sewage into neighboring rivers, pause because of all the work and help boating in rivers will expose them to streets, beaches and basements. from both sides of the aisle in pro- industrial waste. Unfortunately, the In the first year of authorization, tecting our waterways. sad truth is that our country’s com- H.R. 569 requires the administrator to b 1300 bined sewers are not up to the task of make grants directly to municipalities cleaning our waters. on a competitive basis. For fiscal years I am very proud to rise today in The good news is that the underlying 2009 and thereafter, the bill directs the strong support of this bill, the Water bill made in order under this open rule administrator to establish a funding Quality Investment Act, H.R. 569. I will help our local municipalities fix formula, after notice and comment, want to thank Mr. OBERSTAR, chair- this problem. It is an opportunity to that allocates to each State a propor- man of the Transportation Committee, invest in our national infrastructure, tional share of grant funding based on and, of course, Ranking Member MICA protect our environment, and secure the total needs of the State to address and Chairwoman JOHNSON and Ranking our public health. CSOs and SSOs within its borders. Member BAKER for helping to get this I urge a ‘‘yes’’ vote on the previous States would be responsible for bill on the floor. question and on the rule. awarding grants to municipalities Congressman CAMP and I have pur- Mr. Speaker, I yield back the balance using these allocated funds. I applaud sued this issue for many years, as I of my time, and I move the previous the tireless efforts of Congressmen have said, in order to authorize the question on the resolution. PASCRELL, CAMP and CAPUANO in advo- wastewater infrastructure funding that The previous question was ordered. cating for increased funding to address our cities and towns so badly need; The resolution was agreed to. CSOs and SSOs. and, Mr. Chairman, I might add, there A motion to reconsider was laid on The Committee on Transportation are 30 mayors in the House. We need a the table. and Infrastructure has twice approved little bit of that mayor persuasion and The SPEAKER pro tempore (Ms. legislation to reauthorize appropria- touch to deal with a lot of problems MATSUI). Pursuant to House Resolution tions for this important effort. It is my that we face on this floor, both domes- 214 and rule XVIII, the Chair declares hope that this year Congress will fi- tically and internationally. The may- the House in the Committee of the nally approve legislation and forward ors know every day what they face on Whole House on the state of the Union it to the President for his signature. 24/7 and in the community, every com- for the consideration of the bill, H.R. I urge my colleagues to support this munity, be it large or small. Because 569. legislation which is both vital and you cannot see something, people for- get about how significant it is. b 1255 overdue. Mr. Chairman, I reserve the balance I also want to thank Congressman IN THE COMMITTEE OF THE WHOLE of my time. CAPUANO and others in this worthy en- Accordingly, the House resolved Mr. BOUSTANY. Mr. Chairman, I deavor. itself into the Committee of the Whole yield myself such time as I may con- H.R. 569 has garnered co-sponsorship House on the state of the Union for the sume. from both sides and was unanimously

VerDate Aug 31 2005 23:51 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.013 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2253 voted out of committee and was even really need, it should provide some re- thorizing Federal funds to repair and reported out of committee during the lief to our municipalities; and it sends replace outdated systems. I urge my past two Congresses for the simple rea- a signal that we really mean business colleagues to approve H.R. 569 today. son that combined sewer overflows and this year and that we are doing that I would like to thank those individ- sanitary soil overflows affect millions business on a bipartisan basis and that uals who helped move this legislation of people in each and every State in the that is the only business we should be forward, including Mr. PASCRELL, the Union. We are talking about affecting about on the important problems fac- sponsor, and for his long support of this the lives of over 40 million people here ing Americans. legislation; Mr. OBERSTAR, the chair- in what we are doing to today. I want to wholeheartedly thank the man of the Transportation and Infra- The United States’ antiquated waste- Speaker and the majority leader and structure Committee; and Mr. MICA, water infrastructure is deteriorating. the rest of the House leadership for ad- the ranking member of this committee. State and local governments are often dressing legislation this week that will Ms. EDDIE BERNICE JOHNSON of unable to stop sewage and untreated provide immeasurable benefit to com- Texas. Mr. Chairman, I yield 2 minutes waste from flowing into the streets, munities throughout this country to to the gentleman from Wisconsin (Mr. into basements, into rivers and into help have clean, safe water for their KAGEN). lakes. So all the work that we have residents. Mr. KAGEN. Mr. Chairman, I am done on making our water clean is I applaud Chairman OBERSTAR for his proud to cosponsor legislation that will being undone if we do not attack these leadership and wish to express my con- stop pollution from sewer overflows two major problems. stituents’ sincere gratitude for his ac- and preserve our clean water every- Combined sewer systems found main- tion on this important issue. This truly where. ly in older cities are one source of has been bipartisan legislation. This is Today, I rise in support of H.R. 569, these overflows. A total of 772 munici- what we talk about and so infrequently the Water Quality Investment Act. palities throughout America would implement. This important legislation will author- serve these 40 million which I just So I thank the minority side, the ma- ize grants to municipalities and States spoke of. jority side, wherever that line is, who to reduce combined sewer overflows My home State of New Jersey has 31 knows, and I say this is a good piece of and sanitary sewer overflows in our combined sewer systems, water, sanita- legislation. Nation’s water supplies. tion coming together at over 200 dis- Mr. BOUSTANY. Mr. Chairman, I am Everyone should be glad that we are charge points throughout the State. pleased to yield such time as he may ensuring clean water is a top priority, Many of those discharges, including consume to my friend, the gentleman not just for our families but for our Na- several in my own town of Paterson, from Michigan (Mr. CAMP). He is a co- tion and certainly for every citizen in New Jersey, flow into the Passaic sponsor of this legislation and has au- Wisconsin. River, a heavily polluted waterway in thored similar legislation in previous I am pleased that this Congress is ad- the heart of my district. Congresses. dressing this serious problem and this Sanitary sewer systems often over- Mr. CAMP of Michigan. Mr. Chair- challenge that our Nation’s water and flow as well, releasing untreated waste man, I thank the gentleman for yield- sewerage infrastructure poses. This into our environment, closing our ing. legislation, along with the other water beaches, we have been famous for that, Mr. Chairman, I rise today in support bills offered later this week, will fi- too, New Jersey, and contaminating of H.R. 569, the Water Quality Invest- nally begin to update and repair the highways, waterways and drinking ment Act. I want to thank Representa- outdated and aging systems that have water supplies. In 2003, New Jersey tive PASCRELL for introducing this bi- been ignored for far too long. closed over 30,000 acres of classified partisan legislation. I am proud to be By adding this critical funding to the shellfish growing areas due to a large an original cosponsor of this bill. I au- Clean Water Act, we will ensure the sanitary sewer overflow. thored similar legislation in the last communities like those in my north- Upgrading these sewer systems is ex- two Congresses. eastern Wisconsin district, who would tremely expensive. The Environmental Sewer maintenance is a serious prob- otherwise be unable to upgrade their Protection Agency estimates that the lem for Michigan and the Fourth Con- aging sewer systems, will have the nec- total cost of repairing the combined gressional District. Many of the sewers essary funding to do so. sewer systems in America will be about in this country, including several in CSO and SSO overflows in the Great $51 billion. The price tag for fixing the my State, were built during the 19th Lakes are a particularly serious impact U.S. sanitary sewer systems hovers century. The problems associated with on all the health of everyone living in around $89 billion. We are talking old sewer lines are especially rampant our region. about $140 billion. in low-lying coastal areas such as As a former mayor, I know that wet Michigan, where water runoff collects. b 1310 weather issues are one of the most Sewer overflows discharge untreated Our environmental stability and the pressing issues facing urban America. or partially treated human and indus- economic prosperity of the region de- Cities are doing their best to increase trial waste, toxic materials, debris and pend upon clean water. I am proud to capacity and upgrade facilities with disease-causing organisms into the en- cosponsor this legislation that will aid the resources they have, but they need vironment and pose a grave threat to communities and municipalities. In our help. the environment and public health. In eliminating overflow pollution, it will Most communities with combined 2005, there were over 1,000 reported create separate sewage and storm sewer overflow problems have fewer sewer overflows across the State of water flows. than 10,000 people. They cannot afford Michigan. These events spilled 20 bil- I also wish to thank Chairman OBER- to impose more fees and taxes upon lion, and I repeat 20 billion, gallons of STAR and Chairwoman JOHNSON for struggling residents who have borne sewage and wastewater onto the bringing this important legislation to the vast majority of costs associated ground and into rivers, lakes and the floor. with sewer overflows. If we impose a streams. Mr. BOUSTANY. Mr. Chairman, I am Federal mandate demanding clean The Environmental Protection Agen- pleased to yield such time as he may water, we must follow up with the Fed- cy estimates that the total cost for re- consume to my friend from Tennessee, eral ability to pay. pairing every sewer line in the country a senior member of the Transportation As the spring rains loom on the hori- is $140 billion. Local governments and Infrastructure Committee, Mr. zon, we cannot let small communities clearly cannot fix this mess alone and DUNCAN. throughout this country shoulder this meet their obligations under the Clean Mr. DUNCAN chaired the Water Re- tremendous burden alone. Water Act. sources and Environment Sub- This bill authorizes $1.8 billion for The Water Quality Investment Act committee in the previous Congress Federal grants from the EPA over a 5- goes a long way toward ending the pub- and has been a leader on this issue. year period. Although it is only a drop lic health and environmental crisis as- Mr. DUNCAN. I certainly want to in the bucket compared to what we sociated with sewer overflows by au- first thank Dr. BOUSTANY for yielding

VerDate Aug 31 2005 23:51 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.017 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2254 CONGRESSIONAL RECORD — HOUSE March 7, 2007 me this time and for his hard work on But we need to pass this legislation, Infrastructure Committee this term, this legislation. As he mentioned, I had because, as Mr. CAMP said, there is a but I have wanted to get on this com- the privilege of chairing the Water Re- lot of this water infrastructure in our mittee ever since I came to Congress, sources and Environment Sub- country, both waste water and clean and it is particularly because of issues committee for 6 years, for the past 6 water, that dates back to the 19th cen- like this that we are talking about years, and he served as my vice chair- tury. We need a lot of work if we are today. man during part of that time. I appre- going to have the water systems and My home State of Michigan actually ciate his work. the kind of country that our people has more shoreline than any other I also want to salute my really good want us to have. State in the Nation, except Alaska. If friend, Congresswoman EDDIE BERNICE Ms. EDDIE BERNICE JOHNSON of you think of the mitten of Michigan JOHNSON of Texas, whom I admire and Texas. Mr. Chairman, I yield 2 minutes and think of the Great Lakes, of respect so much, and who was my to the gentleman from New York (Mr. course, surrounding, fresh water and ranking member of that subcommittee BISHOP). clean water and the Great Lakes, I and now serves as the full chairman. Mr. BISHOP of New York. I want to mean, we are the Great Lakes State. It I want to also commend Congressman thank my colleague and friend from is an economic impetus for us. It really BILL PASCRELL, the gentleman from New Jersey for introducing this impor- is our very identity. New Jersey, who has been interested in tant legislation, and I wish to com- In fact, the Great Lakes system is ac- this issue for several years, as has my mend Chairman OBERSTAR and Chair- tually one-fifth of the fresh water sup- colleague, the gentleman from Michi- woman JOHNSON for their leadership in ply of the entire planet. Sometimes gan, Mr. CAMP, and who are the pri- moving this bill to the floor. people don’t recognize that, but they mary sponsors of this legislation. Mr. Chairman, this bill is extremely are one-fifth of the fresh water supply Mr. Chairman, I have said many important to my district, which is bor- of the world. In my area, in the Detroit times that there is nothing that the dered by water on three sides. Each area, actually, there are over 5 million people of this country take for granted year, many of my constituents and Americans just right there in south- as much as they do our clean water and millions of other Americans are east Michigan who are drafting their waste water systems in this country sickened by swimming in water con- fresh water supply from the Great that are so very important, first of all, taminated by sewer overflows. This in- Lakes, and, of course, the Canadians on to our environment, our public health, adequately treated sewage is filled the other side, our great neighbors to but also to our economy. with bacteria and viruses. the north as well. But these waters are We have environmental extremists in Also, the cumulative costs from absolutely a national treasure, and I this country who don’t want us to cut sewer systems result in thousands of think we need to do everything that we any trees, dig for any coal, drill for any days of closed beaches at a cost of bil- possibly can within our power to pre- oil or produce any natural gas, and lions of dollars due to swimming-re- serve them and to protect them. Of course, one of the great problems they basically want to shut our whole lated illnesses. The impact of such con- is that many of the communities along economy down. I don’t go along with tamination to my district, with over the shoreline have very, very old, very their agenda, but I can tell you that 300 miles of coastline, can be dev- antiquated infrastructure. It is decay- this bill is one of the most important astating to the fishing and tourist ing infrastructure; it is not right sized. bills that we could do for the environ- economies that depend upon clean It has all the problems that are not ment. Those who really care about the water and healthy beaches. particularly inherent to a city like De- environment should be over here in According to the EPA, an estimated troit or an area like southeast Michi- strong support of this bill. 850 billion gallons of raw sewage and gan. The water infrastructure network industrial waste escape each year much We see it all around the Nation, par- has done some real yeoman’s work in of it into public waters. Unfortunately, ticularly in our industrialized areas regard to the needs of this country, in despite this obvious need, the Presi- there, and we have not been capable, or this regard, for the last few years, and dent’s fiscal 2008 budget cuts infra- we have not had the political will, I they have estimated that we have structure funding by $400 million or should say, of spending the dollars to needs over the next 20 years or so of 36.6 percent. It is my hope that our keep up with the growth with our un- over $400 billion in our clean water and budget resolution and our appropri- derground infrastructure. Of course, waste water systems in this country. ators will override this cut. people don’t see the underground infra- This bill and the other two bills we Yet many Americans do not become structure a lot of times. We are not will take up later this week certainly aware of sewage leaks until they show thinking about it as we should. are very important, and they are good up on a closed beach or, worse yet, are Local communities, of course, are starts in alleviating some of this prob- made ill because many sewer systems struggling with declining tax dollars. lem. It has been said that we have do not routinely monitor to detect In Michigan, we are having a huge spent more from a Federal level on the sewer overflows or report those that do amount of decline in State revenue water system in Iraq over the last 4 occur to environmental or public sharing as well. They have very tight years than we have spent from the Fed- health agencies. budgets, and even though they have eral level on the water systems in this This bill authorizes $1.8 billion over had their best efforts, they just have country. Certainly more money has the next 5 years for grants to prevent not, the local communities in the been spent in this country on our water dangerous sewer overflows. More needs State, have not been able to keep up systems, but that has been done by the to be done, but this is a good first step. with the infrastructure needs to keep ratepayers and the local and State gov- Vote for this bill, protect the health of our water quality clean. ernments. our Nation’s beachgoers and protect We in this Congress have invested tax There is an important Federal role in our environment. dollars in so many things that our con- this regard because people in California Mr. BOUSTANY. Mr. Chairman, I am stituents have questions. Somebody drink the water in Tennessee and vice pleased to yield 4 minutes to the was just mentioning we maybe spent versa. We have a mobile society, and gentlelady from Michigan (Mrs. MIL- more money on water systems and in- there is an important role for this Con- LER) a member of the Transportation frastructure in the country of Iraq gress to play and for our Federal Gov- and Infrastructure Committee. than we have in our own Nation in re- ernment to play in this regard. Mrs. MILLER of Michigan. I cer- cent years. Some would say that some I think this bill is a good start in the tainly appreciate the gentleman for of the things we do here are not in the right direction, and I urge all of my yielding some time to me here today. national interest. But that is not the colleagues to support this legislation. Mr. Chairman, I rise in very strong, case, not the case with this very, very There are going to be, I think, two or extremely strong support of this par- important piece of legislation. three amendments offered from our ticular piece of legislation we are look- I believe that this legislation will side to make the bill a little more fis- ing at today, the Water Quality Invest- provide vital assistance to States and cally conservative, and, certainly, I ment Act of 2007. I am actually a brand local communities throughout our en- have no objection to that. new member of the Transportation and tire Nation to meet the critical need,

VerDate Aug 31 2005 23:51 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.019 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2255 to keep our water clean and pure. That rural communities like these some- more and more of what needs to be is a charter that we all share. times have difficulty with funding done to protect the public health and Whatever our constituency is, we are these types of projects because they infrastructure. the stewards of this fantastic country are so small. Mr. Chairman, around the world, at and magnificent treasures like the Mr. Chairman, in 2005, there were any given time half the people are sick Great Lakes or so many other areas nearly 400 documented sewer over- needlessly from waterborne disease. In around the country, and we need to throws throughout Indiana’s Ninth Dis- this country, we have had a better make sure that we do keep our water trict. I think we can do a lot better record. But we have had problems here, clean and pure for our generation as than that. That is why I am happy that and we are on the edge in many places well as the next. the House is addressing this issue around the country. I can’t say enough In fact, and let me just mention, sev- today. It is time to step up and assist about my appreciation for moving for- eral months ago, actually with a Cana- communities in need. ward with this in an expeditious man- dian-based research group, we do a lot The Water Quality Investment Act ner. of work, as you might imagine, in would greatly assist communities all Unfortunately, other areas of the Michigan with our Canadian counter- over America and in my district to im- Federal Government haven’t quite parts there. They were calculating that prove water quality and control sewer caught up to the leadership of the sub- the United States and Canadian cities overflow by authorizing $1.5 billion in committee bringing this forward. I am dump a combined 24 billion gallons of grants to communities over the next 5 sad to note that the administration municipal sewage directly into the years. These communities can use continues its trend of downplaying this water systems each and every year, these funds to construct treatment fa- problem with its 2008 budget and its which is the equivalent of more than cilities and update aging sewers to deal stated opposition to this bill. I am con- 100 Olympic-size swimming pools full of with the sewer overflows. fident that there will be such an over- raw sewage each and every day. Mr. Chairman, I urge my colleagues whelming show of support for it that to support this bill and rise in bipar- we will be able to convince others that b 1320 tisan support. Hopefully, it will pass. it is a good investment. In fact, they characterized the study Ms. EDDIE BERNICE JOHNSON of Solving America’s water quality as we were treating our Great Lakes Texas. Mr. Chairman, could you tell us issues requires a partnership. Already, like a toilet is what they said; and, un- how much time is remaining? State and local jurisdictions are being fortunately, there is a very choking The CHAIRMAN. The gentlewoman stressed. We are finding the private grain of truth to that. from Texas has 15 minutes remaining. sector stepping up and making higher So I certainly support the legisla- Ms. EDDIE BERNICE JOHNSON of and higher investments. The average tion. I want to commend Chairman Texas. Mr. Chairman, I yield 31⁄2 min- rate payer is facing exponential in- OBERSTAR and Ranking Member MICA utes to Mr. BLUMENAUER from the creases. for bringing it forward. I urge all of my State of Oregon. In my community, in the course of 10 colleagues to support this very bipar- Mr. BLUMENAUER. I appreciate the years we are going to double the sewer tisan piece of legislation that is so im- gentlewoman’s courtesy in permitting rates. I met with a group of profes- portant to our Nation. me to speak on the bill and commend sionals this last week that said that, at Ms. EDDIE BERNICE JOHNSON of her leadership. the current rate of expenditure, we Texas. Mr. Chairman, I now recognize I had the privilege, for 10 years, of could actually have the entire coun- Mr. HILL of Indiana for 2 minutes. serving on this subcommittee. I miss try’s GDP devoured by local utility (Mr. HILL asked and was given per- the work that is being done. But I am cost for sewer and water. That is not mission to revise and extend his re- pleased that in the first days of this going to happen because of the leader- marks.) Congress we are moving forward with ship that we see here now. Mr. HILL. Mr. Chairman, I rise in important bipartisan legislation that I look forward to a strong bipartisan support of this legislation as well. I ap- can make a huge difference for commu- vote in support of it, and I hope that plaud the authors and the coauthors nities around the country. my colleagues will take the time to for introducing it. The city that I call home, Portland, visit with the hundreds of consulting Southern Indiana has the same prob- Oregon, is one of over 1,100 commu- engineers and local government offi- lem that all communities across the nities around the country with a com- cials who are on the Hill today to tell country are having with sewer repairs, bined sewer overflow problem. The them that we have taken a step for- and it is good to see that this bipar- EPA estimates that there is something ward, and we look forward to working tisan piece of legislation is probably like 40,000 discharges of raw sewage with them to finish the job. going to pass. that occur each year from sanitary Mr. BOUSTANY. Mr. Chairman, I re- You know, the last time I was home, sewer systems with a volume into the serve the balance of my time. I was talking to a fellow in one town in billions of gallons each year. In my Ms. EDDIE BERNICE JOHNSON of southern Indiana that actually had to community, this represents an invest- Texas. Mr. Chairman, I yield 3 minutes wear boots in order to mow his lawn in ment well of over $1 billion to try and to the gentlelady from Florida (Ms. the summertime because of the sewage deal with the problems of an anti- CORRINE BROWN), a member of the com- that was bubbling up. quated system, much of which was mittee. The city of New Albany, which is built before 1960; and, compared to Ms. CORRINE BROWN of Florida. I right along the Ohio River, is probably what is happening in other parts of the want to thank Chairman OBERSTAR and going to spend half of its budget rev- country, that is a modern system. Mr. MICA and Mr. DUNCAN and Chair- enue on fixing their sewers. This is a situation where we, as a woman JOHNSON and Mr. PASCRELL for The Environmental Protection Agen- country, have long overlooked making their hard work in bringing this bill to cy approximates that each year com- the type of systematic investments the floor; and I want to congratulate bined sewer overflows discharge about that are important. I appreciated my my good friend, EDDIE BERNICE JOHN- 850 billion gallons of wastewater and colleague, Mr. DUNCAN from Tennessee, SONn, for bringing her first bill to the storm water containing untreated who talked about the potential for a floor this week as chairwoman of the wastes, toxic debris and other pollut- $400 billion shortfall. Well, it is really Water Resources Subcommittee. ants. not clear exactly whether it is $400 bil- I am so pleased that our committee, Not only New Albany, but other lion, $500 billion, you pick a number, with the guidance of our transpor- towns in southern Indiana, like being able to meet the needs of Amer- tation guru, Mr. OBERSTAR, will be Huntingburg, Rockport and Milltown ica’s communities that are being making access to a safe wastewater in- in southern Indiana are having trouble stressed, not just by aging systems but frastructure and a clean water supply a paying for their higher sewer rates; and by growth and development. Sprawl top priority. although they depend on sewer mainte- across the country is putting more and There are places in my district and in nance and repair for economic growth, more strain on these inadequate sys- the State of Florida where the sewer not to mention basic sanitation issues, tems at a time when we are finding out and water system are as bad as some

VerDate Aug 31 2005 03:48 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.020 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2256 CONGRESSIONAL RECORD — HOUSE March 7, 2007 systems that I have seen in Third Water Resources, the gentlewoman of Florida has already addressed many of the World countries. Let me repeat. There from Texas; and the gentleman from problems associated with mixed storm water are places in my district that remind Louisiana who is now managing the and sewage systems and would thus receive me of being in a Third World country bill on the Republican side. These are very little benefit. So, this largely creates a when it comes to water and sewer, and serious, urgent problems, combined new program for which Florida taxpayers will this infrastructure is what separates us sewer overflows. pay on others’ behalf. from those countries. This is why The administration in their state- A more equitable and fiscally responsible cleaning up these systems is so impor- ment of opinion on the bill sort of sug- approach is to not divert funding from the tant and why this legislation is so nec- gests that this is not a national prob- State Revolving Fund program as is proposed essary. lem. We settled that issue in 1956, that in this bill. The SRF already helps states and This bill provides $1.8 billion over 5 clean water is a national problem when local communities fund various water improve- years to municipalities and States to my predecessor, John Blotnik, au- ment projects. However, it does so in a more improve and prevent sewer overflow by thored the very first legislation, the equitable and fiscally responsible manner by improving the aging and obsolete sewer Federal Water Pollution Control Act providing low-cost loans and other cost-shar- systems that plague many towns and Amendments 1956, signed into law by ing arrangements that encourage states and cities. These improvements will not President Dwight Eisenhower. Every local communities to take ownership of high just protect the environment but will President since then has acknowledged priority projects. improve overall public health. the need for the Nation to address the Today’s bill undermines this responsible ap- One of the greatest things about problems of clean water in our rivers, proach and would incentivize states and local serving on the Transportation Com- the tributaries to those rivers, the communities to become more dependent on mittee is that our committee actually lakes, the estuaries and the saltwater federal subsidies for short- and long-term fi- puts people to work in good-paying regions of coastlines of the United nancing of their water sewer systems, rather jobs that benefit the public. We all talk States and the Great Lakes. than on the existing SRF. This bill simply a lot on this floor about supporting The vast majority of cost in cleaning hands money to the states, who then pass it hardworking Americans, but some peo- our Nation’s wastewater falls on the on to local communities, without requiring ple don’t believe that those workers de- shoulders of local communities, local them to have a detailed financing plan in serve fair wages for their hard work. ratepayers, with some participation place, and without cost sharing. This is why it is so important that we from States varying from one State to For these reasons I am not able to support support Davis-Bacon and ensure that the other, and now through the Clean H.R. 569. everyone who works hard can experi- Water Revolving Loan Fund. Mr. McGOVERN. Mr. Chairman, Congress ence the American Dream. We have felt that, as the committee has long recognized the need to protect our that originated this legislation, that nation’s water supply. Over three decades b 1330 led the charge for the Nation to clean ago, we passed the Clean Water Act (CWA) Mr. BOUSTANY. Mr. Chairman, I up the Nation’s rivers, lakes and re- establishing a federal program to aid waste- yield back the balance of my time. ceiving waters of all types, to leave a water treatment plant construction and up- Ms. EDDIE BERNICE JOHNSON of heritage for those who come after us of grades. And, in the years since, over $76.5 Texas. Mr. Chairman, I now recognize clean water. This investment we make billion has been provided to assist cities in the distinguished Chair of the entire today, that will, I am very confident, building and upgrading sewage infrastructure. committee, Mr. OBERSTAR, to close quickly be considered by the other Ask any mayor or council member in your general debate. body, and I am quite confident will be district, and I am certain that they will agree The CHAIRMAN. The gentleman signed into law by the President, will this money has been well-spent helping com- from Minnesota is recognized for 91⁄2 move us along the way toward that munities to prevent the discharge of waste into minutes. goal of meeting the Nation’s need for surface waters. Unfortunately, while funding Mr. OBERSTAR. As far back as the clean water. needs have increased over the years (21% 108th Congress, the committee consid- As is stated in the opening paragraph between 1996 and 2000), Congress has yet to ered and favorably reported this bill to of the Clean Water Act of 1972, the pur- increase its appropriations to meet this grow- address the urgent and mounting needs pose of the act is to establish and ing demand. In the end, our cities and towns of comprehensive wastewater infra- maintain the chemical, biological and have been left to cover many of these costs structure. A visionary on the com- physical integrity of the Nation’s wa- alone. mittee and leading the charge on this ters. With this legislation, we make a In my district, the city of Fall River has been legislation was our former committee down payment on meeting that objec- undertaking significant wastewater upgrades, member, Mr. PASCRELL, the gentleman tive. costing in excess of $100 million. Within the from New Jersey, who spoke earlier. He Mr. WELDON of Florida. Mr. Chairman, I community, there is strong support for com- and Mr. CAPUANO, the gentleman from rise to express my concerns about the bill that plying with the Clean Water Act, and the city Massachusetts, urged upon the com- is before us, H.R. 569. At the beginning of the itself has devoted a significant amount of pub- mittee a vigorous program of reinvest- 110th Congress, the Democrat majority talked lic funds to support this effort. But, the reality ment in the Nation’s wastewater infra- about the need for fiscal responsibility and is that without federal assistance, they would structure needs. The committee, in with much fanfare passed the pay-go rules. be unable to meet the standards mandated by fact, in the 108th Congress considered Yet, for almost every bill that has been consid- the CWA. and favorably reported this bill with ered thus far this year they have waived the The towns of Westborough and Shrewsbury total bipartisan support. pay-go rules. They do so again today. share a treatment plant and are facing similar Regrettably, it didn’t reach the The bill they have brought to the House challenges with costly upgrades. And in my House floor in the 108th Congress. It floor authorizes $1.8 billion in increased fed- hometown, the Upper Blackstone Water Pollu- wasn’t reported from the committee in eral spending over the next five years for state tion Abatement District servicing the City of the 109th Congress. The needs have and local sewer programs. This $1.8 billion Worcester and surrounding communities has only grown. They have worsened. In price tag is more than a half-a-billion more found itself in a nearly identical position. those areas of the gulf stricken by the than what the Republican majority put forward Similarly, the city of Marlborough operates Katrina and Rita and Wilma hurri- in the last Congress when it was seeking to two wastewater treatment plants; one on the canes, the needs are crushing as the reauthorize this program. easterly side of the City discharges into the gentleman from Louisiana can well at- The bill under consideration today is any- Hop Brook River and the second on the west- test. thing but music to taxpayers’ ears. Essentially, erly side of the City discharges into the So we have moved again expedi- the Democrats are proposing a no-strings-at- Assabet River. Under the conditions of the tiously in the committee to bring this tached taxpayer handout to states for local City’s NPDES permits, they are required to bill to the House floor. I thank all water sewer projects without responsible cost- make substantial upgrades to both of their those who have participated: the gen- sharing arrangements provided in currently ex- treatment plants. The City of Marlborough’s tleman from New Jersey; the gen- isting programs. engineering consultant estimates these up- tleman from Massachusetts; especially Furthermore, Florida communities would re- grades to cost between $60 and $80 million the Chair of our Subcommittee on ceive very little, if any, assistance. The state depending on whether the City is required to

VerDate Aug 31 2005 03:48 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 9920 E:\CR\FM\K07MR7.022 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2257 recharge into the groundwater as opposed as Sparta, the village of Coulterville, New Baden, the Republican-controlled Congress never ap- directly into the river. Nameoki, and Ewing Township, that all need propriated any funds and let the authorization Over the years, I have worked to obtain storm water and sewer system infrastructure expire. some modest direct federal financial relief for improvements. However, the local commu- But the new majority in this House under- these projects, but it has been clear that the nities have no money to make those improve- stands that ensuring clean water is a top pri- needs of these two cities have far exceeded ments. We must provide a better standard of ority for America’s working families. A clean the funding available. In fact, under the Re- environmental health to our communities so and healthy environment begins with clean publican-led Congress, funding for the Clean that public health and our natural resources water. H.R. 569 will help to make the Nation’s Water State Revolving Loan Fund, which ad- are not compromised. water supply cleaner and healthier by author- dresses critical water infrastructure needs, H.R. 569 seeks to help by providing $1.8 izing $1.8 billion in much needed funding for was slashed by 34 percent. And, though billion over a 5-year period for sewer overflow municipalities to control combined sewer over- sewer overflow grants were authorized for control grants provided by the EPA. These flows, CSOs, and sanitary sewer overflows. 2002 and 2003, the Republican leadership re- grants would be used by communities to plan, That is why H.R. 569 is strongly endorsed by fused to appropriate any funds and let the au- design and construct treatment works to ad- dozens of water management, environmental, thorization expire. dress combined sewer overflows and sanitary public resource, building trades, and civil engi- In the end, this failure to increase federal sewer overflows. neering associations, including the following: funding for these programs is what makes the Mr. Chairman, we must help our State and American Concrete Pipe Association; Amer- Clean Water Act an unfunded mandate in the local governments meet Federal standards ican Concrete Pressure Pipe Association; eyes of the cities and towns we are all elected and provide them with much needed relief. If American Council of Engineering Companies; to represent. it is a priority to build sewer and wastewater AFSME; American Public Works Association; And that is why this legislation we have be- infrastructure in Iraq, it should be a priority American Society of Civil Engineers; American fore us today, H.R. 569, is so important. It au- here at home. Sportfishing Association; Associated General thorizes $1.5 billion in grants to local commu- Again I strongly support H.R. 569 and urge Contractors of America; Associated Equipment nities over the next five years to prevent dan- my colleagues to do the same. Distributors; Association of Equipment Manu- gerous sewer overflow. Such funding will be Ms. JACKSON-LEE of Texas. Mr. Chair- facturers; and Association of California Water invaluable to communities like Fall River and man, I rise today in strong support H.R. 569, Agencies. Marlborough, and I urge my colleagues to join the ‘‘Water Quality Investment Act,’’ which au- American Supply Association; Construction me in supporting H.R. 569. thorizes $1.8 billion in much needed funds for Management Association of America; Cali- Mrs. GILLIBRAND. Mr. Chairman, I rise municipalities to control combined sewer over- fornia Rebuild America Coalition; Chesapeake today in strong support of H.R. 569, the Water flows, CSOs, and sanitary sewer overflows, Bay Foundation; Clean Water Action; Clean Quality Investment Act. SSOs, at the local level, and to better reduce Water Construction Coalition; Design-Build In- This bipartisan bill authorizes $1.8 billion sewer overflows, which will allow them to stitute of America; Environmental and Energy dollars over the next five years for grants to maximize environmental and health benefits. Study Institute; Food & Water Watch; Labor- prevent dangerous sewer failures—which can This necessary increase in funding is a good ers’ International Union of North America; and create significant public health hazards in first step toward addressing the U.S. Environ- International Union of Bricklayers and Allied communities across Upstate New York. mental Protection Agency’s estimated sewer Craftworkers. This bill is critically important in helping dis- International Union of Operating Engineers, overflow control costs of over $150 billion na- tricts such as mine—as our rural communities AFL–CIO; National Association of Counties; tionally. are invariably faced with aging sewer systems. National Association of Flood and Stormwater Mr. Chairman, sewer system overflows are Upstate New York is on the verge of a great Management Agencies; National Association a growing problem in the United States today. economic revival, but in order to take that next of Clean Water Agencies; National Association Most Americans do not know that many of our step, we must address our major water con- of Regional Councils; National Association of municipalities utilize sewer systems con- cerns. To attract and keep businesses in our Sewer Service Companies; National Associa- structed as far back as the 1860s. This anti- towns we need the infrastructure to support tion of Towns and Townships; National Con- quated infrastructure is deteriorating, and as a them. struction Alliance; National League of Cities; result, State and local governments are often This legislation has the potential to help National Precast Concrete Association; and unable to stop sewage and untreated waste benefit over 10 communities in my Upstate National Ready Mixed Concrete Assocation. New York District. From Whitehall to from flowing into streets, basements, rivers, National Rural Water Association; National Mechanicville, to Hudson—today we are mak- and lakes. It goes without saying, Mr. Chair- Society of Professional Engineers; National ing an important investment in our future. man, that sewer overflows represent a major Urban Agriculture Council; Pipe Rehabilitation I am pleased to see this Congress recog- public health hazard. Council; Portland Cement Association; Rural nizes the need to update our water systems Combined sewer systems, those handling Community Assistance Partnership; SAVE and hope to see a continued emphasis on in- both waste water and storm water, which are International; Underground Contractors Asso- frastructure investments that will benefit rural found mainly in older cities, are one source of ciation of Illinois; Uni-Bell PVC Pipe Associa- communities like those I represent in New these overflows. Our most recent data indi- tion; United Association of Journeymen and York. cates that a total of 772 municipalities have Apprentices in the Plumbing and Pipe Fitting The Water Quality Investment Act doesn’t combined sewers, serving approximately 40 Industry, AFL–CIO; The Vinyl Institute; The only make sense from an economic stand- million people. According to the Environmental Western Coalition of Arid States; and United point—but it is vitally important from an envi- Protection Agency, these combined sewer Brotherhood of Carpenters and Joiners of ronmental standpoint as well. overflows, CSOs, discharge about 850 billion America. Water systems in my district serve some of gallons of wastewater and storm water con- Mr. Chairman, I strongly support H.R. 569 the nation’s most pristine waters including taining untreated waste, toxic debris, and and urge all my colleagues to join me in sup- Lake George in the Adirondack Mountains. other pollutants. porting this legislation that addresses one of Towns like Ticonderoga need this help to pre- Sanitary sewer systems often overflow as the real and pressing needs of the American serve our environmental treasures. well, releasing untreated waste into our envi- people. I thank you again Mr. Chairman, for the op- ronment in all 50 States and the District of Co- Mr. LARSON of Connecticut. Mr. Chairman, portunity to speak in support of this crucial bill, lumbia. For example, in 2003, New Jersey I regret that I could not be present today be- and I urge my colleagues to join me in support closed over 30,000 acres of classified shellfish cause of a family medical matter and I would of this vital funding that will protect lives, pre- growing areas due to a large sanitary sewer like to submit this statement for the record in serve the environment, and help cities and overflow, SSO. Another year saw over 1,000 support of H.R. 569, the Water Quality Invest- states pay for modernizing their sewer infra- sewer overflows in Michigan, totaling over 20 ment Act. structure billion gallons in spilled sewage. The overflow of sewage into streets, base- Mr. COSTELLO. Mr. Chairman, I rise today Upgrading these systems is extremely ex- ments, rivers and lakes is a serious environ- in strong support of H.R. 569, the Water Qual- pensive. The EPA estimates that the total cost mental and health problem. Communities ity Investment Act. This legislation is extremely of repairing the country’s combined sewer sys- across New England face a higher risk of important to our local communities to improve tems is nearly $51 billion. The price tag for fix- sewer overflows because of their aged and stormwater and sewer system infrastructure. ing U.S. sanitary sewer systems hovers deteriorating infrastructure. For example, in my In my congressional district alone, I have around $89 billion. Sewer overflow control home State of Connecticut, the City of Hart- numerous communities, including the city of grants were authorized for 2002 and 2003, but ford’s sewer system was built 150 years ago.

VerDate Aug 31 2005 03:48 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\A07MR7.004 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2258 CONGRESSIONAL RECORD — HOUSE March 7, 2007 It was designed to support roughly 15,000 quirements as a project that receives assistance reduction in the authorization by the people, but today the expanded system, in- from a State water pollution control revolving individual line items, and they all are cluding the district’s central Hartford Treatment fund under title VI, except to the extent that the on page four, so it amounts to a 5-per- Governor of the State in which the project is lo- cent reduction and takes us down to a Plant, serves 400,000 people in 6 towns. As a cated determines that a requirement of title VI result, over 1 billion gallons of untreated sew- is inconsistent with the purposes of this sec- number just a little bit above the infla- age overflows every year in Greater Hartford. tion.’’. tion-adjusted 2002 number. So the $1.5 On average, combined sewer overflows occur (b) AUTHORIZATION OF APPROPRIATIONS.—The billion that was 2002 after adjusted for more than 50 times a year, which impacts 30 first sentence of section 221(f) of such Act (33 inflation comes to $1.69 billion. My miles of the Connecticut River, including area U.S.C. 1301(f)) is amended by striking amendment takes it up to just about basements and streets. ‘‘$750,000,000’’ and all that follows before the $1.7 billion. This overall is not in the In Connecticut’s First District, which I rep- period and inserting ‘‘$250,000,000 for fiscal year President’s budget and we don’t have resent, the Metropolitan District Commission 2008, $300,000,000 for fiscal year 2009, $350,000,000 for fiscal year 2010, $400,000,000 for this in any other budget, in Repub- (MDC) is responsible for providing water sup- fiscal year 2011, and $500,000,000 for fiscal year licans or Democrats here, so this is an ply, water treatment and water pollution con- 2012’’. extra authorization. trol to eight cities and towns, including Hart- (c) ALLOCATION OF FUNDS.—Section 221(g) of Federal spending in the 110th Con- ford, West Hartford, East Hartford, Newington, such Act (33 U.S.C. 1301(g)) is amended to read gress is out of control. The first five Wethersfield, Rocky Hill, Windsor and Bloom- as follows: bills of the 110th Congress wasted field. In order to support the rehabilitation and ‘‘(g) ALLOCATION OF FUNDS.— about $14 billion of taxpayer money. If the rebuilding of Hartford’s core system, in ad- ‘‘(1) FISCAL YEAR 2008.—Subject to subsection American taxpayers are going to be dition to satisfying State and Federal consent (h), the Administrator shall use the amounts ap- propriated to carry out this section for fiscal forced to foot the bill for projects that orders to eliminate sanitary sewer overflows, year 2008 for making grants to municipalities cities and States should be paying for, the MDC must expend more than $1 billion. and municipal entities under subsection (a)(2) then they should only have to be forced On November 7,2006, the voters in the eight in accordance with the criteria set forth in sub- to pay a reasonable amount. And if MDC municipalities approved an $800 million section (b). Members cannot vote for a reasonable bond referendum for addressing the sewer ‘‘(2) FISCAL YEAR 2009 AND THEREAFTER.—Sub- reduction as done by this amendment, overflow problem. However, without much ject to subsection (h), the Administrator shall it proves that the majority in this Con- needed Federal support, the annual cost to use the amounts appropriated to carry out this gress carries with it a tax-and-spend homeowners will increase from $119 per year section for fiscal year 2009 and each fiscal year thereafter for making grants to States under attitude. The restraint is what is in my to more than $1,000 per year. In Hartford, the subsection (a)(1) in accordance with a formula amendment. city’s residents have an average income less to be established by the Administrator, after than the region’s average and as a result of providing notice and an opportunity for public The funding authorized under this these regressive wastewater fees, will experi- comment, that allocates to each State a propor- bill is $1.8 billion. My amendment will ence an even greater economic burden. tional share of such amounts based on the total bring spending in line to about the in- It is because of outdated wastewater sys- needs of the State for municipal combined sewer flation-adjusted portion, as I men- tems, clean water needs and the direct impact overflow controls and sanitary sewer overflow tioned earlier. We need to make sure it has on communities like those in Con- controls identified in the most recent survey that our adjustments do so without conducted pursuant to section 516.’’. necticut that the legislation before the House wasteful government spending. We (d) REPORTS.—The first sentence of section today is so important. The Water Quality In- 221(i) of such Act (33 U.S.C. 1301(i)) is amended should not sit back and allow the ma- vestment Act would reauthorize Sewer Over- by striking ‘‘2003’’ and inserting ‘‘2010’’. jority to force their expansive jumbo jets or their poorly masked, earmark- flow Control Grants for $1.8 billion over the The CHAIRMAN. No amendment to ridden continuing resolutions on the next 5 years. These grants were authorized in that amendment shall be in order ex- American taxpayers. Fiscal Year 2002 and Fiscal Year 2003, how- cept those printed in the designated ever, no funds were ever appropriated and the place in the CONGRESSIONAL RECORD Mr. Chairman, we all have to learn to authorization of this program was allowed to and pro forma amendments for the pur- tighten our belts. We have to learn how expire. pose of debate. Amendments printed in to do more with less. We have to draw Today and later this week when the House the RECORD may be offered only by the the line somewhere. And we actually considers the Healthy Communities Water Member who caused it to be printed or should draw it everywhere where we Supply Act (H.R. 700) and the Water Quality his designee and shall be considered can to squeeze this down. The checks Financing Act (H.R. 720), the Democratic Ma- read. that this Congress have already writ- jority is sending a clear message to the Amer- ten in a closed and rigid process are ican people—this Congress is committed to in- AMENDMENT NO. 3 OFFERED BY MR. KING OF IOWA simply too large. In last year’s elec- vesting in the health and safety of your family tions, the new majority party promised and your community. I urge all of my col- Mr. KING of Iowa. Mr. Chairman, I have an amendment that is filed and the American people that they would leagues in supporting the underlying bill. rein in Federal spending and return fis- The CHAIRMAN. All time for general should be in order at the desk. The CHAIRMAN. The Clerk will des- cal restraint to Washington, DC. So debate has expired. far, that has not been what I have seen Pursuant to the rule, the amendment ignate the amendment. here in this Congress. I offer this op- in the nature of a substitute printed in The text of the amendment is as fol- portunity to the minority and the ma- the bill shall be considered as an origi- lows: jority to bring us back to a level of fis- nal bill for the purpose of amendment Amendment No. 3 offered by Mr. KING of cal restraint. under the 5-minute rule and shall be Iowa: considered read. Page 4, line 6, strike ‘‘$250,000,000’’ and in- We can and must do something about The text of the amendment in the na- sert ‘‘$237,500,000’’. the deficit. We must do it right now. Page 4, line 7, strike ‘‘$300,000,000’’ and in- We have our opportunity right here. By ture of a substitute is as follows: sert ‘‘$285,000,000’’. H.R. 569 Page 4, line 7, strike ‘‘$350,000,000’’ and in- voting for this amendment, you are Be it enacted by the Senate and House of Rep- sert ‘‘$332,500,000’’. stating that American taxpayers resentatives of the United States of America in Page 4, line 8, strike ‘‘$400,000,000’’ and in- should not have to pay higher taxes in Congress assembled, sert ‘‘$380,000,000’’. the future because we couldn’t control SECTION 1. SHORT TITLE. Page 4, line 9, strike ‘‘$500,000,000’’ and in- our spending today. I think it is clear. This Act may be cited as the ‘‘Water Quality sert ‘‘$475,000,000’’. This is a carefully drafted and a rea- Investment Act of 2007’’. Mr. KING of Iowa. Mr. Chairman, my sonable spending restraint amendment. SEC. 2. SEWER OVERFLOW CONTROL GRANTS. amendment is a simple amendment. It is a 5-percent reduction and it takes (a) ADMINISTRATIVE REQUIREMENTS.—Section What it does is it recognizes that this us down to an inflation-adjusted num- 221(e) of the Federal Water Pollution Control authorization was authorized by Con- ber from the 2002 authorization. I Act (33 U.S.C. 1301(e)) is amended to read as fol- lows: gress in 2002. It was authorized for $1.5 haven’t heard a lot of discussion here ‘‘(e) ADMINISTRATIVE REQUIREMENTS.—A billion. This authorization takes us on about the expansion in needs. I did project that receives assistance under this sec- up well over that. What I have done hear some significant requests that I tion shall be carried out subject to the same re- with my amendment is I do a 5-percent think are relatively legitimate.

VerDate Aug 31 2005 03:48 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A07MR7.020 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2259 b 1340 Act does not either increase the Federal def- Federal deficit nor reduce Federal sur- icit or reduce the Federal surplus. plus, of which we do not have one at But it is important for us to be re- (b) DEFINITIONS.—In this section, the terms sponsible in our request. It is impor- this point. ‘‘deficit’’ and ‘‘surplus’’ have the meanings We have inquired of the Congres- tant that we tighten our belt a little given such terms in the Congressional Budg- sional Budget Office about the lan- bit. If we can take it up one notch here, et and Impoundment Control Act of 1974 (2 guage of the bill. The legislation before we can take it up another notch on an- U.S.C. 621 et seq.). us, H.R. 569, does not include direct other authorization and another appro- Mr. PRICE of Georgia. Mr. Chairman, spending. The Congressional Budget Of- priation, Perhaps we can get through as you know, this bill, the Water Qual- fice estimates in their statement in- this process. Having met PAYGO, for ity Investment Act of 2007, would reau- cluded in the committee report lan- example, maybe we can get through thorize an expired Federal program guage: CBO estimates that imple- this process and actually have a budget that provides grants to States for the menting this legislation would cost that is closer to balance than some we purpose of providing money to a mu- about $1.45 billion over the next 5 have seen in the past. Maybe we can nicipality or municipalities for plan- years, which should be less now with ning, designing and construction of get to the point of the promises that the King amendment, and an addi- treatment works for combined sewer were made that we are going to have a tional $0.35 billion after 2012, assuming overflows and sanitary sewer over- balanced budget this year. I am look- appropriation of the authorized flows. ing forward to seeing that. I am trying amounts. Enacting the bill, CBO says, This bill authorizes, at least did prior to be helpful in offering this amend- would not affect direct spending or re- to the last amendment, $1.8 billion in ment, and I would ask my colleagues to ceipts. support this fiscal restraint, fiscally Federal grants. And while this bill is So I think the gentleman’s amend- responsible, reasonable amendment important, equally important is that ment, while well intentioned, goes be- that preserves the authorization of my amendment will apply the principle yond the purpose of PAYGO. It would 2002, makes adjustments for inflation of pay-as-you-go, something that we apply if we were taking money out of so real dollars will buy the same have heard a lot talked about here by the highway trust fund. This is direct amount of projects that would have the new majority. spending, although the highway trust Any new spending authorized in this been brought subsequent to the 2002 au- fund is a different matter because there thorization, which, of course, was not bill would be required to be offset by a is already an antideficiency provision, appropriated to. specific amount to make it so that you cannot spend more than the high- Mr. Chairman, I urge passage of this there would be no increase in Federal way trust fund has in its account; and amendment. spending. it is managed in a different manner. Mr. OBERSTAR. Mr. Chairman, I Simply, the amendment provides So, we do not have direct spending move to strike the requisite number of that no authorization of appropriations authority in the legislation. And, words. made by this act that results in costs therefore, the gentleman’s amendment The gentleman from Iowa has made a to the Federal Government shall be ef- is not applicable, is not valid, and I very thoughtful presentation and offers fective, except to the extent that the would oppose the amendment. an amendment that is founded on some act provides for equal decreases in I yield to the gentleman if he would logic of the previous history of the leg- spending somewhere else in the Federal like to respond. islation, and suggests that we proceed Government. Mr. PRICE of Georgia. I thank the at what he considers a Consumer Price An excerpt from the ‘‘New Direction gentleman for yielding. And given that Index rate of increase over the previous for America,’’ which was proposed by I may disagree with that, but I would legislation, 2002 bill. If the gentleman the now majority party last year when ask then, as a matter of principle, is prepared to accept success, we will they were running for the majority, would you then not agree that adopting accept his amendment. said, ‘‘Our new direction is committed this amendment simply puts on record I yield to the gentleman. to pay-as-you-go budgeting. No more that we as a Congress believe that any Mr. KING of Iowa. I appreciate the deficit spending. We are committed to money that would result as a result of gentleman’s remarks, and I am very auditing the books and subjecting this bill should be offset? much in agreement with you that this every facet of Federal spending to Mr. OBERSTAR. Reclaiming my is a responsible thing for us to do. And tough budget discipline and account- time, adopting the amendment would I again thank you, and I would be very ability, forcing the Congress to choose create a false impression that we in happy to accept the recommendation a new direction and the right priorities fact have created a direct spending au- and your support, and I would be will- for all Americans.’’ thority in the legislation. And the gen- ing to do the same. Mr. Chairman, that sounds great, and tleman is perfectly within his rights to Mr. OBERSTAR. Mr. Chairman, we I agree with that. My concern is what offer such an amendment on direct are prepared to accept the gentleman’s we may have here is another example spending legislation, for which I would amendment. of Orwellian democracy where just be- have no objection, but in this legisla- The CHAIRMAN. The question is on cause you say something means it is tion, it creates the false impression the amendment offered by the gen- so. But, Mr. Chairman, rules aren’t that we are in fact creating direct rules if you only follow them when you tleman from Iowa (Mr. KING). spending authority when in fact we are The amendment was agreed to. want to. not. And, if adopted, it would create an So this is a matter of principle. It is unacceptable and invalid precedent. AMENDMENT NO. 1 OFFERED BY MR. PRICE OF a matter of accountability. My amend- Mr. PRICE of Georgia. Mr. Chairman, GEORGIA ment is very simple and would provide will the gentleman yield? Mr. PRICE of Georgia. Mr. Chairman, that no additional spending would be Mr. OBERSTAR. I yield to the gen- I offer an amendment. undertaken unless it were offset else- tleman from Georgia. The CHAIRMAN. The Clerk will des- where. Mr. PRICE of Georgia. I appreciate ignate the amendment. I would urge my colleagues to adopt that perspective. We worked with legis- The text of the amendment is as fol- this sensible PAYGO amendment to lative counsel on this, as well as the lows: this Water Quality Investment Act of Parliamentarian, and believe this is an Amendment No. 1 offered by Mr. PRICE of 2007. appropriately crafted amendment. And Georgia: Mr. OBERSTAR. Mr. Chairman, I I understand and appreciate the gentle- At the end of the bill, add the following: move to strike the requisite number of man’s reservation. SEC. 3. REQUIREMENT OF OFFSETS. words. Mr. OBERSTAR. Mr. Chairman, I re- (a) IN GENERAL.—No authorization of ap- Mr. Chairman, I read with interest spectfully oppose the amendment. I propriations made by this Act or other provi- and puzzlement the gentleman’s would appreciate it if the gentleman sion of this Act that results in costs to the Federal Government shall be effective except amendment that requires offsetting de- would withdraw the amendment and to the extent that this Act provides for off- creases in spending of the Federal Gov- not have a recorded vote on it, but he setting decreases in spending of the Federal ernment, such that the net effect of is certainly within his rights to pro- Government, such that the net effect of this this act does not either increase the ceed further on it.

VerDate Aug 31 2005 03:48 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.027 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2260 CONGRESSIONAL RECORD — HOUSE March 7, 2007 Ms. EDDIE BERNICE JOHNSON of datory. All other spending in the budg- State revolving loan fund. Those mu- Texas. Mr. Chairman, I move to strike et is referred to as the discretionary nicipal bonds will result in a reduction the last word. spending, which is provided in and con- in Federal revenues. Therefore, you Mr. Chairman, I rise in opposition to trolled by the annual appropriations must create an offset. this amendment offered by the gen- process and is not subject to PAYGO. We then, taking that direction from tleman from Georgia (Mr. PRICE). That is why the Congressional Budget CBO, reevaluated the bill in a bipar- The amendment confuses the issue of Office has stated that this legislation tisan fashion. We reduced its author- authorization of appropriations and ac- does not trigger the PAYGO rule. CBO ization number from $20 billion to $14 tual funding of these programs through says, this is not direct spending, so it billion, the period of time from 5 to 4 the appropriations process. This is not applicable in this legislation. years, created the offset for the $14 bil- amendment would require that any au- Now, I think your point is that lion. thorization of appropriations be consid- maybe we ought to put everything The CHAIRMAN. The time of the ered with the corresponding offset, re- under the same umbrella, but then you gentleman from New Jersey (Mr. gardless of whether the program ever are going to have to change every au- PASCRELL) has expired. receives any funding. thorizing program in the Congress. Mr. PASCRELL. Mr. Chairman, I ask In the example of the sewer overflows This is a reauthorization. We are au- unanimous consent for 2 additional grant program, we are considering thorizing a program that already ex- minutes. today a program that I remind my col- ists. The original authorization was The CHAIRMAN. Is there objection leagues has never been funded through signed into law in fiscal year 2001 in to the request of the gentleman from the appropriations process. This the omnibus appropriations bill. We are New Jersey? amendment would require the identi- going to offset each and every reau- Mr. PRICE of Georgia. Mr. Chairman, fication of $1.45 billion over the next 5 thorization we consider in the House? I I reserve the right to object. years in offsets regardless of whether don’t know if that is the direction you The CHAIRMAN. Objection is heard. appropriations are ever enacted in this want to go in. Mr. PRICE of Georgia. Mr. Chairman, program. This majority, the Democratic ma- I am pleased to withdraw my reserva- jority, and we are talking about a bi- tion should the same courtesy be ex- b 1350 partisan bill here, voted out unani- tended to me to have an opportunity to During the first few days of the legis- mously in conference, this majority address the issues that have been lative session, the new Democratic ma- has instituted strong PAYGO rules, raised. jority renewed PAYGO rules to require pay as you go. We are taking fiscal re- Mr. OBERSTAR. Mr. Chairman, I the identification of offsets of any sponsibility very seriously. asked unanimous consent that the gen- changes in mandatory spending by leg- Nonetheless, neither this bill nor any tleman may be given two additional islative initiatives. This important other reauthorization bill falls under minutes so that I might yield to the provision expired under the Republican House PAYGO rules; and I wanted to gentleman from Georgia for him to re- control of the House with no attempt make that clear. spond. to restore these protections to the Fed- The fact is that this is too critical a The CHAIRMAN. Is there objection eral budgetary process. program, and I don’t sense the sense of to the request? As the gentleman is well aware, in urgency here. This is too sensitive an Mr. PRICE of Georgia. Mr. Chairman, the first days of the 110th Congress, the issue, too urgent an issue to jeopardize I withdraw my reservation. Democratic majority reinstituted with attempts to score a political Mr. OBERSTAR. Having made that PAYGO rules that requires the offsets point, as the gentleman from Georgia presentation, if I may yield to the gen- in Federal receipts resulting from leg- is attempting to do, I believe, if he con- tleman from Georgia for his response. islative proposals. siders to move forward. Failing to pre- Mr. PRICE of Georgia. Well, I appre- This bill has no effect on direct vent sewer overflows will result in ciate the gentleman yielding, and I ap- spending. In its analysis of the bill, the more sewage, more toxins, more debris preciate the passion that this has re- Congressional Budget Office specifi- making the way into our waterways sulted in on the other side. cally stated enacting the bill would not and drinking water. I want to make it very clear, this is affect direct spending or receipts. How- We have worked on both sides of the an important bill. There is no doubt ever, to require offsets for any author- aisle for so many years to clean this about it. I have municipalities, cities ization of appropriations, regardless of mess up. What legacy do we leave to that are certainly in need of assist- its impact on Federal receipts, is be- our children if we don’t do this? ance. But it is also important that we yond the scope of PAYGO and an ap- It is our duty to prevent beach clo- make certain that we prioritize here in propriate limitation of the ability of sures, shellfish bed closures, contami- Washington how we spend hard-earned Congress to address the needs of the nation of drinking water and other en- taxpayer money. And if we are not Nation. vironmental and public health con- going to start on that road now, when I oppose this amendment. cerns that result from sewer overflows are we going to start? Mr. Chairman, I yield back the bal- before it is too late. We have heard a lot about fiscal re- ance of my time. I would ask my friend from Georgia if sponsibility from your side of the aisle. Mr. PASCRELL. Mr. Chairman, I he would consider not asking for a vote We heard a lot last year. We have heard move to strike the last word. on this amendment. a lot of promises. But what, in fact, has Mr. Chairman, I would ask the gen- Mr. OBERSTAR. Mr. Chairman, will happened is that so much of the spend- tleman from Georgia (Mr. PRICE), re- the gentleman yield? ing that we do here in Washington spectfully, to withdraw this amend- Mr. PASCRELL. I yield to the gen- doesn’t come under this umbrella of ment. And if I may just take a few mo- tleman from Minnesota. PAYGO that has been adopted by the ments. Mr. OBERSTAR. May I make another House. The pay-as-you-go rule, which was attempt with my colleague? In fact, I would venture to say that adopted by the House of Representa- If I may make another appeal to the the press releases that were released by tives, presents consideration of bills gentleman from Georgia. In the bill my good friends when they adopted that affect direct or mandatory spend- that we will consider on Friday to re- PAYGO didn’t have any fine print in it ing as we know it, or revenues, unless plenish State revolving loan funds, we that said, oh, by the way, it doesn’t the measures also contain offsets, as I submitted the legislation to the Office apply to discretionary spending. So am sure my friend from Georgia knows. of Management and Budget and to the PAYGO isn’t PAYGO unless it is Direct spending includes funds for en- Congressional Budget Office. Both PAYGO for everybody; come one, come titlement programs, Social Security, came back and said there is a possi- all. Medicare, Medicaid, the Federal Em- bility, not the possibility, there is the So I would respectfully suggest that ployee Retirement and Unemployment reality that local governments will my good friends ought to, in the spirit Compensation and other programs that float municipal bonds to match and to of true fiscal responsibility, ought to you and I, I think, would consider man- repay the cost of the loan from the support this amendment, and we can

VerDate Aug 31 2005 03:48 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.029 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2261 move forward arm in arm and make the Illegal Immigration Reform and Immi- POINT OF ORDER certain that we are spending the hard- grant Responsibility Act of 1996 (8 U.S.C. Ms. EDDIE BERNICE JOHNSON of earned taxpayers’ money of America 1324a note); and Texas. Mr. Chairman, I raise a point of wisely. ‘‘(2) to comply with the terms and condi- order against this amendment. The tions of the election.’’. The CHAIRMAN. The time of the amendment imposes conditions for re- gentleman from New Jersey (Mr. Ms. EDDIE BERNICE JOHNSON of ceipt of these funds that are unrelated PASCRELL) has expired. Texas. Mr. Chairman, I reserve a point to the underlying bill. Specifically, the (On request of Mr. PASCRELL, and by of order on the amendment. amendment requires contractors to unanimous consent, Mr. OBERSTAR was Mr. ROHRABACHER. Mr. Chairman, participate in the employment eligi- allowed to proceed for 1 additional my amendment would, very simply, bility verification pilot program of the minute.) prohibit government contracts in var- Illegal Immigration Reform and Immi- Mr. OBERSTAR. I explained the situ- ious water projects in terms of the grant Responsibility Act. The amend- ation with H.R. 720, the State Revolv- Water Quality Investment Act from ment is not germane to H.R. 569 and ing Loan Fund, Mr. Chairman, so that being provided to contractors who are violates clause 7 of rule XVI of the the gentleman from Georgia would hiring illegal immigrants. Among the Rules of the House. have understanding and confidence many infrastructure treasures this Na- The CHAIRMAN. Does any Member that the committee has done its home- tion must guard, of course, is our water wish to be heard on the point of order? work, has acted responsibly on the supply. And we want to ensure, if we Mr. ROHRABACHER. Mr. Chairman, matter of offsets where there is direct are going to expend billions of dollars, I believe my amendment is germane. spending or where there is a reduction taxpayer dollars, in improvements, After all, we do add many such regula- in Federal revenues. that everyone the Federal Government tions on bills that we pass. They have is responsible for paying to work on b 1400 to meet certain standards. This stand- these projects has a right to work here. ard certainly is no different than many We submitted H.R. 720 to review by My amendment simply says that any of the other standards. CBO and the Office of Management and recipient of a government grant or con- It is just that this body refuses ever Budget. Both were of the opinion that tract under this bill must use Social to involve themselves in anything that there would be a reduction in revenues Security’s basic pilot verification sys- would stem the flow of illegal immi- if municipalities issue municipal bonds tem to ensure that all employees are in grants into this country and quit giv- and that those municipal bonds will be this country legally. ing people an incentive to come here to tax exempt and therefore a reduction The basic pilot program was ex- take the jobs and the benefits that be- in revenues. panded in 2003 and now covers 50 long to the American people. And cer- The distinction between that legisla- States. Many private employers who tainly this amendment, which is no dif- tion and this is that there is no direct wish to be good corporate citizens al- ferent than many other types of re- spending involved. There is no result- ready use the program. strictions that we place on government ing responsibility on governments to This program is offered to every em- spending, is certainly germane to this take action that would result in a re- ployer at no cost. When it comes to bill. And, therefore, I would argue my duction in revenues, nor is this an ap- something as critical as our Nation’s case that it is germane. propriation. It is not a direct spending. health and our water supply, this Con- The CHAIRMAN. Does anyone else And, therefore, it is not subject to the gress has no excuse not to ensure that wish to be heard on the point of order? PAYGO rules. taxpayer dollars and government-fund- The gentlewoman from Texas makes The CHAIRMAN. The question is on ed jobs go to those who are in this a point of order that the amendment the amendment offered by the gen- country legally and who are legally en- offered by the gentleman from Cali- tleman from Georgia (Mr. PRICE). titled to get those jobs. The American fornia is not germane. The question was taken; and the people expect and deserve to have the H.R. 569 authorizes the Environ- Chairman announced that the noes ap- Federal Government set an example for mental Protection Agency to make peared to have it. private industry when dealing with a grants for sewer overflow control Mr. PRICE of Georgia. Mr. Chairman, system so essential to the health and projects. I demand a recorded vote. well-being of our people. The CHAIRMAN. Pursuant to clause The amendment would impose a con- Let us note that there is a lot of talk 6 of rule XVIII, further proceedings on dition on the making of such grants. It about prevailing wage going on in Con- the amendment offered by the gen- would require the recipients of the gress as if we have to ensure that there tleman from Georgia will be postponed. funds to certify that all entities car- is a higher wage given to people who rying out the sewer overflow control AMENDMENT NO. 2 OFFERED BY MR. work on government projects. Well, the projects had elected to participate in ROHRABACHER very easiest way to do that is to ensure Mr. ROHRABACHER. Mr. Chairman, an employment eligibility verification that contractors who work on govern- I offer an amendment. program under the Illegal Immigration The CHAIRMAN. The Clerk will des- ment programs are not hiring illegal Reform and Immigrant Responsibility ignate the amendment. immigrants. Act of 1996. The text of the amendment is as fol- What we have here is a situation Clause 7 of rule XVI, the germane- lows: where a large number of people in this ness rule, provides that no proposition body are unwilling to confront the ille- on a subject different from that under Amendment No. 2 offered by Mr. ROHR- ABACHER: gal immigration challenge at the ex- consideration shall be admitted under Page 5, after line 9, add the following: pense of whom? The American working color of amendment. (e) PARTICIPATION IN EMPLOYMENT ELIGI- people whose jobs are being bid down in As recorded in Deschler-Brown Prece- BILITY VERIFICATION PILOT PROGRAM.—Sec- terms of the wages and the American dents, volume 11, chapter 28, section tion 221 of the Federal Water Pollution Con- taxpayers, who are, in this case, if we 30.23, an amendment conditioning the trol Act (33 U.S.C. 1300) is amended by adding don’t confront that problem, are going availability to certain recipients of at the end the following: ‘‘(j) PARTICIPATION IN EMPLOYMENT ELIGI- to basically have to pay higher taxes in funds in an authorization bill upon BILITY VERIFICATION PILOT PROGRAM.—The order to pay for the same project. So, their compliance with laws not other- Administrator may make a grant to a State, thus, we have the American working wise applicable to those recipients and municipality, or municipal entity under sub- people and the American taxpayer both within the jurisdiction of other House section (a) only if the State, municipality, or being hurt by not forcing employers to committees may be ruled out as not municipal entity provides assurances satis- ensure that they are hiring legal work- germane. factory to the Administrator that the State, ers for these various programs. As the Chair understands it, partici- municipality, or municipal entity will im- Now, I know the American people pation in the employment eligibility pose conditions requiring all persons, includ- ing contractors and subcontractors, carrying would agree with me, and I urge my verification program is voluntary on out activities using amounts of the grant— colleagues to support this amendment, the part of employers. The amendment ‘‘(1) to elect to participate in the basic which is pro-working man and pro-tax- would require such participation by re- pilot program described in section 403(a) of payer. cipients of the funds authorized by the

VerDate Aug 31 2005 03:48 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.031 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2262 CONGRESSIONAL RECORD — HOUSE March 7, 2007 bill. As such, the amendment requires The Acting CHAIRMAN. When the Baca Harman Oberstar Baird Hastings (FL) Obey the recipients to comply with a law not Committee of the Whole rose earlier Baker Herseth Olver otherwise applicable and within the ju- today, amendment No. 2 printed in the Baldwin Higgins Ortiz risdiction of other House committees. CONGRESSIONAL RECORD by the gen- Barrow Hill Pallone The amendment is not germane. The tleman from California (Mr. ROHR- Bean Hinchey Pascrell Becerra Hinojosa Pastor point of order is sustained. The amend- ABACHER) had been disposed of. Berkley Hirono Pelosi ment is not in order. AMENDMENT NO. 1 OFFERED BY MR. PRICE OF Berman Hobson Perlmutter Ms. EDDIE BERNICE JOHNSON of GEORGIA Berry Hodes Peterson (MN) Biggert Holden Pomeroy Texas. Mr. Chairman, I move that the The Acting CHAIRMAN. Pursuant to Bishop (GA) Holt Price (NC) Committee do now rise. clause 6 of rule XVIII, the pending Bishop (NY) Honda Rahall The motion was agreed to. business is the demand for a recorded Blumenauer Hooley Rangel Accordingly, the Committee rose; Bordallo Hoyer Regula vote on amendment No. 1 offered by Boren Inslee Rehberg and the Speaker pro tempore (Mr. the gentleman from Georgia (Mr. Boswell Israel Reyes PASCRELL) having assumed the chair, PRICE) on which further proceedings Boucher Jackson (IL) Rodriguez Mr. SCHIFF, Chairman of the Com- were postponed and on which the noes Boyd (FL) Jackson-Lee Rogers (KY) Brady (PA) (TX) Ross mittee of the Whole House on the state prevailed by voice vote. Braley (IA) Jefferson Rothman of the Union, reported that that Com- The Clerk will redesignate the Brown, Corrine Johnson (GA) Roybal-Allard mittee, having had under consideration amendment. Butterfield Johnson, E. B. Ruppersberger the bill (H.R. 569) to amend the Federal Calvert Jones (OH) Rush The Clerk redesignated the amend- Capps Kagen Ryan (OH) Water Pollution Control Act to author- ment. Capuano Kanjorski Salazar ´ ize appropriations for sewer overflow RECORDED VOTE Cardoza Kaptur Sanchez, Linda Carnahan Kennedy T. control grants, had come to no resolu- The Acting CHAIRMAN. A recorded tion thereon. Carney Kildee Sanchez, Loretta vote has been demanded. Carson Kilpatrick Sarbanes f A recorded vote was ordered. Carter Kind Schakowsky Castor Klein (FL) Schiff GENERAL LEAVE The vote was taken by electronic de- Chandler Knollenberg Schwartz vice, and there were—ayes 166, noes 260, Clarke Kucinich Scott (GA) Ms. EDDIE BERNICE JOHNSON of not voting 13, as follows: Clay Lampson Scott (VA) Texas. Mr. Speaker, I ask unanimous Cleaver Langevin Serrano [Roll No. 123] consent that all Members may have 5 Clyburn Lantos Sestak AYES—166 Cohen Larsen (WA) Shays legislative days in which to revise and Conyers Latham Shea-Porter Aderholt Gillmor Nunes extend their remarks and include ex- Cooper LaTourette Sherman Akin Gingrey Paul Costa Lee Shuler traneous material on H.R. 569. Bachmann Gohmert Pearce Costello Levin Simpson The SPEAKER pro tempore. Is there Bachus Goode Pence Courtney Lewis (CA) Sires Barrett (SC) Goodlatte objection to the request of the gentle- Peterson (PA) Cramer Lewis (GA) Skelton Bartlett (MD) Granger woman from Texas? Petri Crowley Lipinski Slaughter Barton (TX) Graves Pickering Cuellar Loebsack Smith (WA) There was no objection. Bilbray Hall (TX) Pitts Cummings Lofgren, Zoe Snyder Bilirakis Hastert f Platts Davis (AL) Lowey Solis Bishop (UT) Hastings (WA) Poe Davis (CA) Lynch Space Blackburn Hayes RECESS Porter Davis (IL) Mahoney (FL) Spratt Boehner Heller Price (GA) Davis, Lincoln Maloney (NY) Stark The SPEAKER pro tempore. Pursu- Bonner Hensarling Pryce (OH) DeFazio Manzullo Stupak Boozman Herger ant to clause 12(a) of rule I, the Chair Putnam DeGette Markey Sutton Boustany Hoekstra Delahunt Marshall Tanner declares the House in recess subject to Brady (TX) Hulshof Radanovich Dicks Matsui Tauscher the call of the Chair. Brown (SC) Hunter Ramstad Dingell McCarthy (NY) Taylor Brown-Waite, Inglis (SC) Reichert Accordingly (at 2 o’clock and 9 min- Doggett McCollum (MN) Thompson (CA) Ginny Issa Renzi utes p.m.), the House stood in recess Donnelly McDermott Thompson (MS) Buchanan Jindal Reynolds Doolittle McGovern Tiahrt subject to the call of the Chair. Burgess Johnson (IL) Rogers (AL) Doyle McIntyre Tierney Burton (IN) Johnson, Sam Rogers (MI) f Edwards McNerney Towns Buyer Jones (NC) Rohrabacher Ehlers McNulty Turner Campbell (CA) Jordan Ros-Lehtinen b 1606 Ellison Meehan Udall (CO) Cannon Keller Roskam Ellsworth Meek (FL) Udall (NM) Cantor King (IA) AFTER RECESS Royce Emanuel Meeks (NY) Van Hollen Capito King (NY) Ryan (WI) Emerson Melancon Vela´ zquez The recess having expired, the House Castle Kingston Sali Engel Mica Visclosky Chabot Kirk was called to order by the Speaker pro Saxton English (PA) Michaud Walz (MN) Coble Kline (MN) tempore (Mr. KIND) at 4 o’clock and 6 Schmidt Eshoo Millender- Wasserman Cole (OK) Kuhl (NY) Sensenbrenner Etheridge McDonald Schultz minutes p.m. Conaway LaHood Sessions Everett Miller (MI) Waters Crenshaw Lamborn f Shadegg Farr Miller (NC) Watson Culberson Lewis (KY) Shimkus Filner Miller, George Watt Davis (KY) Linder WATER QUALITY INVESTMENT Shuster Frank (MA) Mitchell Waxman Davis, David LoBiondo ACT OF 2007 Smith (NE) Frelinghuysen Mollohan Weiner Davis, Tom Lucas Smith (NJ) Giffords Moore (KS) Welch (VT) Deal (GA) Lungren, Daniel The SPEAKER pro tempore. Pursu- Smith (TX) Gilchrest Moore (WI) Wexler Dent E. ant to House Resolution 214 and rule Souder Gillibrand Moran (VA) Wilson (NM) Diaz-Balart, L. Mack Stearns Gonzalez Murphy (CT) Wilson (OH) XVIII, the Chair declares the House in Diaz-Balart, M. Marchant Gordon Murphy, Patrick Wolf Drake Matheson Sullivan the Committee of the Whole House on Green, Al Murphy, Tim Woolsey Dreier McCarthy (CA) Tancredo the state of the Union for the further Green, Gene Murtha Wu Duncan McCaul (TX) Terry Grijalva Nadler Wynn consideration of the bill, H.R. 569. Fallin McCotter Thornberry Gutierrez Napolitano Yarmuth Feeney McCrery Tiberi b 1607 Hall (NY) Neal (MA) Young (AK) Ferguson McHenry Upton Hare Norton Young (FL) IN THE COMMITTEE OF THE WHOLE Flake McHugh Walberg Forbes McKeon Walden (OR) NOT VOTING—13 Accordingly, the House resolved Fortenberry McMorris Walsh (NY) Abercrombie Christensen Fattah itself into the Committee of the Whole Fortun˜ o Rodgers Wamp Blunt Cubin Fossella Miller (FL) Weldon (FL) Larson (CT) House on the state of the Union for the Bono Davis, Jo Ann Foxx Miller, Gary Weller Payne further consideration of the bill (H.R. Boyda (KS) DeLauro Franks (AZ) Moran (KS) Westmoreland Camp (MI) Faleomavaega 569) to amend the Federal Water Pollu- Gallegly Musgrave Whitfield tion Control Act to authorize appro- Garrett (NJ) Myrick Wicker priations for sewer overflow control Gerlach Neugebauer Wilson (SC) b 1635 grants, with Mr. HASTINGS of Florida NOES—260 Messrs. DINGELL, CALVERT, AL (Acting Chairman) in the chair. Ackerman Allen Andrews GREEN of Texas, MCNERNEY, SIMP- The Clerk read the title of the bill. Alexander Altmire Arcuri SON, KNOLLENBERG, COSTELLO,

VerDate Aug 31 2005 03:52 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.037 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2263 WOLF, COHEN, REHBERG, TIAHRT b 1640 Speaker, and they realize that a mo- and FRELINGHUYSEN changed their The SPEAKER pro tempore. The gen- tion to recommit is not a procedural vote from ‘‘aye’’ to ‘‘no.’’ tleman from North Carolina is recog- motion; it is actually policy. And when Mr. GOODE changed his vote from nized for 5 minutes. those 13 Democrats voted for the re- ‘‘no’’ to ‘‘aye.’’ Mr. MCHENRY. Mr. Speaker, this commit on the card check legislation, So the amendment was rejected. motion to recommit would reinforce they said clearly they understand the The result of the vote was announced existing Federal law by making it clear underlying policy in a motion to re- as above recorded. that none of the funds authorized in commit. The Acting CHAIRMAN. There being this act would be used for lobbying or We are talking policy here today, Mr. no further amendments, the question is to retain lobbyists in order to attempt Speaker. In this House, if the Demo- on the committee amendment in the to influence Federal, State or local crat majority was truly elected and is nature of a substitute, as amended. governments or officials within said committed to severing the link be- The committee amendment in the governments. tween legislation and lobbyists, they nature of a substitute, as amended, was This motion to recommit is an insur- will vote for this motion to recommit. agreed to. ance policy that guarantees this bill This motion to recommit is a gut The Acting CHAIRMAN. Under the won’t be a kickback to K Street. This check for Congress, especially the new rule, the Committee rises. majority was elected on ending the K Members of this body who have not Accordingly, the Committee rose; Street Project. In House Resolution 6, been here before this last election and the Speaker pro tempore (Mr. section 202, they changed rule XXIII to cycle. It is gut check time for them, for KIND) having assumed the chair, Mr. ensure that the K Street Project is them to explain to their constituents HASTINGS, Acting Chairman of the ended. that they like the idea of limiting lob- Committee of the Whole House on the If those words on opening day are to byists’ influence, and whether or not state of the Union, reported that that become a reality, I encourage the ma- they are willing to fulfill that vote Committee, having had under consider- jority to support this motion to recom- here on the House floor today. ation the bill (H.R. 569) to amend the mit that ensures that a K Street-type This truly is an insurance policy that Federal Water Pollution Control Act to project would not be further propa- guarantees this bill won’t simply be a authorize appropriations for sewer gated in this legislation. kickback to K Street by this new ma- overflow control grants, pursuant to There is a simple principle here; put jority. Mr. Speaker, I yield back the balance House Resolution 214, he reported the plainly, I am asking the Members of the House to follow their own rules set of my time. bill back to the House with an amend- Mr. OBERSTAR. Mr. Speaker, I rise up on opening day. From time to time, ment adopted in the Committee of the to speak on the motion to recommit. Whole. it is important to challenge Congress’s The SPEAKER pro tempore. Is the The SPEAKER pro tempore. Under words by calling them to action. And if gentleman opposed to the motion? the rule, the previous question is or- this new majority is to live by the Mr. OBERSTAR. No. I seek to speak dered. words they set up by opening day, then on the motion. Is a separate vote demanded on the they should support this motion to re- The SPEAKER pro tempore. The gen- amendment to the amendment in the commit. tleman from Minnesota is recognized nature of a substitute reported from I would like to yield to my colleague for 5 minutes. the Committee of the Whole? If not, from Georgia, Congressman PRICE. Mr. OBERSTAR. Mr. Speaker, the the question is on the amendment in Mr. PRICE of Georgia. Mr. Speaker, I operative provision of H.R. 569, section the nature of a substitute. thank the gentleman for yielding, and 221, provides, ‘‘The administrator may The amendment in the nature of a I thank him for his simple motion to make grants to States for the purpose substitute was agreed to. recommit. of providing grants to a municipality The SPEAKER pro tempore. The This really is a simple motion to re- or municipal entity for planning, de- question is on the engrossment and commit. What it says is that the sign and construction of treatment third reading of the bill. money that is authorized and appro- works to intercept, transport, control The bill was ordered to be engrossed priated should go for its intended pur- or treat municipal combined sewer and read a third time, and was read the poses. It would expand upon existing overflows and sanitary sewer over- third time. law by specifically prohibiting Federal flows.’’ It says nothing about paying funds from being used to pay for mem- MOTION TO RECOMMIT OFFERED BY MR. lobbyists, retaining a lobbyist or influ- bership in any association or organiza- MCHENRY encing Federal, State or local govern- tion. It is important to make clear Mr. MCHENRY. Mr. Speaker, I have a ment entity or officer. But if the gen- that the funds should only be used for motion to recommit at the desk. tleman is concerned that somehow the purposes intended by Congress, The SPEAKER pro tempore. Is the money might be diverted in that, we mainly the construction of facilities gentleman opposed to the bill? are fully prepared to accept the amend- and infrastructure to treat combined Mr. MCHENRY. In the current form, ment. sewer overflows. I am. Mr. Speaker, I yield back the balance Now, while associations and organi- of my time. The SPEAKER pro tempore. The zations can sometimes provide very Clerk will report the motion to recom- The SPEAKER pro tempore. Without meaningful opportunities for collabora- objection, the previous question is or- mit. tion and knowledge dissemination, it The Clerk read as follows: dered on the motion to recommit. would not be appropriate to use scarce, There was no objection. Mr. MCHENRY moves to recommit the bill hard-earned Federal taxpayer dollars H.R. 569 to the Committee on Transportation The SPEAKER pro tempore. The and Infrastructure with instructions to re- to pay for membership in such associa- question is on the motion to recommit. port back the same forthwith with the fol- tions. The question was taken; and the lowing amendment: Mr. Speaker, I don’t know if my col- Speaker pro tempore announced that At the end of the bill, add the following leagues are aware of this, but some of the noes appeared to have it. (and conform the table of contents accord- these dues in these associations and or- RECORDED VOTE ingly): ganizations run up to $48,000 to $50,000 Mr. MCHENRY. Mr. Speaker, I de- SEC. 3. LIMITATION ON THE USE OF FUNDS. a year. Certainly, hard-earned taxpayer mand a recorded vote. None of the funds authorized by this Act, money should not go for that purpose. A recorded vote was ordered. including the amendments made by this Act, So, in the spirit of responsible spending The SPEAKER pro tempore. Pursu- may be used— and to decrease the abuse of hard- ant to clause 8 and 9 of rule XX, this 15- (1) to lobby or retain a lobbyist for the pur- minute vote on the motion to recom- pose of influencing a Federal, State, or local earned taxpayer dollars, I urge the governmental entity or officer; or adoption of this motion to recommit. mit will be followed by 5-minute votes (2) to pay for expenses related to the mem- Mr. MCHENRY. Reclaiming my time, on the question of passing the bill and bership of any individual or entity in an or- I would like to in particular talk to my on suspending the rules and passing ganization or association. 13 colleagues on the Democrat side, Mr. H.R. 710.

VerDate Aug 31 2005 03:52 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.039 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2264 CONGRESSIONAL RECORD — HOUSE March 7, 2007 The vote was taken by electronic de- Mollohan Rogers (AL) Stearns The bill was ordered to be engrossed Moore (KS) Rogers (KY) Stupak vice, and there were—ayes 425, noes 0, Moore (WI) Rogers (MI) Sullivan and read a third time, and was read the not voting 8, as follows: Moran (KS) Rohrabacher Sutton third time. Moran (VA) Ros-Lehtinen Tancredo [Roll No. 124] The SPEAKER pro tempore. The Murphy (CT) Roskam Tanner question is on the passage of the bill. AYES—425 Murphy, Patrick Ross Tauscher Murphy, Tim Rothman Taylor The question was taken; and the Ackerman Davis, David Issa Murtha Roybal-Allard Terry Speaker pro tempore announced that Aderholt Davis, Lincoln Jackson (IL) Musgrave Royce Thompson (CA) the ayes appeared to have it. Akin Davis, Tom Jackson-Lee Myrick Ruppersberger Thompson (MS) Alexander Deal (GA) (TX) Nadler Rush Thornberry Mr. OBERSTAR. Mr. Speaker, on Allen DeFazio Jefferson Napolitano Ryan (OH) Tiahrt that I demand the yeas and nays. Altmire DeGette Jindal Neal (MA) Ryan (WI) Tiberi Andrews Delahunt Johnson (GA) Neugebauer Salazar Tierney The yeas and nays were ordered. Arcuri Dent Johnson (IL) Nunes Sali Towns The SPEAKER pro tempore. This Baca Diaz-Balart, L. Johnson, E. B. Oberstar Sa´ nchez, Linda Turner will be a 5-minute vote. Bachmann Diaz-Balart, M. Johnson, Sam Obey T. Udall (CO) Bachus Dicks Jones (NC) Olver Sanchez, Loretta Udall (NM) The vote was taken by electronic de- Baird Dingell Jones (OH) Ortiz Sarbanes Upton vice, and there were—yeas 367, nays 58, Baker Doggett Jordan Pallone Saxton Van Hollen not voting 8, as follows: Baldwin Donnelly Kagen Pascrell Schakowsky Vela´ zquez Barrett (SC) Doolittle Kanjorski Pastor Schiff Visclosky [Roll No. 125] Barrow Doyle Kaptur Paul Schmidt Walberg YEAS—367 Bartlett (MD) Drake Keller Payne Schwartz Walden (OR) Barton (TX) Dreier Kennedy Pearce Scott (GA) Walsh (NY) Ackerman Davis (IL) Honda Bean Duncan Kildee Pence Scott (VA) Walz (MN) Aderholt Davis (KY) Hooley Becerra Edwards Kilpatrick Perlmutter Sensenbrenner Wamp Alexander Davis, David Hoyer Berkley Ehlers Kind Peterson (MN) Serrano Wasserman Allen Davis, Lincoln Hulshof Berman Ellison King (IA) Peterson (PA) Sessions Schultz Altmire Davis, Tom Hunter Berry Ellsworth King (NY) Petri Sestak Waters Andrews DeFazio Inslee Biggert Emanuel Kingston Pickering Shadegg Watson Arcuri DeGette Israel Bilbray Emerson Kirk Pitts Shays Watt Baca Delahunt Jackson (IL) Bilirakis Engel Klein (FL) Platts Shea-Porter Waxman Bachmann Dent Jackson-Lee Bishop (GA) English (PA) Kline (MN) Poe Sherman Weiner Bachus Diaz-Balart, L. (TX) Bishop (NY) Eshoo Knollenberg Pomeroy Shimkus Welch (VT) Baird Diaz-Balart, M. Jefferson Bishop (UT) Etheridge Kucinich Porter Shuler Weldon (FL) Baker Dicks Jindal Blackburn Everett Kuhl (NY) Price (GA) Shuster Weller Baldwin Dingell Johnson (GA) Blumenauer Fallin LaHood Price (NC) Simpson Westmoreland Barrow Doggett Johnson (IL) Blunt Farr Lamborn Pryce (OH) Sires Wexler Bean Donnelly Johnson, E. B. Boehner Feeney Lampson Putnam Skelton Whitfield Becerra Doolittle Jones (NC) Bonner Ferguson Langevin Radanovich Slaughter Wicker Berkley Doyle Jones (OH) Boozman Filner Lantos Rahall Smith (NE) Wilson (NM) Berman Drake Kagen Boren Flake Larsen (WA) Ramstad Smith (NJ) Wilson (OH) Berry Dreier Kanjorski Boswell Forbes Latham Rangel Smith (TX) Wilson (SC) Bilirakis Duncan Kaptur Boucher Fortenberry LaTourette Regula Smith (WA) Wolf Bishop (GA) Edwards Keller Boustany Fossella Lee Rehberg Snyder Woolsey Bishop (NY) Ehlers Kennedy Boyd (FL) Foxx Levin Reichert Solis Wu Blumenauer Ellison Kildee Boyda (KS) Frank (MA) Lewis (CA) Renzi Souder Wynn Blunt Ellsworth Kilpatrick Brady (PA) Franks (AZ) Lewis (GA) Reyes Space Yarmuth Boehner Emanuel Kind Brady (TX) Frelinghuysen Lewis (KY) Reynolds Spratt Young (AK) Bonner Emerson King (NY) Braley (IA) Gallegly Linder Rodriguez Stark Young (FL) Boozman Engel Kirk Brown (SC) Garrett (NJ) Lipinski Boren English (PA) Klein (FL) Brown, Corrine Gerlach LoBiondo NOT VOTING—8 Boswell Eshoo Kline (MN) Brown-Waite, Giffords Loebsack Abercrombie Cubin Fattah Boucher Etheridge Knollenberg Ginny Gilchrest Lofgren, Zoe Boustany Everett Kucinich Bono Davis, Jo Ann Larson (CT) Buchanan Gillibrand Lowey Camp (MI) DeLauro Boyd (FL) Fallin Kuhl (NY) Burgess Gillmor Lucas Boyda (KS) Farr LaHood Burton (IN) Gingrey Lungren, Daniel b 1711 Brady (PA) Ferguson Lampson Butterfield Gohmert E. Braley (IA) Filner Langevin Buyer Gonzalez Lynch So the motion to recommit was Brown (SC) Forbes Lantos Calvert Goode Mack agreed to. Brown, Corrine Fortenberry Larsen (WA) Campbell (CA) Goodlatte Mahoney (FL) Brown-Waite, Fossella Latham Cannon Gordon Maloney (NY) The result of the vote was announced Ginny Frank (MA) LaTourette Cantor Granger Manzullo as above recorded. Buchanan Frelinghuysen Lee Capito Graves Marchant Mr. OBERSTAR. Mr. Speaker, pursu- Burton (IN) Gallegly Levin Capps Green, Al Markey ant to the instructions of the House on Butterfield Gerlach Lewis (CA) Capuano Green, Gene Marshall Buyer Giffords Lewis (GA) Cardoza Grijalva Matheson the motion to recommit, I report the Calvert Gilchrest Lewis (KY) Carnahan Gutierrez Matsui bill, H.R. 569, back to the House with Cantor Gillibrand Lipinski Carney Hall (NY) McCarthy (CA) an amendment. Capito Gillmor LoBiondo Carson Hall (TX) McCarthy (NY) Capps Gohmert Loebsack Carter Hare McCaul (TX) The SPEAKER pro tempore. The Capuano Gonzalez Lofgren, Zoe Castle Harman McCollum (MN) Clerk will report the amendment. Cardoza Goodlatte Lowey Castor Hastert McCotter The Clerk read as follows: Carnahan Gordon Lucas Chabot Hastings (FL) McCrery Carney Granger Lungren, Daniel Chandler Hastings (WA) McDermott Amendment: Carson Graves E. Clarke Hayes McGovern At the end of the bill, add the following Castle Green, Al Lynch Clay Heller McHenry (and conform the table of contents accord- Castor Green, Gene Mahoney (FL) Cleaver Hensarling McHugh ingly): Chabot Grijalva Maloney (NY) Clyburn Herger McIntyre Chandler Gutierrez Manzullo Coble Herseth McKeon SEC. 3. LIMITATION ON THE USE OF FUNDS. Clarke Hall (NY) Markey Cohen Higgins McMorris None of the funds authorized by this Act, Clay Hare Marshall Cole (OK) Hill Rodgers including the amendments made by this Act, Cleaver Harman Matheson Conaway Hinchey McNerney may be used— Clyburn Hastert Matsui Conyers Hinojosa McNulty (1) to lobby or retain a lobbyist for the pur- Coble Hastings (FL) McCarthy (CA) Cooper Hirono Meehan pose of influencing a Federal, State, or local Cohen Hastings (WA) McCarthy (NY) Costa Hobson Meek (FL) Cole (OK) Hayes McCollum (MN) Costello Hodes Meeks (NY) governmental entity or officer; or Conyers Heller McCotter Courtney Hoekstra Melancon (2) to pay for expenses related to the mem- Cooper Herseth McCrery Cramer Holden Mica bership of any individual or entity in an or- Costa Higgins McDermott Crenshaw Holt Michaud ganization or association. Costello Hill McGovern Crowley Honda Millender- Courtney Hinchey McHugh Cuellar Hooley McDonald The SPEAKER pro tempore. The Cramer Hinojosa McIntyre Culberson Hoyer Miller (FL) question is on the amendment. Crenshaw Hirono McKeon Cummings Hulshof Miller (MI) The amendment was agreed to. Crowley Hobson McMorris Davis (AL) Hunter Miller (NC) The SPEAKER pro tempore. The Cuellar Hodes Rodgers Davis (CA) Inglis (SC) Miller, Gary Cummings Hoekstra McNerney Davis (IL) Inslee Miller, George question is on the engrossment and Davis (AL) Holden McNulty Davis (KY) Israel Mitchell third reading of the bill. Davis (CA) Holt Meehan

VerDate Aug 31 2005 03:52 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.042 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2265 Meek (FL) Regula Space CHARLIE W. NORWOOD LIVING Lampson Neal (MA) Shea-Porter Meeks (NY) Rehberg Spratt ORGAN DONATION ACT Langevin Neugebauer Sherman Melancon Reichert Stark Lantos Nunes Shimkus Mica Renzi Stupak The SPEAKER pro tempore. The un- Larsen (WA) Oberstar Shuler Michaud Reyes Sutton Latham Obey Shuster Millender- Reynolds Tanner finished business is the question of sus- LaTourette Olver Simpson McDonald Rodriguez Tauscher pending the rules and passing the bill, Lee Ortiz Sires Miller (MI) Rogers (AL) Taylor H.R. 710, as amended. Levin Pallone Skelton Miller (NC) Rogers (KY) Lewis (CA) Pascrell Slaughter Terry The Clerk read the title of the bill. Miller, Gary Rogers (MI) Thompson (CA) Lewis (GA) Pastor Smith (NE) Miller, George Rohrabacher Thompson (MS) The SPEAKER pro tempore. The Lewis (KY) Paul Smith (NJ) Mitchell Ros-Lehtinen Tiahrt question is on the motion offered by Linder Payne Smith (TX) Mollohan Roskam Tiberi the gentleman from Washington (Mr. Lipinski Pearce Smith (WA) Moore (KS) Ross Tierney LoBiondo Pence Snyder NSLEE Moore (WI) Rothman Towns I ) that the House suspend the Loebsack Perlmutter Solis Moran (VA) Roybal-Allard Turner rules and pass the bill, H.R. 710, as Lofgren, Zoe Peterson (MN) Souder Murphy (CT) Ruppersberger Lowey Peterson (PA) Space Udall (CO) amended, on which the yeas and nays Murphy, Patrick Rush Lucas Petri Spratt Udall (NM) Murphy, Tim Ryan (OH) are ordered. Lungren, Daniel Pickering Stark Upton Murtha Salazar E. Pitts Stearns Van Hollen This will be a 5-minute vote. Myrick Sa´ nchez, Linda Mack Platts Stupak Vela´ zquez Nadler T. The vote was taken by electronic de- Mahoney (FL) Poe Sullivan Napolitano Sanchez, Loretta Visclosky vice, and there were—yeas 422, nays 0, Maloney (NY) Porter Sutton Neal (MA) Sarbanes Walberg not voting 11, as follows: Manzullo Price (GA) Tancredo Nunes Saxton Walden (OR) Marchant Price (NC) Tanner Oberstar Schakowsky Walsh (NY) [Roll No. 126] Markey Pryce (OH) Tauscher Walz (MN) Obey Schiff YEAS—422 Marshall Putnam Taylor Olver Schmidt Wamp Matheson Radanovich Terry Ortiz Schwartz Wasserman Ackerman Clyburn Gonzalez Matsui Rahall Thompson (CA) Pallone Scott (GA) Schultz Aderholt Coble Goode McCarthy (CA) Ramstad Thompson (MS) Pascrell Scott (VA) Waters Akin Cohen Goodlatte McCarthy (NY) Rangel Thornberry Pastor Serrano Watson Alexander Cole (OK) Gordon McCaul (TX) Regula Tiahrt Payne Sestak Watt Allen Conaway Granger McCollum (MN) Rehberg Tiberi Pearce Shays Waxman Altmire Conyers Graves McCotter Reichert Tierney Perlmutter Shea-Porter Weiner Andrews Cooper Green, Al McCrery Renzi Towns Peterson (MN) Sherman Welch (VT) Arcuri Costa Green, Gene McDermott Reyes Turner Peterson (PA) Shimkus Weller Baca Costello Grijalva McGovern Reynolds Udall (CO) Petri Shuler Wexler Bachmann Courtney Gutierrez McHenry Rodriguez Udall (NM) Pickering Shuster Whitfield Bachus Cramer Hall (NY) McHugh Rogers (AL) Upton Platts Simpson Wicker Baird Crenshaw Hall (TX) McIntyre Rogers (KY) Van Hollen Poe Sires Wilson (NM) Baker Crowley Hare McKeon Rogers (MI) Vela´ zquez Pomeroy Skelton Wilson (OH) Baldwin Cuellar Harman McMorris Rohrabacher Visclosky Porter Slaughter Wilson (SC) Barrett (SC) Culberson Hastert Rodgers Ros-Lehtinen Walberg Price (NC) Smith (NE) Wolf Barrow Cummings Hastings (FL) McNerney Roskam Walden (OR) Pryce (OH) Smith (NJ) Woolsey Bartlett (MD) Davis (AL) Hastings (WA) McNulty Ross Walsh (NY) Putnam Smith (TX) Wu Barton (TX) Davis (CA) Hayes Meehan Rothman Walz (MN) Radanovich Smith (WA) Wynn Bean Davis (IL) Heller Meek (FL) Roybal-Allard Wamp Rahall Snyder Yarmuth Becerra Davis (KY) Hensarling Meeks (NY) Royce Wasserman Ramstad Solis Young (AK) Berkley Davis, David Herger Melancon Ruppersberger Schultz Rangel Souder Young (FL) Berman Davis, Lincoln Herseth Mica Rush Waters Berry Davis, Tom Higgins Michaud Ryan (OH) Watson NAYS—58 Biggert Deal (GA) Hill Millender- Ryan (WI) Watt Bilbray DeFazio Hinchey McDonald Salazar Waxman Akin Garrett (NJ) Musgrave Bilirakis DeGette Hinojosa Miller (FL) Sali Weiner Barrett (SC) Gingrey Neugebauer Bishop (GA) Delahunt Hirono Miller (MI) Sa´ nchez, Linda Welch (VT) Bartlett (MD) Goode Paul Bishop (NY) Dent Hobson Miller (NC) T. Weldon (FL) Barton (TX) Hall (TX) Pence Bishop (UT) Diaz-Balart, L. Hodes Miller, Gary Sanchez, Loretta Weller Biggert Hensarling Pitts Blackburn Diaz-Balart, M. Hoekstra Mitchell Sarbanes Westmoreland Bilbray Herger Price (GA) Blumenauer Dicks Holden Mollohan Saxton Wexler Bishop (UT) Inglis (SC) Royce Blunt Dingell Holt Moore (KS) Schakowsky Whitfield Blackburn Issa Ryan (WI) Boehner Doggett Honda Moore (WI) Schiff Wicker Brady (TX) Johnson, Sam Sali Bonner Donnelly Hooley Moran (KS) Schmidt Wilson (NM) Burgess Jordan Sensenbrenner Boozman Doolittle Hoyer Moran (VA) Schwartz Wilson (OH) Campbell (CA) King (IA) Sessions Boren Doyle Hulshof Murphy (CT) Scott (GA) Wilson (SC) Cannon Kingston Boswell Drake Hunter Murphy, Patrick Scott (VA) Wolf Carter Lamborn Shadegg Boucher Dreier Inglis (SC) Murphy, Tim Sensenbrenner Woolsey Conaway Linder Stearns Boustany Duncan Inslee Murtha Serrano Wu Culberson Mack Sullivan Boyd (FL) Edwards Israel Musgrave Sessions Wynn Deal (GA) Marchant Tancredo Boyda (KS) Ehlers Issa Myrick Sestak Yarmuth Feeney McCaul (TX) Thornberry Brady (PA) Ellison Jackson (IL) Nadler Shadegg Young (AK) Flake McHenry Weldon (FL) Brady (TX) Ellsworth Jackson-Lee Napolitano Shays Young (FL) Foxx Miller (FL) Westmoreland Braley (IA) Emanuel (TX) Franks (AZ) Moran (KS) Brown (SC) Emerson Jefferson NOT VOTING—11 Brown, Corrine Engel Jindal Abercrombie Davis, Jo Ann Lynch NOT VOTING—8 Brown-Waite, English (PA) Johnson (GA) Bono DeLauro Miller, George Ginny Eshoo Johnson (IL) Abercrombie Cubin Fattah Camp (MI) Fattah Pomeroy Buchanan Etheridge Johnson, E. B. Bono Davis, Jo Ann Larson (CT) Cubin Larson (CT) Camp (MI) DeLauro Burgess Everett Johnson, Sam Burton (IN) Fallin Jones (NC) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Butterfield Farr Jones (OH) ANNOUNCEMENT BY THE SPEAKER PRO Buyer Feeney Jordan The SPEAKER pro tempore (during TEMPORE. Calvert Ferguson Kagen the vote). Members are advised 2 min- The SPEAKER pro tempore (during Campbell (CA) Filner Kanjorski utes remain in this vote. Cannon Flake Kaptur the vote). Two minutes remain in this Cantor Forbes Keller b 1728 vote. Capito Fortenberry Kennedy Capps Fossella Kildee So (two-thirds being in the affirma- Capuano Foxx Kilpatrick tive) the rules were suspended and the b 1720 Cardoza Frank (MA) Kind Carnahan Franks (AZ) King (IA) bill, as amended, was passed. Mr. GARRETT of New Jersey Carney Frelinghuysen King (NY) The result of the vote was announced changed his vote from ‘‘yea’’ to ‘‘nay.’’ Carson Gallegly Kingston as above recorded. Carter Garrett (NJ) Kirk The title of the bill was amended so So the bill was passed. Castle Gerlach Klein (FL) Castor Giffords Kline (MN) as to read: ‘‘A bill to amend the Na- The result of the vote was announced Chabot Gilchrest Knollenberg tional Organ Transplant Act to provide as above recorded. Chandler Gillibrand Kucinich that criminal penalties do not apply to Clarke Gillmor Kuhl (NY) A motion to reconsider was laid on Clay Gingrey LaHood paired donations of human kidneys, the table. Cleaver Gohmert Lamborn and for other purposes.’’.

VerDate Aug 31 2005 03:52 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A07MR7.017 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2266 CONGRESSIONAL RECORD — HOUSE March 7, 2007 A motion to reconsider was laid on COUEY GUILTY VERDICTS PEACHCARE the table. (Ms. GINNY BROWN-WAITE of Flor- (Mr. JOHNSON of Georgia asked and f ida asked and was given permission to was given permission to address the PERSONAL EXPLANATION address the House for 1 minute and to House for 1 minute.) Mr. JOHNSON of Georgia. Mr. Speak- Mr. LARSON of Connecticut. Mr. Speaker, I revise and extend her remarks.) er, today, I rise again to address the would like to submit this statement for the Ms. GINNY BROWN-WAITE of Flor- impending crisis threatening Georgia’s RECORD and regret that I could not be present ida. Mr. Speaker, earlier this after- PeachCare program. today, Wednesday, March 7, 2007 to vote on noon, justice was finally rendered in In just 4 days, no new children will be rollcall vote Nos. 123, 124, 125 and 126 due the guilty verdicts in the kidnapping, permitted to enroll. The program will to a family medical matter. assault, rape and murder of Jessica have a $131 million shortfall, and nei- Had I been present, I would have voted: Lunsford. Jessica’s family lives in my ther the State of Georgia nor the Con- ‘‘Nay’’ on rollcall vote No. 123 on an amend- district, and the Nation’s sympathy gress will have acted to save ment to H.R. 569 to prohibit the bill’s author- certainly went out to the Lunsford PeachCare. ization levels or other provisions from taking family when Jessica went missing. As Members of Congress, it is hard to effect if they would result in costs to the fed- Today’s verdict obviously is one that imagine our children being uninsured, eral government; we hope that if Mr. Couey has a con- yet thousands of children in Georgia ‘‘Aye’’ on rollcall vote No. 124 on the motion science that he will not appeal this de- face that harsh reality every day. That to recommit H.R. 569 with instructions; cision. However, Americans must real- is unacceptable. No child should be ‘‘Aye’’ on rollcall vote No. 125 on passage ize that John Couey is one of thousands without health care. of H.R. 569, the Water Quality Investment Act; of sexual predators around the Nation. Congress and the State of Georgia ‘‘Aye’’ on rollcall vote No. 126 on the sus- It is very sad, but parents in every owe it to these children to ensure that pension of the rules and passage of H.R. 710, neighborhood and community should the PeachCare program survives. the Charlie W. Norwood Living Organ Dona- remain vigilant in protecting their tion Act. children from strangers. f f Certainly our hearts and prayers go REPORT ON RESOLUTION PRO- out to Mark, Archie and Ruth Lunsford. I hope that the guilty verdict PRESIDENT SHOULD NOT PARDON VIDING FOR CONSIDERATION OF LIBBY H. RES. 202, PROVIDING FOR EX- today provides some closure for the PENSES OF CERTAIN COMMIT- family and that they feel that justice (Mr. ELLISON asked and was given TEES OF HOUSE OF REPRESENT- has been served. permission to address the House for 1 ATIVES IN 110TH CONGRESS We must also remember that Jessica minute.) Lunsford was the emphasis behind the Mr. ELLISON. Mr. Speaker, yester- Mr. ARCURI, from the Committee on day a jury here in Washington con- Rules, submitted a privileged report Jessica Lunsford Act, which was signed into law. victed Scooter Libby, the Vice Presi- (Rept. No. 110–34) on the resolution (H. dent’s former chief of staff, of obstruc- Res. 219) providing for consideration of f tion of justice, giving false statements the resolution (H. Res. 202) providing to the FBI and perjury. Libby’s attor- for the expenses of certain committees neys say they will appeal. Meanwhile, TWO-STATE SOLUTION IN THE of the House of Representatives in the the White House remains silent about MIDDLE EAST One Hundred Tenth Congress, which whether or not the President will par- was referred to the House Calendar and (Mr. ENGEL asked and was given don Mr. Libby. ordered to be printed. permission to address the House for 1 From the very beginning, this case f minute and to revise and extend his re- has been about more than just Libby’s PERSONAL EXPLANATION marks.) attempts to lie to a Federal prosecutor. Ms. JACKSON-LEE of Texas. Mr. Mr. ENGEL. Mr. Speaker, we had the As egregious as that is, and Mr. Libby Speaker, on Monday, March 5, and honor of listening to King Abdullah of should be punished for it, perhaps even Tuesday, March 6, I was detained be- Jordan and his speech before. I must be worse are the revelations that came cause of my representation of the candid and say that I was somewhat out during this trial of how the Bush United States House of Representatives disappointed in some of the things that administration operated when it came at a commemoration commemorating he mentioned. to issues of national security. the 50th year of independence of the When he talked about the plan in Ri- Testimony from Libby’s trial shows nation-state of Ghana. yadh for two states living side by side, the great lengths the Bush administra- If I had been present, on rollcall No. we all, of course, hope for that, but the tion was willing to go to silence oppo- 122, H. Res. 140, supporting the goals of plan in Riyadh forces Israel to go back nents of the war. In the case of Valerie International Women’s Day, I would to the 1967 borders, which are indefen- Plame, the administration was more have voted ‘‘yea’’; on rollcall No. 121, sible and is really a nonstarter. than willing to out an intelligence op- H. Res. 89, honoring the life and If the Palestinians really want peace erative. It did not matter that they achievements of the late Dr. John in the region, then they know what may have been jeopardizing her life or Garang de Mabior, I would have voted they have to do. They need to do three the lives of other intelligence agents ‘‘yea’’; rollcall vote No. 120, H.R. 497, things, and the Hamas government that she may have been working with. the Brigadier General Francis Marion needs to do three things. They need to All the administration cared about was Memorial Act, I would have voted recognize the right of Israel to exist, silencing a critic of the war. ‘‘yea’’; and rollcall No. 119, to amend they need to abide by all previous President Bush should realize how se- Public Law to extend the authorization agreements signed by the Palestinians, rious this case is and should state for for establishing a memorial in the Dis- and they need to renounce terror and the record today that he will not par- trict of Columbia to honor veterans violence. don Mr. Libby. who served in the Armed Forces, I I would have liked the King to have f would have voted ‘‘yea.’’ said that. I think that would have been f most hopeful, but it is important that SPECIAL ORDERS b 1730 all of us that want peace in the Middle East work to the ultimate solution, The SPEAKER pro tempore. Under ANNOUNCEMENT BY THE SPEAKER which is two states in peace, living side the Speaker’s announced policy of Jan- PRO TEMPORE by side, an Arab Palestinian state and uary 18, 2007, and under a previous The SPEAKER pro tempore (Mr. Jewish Israeli state, and it can only order of the House, the following Mem- MATHESON). The Chair will entertain 1- happen if the Arabs recognize Israel’s bers will be recognized for 5 minutes minute requests. right to exist. each.

VerDate Aug 31 2005 03:52 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.048 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2267 OPPOSITION TO EXPANDED sion on Mexican Trucks Promotes anese completely by surprise, carrying MEXICAN TRUCKING IN THE U.S. Era.’’ People are upset and mad. I want troops, airborne engineers and equip- The SPEAKER pro tempore. Under a to read just very briefly, ‘‘The news ment by night. They seized and pre- previous order of the House, the gen- that Mexican trucks will be allowed to pared landing strips for forthcoming tleman from North Carolina (Mr. haul freight deep into the United transport planes and evacuated the JONES) is recognized for 5 minutes. States drew angry reaction Friday wounded. The glider pilots accom- Mr. JONES of North Carolina. Mr. from labor leaders, safety advocates plished this feat in 2 hours, completing Speaker, in just a matter of weeks, and Members of Congress.’’ They said, a mission that would have taken 2 thousands of Mexican trucks will ‘‘Mexico has substandard trucks and months by ambulance. stream across America’s southern bor- low-paid drivers that will threaten na- Perhaps the most famous mission of der and pour onto U.S. highways tional security, cost thousands of jobs the glider pilots was the Battle of Nor- throughout the country. and endanger motorists on the north- mandy. On D–Day the glider pilots par- The U.S. Department of Transpor- ern side of the Mexican border.’’ ticipated in the largest combined air- tation has given 100 Mexican trucking Mr. Speaker, I hope that the people borne and seaborne invasion in history. companies the green light to unleash of this great Nation will listen to these They carried troops of the 82nd and an unlimited number of trucks onto discussions and debates by my col- 101st Airborne Division and their the highways of America as part of a 1- leagues on both sides of the aisle, be- equipment to landing areas behind year pilot program. cause if we are concerned about na- enemy lines. Their work helped to se- Right now, Mexican trucks are only tional security, we should not allow cure victory in World War II. permitted to travel inside a 25-mile these trucks to have free access to the Mr. Speaker, each year we lose more commercial zone along the U.S. border, roads of the American people. and more of these courageous veterans. but, soon, thousands of Mexican trucks f I believe Congress must recognize their accomplishments for the future genera- will have full access to all the Nation’s The SPEAKER pro tempore. Under a tions of our veterans. That is why I roads. previous order of the House, the gen- have introduced House Concurrent Res- Allowing low-paid drivers and sub- tleman from New Jersey (Mr. PALLONE) olution 42. This bill recognizes the glid- standard trucks to travel our Nation’s is recognized for 5 minutes. er pilots and the many troops who put roads will endanger the safety of Amer- (Mr. PALLONE addressed the House. their lives on the line to defend the ican citizens. It will cost thousands of His remarks will appear hereafter in ideas and the freedoms of our country. American jobs. the Extensions of Remarks.) As an extension of NAFTA, this pro- All of our glider missions were success- gram is just another example of U.S. f ful. Unfortunately, casualties were suf- trade policies that fail American work- GLIDER PILOTS OF WORLD WAR II fered. ers. Before NAFTA, our Nation ran a On March 20, ‘‘Silent Wings,’’ a docu- The SPEAKER pro tempore. Under a trade surplus with Mexico. Now, the mentary on these great pilots, will be previous order of the House, the gentle- U.S. runs a $65 billion annual trade def- released. The documentary features woman from New York (Mrs. MCCAR- icit with Mexico. The U.S. has lost 3 interviews with glider pilots, Members THY) is recognized for 5 minutes. million manufacturing jobs in just the of Congress and media icons. I will be Mrs. MCCARTHY of New York. Mr. past 6 years. sponsoring a viewing of this powerful Speaker, I rise today to honor the glid- Launching this pilot program in the film on the evening of March 20. er pilots of World War II. name of free trade is just one more ex- I hope you will all join me to com- Glider planes were lightweight air- ample of how our government con- memorate these veterans. We must all craft without engines that were used to tinues to give away American jobs. remember and teach future generations drop supplies and reinforcement per- This program will not only hurt the about the sacrifices that glider pilots sonnel for troops and surveillance. economy but will put our national se- and all veterans made for our country. They were very efficient, because they curity at risk. I urge my colleagues to support the The Department of Transportation made no noise and could fly into the glider pilots and cosponsor H. Con. Res. claims that all of these Mexican trucks enemy areas undetected. 42. The gliders would be towed by larger will be inspected by U.S. officials in f planes in order to take off, but then Mexico and at the border, but, Mr. TOUGHER BORDER CONTROL POLI- Speaker, less than 10 percent of all would fly and land on their own. The glider pilots flew dangerous missions CIES WILL HELP REDUCE CRIME Mexican trucks entering the commer- IN THE UNITED STATES cial zone are inspected now, only 10 and were constantly at risk for being percent. The U.S. cannot afford to send shot down. Glider pilots were instru- The SPEAKER pro tempore. Under a inspectors to Mexico when only a frac- mental in the invasion of Normandy on previous order of the House, the gentle- tion of the hundreds of thousands of D–Day, despite the fact that pilots had woman from Florida (Ms. GINNY U.S. truck companies are inspected to improvise on landings, since no BROWN-WAITE) is recognized for 5 min- each year. known landing strips were known to be utes. With no guaranteed way to inspect behind enemy lines. Ms. GINNY BROWN-WAITE of Flor- the cargo of each and every truck, this Later in the war, the Germans would ida. Mr. Speaker, I rise today to dis- program could easily aid terrorist ac- plant wooden poles in open fields to cuss the sorry State of our Nation’s tivities, the entry of illegal drugs and prevent glider pilots from landing. The borders. As we have read in the news- illegal human smuggling. U.S. Army Air Forces began training papers every day, we have an estimated Mr. Speaker, for the sake of appeas- glider pilots in 1942. The program 12 to 15 million people living illegally ing Mexico, our government is not pro- quickly grew during the war. Eventu- in the United States. tecting the national security of this ally, over 6,500 men were trained to be Now, I understand that this is a divi- country and the future of our economy. glider pilots. sive issue for many people, even for This program does nothing but endan- Throughout World War II, the glider some in this body. I, myself, under- ger the safety of American citizens, pilots flew eight successful missions. stand the needs of Florida’s citrus and it is unacceptable. The glider pilots’ first mission oc- growers and sugar cane farmers to have I hope the American people will con- curred on July 19, 1942, Operation a reliable source of agricultural work- tinue to contact this administration to Husky, which was called for the glider ers. But as my constituents tell me all tell them of their outrage and dis- pilots to carry British airborne troops the time, what part of illegal doesn’t appointment. into Sicily. Despite the heavy casual- Congress understand? ties from landing at the sea, the glider I know that we need a guest worker b 1740 pilots completed their mission. program, but not one that includes am- Mr. Speaker, before I close, this is In March of 1944, the glider pilots nesty or a pathway to citizenship, as from a heading in an eastern North completed Operation Broadway in some have called it. A guest worker Carolina paper that says, ‘‘Bush Deci- Burma. The glider pilots took the Jap- program should be just that, a program

VerDate Aug 31 2005 03:52 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.051 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2268 CONGRESSIONAL RECORD — HOUSE March 7, 2007 where migrant workers are guests in Senate is taking its open path, a path The second bill I introduce today our country and return home when towards amnesty. My constituents in would create a Star Spangled Banner their visa expires. and the constituents of many in this and War of 1812 Bicentennial Commis- Unfortunately, that is not what hap- Chamber believe that that is abso- sion to plan and coordinate the bicen- pens today. We have hundreds of thou- lutely the wrong path to take. Ameri- tennial celebration of the War of 1812 sands of people sneaking across our cans deserve real security and real re- and the composition of our National borders every day. We don’t know who sults. Anthem. The Commission would be they are, where they are headed or With other like-minded Members of made up of citizens from States that what their intentions are. Congress, I will work to pass legisla- the National Park Service has deter- Some of those on the other side of tion that keeps illegal kidnappers and mined to be the most historically sig- the aisle make the argument that the illegal aliens like Beltran-Moreno off nificant, as well as National Park Serv- people sneaking across our borders are our streets and away from our chil- ice officials, historical experts and just good honest people looking to dren. other individuals selected by congres- make a better life for themselves. That f sional leadership. may indeed be the case for some. But The SPEAKER pro tempore. Under a With the bicentennial of the War of in a post-9/11 world, we can’t take that previous order of the House, the gentle- 1812 quickly approaching, we should chance. Many of them are common woman from Nevada (Ms. BERKLEY) is move swiftly to approve this measure crooks, low-level thugs, brutal gang recognized for 5 minutes. and enable the Commission to plan a members, drug dealers, murderers, rap- (Ms. BERKLEY addressed the House. suitable bicentennial celebration. ists or kidnappers or serial killers. Her remarks will appear hereafter in Mr. Speaker, the War of 1812 was a One example recently in Florida took the Extensions of Remarks.) seminal moment in American history. place with the brazen abduction of a Many refer to it as the ‘‘second war of f young man by the name of Clay Moore independence.’’ When the war began, in Manatee county, which is just out- THE STAR-SPANGLED BANNER NA- our fragile experiment in democracy side of my congressional district. Thir- TIONAL HISTORIC TRAIL AND was still in its early stages, and the teen year-old Clay was waiting for a THE NATIONAL COMMISSION TO Nation found itself under attack from school bus with other kids when a man PLAN AND COORDINATE THE BI- one of the most powerful countries in driving a pickup truck pulled up along- CENTENNIAL CELEBRATION OF the world. Many wondered whether de- side of them and kidnapped Clay by THE WAR OF 1812 mocracy could hold together through gun point. Law enforcement issued an The SPEAKER pro tempore. Under a the trials of war. The War of 1812 AMBER Alert and set up a concerted previous order of the House, the gen- proved that liberty and security are manhunt to find Clay and his abductor. tleman from Maryland (Mr. SARBANES) not mutually exclusive conditions and Unlike the case of Jessica Lunsford is recognized for 5 minutes. set the stage for the spread of democ- or Sarah Lunde, in this case, the story Mr. SARBANES. Mr. Speaker, I rise racy around the world. ends with good news, not a body bag. today to introduce two related bills. Mr. Speaker, just this morning I met Clay managed to escape, but not after The first would create a Star-Spangled with War of 1812 experts and historic being driven to the middle of the Banner National Historic Trail to com- preservationists from throughout the woods, duct-taped to a tree for several memorate the Chesapeake Bay Cam- State of Maryland at Fort McHenry. hours. He freed himself by using a safe- paign of the War of 1812. The second For years, these individuals have been ty pin he had hidden in his mouth to bill I am introducing would create a dedicated advocates for creating the cut the duct tape holding him to the national commission to plan and co- Star Spangled Banner Trail and Bicen- tree, and then he called home for help. ordinate the bicentennial celebration tennial Commission. This legislation Clay is a brave and resourceful young of the War of 1812. represents a culmination of their inter- man to have gotten away without The Star-Spangled Banner National ests and hard work. I am very proud to being harmed. I can only wonder if he Historic Trail would match some of the be introducing it today, and I hope my and his family watched old reruns of most important events of the War of colleagues will join with me to pass MacGyver to learn the safety pin trick. 1812. The trail commemorating the both bills during this Congress. This story ended well for Clay. But only combined naval and land attack f the bad news for America is that the on the United States begins with June The SPEAKER pro tempore. Under a alleged abductor was an illegal immi- 1814 battles between the British Navy previous order of the House, the gen- grant who had been deported once from and the American Chesapeake flotilla tleman from Idaho (Mr. SALI) is recog- the country. A news report from the in Saint Leonard’s Creek in Calvert nized for 5 minutes. Bradenton Herald even describes the County and ends at Fort McHenry in (Mr. SALI addressed the House. His problems authorities had tracking him Baltimore, where our National Anthem remarks will appear hereafter in the down. ‘‘Obtaining the warrants took was composed and the British met Extensions of Remarks.) longer than expected due to the sus- their ultimate defeat. f pected kidnapper’s multiple aliases. Beltran-Moreno is an undocumented b 1750 LANCE CORPORAL ANTHONY immigrant who at one time was de- Maryland is blessed with a multitude AGUIRRE ported from the United States,’’ they of historic and cultural attractions The SPEAKER pro tempore. Under a said. When I came down to the floor across the State. Fort McHenry is a previous order of the House, the gen- earlier, the authorities still had not classic example of this rich heritage tleman from Texas (Mr. POE) is recog- caught Beltran-Moreno. News reports and a centerpiece of the legislation I nized for 5 minutes. indicated that he was trying to make it introduce today. Francis Scott Key Mr. POE. Mr. Speaker, ‘‘I do sol- to Mexico to escape prosecution and best captured the essence of Fort emnly swear that I will support and de- punishment. McHenry in his poem written as a pris- fend the Constitution of the United Mr. Speaker, if our immigration laws oner aboard a British frigate during States against all enemies, foreign and had been enforced and if we had strong- the bombardment of the fort. The text domestic; that I will bear true faith er border security measures in place, of the poem later became our National and allegiance to the same; that I will this kidnapper would not have been in Anthem. obey the orders of the President of the America and would not have had the For decades, my family has enjoyed United States and the orders of officers opportunity to kidnap young Clay Fort McHenry’s history as well as its appointed over me according to the Moore. Instead, a dangerous criminal tremendous vistas of our beloved regulations of the Uniform Code of flees, leaving his whereabouts unknown Chesapeake Bay. Just recently, I spent Military Justice. So help me God.’’ and his motives unclear. This is unac- the morning there with my son, an Each day, new Marines take this ceptable. avid birder and budding naturalist, ex- oath to serve and protect the United The House has passed strong border ploring the wetland restoration area States and freedom-loving people. They security legislation in the past, but the that abuts the fort. live their lives by it, and they die by it.

VerDate Aug 31 2005 03:52 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.054 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2269 LCpl Anthony Aguirre dreamed his foot off the device. He gave his life so cept the dubious reasons given to jus- whole life of taking this oath and be- that other Marines could live. tify wars. coming a member of this elite fighting When this group of Marines reported b 1800 force. Anthony was from Channelview, back to their commander, they told Texas. At a young age, he knew he him that Tony had just saved their Opposition arises only when the true wanted to be a Marine. He felt so com- lives. The commander immediately costs are felt here at home. A foreign policy of interventionism pelled to serve our country that he knew they were referring to LCpl An- costs so much money that we’re forced took every opportunity to become in- thony Aguirre. to close military bases in the United volved in any military program that he Amazing men, these young guns of States even as we’re building them could find, like the Junior ROTC at the Marine Corps of today. overseas. Interventionism is never good Channelview High School. On a road called Crosby-Lynchburg fiscal policy. Interventionism symbol- When he was in the Junior ROTC, in my district, there are flags mounted izes an attitude of looking outward, to- Anthony was the company commander. along this rural road in honor of the ward empire, while diminishing the im- During his senior year in high school, brave life of Lance Corporal Aguirre. portance of maintaining a constitu- he achieved the rank of cadet captain. And as the community laid another tional republic. Many of those who were involved with one of America’s sons to rest today, We close bases here at home—some the ROTC with Anthony remember him the catalog of history is etched with want to close Walter Reed—while as a patriot. He always had a sense of another name of an extraordinary building bases in Arab and Muslim duty to this country. Even after grad- Texas hero and Marine. countries like Saudi Arabia. We worry uation, Anthony often stopped by the Lance Corporal Aguirre died as he about foreign borders while ignoring high school to proudly talk with the lived, for the Marines, for his brothers our own. We build permanent outposts Junior ROTC cadets about the Marines. in arms. in Muslim holy lands, occupy territory According to the ROTC instructor, An- Shakespeare put it best in Henry V and prop up puppet governments. This thony wanted to be a Marine because when he echoes Aguirre’s commitment motivates suicide terrorism against us. he thought it was the toughest of mili- to fellow warriors. He says, From this Our policies naturally lead to resent- tary U.S. services. day to the ending of the world, we in it ment, which in turn leads to prolonged Lance Corporal Aguirre joined the shall be remembered. We few, we happy wars and increased casualties. We United States Marine Corps 1 year few, we band of brothers; for he today waste billions of dollars in Iraq while after graduating from Channelview that sheds his blood with me shall be bases like Walter Reed fall into dis- High School and became a member of my brother. repair. This undermines our ability to the 2nd Battalion, 3rd Marine Regi- We shall remember Lance Corporal care for the thousands of wounded we ment, 3rd Marine Division, III Marine Aguirre. Semper Fi, Lance Corporal should have anticipated despite the Expeditionary Force in Hawaii. Aguirre. Semper Fi. rosy predictions that we would be His sister, Christine, said that An- And that’s just the way it is. greeted as liberators in Iraq. thony thought of doing nothing else f Now comes the outrage. with his life but being in the Marine Now Congress holds hearings. Corps. So Anthony Aguirre joined the The SPEAKER pro tempore. Under a previous order of the House, the gen- Now comes the wringing of hands. I United States Marine Corps. He served guess better late than never. tleman from California (Mr. DREIER) is our country in Iraq, but he met a war- Clean it up. Paint the walls. Make recognized for 5 minutes. rior’s fate a few days ago. This is a Walter Reed look neat and tidy. But (Mr. DREIER addressed the House. photograph of Anthony Aguirre. An- this won’t solve our problems. We must His remarks will appear hereafter in thony was killed in Iraq, and the fu- someday look critically at the short- the Extensions of Remarks.) neral for him was today. comings of our foreign policy, a policy Let me tell you a little bit about the f that needlessly and foolishly inter- funeral, Mr. Speaker. As the funeral THE SCANDAL AT WALTER REED venes in places where we have no busi- procession passed through the streets ness being. of Channelview, estimates were that The SPEAKER pro tempore. Under a Voters spoke very clearly in Novem- over 8,000 people were there from the previous order of the House, the gen- ber: They want the war to end. Yet schools, the local refineries, the fire tleman from Texas (Mr. PAUL) is recog- Congress has taken no steps to defund department and the neighborhoods. nized for 5 minutes. or end a war it never should have con- They stood on the side of the road for Mr. PAUL. Mr. Speaker, the scandal doned in the first place. miles waving American flags for this at Walter Reed is not an isolated inci- On the contrary, Congress plans to Marine. dent. It is directly related to our for- spend another $100 billion or more in Anthony Aguirre was buried today in eign policy of interventionism. There an upcoming Iraq funding bill, more Highland, Texas. The high school flag is a pressing need to reassess our now than even the administration has re- was flown at half mast in his honor, widely accepted role as the world’s lone quested. The 2007 military budget, $700 and later the flag was given to his sis- superpower. If we don’t, we are des- billion, apparently is not enough. All of ter, Christine Castillo, and his brother, tined to reduce our Nation to some- this is done under the slogan of sup- Earnesto Salinas. Tony had numerous thing far less powerful. porting the troops, even though our other siblings and cousins. It has always been politically popular policy guarantees more Americans will Now I want to tell you how he died, for politicians to promise they will die and Walter Reed will continue to Mr. Speaker. On February 26, 2007, at keep us out of foreign wars. Likewise, receive tens of thousands of casualties. the age of 20, in an act of fearless cour- it has been popular to advocate ending Every problem Congress and the ad- age, LCpl Aguirre put his life on the prolonged and painful conflicts, like ministration creates requires more line for his brothers in arms. And while the war in Korea and Vietnam, and now money to fix. The mantra remains the fighting the forces of evil in Al Anbar Iraq. same: Spend more money even though Province in Iraq, Anthony stepped on As recent as the campaign of 2000, it we don’t have it; borrow from the Chi- an improvised explosive device. IEDs, was quite popular to condemn nation nese, or just print it. This policy of as they are called, are a coward’s way building and reject the policy of polic- interventionism is folly, and it cannot of killing U.S. soldiers, women, chil- ing the world in the wake of our in- continue forever. It will end, either be- dren and the elderly. volvement in Kosovo and Somalia. We cause we wake up or because we go But he didn’t immediately jump, as were even promised a more humble for- broke. would be a reflection or a reaction for eign policy. Interventionism always leads to un- most of us. He kept his foot on the IED Nobody wins elections by promising anticipated consequences and and he told the other 20 Marines stand- to take us to war. But, once elected, blowback, like a weakened, demor- ing around him to clear the area and many politicians greatly exaggerate alized military; exploding deficits; bil- take cover. When he saw that they the threat posed by a potential enemy, lions of dollars wasted; increased infla- were out of harm’s way, he took his and the people too often carelessly ac- tion; less economic growth; an unstable

VerDate Aug 31 2005 04:54 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.059 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2270 CONGRESSIONAL RECORD — HOUSE March 7, 2007 currency; painful stock market correc- We have a $3 trillion budget, and we ficult concept or when they grasp a tions; political demagoguery; lingering are sending nearly $1 trillion to a coun- new idea. We have long understood anger at home; and confusion about try of 28 million people. that teachers truly shape the world by who is to blame. We are building an embassy in Bagh- their work, and their greatest product These elements combine to create an dad of 104 acres. This is six times larger is an educated child. environment that inevitably under- than the United Nations compound in Lately, though, the job satisfaction mines personal liberty. Virtually all New York and two-thirds the acreage that brought so many teachers into the American wars have led to diminished of Washington’s National Mall. The profession seems to have left the class- civil liberties at home. Most of our embassy compound, 21 buildings on 104 room. Unfortunately, much of this de- mistakes can be laid at the doorstep of acres, is the size of Vatican City and velopment can be attributed to No our failure to follow the Constitution. will be the largest in the world. It will Child Left Behind. The joy of teaching The Constitution, if we so desire, can employ over 5,500 people. The embassy has been replaced by the pressure-filled provide needed guidance and a road will cost over $1 billion. This is the pri- staff meetings where educators spend map to restore our liberties and change ority of this Bush administration. their time talking, not about how to our foreign policy. This is critical if we My colleagues, this war needs to help a child learn but, rather, their truly seek peace and prosperity. come to an end. The American people school’s test scores. f want the troops home. This was the b 1810 The SPEAKER pro tempore. Under a message sent loud and clear to the Morale in the education world has di- previous order of the House, the gen- Bush administration during the No- minished, and more teachers are at vember elections. Yet for some reason, tleman from Oregon (Mr. DEFAZIO) is wits end. recognized for 5 minutes. they just don’t get the message. Nearly Recently, Holly Lindsay, a teacher in 70 percent of the American people want (Mr. DEFAZIO addressed the House. Lindsborg, Kansas, told me of her frus- His remarks will appear hereafter in us out of Iraq, and 100 percent deplore tration with her profession. She writes, the Extensions of Remarks.) the treatment the administration is ‘‘I am a first-year teacher, and I am be- giving the veterans at the time of their ginning to get very discouraged. I went f most urgent need. into the teaching profession to help WALTER REED ARMY MEDICAL I will go back to Jacksonville and students learn and to encourage them CENTER apologize to this veteran. I will be able to follow their dreams. However, I am to look him in the eye and say that finding that more and more of my time The SPEAKER pro tempore. Under a this will not stand. We will make sure previous order of the House, the gentle- is spent preparing students for stand- our soldiers come back to the best care ardized tests. These tests do not pre- woman from Florida (Ms. CORRINE this great Nation can provide. pare students for any career. They only BROWN) is recognized for 5 minutes. I am reminded, in closing, of the teach students how to take a test. I am Ms. CORRINE BROWN of Florida. words of the first President of the Mr. Speaker, I rise today with an apol- very disappointed with the education United States, George Washington, system right now. With all these tests, ogy. Last week, I was in the grocery whose words are worth repeating at we don’t have time to teach. It is also store in Jacksonville, Florida. A vet- this time: very frustrating when we have to prove eran working part time told me about ‘‘The willingness with which our our abilities with countless hours to a friend who was at Walter Reed, and young people are likely to serve in any show that we are highly qualified. In he had pictures showing the problems war, no matter how justified, shall be no other profession are there such lofty that were occurring there. He walked directly proportional as to how they goals for their employees with such lit- me to the car and said that there was perceive the veterans of earlier wars tle benefit. I truly feel that the time no way he would ever vote again for a were treated and appreciated by their and effort I put into teaching is not Republican after seeing what the pic- country.’’ worth my while. No Child Left Behind tures showed. f is wonderful in theory, but impossible I couldn’t believe what he was de- to carry out. Not every child is equal scribing to me of a military facility. The SPEAKER pro tempore. Under a previous order of the House, the gen- in ability, and no teacher should be ex- And I told him, ‘‘You can’t believe ev- pected to make it so.’’ tleman from Indiana (Mr. BURTON) is erything that you see on the Internet.’’ The number of teachers leaving the recognized for 5 minutes. The next day, the very next day, the profession is exceeding the number of (Mr. BURTON of Indiana addressed story was in the Washington Post. I am teachers entering the profession by 23 going back to that grocery store to the House. His remarks will appear percent. With over 25 percent of our personally apologize to that veteran. hereafter in the Extensions of Re- teaching force eligible to retire within The fact that an active duty soldier marks.) the next 10 years, this young educator’s was treated this way is inconceivable. f thoughts should be a warning. Teach- I did not vote for this war. The mili- ers that have been career educators are tary is doing the job they were sent to THE REALITY OF A MODERN DAY SCHOOL TEACHER bailing out as soon as they can because do. There was a flaw in the mission they do not want to deal with the un- from the beginning, and the flaw lies The SPEAKER pro tempore. Under a necessary red tape and the growing with us. American soldiers have per- previous order of the House, the gen- pressures that are being placed upon formed admirably under trying condi- tleman from Kansas (Mr. MORAN) is them. tions, conditions they were not trained recognized for 5 minutes. Another staggering fact is that one- for and conditions they should not be Mr. MORAN of Kansas. Mr. Speaker, third of new teachers quit the edu- in. We won the war but lost the occupa- when the question is asked, other than cation profession within the first 3 tion. Our soldiers deserve better when a family member, name one person who years of teaching. In my rural Kansas they get back. has made a difference in your life, the district, if we have to shut the doors on We can send 484 tons of money, $12 most often answered response is that of rural schools it will not be because of billion, to Iraq for who knows what, a favorite teacher. This simple re- lack of students, it will be because we but when it comes to the well-being of sponse speaks volumes about the influ- cannot find the teachers to fill the those soldiers, there is no money. Ac- ence that an educator has on the lives teaching vacancies. cording to the VA, it will cost $1.7 bil- of a young person and the future of our Congress must be sensitive to the re- lion to include all veterans in the VA Nation. sponsibility we hold in making edu- health care system. The education profession has long cators want to walk out of the class- What are the priorities of this admin- been known for inadequate pay but a room and never look back. Congress istration? There are all kinds of jus- high job satisfaction. Teachers have needs to look closely at our role and tifications, all kinds of sanctimony, been willing to forfeit material gain for the trends and make sure that we are frightening the American people into the joy of seeing the eyes of their stu- not encouraging this situation by con- supporting a $600 billion war in Iraq. dents light up when they discover a dif- tinuing to overregulate the classroom.

VerDate Aug 31 2005 03:52 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.062 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2271 We need to strive for improvements in very popular Don McNeil’s Breakfast make the federal government a partner with our education system, but we must Club early morning radio show. I don’t states and localities in the vitally important make sure that we are not legislating think that most of the members of this work of educating the people of America, from accountability simply for the sake of a body would remember that show, but I pre-kindergarten to post-graduate school. It sound bite. We must not take the joy remember listening to it as a child as I makes perfect sense, therefore, to name the and passion out of this noble profession was getting ready for school. headquarters building of the U.S. Department by requiring things that are simply not Following the show in 1962, after the of Education in his honor. possible. sudden death of her husband, Frank, Mr. Speaker, Lyndon Baines Johnson was This year, Congress is set to examine after he had won a primary and before one of the leading figures of the 20th century. No Child Left Behind and potentially the general election, Charlotte Reid This teacher who became a president served reauthorize it. While I voted against was asked to step in and take his place his country in numerous, distinguished ways, this law, I voted against No Child Left for a seat as representative in the U.S. including as Lt. Commander in the U.S. Navy Behind, I look forward to being in- Congress for the 15th District of Illi- during World War II, as a Member of both volved in the upcoming discussions nois. Renowned for her hard work, houses of Congress, as Vice President of the about how we reform and change the gentle charm and integrity, Charlotte United States, and as the 36th President of education system. My hope is that we Reid won the election and went on to the United States. will look closely at the unintended re- serve almost five distinguished terms Lyndon Baines Johnson was born on Au- alities that so many of our teachers in the House of Representatives. She gust 27, 1908, in Stonewall, Texas. In 1927, face and will be willing to make the was known for hosting events of sing- he enrolled in Southwest Texas State Teach- changes necessary to provide the poli- ing and music at her Washington, D.C., ers College at San Marcos, Texas (Texas cies that will help them succeed as home after hours. Legend is that she State University–San Marcos). He took a they go about the business of educating probably was the first woman to appear leave of absence for a year to serve as prin- our greatest asset, our young people, on the House floor in a pantsuit, an cipal and teach fifth, sixth, and seventh grades and fulfilling the jobs they so love. event that was noted by the minority at Welhausen School, a Mexican-American leader Gerald Ford that day. school in the South Texas town of Cotulla. He f At a time when only a dozen women graduated with a Bachelor of Science degree The SPEAKER pro tempore. Under a had a voice in the Chamber, Charlotte, in August 1930. After graduation he taught at previous order of the House, the gentle- or ‘‘Charlie’’ as she was known to her Pearsall High School in Pearsall, Texas, and woman from California (Ms. WOOLSEY) friends, inspired not just me but an en- taught public speaking at Sam Houston High is recognized for 5 minutes. tire generation of women to take lead- School in Houston, Texas. In the spring of (Ms. WOOLSEY addressed the House. ership roles in our communities. 1931, his debate team won the district cham- Her remarks will appear hereafter in Following her time in Congress, pionship. Charlotte continued to serve her coun- the Extensions of Remarks.) In a special election in 1937, Johnson won try in many different capacities, in- f the U.S. House of Representatives seat rep- cluding as a member of the Federal The SPEAKER pro tempore. Under a resenting the 10th Congressional District of Communications Commission, she had previous order of the House, the gentle- Texas, defeating nine other candidates. He been appointed by President Nixon; the woman from District of Columbia (Ms. was re-elected to a full term in the 76th Con- Board of Defense Advisory Committee NORTON) is recognized for 5 minutes. gress and to each succeeding Congress until on Women in the Services; and the 1948. (Ms. NORTON addressed the House. Presidential Task Force on Inter- After the bombing of Pearl Harbor on De- Her remarks will appear hereafter in national Private Enterprise. the Extensions of Remarks.) Mr. Speaker, it is my distinct honor cember 7, 1941, Johnson became the first Member of Congress to volunteer for active f to take this opportunity to celebrate duty in the armed forces (U.S. Navy), report- The SPEAKER pro tempore. Under a the legacy of one of Illinois’ most ven- ing for active duty on December 9, 1941. previous order of the House, the gen- erable daughters. And to her family, I Johnson received the Silver Star from Gen. tleman from Texas (Mr. GOHMERT) is offer my heartfelt condolences and my Douglas MacArthur for gallantry in action dur- recognized for 5 minutes. prayers, especially her three children, ing an aerial combat mission over hostile posi- (Mr. GOHMERT addressed the House. including my good friend and former tions in New Guinea on June 9, 1942. Presi- His remarks will appear hereafter in colleague in the Illinois General As- dent Roosevelt ordered all Members of Con- the Extensions of Remarks.) sembly, State Representative Patricia Reid Lindner, her daughter, as well as gress in the armed forces to return to their of- f her eight grandchildren and 13 great fices, and Johnson was released from active MOURNING THE PASSING OF grandchildren. duty on July 16, 1942. In 1948, after a campaign in which he trav- FORMER ILLINOIS CONGRESS- f eled by ‘‘newfangled’’ helicopter all over the WOMAN CHARLOTTE THOMPSON TRIBUTE TO LYNDON BAINES state, Johnson won the primary by 87 votes REID JOHNSON, 36TH PRESIDENT OF and earned the nickname ‘‘Landslide Lyndon’’, The SPEAKER pro tempore. Under a THE UNITED STATES and in the general election was elected to the previous order of the House, the gentle- The SPEAKER pro tempore. Under a U.S. Senate. He was elected Minority Leader woman from Illinois (Mrs. BIGGERT) is previous order of the House, the gentle- of the Senate in 1953 and Majority Leader in recognized for 5 minutes. woman from Texas (Ms. JACKSON-LEE) 1955. He served in the U.S. Senate until he Mrs. BIGGERT. Mr. Speaker, I rise is recognized for 5 minutes. resigned to become Vice President in January today to honor the memory of a former Ms. JACKSON-LEE of Texas. Mr. Speaker, 1961. member of this body and one of my per- as a proud Texan, I rise today to pay tribute Lyndon Johnson became the 36th President sonal role models, the distinguished to Lyndon Baines Johnson, the 36th President of the United States on November 22, 1963, gentlewoman from Illinois, Congress- of the United States and the greatest ‘‘Edu- after the assassination of President John F. woman Charlotte Thompson Reid, who cation President’’ in the history of our Nation. Kennedy. passed away on January 25, 2007. It is no exaggeration to say, Mr. Speaker, During his administration, education was At the age of 93, Charlotte Reid that Lyndon Baines Johnson’s record of ex- one of the many areas where President John- leaves behind an extraordinary legacy tending the benefits of education to all Ameri- son blazed new ground. He pursued numer- of faithful public service that will be cans in every region of the country, of every ous education initiatives, and signed many remembered always by the people of Il- race and gender, irrespective of economic landmark education bills into law. linois, and especially by those in her class or family background, remains unsur- In 1963, President Johnson approved the beloved hometown of Aurora. passed. Lyndon Johnson recognized that the Higher Education Facilities Act (P.L. 88–204) As a young lady, Charlotte Reid at- educated citizenry is a nation’s greatest eco- which authorized a five-year program of fed- tended Illinois College in Jacksonville nomic asset and most powerful guardian of its eral grants and loans for construction or im- and began her career as a professional political liberties. provement of public and private higher edu- singer on NBC radio. She was a singer Mr. Speaker, Lyndon Johnson did more cation academic facilities. This legislation was under the name of Annette King on the than any single American, living or dead, to the largest education program enacted by

VerDate Aug 31 2005 04:54 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 9920 E:\CR\FM\K07MR7.067 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2272 CONGRESSIONAL RECORD — HOUSE March 7, 2007 Congress since the National Defense Edu- ious levels of government; public service pro- THE UNITED STATES OF THE 21ST cation Act of 1958, and it was the first broad grams included an academic publishing pro- CENTURY education bill enacted in the post-World War II gram as well as workshops for government of- The SPEAKER pro tempore. Under period that was not tied to national defense. ficials. This blend of the academic and the the Speaker’s announced policy of Jan- In 1964, Johnson signed the Library Serv- practical remains the distinguishing char- uary 18, 2007, the gentleman from Illi- ices Act (P.L. 88–269) to make high quality acteristic of the LBJ School and this highly ef- nois (Mr. KIRK) is recognized for 60 public libraries more accessible to both urban fective approach to training for public service minutes as the designee of the minor- and rural residents. The funds made available is today an accepted model for public affairs ity leader. under this Act were used to construct as well graduate programs across the country. Mr. KIRK. Mr. Speaker, as we take as operate libraries, and to extend this pro- Mr. Speaker, Lyndon Baines Johnson, who up the agenda of the new Congress in gram to cities as well as rural areas. Later that died January 22, 1973, will be remembered the 110th iteration, we should look to year, President Johnson signed the Civil not only as a great President and Member of new issues which address the needs of Rights Act (P.L. 88–352), which among its Congress, but also as the greatest champion the American people in this century, in landmark provisions authorized federal au- of accessible and affordable quality education this time. thorities to sue for the desegregation of for all. President Johnson truly understood the When we look at what that new agen- schools and to withhold federal funds from importance of leaving no child behind, and he da should include, it should reflect the education institutions that practiced segrega- didn’t. values and lifestyles and locations of tion. For all these reasons, Mr. Speaker, it is Americans where they actually live In 1965, President Johnson signed the Ele- most appropriate that the House voted to re- today, and not the way that we think mentary and Secondary Education Act (P.L. name the headquarters building of the Depart- they lived 50 years ago. When we look at the America of the 89–10) at the former Junction Elementary ment of Education located at 400 Maryland 21st century, we see a country that has School in Stonewall, Texas, where he first at- Avenue Southwest in the District of Columbia changed radically from an old vision of tended school. Sitting beside him as he signed as the ‘‘Lyndon Baines Johnson Department our Nation as one-third rural, one- the bill was his first teacher, Mrs. Kathryn of Education Building.’’ third urban, and one-third suburban. If Deadrich Loney. This legislation was the first Finally, Mr. Speaker, I pay tribute to Presi- general aid-to-education program ever adopt- you hold that idea, you are about 40 dent Johnson’s leadership in the area of civil years out of date. The new United ed by Congress, and it provided programs to rights. In response to the civil rights move- help educate disadvantaged children in urban States of the 21st century is a majority ment, Johnson overcame southern resistance part suburban. In fact, in the last Pres- and rural areas. Later that year, he also and achieved passage of the Civil Rights Act signed the Higher Education Act (P.L. 89– idential election, for the first time in of 1964, which effectively outlawed most forms our country’s history, over half of all 329), which was the first program approved by of racial segregation. As he put down his pen, the U.S. Congress for scholarships to under- voters were living in suburban commu- Johnson is alleged to have told an aide: ‘‘We nities. When you ask these voters, graduate students. have lost the South for a generation.’’ In 1965, In 1965, President Johnson launched ‘‘What do you think the Congress he achieved passage of a second civil rights should work on to make sure that it is Project Head Start, as an eight-week summer bill, the Voting Rights Act, that outlawed dis- program, to help break the cycle of poverty by addressing key needs of your family crimination in voting, thus allowing millions of and your community,’’ they over- providing pre-school children from low-income southern blacks to vote for the first time. families with a comprehensive program to whelmingly put forward a list of prior- In other actions on the civil rights front, ities that have been consistent for the meet their emotional, social, health, nutritional, Johnson nominated civil rights attorney and psychological needs. Recruiting children last decade and that is: action on pub- Thurgood Marshall to the positions of Solicitor lic education, on health care, on con- from ages three to school-entry age, Head General and later Associate Justice of the Su- Start was enthusiastically received by edu- servation, and on economic growth. preme Court, making him the first African Responding to these needs, in the cation and child development specialists, com- American to serve in either capacity. After the last Congress we formed the Suburban munity leaders, and parents across the nation. murder of civil rights worker Viola Liuzzo, Agenda Caucus to then develop a polit- Currently, Head Start continues to serve chil- Johnson went on television to announce the ical program here in the Congress to dren and their families each year in urban and arrest of four Ku Klux Klansmen implicated in address those needs; and in this Special rural areas in all 50 States, the District of Co- her death. He angrily denounced the Klan as Order that we are going to have to- lumbia, Puerto Rico, and the U.S. Territories, a ‘‘hooded society of bigots,’’ and warned night, we are going talk about the next as well as many migrant children. them to ‘‘return to a decent society before it’s chapter, the suburban agenda for 2007. In 1966, President Johnson signed the Inter- too late.’’ He turned the themes of Christian By talking about what these key pieces national Education Act (P.L. 89–698), which redemption to push for civil rights, thereby mo- of legislation are, we have gone beyond promoted international studies at U.S. colleges bilizing support from churches North and platitudes or general policy descrip- and universities. tions to describe actual pieces of legis- In 1968, he signed the Elementary and Sec- South. lation that should be adopted in this ondary Education Act Amendments of 1967 On June 4, 1965 at the Howard University Congress addressing the education, (P.L. 90–247), establishing bilingual education commencement address, he said that both the health care, conservation, and eco- programs for non-English speaking children, government and the nation needed to help nomic needs of the American people. and providing more funds for special edu- achieve goals: . . . To shatter forever not only the barriers of law and public practice, but the The suburban agenda is presented cation for disabled children. Later that year, he here in its new 2007 form. It includes also signed the Handicapped Children’s Early walls which bound the condition of many by the color of his skin. To dissolve, as best we the Gang Elimination Act of 2007, legis- Education Assistance Act (P.L. 90–538), which lation by Congressman Dave Reichert authorized experimental programs for disabled can, the antique enmities of the heart which diminish the holder, divide the great democ- that would seek to identify the top children of pre-school age. three major international drug gangs After leaving office, Lyndon Johnson re- racy, and do wrong—great wrong—to the chil- dren of God. in the United States that represent a turned to his native Texas and continued his threat to our country’s security. In involvement in public education. His presi- Lyndon Baines Johnson was a giant of a man and a towering figure in the history and fact, if you added up all of the docu- dential papers are housed at the Lyndon mented gang members in the United Baines Johnson Library and Museum at the life of our nation. We are not going to see his like again. States, it would amount to the fifth- University of Texas, which in 1970 established largest army on the earth and one that the Lyndon Baines Johnson School of Public f represents a clear and present danger Affairs, The ‘‘LBJ School,’’ as is commonly to the safety and security of many kids The SPEAKER pro tempore. Under a known, pioneered what was then regarded as throughout America. a novel approach to training for public service. previous order of the House, the gen- The curriculum combined courses in theory tleman from Texas (Mr. BURGESS) is b 1820 with courses that took students into govern- recognized for 5 minutes. I will just say that in my own con- ment agencies to work and conduct research; (Mr. BURGESS addressed the House. gressional district the average gang- the faculty included academics from various His remarks will appear hereafter in land shooter in North Chicago or Wau- disciplines as well as practitioners from var- the Extensions of Remarks.) kegan, Illinois, is in the eighth grade;

VerDate Aug 31 2005 04:54 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A07MR7.022 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2273 and this legislation is critical to pro- The Deleting On-Line Predators Act With students already carrying 45 vide Federal backup to suburban law also says to schools and libraries that, percent more debt than they did 10 enforcement to take on the new threat as we upgrade protections for kids on- years ago, I simply don’t think increas- of gangs moving into the suburbs. line in the home, that we also do them ing loan amounts and reducing loan A second piece of the Suburban Agen- in public spaces to, consistently and rates is enough. We have to provide da is the Teacher and Student Safety across the board, deny opportunities to more tools for parents and students to Act, legislation by Congressman GEOFF the estimated 50,000 sexual predators save for college. That is why we have DAVIS. This legislation seeks to make on-line who are on-line at any one introduced H.R. 87, the 401 Kids Family sure that every classroom in America time. Savings Act of 2007. is as safe as possibly can be main- Congressman JIM GERLACH has also This legislation would put American tained, using the judgment of full-time introduced another key piece of the children on the path to an affordable registered teachers who know their Suburban Agenda. That is the Open education and a firm financial future. classrooms and their kids best. Space and Farm Land Preservation Act It allows an individual, including a par- Under this legislation, a full-time to make sure that we improve the tax ent, a grandparent, an aunt or an registered teacher would be allowed to treatment and grant programs to pre- uncle, to set aside a total of $2,000 an- search a book bag or a locker if they serve suburban open space, so that we nually in 401 Kids Savings Accounts for have any colorable suspicion that a do not enter a state of drift in which each child. weapon has come into the classroom. suburban open space disappears across Like that Roth IRA, the money is In my own congressional district, in the country, and we have an unending contributed to the account after taxes, the Winnetka school system, and cer- series of strip malls. but interest accumulates tax free, and tainly we all remember the Columbine And the final piece of the Suburban the balance can be used tax free for the school attacks, we saw troubled kids Agenda for 2007 is the Senior Safety approved purposes in the bill. In the bring weapons into the classroom with and Dignity Act by Representative case of 401 Kids Savings Accounts, the tragic results. GINNY BROWN-WAITE. That Act lays out money could be withdrawn tax free, As a former teacher, I know that I a set of protections for seniors as first of all, for the college education. knew my kids best; and, using that America ages to make sure that their The legislation would extend through judgment, we can make sure that class- health care standards, especially in 2015, the Coverdell Education Savings rooms are safer in America. senior and life-long care, are main- Account tax benefits, and rename these One of the critical opportunities that tained. accounts 401 Kids Savings Accounts. we have in our country is improving When we look at this all, there is one Second, for housing. 401 Kids Savings health care, especially using new tech- bill that stands above all others in the Accounts also can be used when the nology and expanding health insurance concern of suburban families, and that child grows up and they haven’t used for Americans; and there we have the is how to pay for college to make sure the amount, all of the amount, for the Health Insurance for Life Act by Rep- that a child has a guaranteed road map purchase of a first home. resentative CHARLIE DENT. into the middle class. And to talk And third, retirement. When the The Health Insurance for Life Act ad- about that legislation, let me yield to child grows up, he can roll over his 401 dresses a critical problem in America, the author of that bill, my colleague Kids Savings Account into a Roth IRA which is that the average suburban from Illinois, Congresswoman JUDY for use much later during retirement. family will have five different jobs over BIGGERT. By enacting these reforms, we really their life, and they may worry that in Mrs. BIGGERT. Thank you so much, can supply families with a single vehi- between jobs they would lose coverage Mr. KIRK, for organizing this oppor- cle to set aside money for their chil- or be dropped or develop a pre-existing tunity to discuss the Suburban Agenda. dren’s futures. Money contributed at condition which would interfere with As a Member who represents part of birth could grow tax free for 18 years the continuation of health care insur- Cook County, the most populous coun- until needed for college. ance for their family. ty in Illinois, DuPage County, the sec- Parents and relatives also would The Health Insurance for Life Act of ond most populous county in Illinois, have the peace of mind of knowing that 2007 simply says that for every Amer- and Will County, the fastest growing if the child chooses not to go to col- ican already in an insurance pool, who county in Illinois, I certainly share lege, even though they put away the already enjoys COBRA health reinsur- your strong interest in suburban money, or chooses a more affordable ance rights for 18 months, that you can issues. school, any money left over in the ac- continue those, that insurance, for as So I am delighted to be able to talk counts can be used for the child’s first long as you need to. a little about the 401(k) kids. I want to home or retirement. Almost every suburban family in just take a few minutes to explain I would be remiss, as we talk about America has a problem that they have what I think is one of the most impor- financial literacy and talk about sav- heard about, either in their own family tant issues facing my constituents and ings, if I didn’t mention that even or in their neighborhood, regarding constituents all over, particularly in Chairman Bernanke of the Federal Re- predators on-line, people that would be the suburbs, the rising cost of college serve has said that creating savings ac- using, for example, the number one education. counts for children at the time they Web site on the planet, myspace.com, Other than buying a home, the cost are born is a great idea. So I am really to reach out to kids and to attack of a college education is probably one pleased to be with you. them in a way that was simply alien or of the first major expenses that fami- Mr. KIRK. If the gentlelady will impossible in the previous century. lies need to start saving for. The aver- yield. The Deleting On-Line Predators Act, age cost of tuition at an in-state public Mrs. BIGGERT. I yield. which passed in last Congress by a vote school is now at least $13,000; for an Mr. KIRK. When we look at this of 400–15, says that our first line of de- out-of-state public school, it is $19,000; problem, we see that the Congress has fense are parents, moms and dads who and an average tuition at a private taken critical action in the past to know about this danger and are up- school is $28,000 and rising. These num- change our culture in favor of more grading the protections of their kids bers have risen and continue to rise far savings and investment. The 401(k) pro- on-line. For example, in the 21st cen- faster than the rate of inflation. gram was relatively new to our society tury, how the computer should be real- Adding to this problem, let me put on and our culture. ly in the living room and not the bed- my financial literacy hat just a little room, where parents can have routine bit, is that personal savings rates in b 1830 and casual contact with their on-line this country have dropped to a nega- And yet millions of Americans now, habits of their kids; or that every 21st tive 1 percent, one of the lowest sav- when they get their first real job, es- century parent should demand the ings rates since the Great Depression. tablish a 401(k) program, saving on rights of the passwords of their chil- So what I fear here is we have a finan- their own for retirement. dren to make sure that they know cial storm waiting to strike families Last Congress you were leading the where their kids have been. across the country. effort on behalf of extending 529 college

VerDate Aug 31 2005 03:52 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.075 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2274 CONGRESSIONAL RECORD — HOUSE March 7, 2007 savings accounts that are chartered Mr. DENT. Mr. Speaker, I want to es- Americans with private group health under each State. We already have $80 pecially thank the gentleman from Illi- insurance are covered through an em- billion saved under investment. That is nois (Mr. KIRK) for his strong leader- ployer, coverage that is generally pro- why I want to applaud you with the po- ship on this suburban agenda. I also vided to active employees and their tential that this 401 Kids account bill want to thank him, too, for arranging families. A change in an individual’s could do. this opportunity for members of the work or family status can result in loss I yield back to the gentlewoman. Suburban Agenda Caucus to come to of coverage. Americans are changing Mrs. BIGGERT. Thank you. Yes, the floor this evening to discuss issues jobs more than ever before, averaging there are several States that have that are important to all Americans nearly seven different careers over the started this process, too. The more and not simply just people who live in course of their working lives. that we can entice people to start that the suburbs. In 1985, Congress enacted legislation saving, to know what is available, the Every congressman or woman has a we refer to as COBRA to give workers more that it is publicized, whether it is unique district with distinct interests, and their families who lose their health a State account or a Federal account, but we can all support an agenda that benefits the right to choose to continue it is very important that this starts. defends our children’s safety, improves coverage provided under their group I know that in all the work that we educational opportunities and expands health plan. Under COBRA, an em- do in the financial literacy and finan- access to affordable health care. ployer with 20 or more employees must cial education that still we have kids When I am at home in my district, provide individuals and their families that don’t understand the difference one of the issues that I discuss with my the option of continuing their coverage between checks, cash or credit cards. constituents is our mutual concern for under the employer’s group health in- Nor do people understand compound in- the safety of our children, both in surance plan in the case of certain terest. Adults don’t understand that. school and on the Internet. Parents events such as a voluntary or involun- Mr. KIRK. Mr. Speaker, reclaiming have a right to send their children to tary job loss, reduction in the hours my time, that may be the biggest ben- safe, drug-free schools, and we took an worked, transition between jobs, death, efit from this legislation. Not only will important step last Congress when the divorce and other life events. But in we save tens of billions of dollars for House passed legislation, the Student most circumstances, the coverage college education, and I think every- and Teacher Safety Act, that would under COBRA is limited to 18 or 36 body in this Chamber knows George allow States and school districts to months. And because of this 18-month Washington University just crossed the conduct reasonable searches to ensure limitation, during a prolonged job $50,000 a year tuition mark for kids, that our schools remain free of all search, individuals and families have but more importantly, these accounts weapons, dangerous materials and ille- to purchase expensive policies in order are going to have the names of each gal narcotics. Parents need to know to maintain their quality of care or child on them. And so it is an edu- that their children are safe when they they take the risk of becoming unin- cation tool for parents. And I don’t are at school. sured. During times of transition, fami- know if you want to talk about that. As a father of three young children, I lies need the certainty of knowing that When the statement comes into the am particularly concerned about the they will not lose their health cov- home that for a young teenage son or threat of online predators. The Na- erage. daughter, you might be able to talk tional Center for Missing and Exploited Later this week I will be introducing about how the investment has gone. Children reports that over 50,000 preda- a bill, the Health Insurance for Life Mrs. BIGGERT. Not even a teenager, Act, which will remove the 18- or 36- but let’s say a pre-teen, when the tors are online at any given time and one in five children has received an un- month limitation on COBRA coverage, statement comes in and they look at it giving employees the option to con- every month, they see how much inter- wanted online solicitation of a sexual nature. We need to be vigilant as par- tinue their health insurance coverage est, what interest means and what indefinitely. Knowing that they can compound interest means, that they ents by supervising our children while they are browsing the Web at home. We rely on continued coverage will provide are getting more money every month, individuals and families with consist- every year on this account. It isn’t just also must do all we can to protect our children when they are outside our su- ency and security as they face change sitting there static. and uncertainty in their lives. And I pervision by preventing them from ac- We have so many people in this coun- look forward to working with all of my cessing social networking Web sites try that are what we call ‘‘unbanked,’’ colleagues to advance this important and chat rooms like MySpace.com at that don’t even have a bank account or agenda that has been outlined by my schools and in libraries unless they are anything. They don’t get these state- friend and colleague, Representative under adult supervision. The Deleting ments. So this is a tool, you are right, KIRK of Illinois. that kids learn about how to manage Online Predators Act will give parents And, again, I do want to compliment money. And part of that is having the peace of mind by ensuring that a re- you and applaud you on your leader- opportunity that will be gained, being sponsible adult is monitoring their ship. able to go to college because they had children’s Internet use at all times. Mr. KIRK. Mr. Speaker, reclaiming their parents and their family that put Parents in my district know that a my time, we have seen that several money aside for them. And you could college education will double their hundred thousand Americans each year put aside $2,000 a year, but you can child’s earning potential, as you just exercise their COBRA rights to con- start with $50, $100. Maybe families mentioned, but they worry about how tinue health care insurance for their can’t afford to put that much money they will afford to send their children families after they are laid off or leave in, but every dollar saved is a dollar to- to a higher education institution. It is employment. But, each year, over wards education with the interest that critical that we help families start sav- 200,000 Americans will reach the end of is gained and reaped over the years in ing early to send their children to col- their 18-month COBRA period and then this account. lege. By passing H.R. 87 and perma- be unable to continue their health care Mr. KIRK. I thank the gentlewoman. nently extending the 401 Kids Family insurance. If they have a preexisting I think the Congress needs to pass the Savings Accounts, or college savings condition in their family, they could 401 Kids Family Savings Account Act. accounts, parents will be able to put then be left out of a coverage pool We know that the average college grad- money aside to invest in their chil- later. uate in America earns a million dollars dren’s future. And I want to thank the I think that is why it is so important more than someone who only grad- gentlewoman from Illinois (Mrs. that, at the discretion of the family, at uated from high school. BIGGERT) for her strong leadership on their own cost, they can continue that One of the other members of the Sub- this issue. health care insurance to have peace of urban Agenda Caucus and an author of Finally, one meaningful step we can mind. one of the key pieces of legislation is take to ensure that individuals and I yield to the gentleman. my colleague from Pennsylvania, Con- families maintain access to affordable Mr. DENT. Yes. The gentleman is ab- gressman CHARLIE DENT, and I yield to health care is to provide greater port- solutely on point. The portability as- him. ability of health care coverage. Most pect of this legislation is absolutely

VerDate Aug 31 2005 04:54 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.077 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2275 critical. When I served in my State leg- even having their well-child visits or Community health centers provide a islature, in both the State house and other checkups and how do they do wide array of health care, such as pre- the State senate, this was a common that. natal, dental, podiatry, mental health, complaint I would hear from people Health care issues, being a top pri- substance abuse counseling, hearing who suffered a job loss and were at the ority for the Suburban Caucus, in- screening, vision screening, discount end of their COBRA eligibility. cludes my legislation, the Family prescription drugs, case management, Health Care Accessibility Act, which is b 1840 smoking cessation, blood pressure an updated version of a bill I intro- monitoring, blood cholesterol moni- They were very frustrated, just for duced last year to ensure that every toring, weight reduction programs, a the reasons you identified, that there family has a neighborhood doctor. Re- wide array of programs that are avail- was a member of the family who had a gardless of their income, regardless of able there. But the issue is, are there particular illness and that they could whether or not they have insurance, enough of these centers around and are not get coverage elsewhere. So COBRA families will have health care. there enough doctors to staff them? was absolutely critical to them being We oftentimes hear it quoted here, About 70 percent of those who use able to provide for their families. and sometimes misquoted, that there these community health centers have Remember, too, when you pay for are millions of Americans without incomes below or at the poverty level, COBRA insurance, you are basically health insurance, and indeed there are, but there are also many other families paying the full premium. So the port- and we do not want Americans to do who find themselves in a situation ability aspect and dealing with the pre- without that health care. But, in fact, where they are working but are not in- existing condition is absolutely I think many of these folks are covered, per- sured and they can go to these, recog- one of the best selling points and the haps through their employer; and, as nizing they can hold their heads high, most salient points of this legislation. the gentleman from Pennsylvania was because they are getting good quality Mr. KIRK. We also hear from job ex- describing, when they are between jobs health care and they have a health care perts that in America generally it and they have that gap there, that is home. takes one month or $10,000 to find a something that Mr. DENT’s bill would For many folks, these are the only new job, on average, but many families help cover them. health care services available, and will hit that 18-month limit before But there are some who are also cov- while the number of uninsured patients they find new employment. ered by Medicare and Medicaid and at community health centers is grow- Mr. DENT. That is absolutely true. don’t know it. We need to work with ing, the number of physicians available And particularly I would also urge any- them to make sure they are aware of to them is decreasing. There is a crit- body watching us this evening to not that. The census data simply asks who ical shortage of physicians available at only look at their COBRA options, and is covered. community health centers to meet the But the other issue becomes what certainly endorse this legislation, but health care needs of the uninsured and about those Americans, 12, 13, 14 mil- also be aware of the fact that we have underinsured. lion or so, who do not have anything, programs in this country called SCHIP The Journal of the American Medical and those are the ones we need to rec- for children who are uninsured, that if Association reports a 13 percent va- ognize that there are some things we their children need health insurance, cancy rate for family physicians, a 9 can do, and we need to act now. It is they may be eligible for that. percent vacancy rate for internists, a not a matter really of concern about When I was in my State legislature, 20 percent vacancy rate for OB–GYNs, spending vast amounts of money, but we passed an Adult Basic Program pro- and over 20 percent for psychiatrists. we have a solution at hand, a simple viding a low-cost health insurance pro- So what can we do to get more doctors solution, a direct solution, and one gram for adults of working age who, for at the community health centers? that we should embrace quickly to help whatever reasons, were out of work. Well, interestingly enough, physi- So, again, the gentleman is on point, these families. Understand that health care costs for cians and other specialists hired by that when people are unemployed, families in the United States are ris- community health centers are covered there are options for them in health ing. From 2004 to 2005, the medical by the Federal Torts Claim Act for care in many States, either through costs for a four-person household in- medical liability costs. However, those SCHIP or, like my State, Adult Basic; creased by over 9 percent, to $12,200- who want to volunteer are not covered. and I would certainly encourage people plus. This is a growing burden on all They would then have to get their own to contact my office or even their families and often many look at this as insurance. State legislator’s office to seek some they can’t afford health care. We have heard it spoken many times assistance. But, fortunately, there are commu- in this Chamber and other places where Mr. KIRK. I thank the gentleman. nity health centers out there. These the cost of medical liability insurance For suburban families, health care are nonprofit, community supported is so high that many doctors retire issues are second only to safety and se- health care facilities that provide af- early, they limit their practice or they curity and improvement of public edu- fordable primary and preventative leave the States where those prices are cation in their priority list. One of the health care on a sliding fee scale so so high, in the tens of thousands, many key issues is access to care, especially that every patient who walks through times over, dollars per year. For exam- at community health centers, and the door can receive access to health ple, many OB–GYNs will stop deliv- making sure we have enough doctors. care services. This is low-cost, afford- ering babies in order to reduce their No one knows this issue better than able quality. costs. In Pennsylvania alone, there are the author of the Family Health Care So instead of a family saying that about only 4 percent of physicians who Accessibility Act, part of the Suburban they look at a health insurance bill of are under the age of 35, and we are Agenda, my colleague, Congressman several hundred dollars a month, that looking for more shortages in the fu- TIM MURPHY. would not be the issue, because what ture. Mr. TIM MURPHY of Pennsylvania. they could spend was a small, small Well, community health centers have Mr. Speaker, I thank my friend from Il- fraction of that on a sliding fee scale to limited resources to meet the current linois for yielding. help them cover a doctor’s visit, a den- needs of the uninsured and under- As you said, few things are as impor- tist’s visit or something else. insured, but there are many physicians tant as the health of our families. In fact, community health centers and psychologists and dentists and oth- A lot of times in this Congress we provide this high-quality care to over ers who want to volunteer at commu- talk about issues of health care acces- 15 million families who are the low-in- nity health centers, but the current sibility, and a lot of times that be- come, underinsured and uninsured. laws are a barrier to them. So when comes a discussion of health insurance. They provide a medical home for these they do approach community health But the bottom line is, for families, folks and save even 30 percent for those centers and say they would like to they want to know that when their who are on Medicaid, which is about a offer some time every month, the cen- child or they are sick, can they get to $17 billion annual savings to the Amer- ters oftentimes find themselves in a see a doctor that they can afford, or ican taxpayer. position of turning them down.

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.078 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2276 CONGRESSIONAL RECORD — HOUSE March 7, 2007 This bill simply does this: Whether doctors who are paid are covered under and expanded capabilities for commu- you are working in a community the Federal Torts Claim Act. nity health centers ought to be what health center or you want to give your What happens, if they can’t see the this Congress is about. time at no charge to help those in patient, it is one of those things that Mr. TIM MURPHY of Pennsylvania. I need, you can be covered under the medical care delayed is medical care thank the gentleman for pointing that Federal Tort Claims Act, something denied. What they end up doing is out. I am not clear whether there are that this Congress has done for those sometimes going to emergency rooms, any associations that oppose this part; who are employed by those centers. where the cost is many times over, and maybe there are. But I would hope that Let’s extend that to those who want hospitals by law have to provide that they would reach out and say, these to volunteer. There is then no cost to care. They cannot turn them away. doctors are covered by some liability those centers to hire those folks, and it Again, we are taking children and fam- insurance. It is a lower cost to them. is very limited cost to provide that ilies who should be seeing their physi- But the main thing is, let’s get these health insurance for them. So there is cian for primary care, their immuniza- families and these children to see doc- a huge savings. tions, their flus and colds and earaches, tors now and get the care that they But the main thing is we provide and seeing a physician at a health cen- need. more coverage for families, families ter, and to have legal barriers are Mr. KIRK. I thank the gentleman. have more doctors that they can go to, something that does not make sense to When we look at the suburban agen- we don’t have these shortages, we don’t any family, let alone suburban fami- da, you can see, last year, we had quite have long lines at these centers, and lies. a lot of progress made. people have a health care home. Mr. KIRK. You are an expert on The School Safety Acquiring Excel- It is such a simple task for Congress lence Act not only passed this House as to pass this. This bill is one I hope my health care in this Congress. When we look at the delivery of health care, in part of the suburban agenda, but it was colleagues will help me in co-spon- enacted into law, allowing full national a hospital emergency room, we have soring and help support as it moves criminal background checks for anyone the most expensive setting to care for through the process. We simply cannot coming in contact with kids in a a family. Generally they have waited afford to continue to address health school, especially recognizing the Jes- until a very late moment, and now we care by talking about health insurance sica Lunsford problem. only. That is an important part, but it are in an acute emergency situation. We also passed the Charitable Dona- Had that family gone to a commu- isn’t just financing this system. It is a tions for Open Space Act, enacted into nity health center early in the process, matter of fixing this system in a com- law, and that was with the leadership passionate, quality way. Community we would have dealt with the problem of my colleague from Pennsylvania, without the drama and without a po- health care centers provide that, if we JIM GERLACH, who is now, as part of only open the door for more doctors tential catastrophic result, and at this year’s suburban agenda, is moving and others to provide that care on a much lower cost to the public and the the Open Space and Farmland Preser- volunteer basis. family. That is why this legislation is vation Act, and I yield to my colleague What could be more humanitarian, essential, because it expands these cen- from Pennsylvania. what could be more compassionate, ters and expands care at this level in- Mr. GERLACH. Mr. Speaker, I want than to remove this government bar- stead of the very expensive place we do to express my gratitude to the gen- rier that stands in the way of people it now, in the hospital emergency tleman from Illinois (Mr. KIRK) for his reaching out their hearts and providing room. terrific leadership in pulling us to- this care at this very low cost? Mr. TIM MURPHY of Pennsylvania. gether for this terrific suburban agenda I would hope that all of my col- Yes, indeed. Hospital emergency rooms that we have been putting forward in leagues would join me in co-sponsoring should be for emergencies and traumas. Congress now for the last couple of this bill and helping to move it Those who have flus and other illnesses years. through. But it is, as part of the Subur- can be seen by other doctors that don’t We made progress in the 109th Con- ban Agenda, one where we recognize overburden the emergency room at a gress, but we want to see a lot more that working families have tremendous very high cost. happen here in this 110th Congress. It is needs. Those, however, who do not have through this caucus that we have We have in this country, reaching those illnesses yet, by a checkup with where I think we are bringing vital out of compassion, have helped those their doctor, adults and children alike, issues to improve the quality of life for with very little income through Med- we can reduce costs because they can our constituents across this country to icaid. We have helped those who are get to see the doctor early, or the the forefront of the national debate. veterans through the VA system. We nurse or the nurse practitioner or the In the 109th Congress, we made great have helped the elderly through Medi- dentist. progress on considering measures to care. Let’s also help those who are in Our focus should be on providing benefit all Americans; and in par- different thresholds, in different cat- quality care, accessible care at low ticular, addressing the challenges fac- egories, who cannot afford health care, cost. Community health centers are a ing working families in fast-growing and let’s do this very low cost, perhaps tremendous asset for our Nation and suburban areas. even a cost offset plan, that can pro- something that we should all be sup- In my congressional district, which is vide this care to them. porting. It is perhaps the most compas- in the suburbs and exburbs of Philadel- Mr. KIRK. Reclaiming my time, I ap- sionate thing we can be doing for the phia, tremendous growth is leading to plaud the gentleman. I am a co-sponsor underinsured and the uninsured. of the Family Health Care Accessi- the dramatic loss of prime open space We will continue the battles in other bility Act. It is part of the Suburban and farmland. This pressure has led the areas, and we will continue to work to Agenda, so many Members are backing Commonwealth of Pennsylvania, many provide all the care that families need. it. counties, and even local municipalities But my understanding on this legis- But this is such an important answer to enact laws to protect farmland from lation is that several trial lawyer asso- that is in communities now and some- development through the purchase of ciations are against this legislation be- thing I think we need to pass now. conservation easements. cause they want to preserve the right Mr. KIRK. If we don’t pass this legis- These voluntary efforts allow farm- to be able to sue any doctor volun- lation, we will have fewer doctors and ers to stay on their land and preserve teering in a community health center fewer examining rooms open in com- it for future generations, as well as im- out of that ability, which then would munity health centers. prove the quality of life environ- mean that there is no doctor present or Ironically, because we did not pro- mentally in our local communities. the community health center closes vide this liability protection for com- To promote and encourage the efforts down. munity health centers, we don’t have of municipalities and private entities any issue of malpractice because there that wish to participate in that effort, b 1850 was no practice of medicine whatsoever we have introduced H.R. 1152, which is Mr. TIM MURPHY of Pennsylvania. in that setting which I think defies the Open Space and Farmland Preser- Well, what happens is, right now, those common sense. A greater access to care vation Act. This bill, which is virtually

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.080 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2277 identical to H.R. 5313, which was Mr. GERLACH. Absolutely. We have market value of the land, with or with- agreed to unanimously by the House in seen a lot of growth in southeastern out his approval. No farmer enters into the 109th Congress, is designed to pro- Pennsylvania in the last 20 years, and a land preservation program or trans- mote the protection of the most it is good-paying jobs and family-sus- action without his approval, in that he threatened farmland and open space, taining jobs. As that continues to hap- volunteers for it. land that a State, county, municipality pen, people at the same time, while It does recognize very important pri- or even a private entity, have all that is where they go to work and earn vate property rights, that everyone is agreed is worthy of preservation. their livelihood, they also want to see entitled to realize the economic value To do so, the bill reserves a small the environmental quality of life also of his land, and so what this program portion of the current Federal Farm- preserved, so they have in their com- tries to do is pay the economic value of land Protection Program to provide munities not only the good-paying jobs that land to the farm owner who wishes matching Federal dollars for preserva- but also the green space, the open to participate on a voluntary basis. So tion efforts that are already receiving space to preserve for their generation it is locally oriented, and it is oriented a county, State and local or private and beyond. to those that want to participate on a dollar in preservation effort. At the same time, that growth is also voluntary basis, realizing the economic The bill creates a challenge grant coming up against the rural commu- value of their land based upon the con- that encourages States and counties nities, those communities that for gen- servation easement they are giving up. and local municipalities or those pri- erations and hundreds and hundreds of That, to me, is the best way to pre- vate entities, such as local conser- years have been agrarian. They were serve local and environmental condi- vancies, to work together to obtain a founded on agricultural activity, and tions, local folks making local deci- Federal 25 percent match. now, as that growth pushes up against sions on a voluntary basis and having I believe this bill will go a long way that, the farmers want to be able to the financial resources to make those towards using existing Federal dollars stay and keep the family farm going good decisions. to encourage more States, counties, for future generations. Mr. KIRK. It also seems to me we are municipalities and private groups to We found in Pennsylvania that the not empowering a large bureaucracy. take action to protect their vital open Farmland Preservation Program is an There is no overhead in administra- space and farmland. tion. The vast percentage of resources It is important to note that the bill excellent way to do two things: keep dedicated for this purpose actually is also fiscally responsible. And in that, the family farm going by providing, goes to the environmental preserva- it does not authorize any new spending; through payment of dollars for con- it simply reserves a portion of existing servation easements to the families, tion. Mr. GERLACH. Absolutely. We have program dollars. It is my hope that if the ability for them to sustain them- in our local counties county preserva- this new program is enacted, it will selves economically and, at the same tion boards that administer the pro- lead to better and more effective Fed- time, sustain that environmental qual- eral efforts to help our local munici- ity of life that is important to what gram. They obtain dollars, both locally palities, counties and States to pre- makes a good community. as well as from the State, and, where serve farmland and open space. We have been very successful using appropriate, the Federal Government, I hope the Democrat majority here in county dollars, some local dollars, and they administer that program. the House truly understands the chal- some very important State dollars, and This legislation that is on our agenda lenges facing suburban communities, even Federal dollars to have that effort does not add to bureaucracy. It will not and realizes that enacting the subur- go forward. But there still needs to be add another person at the Federal level ban agenda legislation is vital to our encouragement for local municipalities or the State level, does not add to our communities. to participate in that process. That is county preservation board staff-wise. Again, I want to express my thanks what this legislation is about and why So it is just additional resources on a to Mr. KIRK for his great efforts and his it is important for us federally to look voluntary basis that would be available staff to pull together this very impor- at the issue. to those that realize that the quality of tant Suburban Agenda Caucus again in Mr. KIRK. Why I think this legisla- life in a community is based not only the 110th Congress, and I am glad we tion is so important, too, is we have on economics but also the environ- are focusing more attention on issues seen in the development of the environ- mental aspects of that community, and that will benefit families in suburban mental law and movement a trend that is why it is an important initia- areas and remain hopeful that we can away from our roots protecting green tive. build on our success from the last ses- and open space and habitat to more Mr. KIRK. I thank the gentleman for sion and have great achievement again regulation, more lawsuits and poten- being a leading part of our Suburban this session. tially ineffective policies. Agenda Caucus and moving this crit- Mr. KIRK. We look back on the tradi- I will just note, the Federal Super- ical environmental piece of legislation. tion of great environmentalists, like fund program, designated to cleaning To recap, last year when we put this Theodore Roosevelt, who started the up the most toxic places in America, together, we passed legislation, en- National Park Service and expanded has spent over half its funds on litiga- acted it, for safer schools, charitable key habitats like Yellowstone National tion and lawsuit costs, not on environ- space, for open space. We led the way Park, and we are all for strengthening mental cleanup. in at least the House passing legisla- and expanding the park system out Your legislation takes us back to the tion promoting fully electronic med- west. original core of what the environ- ical records by passing the Deleting But for my constituents outside the mental movement was first founded to On-Line Predators Act, setting the ex- Chicago suburbs, or yours in the Phila- do, which was to protect green and ample on student and teacher safety. delphia suburbs, that might be only open space and key habitats for all This suburban trend in America is part of a summer vacation. time. not an Eastern trend, and it is not a We need to pass this legislation so Midwestern trend. It is not a Western. there is green and open space near b 1900 It is throughout the country. One of home so we don’t have an unending set Mr. GERLACH. Again, I thank the our suburban leaders is from Texas, my of suburban sprawl, but we don’t have gentleman, because really this effort is colleague from the Texas delegation, the Federal Government take over this about really allowing it to be locally Pete Sessions, and a leader on subur- role; this is a decision made by land- based, based on two very important ban issues. owners and communities throughout factors. Mr. SESSIONS. I appreciate the gen- our local areas making local decisions. Number one, it is voluntary. No one tleman yielding me the time. But in some, create more green and forces a farmer to participate in the Being from Dallas, Texas, does offer open space, new greenways, to preserve program. It is not like an eminent do- me the opportunity to come in and join a quality of life and an ecological am- main action where a taking of land oc- the Suburban Caucus members here to- bience that has become part of subur- curs and that farmer or that landowner night from Illinois and Pennsylvania; ban living. is paid just compensation for the fair and tonight I would like to speak about

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.081 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2278 CONGRESSIONAL RECORD — HOUSE March 7, 2007 something that I think is very, very thing that was known as the marriage raise taxes, for every dollar in taxes important and that is our economy. penalty, and that is that every single that it raised against the American Just yesterday, there was a brand person would be taxed only at their people, it spent another $1.08 in new new study that was released in Europe own rate, based upon what their own spending. So the record of those years that mostly you will see in Europe, you earnings were. was that, even though we were raising probably will not see in the United Mr. KIRK. What we did is we made taxes, spending here in the Congress States, but talks about how the United sure married couples did not pay a went up even faster, and so our deficit States economy, as it was 20 years ago, higher tax than two single people liv- woes became worse. is now the size, or said another way, ing together. b 1910 Europe is now the size of, their econ- Mr. SESSIONS. That is exactly right. omy, in 2007, what the United States Once again, said another way, a per- Mr. SESSIONS. That is exactly the economy was 20 years ago. It comes as son would be taxed only at their own point. The political debate in Wash- a shock to many people in Europe, even income, as opposed to combining that ington has been that Republicans cut though they have already seen incre- rate, which then would increase the taxes and deficits go up. Well, the fact mentally where their countries fall amount of taxes that a person would of the matter is, since 2001, exactly on out. pay. 9/11/01, when we had a balanced budget But what has happened in Europe is What I am telling the gentleman is at that point, we have seen the deficit they have seen a continuation of high that in around 1,300 days, if the Demo- go up, and that is because we lost 1 taxes, of overregulation, of require- crat majority does not reextend these million jobs on or about that day in ments on single payer or what we tax cuts, that all four of these taxes the months forward. might call single payer system in and more that I have talked about will So what Republicans did is they said, health care, as well as rules and regula- go back to the rate that they were be- we have got to spur our economy. We tions that are given to unions to not fore the Republicans lowered those have got to do the things that will only organize but to put additional re- taxes. bring America back to work. strictions upon employers. Mr. KIRK. If we look at the suburban I am pleased to tell you that the So, tonight, what I would like to say agenda about safe schools, extending budget is virtually balanced and is ex- is, thank goodness we live in America. health care, green and open space, et pected to be balanced by next year as a Thank goodness we live in an America cetera, one of the things that is not result of a strong, strong economy. where the free enterprise system is part of the Suburban Agenda is a tax Just 11⁄2 years ago, we had a deficit of alive and well. increase, especially a tax increase on about $500 billion. This year, it is down Tonight, the Suburban Agenda that working families. to $140 billion. That comes from strong is being talked about by the Repub- One of the things that we have insti- economic growth. That comes from the lican party is a part of trying to make tuted as part of our general tax policy opportunity for people to go to work. sure that we grow our economy, to is to make sure that married families That comes from investment and op- where America has the very best not are not paying a higher tax, because a portunity, but, most of all, we are com- only economy in the world but also a key part of the Suburban Agenda is a petitive with the world, and these are leading-edge and moving-forward econ- family together, raising kids under one the things that Republicans talk about omy. household. that is a part of the Suburban Agenda What I would like to talk about to- I am worried, though, that if there is but that is good for everybody. night is also a part of our Suburban inaction on tax policy by this Con- Mr. KIRK. If I am not mistaken, last Agenda of growing the economy, and gress, many of the inequities in the year was the largest increase in tax re- that relates to making sure that we Tax Code get reimposed and we start ceipts coming into our Treasury, even have the opportunity to have lower tax taxing families at a higher rate than though there was no tax increase by rates that allow investment in oppor- people who are single. the Federal Government, simply be- tunity. Mr. SESSIONS. That is exactly cor- cause of economic growth, that since As we know, in just a few short rect. The gentleman from Illinois is September 11, 2001, we have added over years, I think it is about some 1,381 correct, that as a result of what Repub- 2 million jobs. Maybe that is one of the days from now, the tax cuts that were licans have done, by cutting taxes, is key lessons of the Suburban Agenda: passed by the Republican majority over that we have not only given people There is no Federal program or no so- the past few years will be going away back more of their own money, we have cial welfare act that is more powerful unless the Democrats were to allow a allowed for America to be in a position in improving the life of a suburban vote and we reauthorize those. What to where we are more competitive with family than a job and a growing econ- would be gone away is the marriage the world. omy for small business. penalty, depreciation, capital gains; Is it not interesting that just a few Mr. SESSIONS. The gentleman is and our tax rates would rise, also. short years ago all the talk was about correct, and if I could have the gen- Mr. KIRK. You are telling me that outsourcing and these jobs that were tleman also continue to keep focusing the marriage penalty will be reimposed going to other countries. Ever since we on how we have done this, what has by the American Tax Code unless this passed these tax cuts, the debate and been done is we have turned to the free Congress acts? discussion now is how do we get enough market, the free enterprise system, to Mr. SESSIONS. That is exactly right. workers to do the work that we need Americans, and said, we need you to go What happened was, when Republicans done here in America. work as hard as you can work and came into office 12 years ago, we talked The greatest threat against that bring this country back. That is ex- about how important it was to make would be that we do not have enough actly what has happened. It was not be- sure that every worker in a family, in work that can be done here, and so cause of a government program. this case a husband or a wife, would companies go offshore to have work What we did is, we gave people back have an opportunity to only be taxed done on behalf of corporations and peo- more of their own money, allowed upon their own income. What happened ple here in this country. them to invest that money in places is, after 40 years of Democrat control, Mr. KIRK. We talk about the Subur- like Dallas, Texas, where I live, Chi- we had taxes at this high, high level, ban Agenda, what is in it, which is pro- cago, Illinois. And we have this robust and what happened is that a married school, pro-health care, pro-environ- economy that, since 2001, 5 million new person would be taxed at the highest ment legislation, and what is not, jobs have been added. Tax receipts are rate of the person in that household, which is a tax increase on the Amer- up, 3 years ago, plus 8 percent over the whoever made the most money. That ican people. There is the argument year before; then plus 13 percent in this meant that if a wife worked full time that is made very often here in Wash- last year, plus 15 percent more than we and a husband worked part time, he ington that the only way to cure our fi- had received the year before. would be taxed at her high tax rate. nancial woes is a tax increase. But if I We have more people at work today. So what Republicans did with Presi- remember, looking back at the record More people own their own homes. dent Bush is we came and passed some- of the 1970s, even when Congress did There is more money being made, and

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.083 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2279 the government has more money at its flexibility, to save for their child’s col- battle cry is, ‘‘Don’t Tread on Me.’’ The disposal. I hope and believe that next lege education and first time home pur- tracks of my tears and the stains of my year this budget is going to be bal- chase. Health Insurance for Life, to blood can be traced from Boston to anced. make sure that we continue the Baghdad. Mr. KIRK. As the gentleman points COBRA insurance for Americans, for I was there at Lexington when the out, many people here in Washington more than 18 months, the Deleting On- shot heard around the world was fired, will point to the European Union as line Predators Act to make sure we are saw the whites of their eyes, was bat- the economic model, an example that empowering parents to control this tle-tested at Bunker Hill, Valley Forge we should follow, but the record is re- 21st Century danger to their children; and Yorktown, and won my country’s lentlessly negative towards their exam- the Open Space and Farm Land Preser- independence. ple of creating new jobs or economic vation Act to make sure that we have b 1920 growth, where we have seen a reactive more preserved green and open space in decline of the European Union as the green and open suburbs, and fi- I earned worldwide respect during the against China and the United States. nally, the Senior Safety and Dignity Spanish-American War while helping We also recall in the last decade how Act to make sure that as the baby our friends in Cuba gain their inde- we all thought that we would all end up boomers age, we are preserving our pendence. Names like Teddy Roo- working for the Japanese and that long-term health care for our Ameri- sevelt’s Rough Riders and the 9th and Japan, Incorporated, was the big cans. 10th Cavalry became household words. threat. This is the suburban agenda, a vision I saw action at San Juan Hill, Guanta- Now we see an old axiom of politics for the future and a work plan for the namo Bay, and the Philippines. A said by one great politician, never bet Congress. We are looking forward to young Lieutenant John Pershing was against the United States, and also working with both sides of the aisle on heard to have seen ‘‘white and black never bet against freedom. What we this to make sure that we are rep- regiment fighters shoulder to shoulder have seen here is an unbelievable eco- resenting and advancing the needs of unmindful of color in combat.’’ nomic performance by our country, America as it actually is, living in the I was there at the 11th hour of the record tax receipts coming into the suburbs and needing action on all of 11th day of the 11th month, in the year Treasury without a tax increase, and these items to realize the full potential of our Lord 1918. I was crowned in glory the ability then to focus on the future of this Congress and the work ahead. at the conclusion of World War II, the war to end all wars and the birth of of the United States, which is largely f being written in the suburbs, with safe Veterans’ Day. schools, extending health care and WALTER REED MEDICAL CENTER During World War II, in response to making sure that we are planning for The SPEAKER pro tempore (Mr. the attack on Pearl Harbor, the pearl the long term in what will be aging MATHESON). Under the Speaker’s an- of the Pacific, I rallied a nation, shoul- America, with the baby boomers enter- nounced policy of January 18, 2007, the dered the weight of the world, defeat- ing retirement, but hopefully, with gentleman from Texas (Mr. AL GREEN) ing the Axis powers, preserving democ- these policies entering retirement with is recognized for 60 minutes as the des- racy around the world and preventing some safety and security based on pri- ignee of the majority leader. the annihilation of a race of people who vate savings and investment, encour- Mr. AL GREEN of Texas. Mr. Speak- called Germany home. In this country, age through first the 401(k) program er, I am honored to stand in the well of we call these exceptional citizens Jew- and then we hope through the 401 Kids the House tonight and address condi- ish people, and we know them as the Family Tax Savings Accounts. tions at Walter Reed Medical Center, Jewish community. Mr. SESSIONS. As we close down our as well as other military medical hos- No words can better describe the ef- time here with Republicans being on pitals, and I would also like to, in fects of our entry into World War II the floor, I would like to remind the doing this, talk about why our soldiers than those of Admiral Hirohito when gentleman of something that is heard and our veterans are so important to told by an aide, ‘‘Sir, we have scored a over and over and over again, and that us. great victory,’’ and he replied, ‘‘I’m is how great America is. But I would I want to start by saying if we are afraid we have awakened a sleeping like to ask a rhetorical question. Have truly concerned, if we are truly con- giant.’’ you ever heard of the China dream, the cerned about national security, then Thank you, World War II veterans. Brazilian dream, the French dream, the we have to be concerned about those You are the greatest generation. Never German dream? Probably not, but who secure national security. We have before have so few given so much for so every single person in the United got to be concerned about our soldiers. many. States and billions around the world We have to be concerned about our vet- In support of our friends in South have heard of the American dream, and erans. Because, in fact, they make it Korea, I saw action at Bloody Ridge, the American dream is tied directly to possible for us to have these liberties Pork Chop Hill and Heartbreak Ridge, not only the dream that they have that we have come to know and to while introducing the helicopter and about themselves, but a dream about love. jet aircraft as battlefield tactics, ac- their future. Tonight, as I start this explanation, I tions which changed the course of mili- This is where Republicans, working would like to first use the words of an- tary history. together on the suburban caucus, mak- other, Major General John H. Bailey II, I went to Vietnam to help the people ing sure we have a healthy and strong and I want to bring his words to our at- of South Vietnam maintain the right economy, where investment and oppor- tention, because he has written an ode to choose their own destiny. There I tunity and reduction in taxes happens that really explains why the American fought at Hue Dong Hai and Ham- directly in front of us, and then we can soldier, the American veteran, is so im- burger Hill. I refused to fall at the support this agenda that is so impor- portant to this Nation and to the well- hands of a well-equipped and deter- tant for every one of us. being of this country. His ode is styled mined enemy during the 1968 Tet Offen- Mr. KIRK. I thank my colleague. I from Boston to Baghdad, and his words sive. will close out by simply saying that we capture the essence, the spirit of what During Desert Storm, I engaged Sad- now present to the American people the American soldier is all about, what dam Hussein in his mother of all bat- and the Congress the suburban agenda the American soldier has done for this tles. I destroyed his will to resist. for 2007, Action Against International great country. And then there was 9/11, a day which Drug Gangs, moving into the suburbs His words are: must never be forgotten, a day which where the Federal Government can I am the American veteran. I was must never be repeated. It tested the help; Safe Schools, relying on the judg- born in battle on April 19, 1775. I am soul of our Nation in a way not wit- ment of teachers, full time, using all of the total sum of my country’s ethnic nessed since December 7, 1941. And due their abilities; 401 Kids Tax Deferred and cultural diversity. I am loyal, de- to the atmosphere it created, I was Savings Accounts, to make sure that pendable and patriotic. My motto is, again sent to Iraq as a part of the glob- families have more resources, more ‘‘Duty, Honor and Country,’’ and my al war on terror. I am still there today

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.085 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2280 CONGRESSIONAL RECORD — HOUSE March 7, 2007 participating in peacekeeping and na- Ms. NORTON. I thank you, Rep- me that it is when you get out of the tion building. My rewards are found in resentative GREEN. I particularly hospital that you may be most de- the eyes of children and old people who thank you for opening up this special pressed. You may have lost an arm or now have hope. hour in a way that offers perspective, a leg or an eye, or you have lost part of I am the American veteran. I am historical perspective about why the your mental capacity. Now you have to from New York City, the countryside treatment of our solders and veterans come to grips with the real world. It is of Philadelphia, Washington, D.C. I’ve mean so much to us. in those barracks, barracks like those come from sea to shining sea. As a par- What you have done is to take us described at Fort Campbell that sol- ticipating citizen, I shall continue to through the highlights of their history, diers have lost their way because we fulfill my forefathers’ dreams of a more which is our history, so that I think we have lost ours. perfect union and open my arms and come to grips with why the urgency Or let’s take Fort Irwin in California. say to the world, send me your tired, that has been revealed at Walter Reed Here I am quoting again the Wash- your huddled masses, because I know it and now increasingly at other veterans ington Post, March 5 of this year: is that diversity that makes us who we hospitals and military hospitals must ‘‘Most of us,’’ writes this soldier, are. be addressed right away. ‘‘have had to sign waivers where we un- In closing, he adds, I leave you with Mr. GREEN, to my left there is a ren- derstand that the housing we were in the words of a young John F. Kennedy dition of remarks among hundreds of failed to meet government standards.’’ in his inaugural address, who said, ‘‘We thousands now sent to the Washington My colleague will, I think, agree with will bear any burden, meet any hard- Post and to Members of Congress once me that our soldiers expected to be in ship, support any friend, oppose any foe the Walter Reed revelations came for- substandard tents in Iraq and Afghani- to assure the survival and success of ward in the Washington Post. And stan but not in the United States of liberty.’’ This pretty much describes what is important about the remarks America after being wounded and being the spirit of the American soldier and to my left is the way that they summa- sent back home. the American veteran. Even though we had hearings in the rize the systemic nature of this prob- Mr. Speaker, I share these words be- Government Reform Committee 2 years lem. cause it is important for us to under- ago speaking to the outpatient care Yes, we are focusing on Walter Reed. stand the sacrifices not only made by and were assured by some of the same It happens to be in my district. Would this generation of veterans but the sac- brass that appeared before us at the that we could fix the problems that rifices made by veterans since the Walter Reed Hospital hearing just a have come to light by dealing with this country was founded, since the genesis couple of days ago, we find, courtesy of one great hospital; and this is far and of this country, if you will. And be- the Washington Post no less, not a away the greatest military hospital in cause our veterans have been so impor- hearing, but a real expose´ that things the United States, most would say in tant to us, because they have been are as bad or worse than we expected. there for us, we must be there for the country. It is where we send our Mr. AL GREEN of Texas. Would the them. most injured soldiers. If you have been lady yield for just a moment? I regret to say, Mr. Speaker, that we very seriously injured, you go to Wal- Ms. NORTON. I would be pleased to have not been there for them when it ter Reed. It is considered the crown yield to the gentleman. comes to military hospitals and facili- jewel of military hospitals. Mr. AL GREEN of Texas. Thank you. ties and the delivery of health care Why, then, are we hearing from Fort You have mentioned Walter Reed through the military facilities. We Campbell, Kentucky? In a moment I several times and conditions at other have not been there because recent want to know about your district, Mr. facilities as well. I have information events have shown us, in GREEN, but why are we hearing from from the Washington Post that I would transpicuously clear, empirical data, Fort Campbell, Kentucky, words that like to share to substantiate much of that hospitals are substandard, that also put us to shame? And the words what you have just said, and I think some of the treatment received has not are right there for you to say. We are that it bears reading because I want to been delivered in the kind of fashion quoting the words that have come for- make sure that I quote the Washington and manner that we would have those ward, this time to the Washington Post accurately. This is from February persons who have given us liberty and Post. There were yellow signs on the 18, 2007: justice for all, those persons who have door stating, ‘‘Our barracks had asbes- ‘‘Behind the door of Army Specialist made real the ideals in the Constitu- tos.’’ How would you feel if you came Jeremy Duncan’s room, part of the tion of the people, by the people, for home from Iraq or Afghanistan to find wall is torn and hangs in the air, the people, those persons who have that kind of sign on the barracks to weighted down by’’—what the given us this opportunity to stand here which you had been committed after gentlelady called to our attention just tonight, we have not made the delivery leaving the hospital? a moment ago—‘‘black mold.’’ Black of health care services as effective and Mr. GREEN made a point about in- mold weighing the door down to the ex- efficient as they should be. hospital care. So far as we have been tent that it is being pulled apart from So I am here tonight with a col- able to tell, at least in the military the wall. league, and we are going to talk about hospitals, a standard. You will have to ‘‘When the wounded combat engi- not only the problems at Walter Reed speak to the veterans hospitals. But neer,’’ it goes on to read, ‘‘stands in his but the problems in health care deliv- nobody doubts that there is no better shower and looks up, he can see the ery in military facilities, generally place for our soldiers to be, particu- bathtub on the floor above through a speaking; and we are going to also con- larly if you are seriously wounded, rotted hole.’’ tinue to be grateful for the service that than Walter Reed Hospital. Now, this is hardly what we would our American veterans have rendered expect to find in a hospital. b 1930 to make this country the great country Ms. NORTON. This is the outpatient that it is. But you get out of Walter Reed and housing, normally. Unless that says At this time, I will yield such time as you find the functional equivalent of it’s a hospital. she may consume to the honorable lady what we learned about Fort Campbell, Mr. AL GREEN of Texas. This is at from the District of Columbia, a stu- Kentucky. There may not be a sign on Walter Reed Hospital, itself. dent of jurisprudence par excellence, I the door, but the signs were every- Ms. NORTON. I do want to make that might add, one who is a part of the where to see. They were there in the distinction. Walter Reed Hospital, the conscience of the Congress and cer- now notorious building 18 where the Washington Post, I believe, did not find tainly the conscience of Washington, whole roof now has to be changed, the conditions to be substandard and drew D.C., who has fought for statehood and mold and the rats and the roaches. the contrast between the hospital and continues to fight for the American What those are signs are, are of neglect building 18. I don’t think the hospital veteran. She speaks, and when she of these soldiers once they left the hos- has been the source of the problem. But speaks, others listen. I am honored to pital. they have put these soldiers in share time with the honorable ELEANOR But in a real sense, I think my good aftercare kind of apartments, in facili- HOLMES NORTON. colleagues and brother will agree with ties like building 18. Unnamed, by the

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.087 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2281 way. It could have been named after do, you’re disrupting his life, you’re take $3 billion. The gentleman and I, somebody. They said they are going to disrupting his entire family’s life, and who serve in this House, know good and name it, give it some honorific name. time after time, that was the story we well that this House is not going to put Mr. AL GREEN of Texas. If I may, I heard. $3 billion into bricks and mortar at a agree with the gentlelady. What I am I want the gentleman to know, we time when we have come to the floor to saying, I suppose, is the Walter Reed had all the brass before us as well. You talk about neglect of soldiers and vet- complex; building 18 is a part of the have never seen so much brass, the erans. hospital complex. Secretary of the Army. We had the So why leave it on the base closing Ms. NORTON. The base, yes. former commander at Walter Reed, list? Maybe it was a pipe dream that Mr. AL GREEN of Texas. The point is Kevin Kiley, who has been now kicked somebody had as long as they were that, on the facility that Walter Reed upstairs. He is the U.S. Army surgeon doing BRAC last year. Now has come claims as a part of it, building 18, the general. It actually was on his watch the time to revisit that decision, and I infamous building 18, we have these that most of these problems emerged. am very pleased to say to the gen- substandard conditions. These condi- We had the major general, George tleman that I have noted, reported in tions are conditions that we would Weightman, who was recently fired. He the press that Members in a position to hardly expect to find at a facility that had only been there 6 months, so he turn around that decision, our good is treating wounded persons, patients, was the fall guy it looks like. We had friend who is chair of the Defense Ap- persons who, quite frankly, can become the Vice Chief of Staff of the Army. propriation Committee, Mr. MURTHA; ill because of the conditions that they They all came. And, by the way, when his ranking member, Mr. YOUNG; Mr. have to exist in while they are they heard the testimony you just WAXMAN, chair of Government Reform, recuperating from their war injuries. spoke of, they harbored their apologies where these hearings were held; his These are the kinds of conditions I to the families sitting in back of them. ranking member, Mr. DAVIS; had all think the Washington Post, and I That’s the least they could have done. said, had all said in a bipartisan mat- thank the Washington Post for doing I do want you to know, I say to my ter, it is not the time to close Walter this, but I think that the Washington good friend, that when it came time for Reed. Post has done our country a great serv- me to ask questions, I focused on some- So here we are coming together at ice by calling them to our attention. thing I happened to know well, that least with something to do now to stop I would also mention this, if I may, Walter Reed in the middle of a war was the bleeding. Then, there are a number before I yield back. My heart was real- put on the base realignment closing of other things we have to do, but that ly torn when I saw persons giving their list. Think about this: Walter Reed is it seems to me is the minimum we can testimony at the various hearings that on the list of military installations to do. And there is a developing con- took place. I was very much hurt and be closed in the middle of the war on sensus; we hear the same things in the had tears literally well in my eyes terrorism and the Iraq war. We tried to Senate today at their hearings: At when I saw one of the family members keep that from happening. least let’s put, as we say in the law, an testifying about how a relative was Something very important has hap- injunction on closing this hospital. treated. And then to hear soldiers talk pened as a result of the testimony. I Mr. AL GREEN of Texas. Absolutely. about what they had to go through, the asked the generals, on second thought, And the bipartisan support for this is enormous amount of red tape, before don’t you think it would have been manifesting itself. I have noticed that they could be served. These kinds of best to postpone any notion that Wal- partisanship, while it still exists, par- conditions in the hospital as well as ter Reed would be closed, because that tisanship is not hopefully going to the conditions that are a prelude to sends a signal to staff, clinical staff, stand in the way of taking care of our entry into the hospital make it very staff of all kinds, that if you value veterans. difficult for our soldiers to appreciate your careers, this is not the place to It is my hope that, as we look at the promise that we made to them, the come? these conditions and we recognize what promise to provide for them if they is happening to our veterans as a result 1940 provided for us. If they made it possible b of being in these horrendous condi- for us to be secure, we made a promise And yet this is where you need the tions, to be quite candid, that we will to them to provide for them. It was best personnel in the world. And to the put aside the partisanship and we will very heart-wrenching to see the kinds man, each said, that should be re- do what we need to do to rebuild, re- of conditions, to hear the kinds of con- thought. And I want to say this construct Walter Reed. ditions, if you will, talked about with evening to my good colleague and You mentioned the closure of it at an reference to our soldiers. friend that I will be introducing tomor- inopportune time. Clearly, while we are I am hopeful that these conditions row a quite unusual bill to repeal the in a war, when our military hospitals will change. They have got to change. decision to close Walter Reed in order and centers are most needed, we should And they have got to change right to stabilize staff there, as a first step not, we should not close the crown away. I know that the gentlelady has to say to Walter Reed: We hear you. At jewel. That sends a bad signal to people other conditions that she would like to least we are not going to send the mes- around the world as well when they talk about, and I have other charts sage to your best personnel, leave this hear that what is considered to be our that I will be sharing as well. place as soon as you can. top military medical facility is going I will yield to the gentlelady. Mr. AL GREEN of Texas. And I would to close. So I am completely with the Ms. NORTON. I thank the gentleman gladly support the gentlewoman’s leg- lady; I support what she proposes to do. for those observations, indeed. Your islation. And I would also add this. We are notion that they have got to change I will tell you, I talked earlier about about to spend in Baghdad to construct and they have got to change now is the shot heard around the world. When a facility there, which is beyond the where we ought to be focused. You it was stated that Walter Reed would reach of this country in the sense that spoke about the heart-wrenching testi- be closed, that was the shock heard most Americans will never use it, and mony, by the way, testimonies under around the world. I think that that, we are going to spend millions, untold oath. Just like the brass was under probably of all of the closures that millions there because we have cost oath, so was the wife. She left her were to take place and are to take overruns. We just don’t know what we home, gave up her job to come be with place, I think that one probably pene- are running into as we are doing this, her husband, has been there for trated to the very heart and core of it seems. And it would seem to me that months, lost in the Never Never Land what a military service for veterans is we can direct some of these dollars, of, is he going to go out on disability? all about. make sure these dollars are used pru- Will he be returned to his company? Ms. NORTON. If the gentleman will dently and judicially. But there can be The man had been in the National yield. The Army, of course, said what dollars spent here for our veterans who Guard for 16 years, for goodness sake. it was going to do was to rebuild this are returning home who are going to If you are not going to tell him one massive new hospital in Bethesda. The need the best medical attention that way or the other what he is going to problem with that is that it is going to the world can provide.

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.088 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2282 CONGRESSIONAL RECORD — HOUSE March 7, 2007 And as further evidence, if I may, of conditions that merited attention were segue into this Washington Post com- what is happening at Walter Reed as not dutifully attended to. ment from March 5 of 2007. the gentlewoman has explained in Ms. NORTON. Would the gentleman This one reads that ‘‘the mold, mice terms that are quite clear, in the infa- yield on that point, to reinforce that and rot of Walter Reed’s Building 18 mous building 18, which is a part of the point? At the hearing earlier this week, compose a familiar scenario of many complex, a part of the complex. I have the generals testified that this was not soldiers back from Iraq or Afghanistan. another quote here from the Wash- for want of funds. The fact is that we Soldiers and veterans at other facili- ington Post, and this one speaks of life have given and will give more. If you ties report bureaucratic disarray simi- in building 18. It talks about how it is come here and you look at our Defense lar to Walter Reed’s indifferent, un- the bleakest homecoming for men and budget, I don’t think you will see that trained staff, lost paperwork, medical women whose government promised the Congress has been stingy in coming appointments that drop from the com- them, and we made a promise to our forward with the funds to do what is puters, and long waits for consulta- soldiers; we promised them, we com- necessary, at least to keep these kind tions.’’ mitted to them that: If you go and de- of shameful conditions from taking Now that kind of treatment is some- fend the country, you go to war, put place. And the fact that you see top thing that cannot continue. The bricks yourself in harm’s way; if you will put flight medical care at Walter Reed and mortar, we have to deal with, and yourself in harm’s way and defend this itself says that, when the doctors are I believe we can deal with that. But we country, we will take care of you when in charge, when the nurses are in also have to make sure that the com- you return. charge, things are fine. puters work. We have got to make sure And this is from February 18, 2007. The leadership that you speak of, the that persons have adequate staffing According to the Washington Post, this leadership to deploy the funds cor- available to them at hospitals so that promise of good care in return for their rectly, the leadership to make sure they can receive the kind of attention sacrifices, they returned home to the that our soldiers have a seamless re- that they merit and deserve. This problem is systemic, as the bleakest home coming that the govern- covery so that, when they are in gentlelady explained, and I think that ment could have provided given that aftercare, they know they are recov- we have to take a systemic approach to this promise was made. ering because they are treated in ex- dealing with it. If we only focus on I am going to yield to another col- actly the same way they were treated Walter Reed, then I think we miss league who has joined us. But it also in the hospital. something important, an opportunity goes on to say that, and this is a quote: Yes, you are right, I say to my good to look at the entirety of what we are ‘‘I hate it,’’ said a soldier, who stays in friend and colleague who knows first- confronting and to take corrective ac- his room all day. ‘‘There are cock- hand that whatever the doctor is able tion, not for one circumstance but for roaches.’’ This is for our veterans. to do for you in the hospital can vir- all circumstances that we find our- ‘‘Cockroaches. The elevator doesn’t tually evaporate if the kind of care selves confronting at this time. work. The garage door doesn’t work. that is necessary is not given after re- Let’s not let any aspect of this es- Sometimes there is no heat and no lease from the hospital. cape. While we are dealing with it, let’s water.’’ No heat and no water in a fa- I would be glad to yield to the gen- deal with it in its entirety. cility for our veterans. tleman. And I would yield to the gentlelady. I think it is appropriate to get a re- Mr. KAGEN. Every physician, every Ms. NORTON. I appreciate that the sponse from the gentleman from Wis- nurse, everyone on the floor at Walter gentleman has yielded, and the con- consin, Mr. STEVE KAGEN, if he would Reed is doing their personal best to trast he is drawing between the bu- care to add to this discussion. take care of the soldiers, and they are reaucracy and the in-hospital care. Be- Mr. KAGEN. Thank you very much getting great care. cause when you see conditions like for leading off and expressing the view b 1950 this, here are some more direct com- of one brave American soldier. munications. Mr. AL GREEN of Texas. And if the But the thing I find extremely upset- Now, to be fair, I want to stress, and gentleman would yield one moment, I ting, on the night of the State of the the difference between the Washington might also add that the gentleman is a Union address, my wife, who is a nurse, Post and these communications is we medical doctor and is imminently was in town. She is president of the so- have not verified these. We don’t want qualified to talk about issues of care cial organization for the spouse’s club to say in any way that we doubt them, for our soldiers. of the freshmen class, both Democrats but we do want to say what the dif- Mr. KAGEN. Thank you very much. and Republican; and she went to Wal- ference is. But what we are talking about is not ter Reed on a fact-finding tour to see Nevertheless, people have felt they bricks and mortar. The buildings didn’t that the soldiers were getting all the had to tell us what they felt and what fail. The windows didn’t fail. The fur- care and all the prosthetic devices that they knew. And here you see, again, nace didn’t fail. It was a failure of lead- they required. another part of the country, the other ership and, really, a failure of this ad- Well, they gave her the company end of the country, Fort Irwin in Cali- ministration. It adds yet another fail- tour. They didn’t give her a tour of fornia. ‘‘The room was swarming with ure to the long list of failures. After Building 18. And come to find out, ac- fruit flies, trash overflowing and a sy- all, this current administration, would cording to testimony revealed, that ringe on the table.’’ you not agree, has failed to secure our Lieutenant General Kevin Kiley knew Please remember, all that we are Nation, our borders, our ports. It has about these conditions as far back as hearing about physical conditions is failed to strengthen our middle class. 2003, when one soldier reported that the emblematic of an invisible bureaucracy It has failed even to educate our chil- conditions were extremely poor and he that is much worse. dren. But, most importantly, for all wasn’t getting what he needed. Or Fort Knox, again, in Kentucky. the brave Americans who have put So I have the opinion, as a physician, ‘‘The living conditions were the worst I themselves in harm’s way, this admin- and having years of experience of car- had ever seen for soldiers, paint peel- istration has cut and run from them at ing for thousands of military veterans, ing, mold, windows that didn’t work. I their military hospital, the Army hos- that if they had our back covered dur- went to the hospital chaplain to get pital at Walter Reed. ing conflict, we must not let them them to issue blankets and linens. It is a disgrace. And it is not about down. We have got to cover their back There were no nurses.’’ bricks and mortars; it is about failed when they come home. Again, this one, however, these are leadership, something that this Con- Mr. AL GREEN of Texas. And I might from the Washington Post. But these gress, the 110th Congress, can turn add also, in terms of covering their they haven’t verified, but they haven’t around and will as we already have. backs when they come home, that gone out there. Mr. AL GREEN of Texas. The gen- these medical facilities, not just Wal- I do want to say that when you talk tleman makes an excellent point. Be- ter Reed but others, are experiencing to the soldiers, as I did, and here I will cause ultimately people make deci- some concerns that we have to talk quote one of them. He said, ‘‘Congress- sions, and somewhere along the way, about as well, which can be a great woman, these people need help.’’ They

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.091 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2283 did not even criticize the workers in tape as they try and secure the benefits measure a person’s or an administra- the bureaucracy. Their sense was that they have earned in the VA system. tion’s values based upon how they they were overwhelmed. One of the things that you have men- spend their money or our money, and We are talking about an invisible bu- tioned, that we are holding hearings on this administration was seeking to cut reaucracy, a bureaucracy, for example, this, and tomorrow we are having a $3.8 billion from the health care of vet- that when you have lost an arm and a hearing on Walter Reed and how it im- erans. They were asking our veterans, leg, maybe both of them, will keep you pacts other veterans’ facilities. We are who have put their lives on the line, to waiting months before you can find out holding these hearings to investigate pay for the benefits they have already whether you are going out on disability this problem, and we are going to do owned. Those are not the values of the or whether you are going back in some something about it. people I represent in Wisconsin. I am form or fashion to the Army. I think the people are sick and tired sure they are not Arizona’s values ei- And the gentleman has talked about of seeing the way that our troops are ther. lost paperwork, computers that don’t being treated, and I really welcome And the other question: Whose side talk to one another. The life of one sol- this discussion and the discussions we are we on? Well, the current adminis- dier can be on 27 different computers. are going to have with these investiga- tration is choosing to help the politi- The computers don’t talk to one an- tions and oversight hearings. cally connected, private, inside con- other. Therefore, nobody can talk to Mr. AL GREEN of Texas. Mr. Chair- tractors, not just in Iraq but here at the soldier. man, I want to thank you for taking home at Walter Reed, rather than the I have suggested that we have to go the time to come to the floor. Your wounded who seek the best care pos- with this in long-term, short-term as leadership is invaluable on this type of sible. This administration, in my view, well as long-term ways. One short-term concern. We want the country to know has chosen to help insurance compa- way would be every soldier needs his that you will be there for our veterans, nies and pharmaceutical companies own advocate, so that, while we are fix- and we are going to make sure that it rather than our hardworking families ing it, you never feel you are lost. is fixed. We have a short-term solution, and the senior citizens that I take care There is somebody you can always go but we have to also have a long-term of in Wisconsin who cannot afford their to. vision, and I greatly appreciate your prescription medication. I don’t believe I would be glad to yield to the gen- taking the time. the values of this administration re- tleman. I yield back to the chairman. flect those of the American public, and Mr. AL GREEN of Texas. If I could, Mr. MITCHELL. Can I add one other that is why I think I got elected to this before you yield to the gentleman, let thing? And I think this is very impor- Congress, to bring a positive change. me just say this. We have had another tant. What you see at Walter Reed is a symp- person to join us, and I think it appro- We just introduced this last week the tom of a bigger problem in the White priate that we announce the presence Dignity for Wounded Warriors Act; and House. of the subcommittee Chair on Over- this is to look at the long-term effect, Mr. AL GREEN of Texas. Mr. Speak- sight and Investigations, and I am con- not just of what is happening right er, I thank the gentleman for his obser- fident that he will have much that he now. vations. is going to share with us. The Dignity for Wounded Warriors And I think that we are very fortu- I just want the Members to know Act of 2007, we introduced this to en- nate that your State of Wisconsin has that he is with us tonight, and that sure that injured soldiers returning sent you here with the vision that you would be the Honorable Harry Mitch- from Iraq and Afghanistan receive the have. And I believe that you are going ell, who is from the great State of Ari- care they deserve. It sets the standard to be a very valuable Member of this zona. And because he is the Chair of of care for our wounded. It sets the House. The contributions that you the subcommittee, I feel it my duty to standard for military medical facili- have already made have made a dif- yield to him at this time, after which ties, and it cuts through the red tape ference, and we thank you for your we will continue. Mr. Chairman. our wounded and their families have to presence. Mr. MITCHELL. Thank you very navigate through. I will now yield again to the gentle- much, and I appreciate that. So we are looking at not just now woman because I know that, given she What has been discussed here are the but, as you said, this is a long term, is from the District of Columbia and conditions at these hospitals, other and I think we are going to address Walter Reed is in her district, that she hospitals and the ones that you have that with this Dignity for Wounded has some additional points to make. mentioned over here; and it is abso- Warriors Act. I am very excited about Ms. NORTON. I appreciate the gen- lutely unacceptable for any official to that, and I think when you see this tleman’s yielding. And I also appre- have had knowledge of the dilapidated come to the floor this will have over- ciate hearing the Wounded Soldiers conditions at Walter Reed, only to stay whelming support. Act. That looks like the thinking on silent and do nothing. They must be Mr. AL GREEN of Texas. I thank the that even predates some of what has held accountable. chairman for his vision. been revealed here. This Congress went for years without I would now yield to the gentleman You will notice that the President conducting any oversight whatsoever. from Wisconsin, Mr. KAGEN. has appointed a commission. It is a bi- And the American people sent us here Mr. KAGEN. Thank you very much, partisan commission. It has two chairs to do a job. The American people sent and thank you for being there to ask that I think everybody would respect, us here to get to the bottom of this. the tough questions. Donna Shalala and former leader Dole. That means asking the tough questions What I think the American people We often have tried to get commis- and leaving no stone unturned to make have to understand is that there has sions, and I would applaud the appoint- sure that this never happens again. been a positive change and a new direc- ment of a commission largely because The problems at Walter Reed cannot tion in this country and in this 110th a commission, as I understand its be fixed with new drywall and paint. Congress. You are looking at two new charge, will look throughout the coun- Inadequate outpatient care and con- Members of the Class of 2006. It is the try and not focus simply on the crown fusing, time-consuming bureaucracy class I call America’s hope. jewel and will look at the bureaucracy can impact soldiers throughout their and not simply at the peeling walls. entire life. We owe it to our soldiers b 2000 But I want to stress again, these sol- and veterans to understand how this It is America’s hope that we intend diers need relief now, people. If you go systemic failure could increase their to represent. into Walter Reed and say, ‘‘Don’t you needs in the future. But I think everyone watching to- worry, this bureaucracy, we are going One of the things we are finding out night and everyone in America must to fix,’’ I can tell you if you are going is that the problems in the military really be asking themselves several to fix a bureaucracy where the com- medical system extend far beyond di- questions: What are these people’s val- puters don’t talk to one another, you lapidated buildings. Too many soldiers ues, and whose side are they on? Things are going to be fixing that for years to are finding an endless stream of red have changed in the 110th. I think you come.

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.093 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2284 CONGRESSIONAL RECORD — HOUSE March 7, 2007 We have got to be able to say, it erans, will appreciate immediately. closing comments to make. If I may, I seems to me, before we go on April 2 to They shouldn’t have to look through will start with the medical doctor, the spring break, this we have done. I an- walls and see bathtubs above them. first-term Congressperson who has al- ticipate you will see some of it in the They shouldn’t have to cope with the ready made a difference by being here Defense supplemental. Some of it will conditions of mold that can, in and of and who has shared an infinite amount be money. Some of it will be language. itself, become another problem for of intelligence with us. I say that without even knowing, but I them. So I am hopeful that we will see I yield to the gentleman to please know how concerned the Congress is. some immediate change right away. give closing comments so we can hear And I really want to bring the ulti- And I believe that the chairman is from the other speakers as well. mate analogy here, and that is to say, still with us, and I would like to have MR. KAGEN. Mr. Speaker, during the remember Vietnam and the Vietnam the chair give his response to what we past 12 years, our opposition party, veteran. How many Vietnam veterans are talking about with reference to im- during their power, during their con- are homeless today, feel the terrible mediate change. trol of Congress and our budget, the neglect of that war? They were draft- Mr. MITCHELL. Absolutely. And I veterans budget for the VA health care ees, but the price they have paid. And, think that the changes that you men- system fell by 12.5 percent on a per per- of course, these are volunteers, which, tioned are ones that can be done imme- son basis. This is at a time when they by the way, in a real sense means we diately. But this has been a problem took us to war based on lies and decep- really owe them because they have that has been overlooked for so many tion, based ultimately on poor judg- stepped forward on their own. But in- years. And I believe, because I have ment, based on a time when there will creasingly the Vietnam analogy is heard from other people, that there are be 263,000 of our Guardsmen and Army used, and that analogy has some valid- other buildings out there besides build- Reserve coming home and needing the ity. The part of it that we must see ing 18. That is not the only one. I think care that they need. does not obtain is the part that relates this is just symbolic of a health care This is not the time to reduce the to how the Vietnam veterans were system that is not only part of the De- veterans health care budget. This is a treated. That must be the end of that. partment of Defense but also I think it time for Democrats and Republicans We must show with this war that there probably, and this is what we need to across the aisle to work in a bipartisan will never be a Vietnam when it comes look into, may spill over into veterans’ way, to come together and move up our to treatment of the wounded and treat- care, the Veterans’ Administration. performance, not to deny that it exists ment of veterans. And that day begins What we need to do is to make sure at all. now. And we don’t have a lot of time. that there is a seamless transition This thing again from Walter Reed This is March. We have a few weeks from those in the military to the Vet- was a terrible, terrible blot on what before we go out. I think we can do it. erans’ Administration. That is one of otherwise would be a tremendous We may not pass the supplemental be- the things that we are looking into health care system, the veterans fore then, but it does seem to me that now to make sure that all of those health care system. we are going to come forward when I tests and all of the applications that Mr. AL GREEN of Texas. Mr. Speak- hear all of the concern with short-term people went through and all the paper- er, we will hear from our chairman at solutions so that the soldiers at Fort work and red tape and bureaucracy this time. Irwin, at Fort Knox, at Walter Reed they went through when they were at Mr. MITCHELL. Mr. Speaker, just and in your respective districts can Walter Reed or any other military fa- one last thing. We looked at the condi- know that help is not only on the way, cility, they don’t have to repeat it tions, the physical conditions of these it is coming, it is galloping their way. when they go on to the veterans’ hos- facilities that have brought this to Mr. AL GREEN of Texas. Absolutely. pital. We don’t want that to happen. light. Maybe it is good that these prob- And such that they can see it imme- And it has been estimated that there lems are coming to light, so we can is going to be over 700,000 veterans of diately, if not sooner, because you real- take a look at not only the military fa- the global war on terror. And when this ly don’t need a commission to kill cilities, but also the veterans facilities. is over, it is going to flood the VA sys- roaches. You really don’t need a com- But I think what we found is that the tem. And we have got to make sure mission to go over and take care of a problems in the military medical sys- that because we take care of these new mold problem. You don’t need a com- tem, and probably the veterans as well, veterans that we don’t forget, as you mission to repair doors, to make sure go far beyond dilapidated facilities, have said, the older veterans, those that the water runs and that it is hot. and I think you are going to find as from Vietnam, those from Korea, and You don’t need a commission to do the you talk to these soldiers and their the few that are still around from little things that make a big difference families that one of the things that is World War II and beyond. We have got important is that the endless stream of in the life of a patient in a hospital. to make sure that we have the re- So it would seem to me, and I com- red tape and trying to secure benefits, sources available, not only people but mend the President for appointing the this has been a strain, not only on money, to take care of the new vet- commission, that while commissions these individual soldiers, but the whole erans that are coming on, and we need have their role, there are things that to plan for that. And I think there has family. can be done immediately that they can So one of the things we are looking been a real lack of planning for what is see such that they will have confidence at, and I think that is so important going to happen with the huge number that the committee is going to do its with the Dignity for Wounded Warriors of soldiers that are coming here. work because right now there probably Recently it was reported that, in Act, is we are not only taking a look at is a failure of confidence in what the World War II, for every soldier that the standard of care and the medical commission may ultimately conclude was killed, there were two wounded. facilities themselves, but also how im- because we live in a world where it is Today, and I think this is important, portant it is to look at the red tape. not enough for things to be right; they when we try to measure what is going Mr. AL GREEN of Texas. Mr. Speak- must also look right. And it doesn’t on in Iraq and we talk about the num- er, I yield to the gentlelady from the look right to have a commission study- ber of fatalities, for every fatality, District of Columbia, who has been a ing a problem when roaches are run- there are 16 that are wounded. real fighter for veterans in this Con- ning across the floor. So we ought to gress. get in there as quickly as possible and b 2010 Ms. NORTON. Mr. Speaker, I thank allow the people who can do these little This is going to put an extreme pres- the gentleman for yielding, and let me things that make a big difference in a sure on the military medical facility as thank him for his leadership on what I person’s life, give them the oppor- well as the veterans. That is what we think has been a very informative spe- tunity to make some change, imme- have got to be prepared for, and that is cial hour about our veterans. diate change, that the patient can see. what we have to be looking for in Just to pick up on what my two col- I think that this infamous building 18 terms of the future. leagues have said, the chairman is one that can receive the kind of at- Mr. AL GREEN of Texas. Mr. Speak- stresses that we are talking about vet- tention that these soldiers, these vet- er, I know each speaker will have some erans as well as military matters. The

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.094 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2285 best example at the hearings was the units are being forced to confront cock- seems to include a total disregard for the serv- decision that the poor soldier has to roaches, mice droppings and toxic black mold ice members who are returning home bearing make about whether to take his vet- as they heal. Even worse, many become lost the scars of the conflict. erans benefits or his DOD benefits and in an uncaring military bureaucracy that sub- Mr. Speaker, our soldiers have done their how difficult that decision is, and how jects them to long waits just to get their most duty. Now we must truly support them, not by some of them are just driven crazy basic needs addressed. blindly continuing a failed policy, but by getting about how you arrive at that decision, The administration is now scrambling to them out of harm’s way. We will continue to since the amounts can be very dif- control the damage from this scathing expose´ insist that our service members receive the ferent, the kind of decision where you of its neglect of our wounded warriors. Almost health care they deserve. We will continue to need somebody holding your hand all as distressing as the conditions at Walter hold oversight hearings about the conditions the time. Reed is the fact that it took a report from the faced by our wounded service members and My colleague talked about poor judg- Washington Post to get the administration to veterans at Walter Reed as well as at other ment from the beginning when we went address this unacceptable situation. We now military and veterans health facilities across to the invasion and now when we see know that our wounded warriors have been the country. But the best way to support these soldiers coming back home. I indicated complaining about these problems for years, brave young men and women is to begin a earlier that a colossal example of poor not just at Walter Reed but at military hos- fully-funded withdrawal. Let’s really support judgment was closing the premier mili- pitals and outpatient facilities across the coun- our troops by giving them the equipment and tary hospital in the middle of a war. try. Their pleas, however, seem to have fallen supplies they need to get out of Iraq safely in If I could just quote in closing from on deaf ears. We owe a debt of gratitude to the next 6 months. Vice Chair Cody, who testified before the reporters and editors at the Washington f us at the Oversight and Reform Com- Post for uncovering this abominable situation GENERAL LEAVE mittee hearing: ‘‘You are trying to get and forcing this administration to act. the best people to come here to work, Time and again, when those of us who op- Mr. AL GREEN of Texas. Mr. Speak- and they know in 3 years that this pose America’s involvement in Iraq stand up er, I ask unanimous consent that all place will close down and they are not and question why our brave men and women Members have 5 legislative days to re- sure whether they will be afforded the in uniform must fight and die in a war of vise and extend their remarks and in- opportunity to move to the new Walter choice, we are accused of ‘‘not supporting the clude extraneous material on the sub- Reed National Military Center. That troops.’’ But, Madam Speaker, supporting the ject of my Special Order earlier to- causes some issues.’’ troops is about more than lip service. The hy- night. Well, as I have said, we are not going pocrisy and irony of the situation at Walter The SPEAKER pro tempore (Mr. to give $3 billion for bricks and mortar Reed is scandalous and immoral. The same BOREN). Is there objection to the re- in the middle of a war anyway, so that administration that hides behind the troops to quest of the gentleman from Texas? is why I am introducing a bill tomor- avoid changing its policy in Iraq is guilty of There was no objection. row just to send the signal that we are abandoning the very men and women who f not going to close this hospital. must make the sacrifices required to carry out CONGRESSIONAL IMMIGRATION Mr. AL GREEN of Texas. Mr. Speak- this failed policy. CAUCUS er, I thank the gentlelady for her vi- The sheer audacity of the administration’s sion as well. rhetoric in comparison with its actions is stag- The SPEAKER pro tempore. Under Let me close by saying this to my gering. The administration trumpets its support the Speaker’s announced policy of Jan- colleagues and friends: we are not talk- for the troops but then, in the next moment, uary 18, 2007, the gentleman from Cali- ing about what we call a Third World sends them into battle without the proper train- fornia (Mr. BILBRAY) is recognized for country when we talk about Walter ing and equipment. The administration says it 60 minutes. Reed and the facilities. We are talking supports the troops, but then falls short in pro- Mr. BILBRAY. Mr. Speaker, welcome about the richest country in the world, viding them with a safe environment to heal to the chair. I hope you enjoy your du- a country where we can spend $177 mil- the wounds they received while fighting so val- ration up there, as many years ago, it lion per day on the war, and that was iantly and selflessly for our country. must have been 1995, I had the privilege prior to January of this year. Now we Thousands of our brave men and women of my first time in the chair. I hope spend over $200 million, not per year, serving the administration’s failed policy in Iraq you enjoy it as much, and I hope every- not per month, not per week, but per have paid a heavy price. Since March of 2003, body at home is watching you in your day on the war. A country where one 23,677 service members have been wounded day of glory. out of every 110 persons is a million- in Iraq. Our military and VA health care sys- Mr. Speaker, I yield to the gentleman aire. tems are ih crisis, apparently unprepared for from Iowa. In this, the richest country in the the influx of casualties that war unavoidably Mr. KING of Iowa. Mr. Speaker, I world, where our soldiers and our vet- creates. These health systems have been thank the gentleman from California erans have made it possible for us to overwhelmed by troops returning from battle for yielding. have these riches, these liberties, I seeking health care and, in many instances, I feel compelled to respond to many think that we have to provide better are unable to provide these men and women of the remarks that have been made services for them before, during, and with the services they so desperately need. It here on the floor about the condition of after any injury that they may receive. is estimated that in the coming years over the health care treatment for our vet- So I am honored that we had the 700,000 veterans from the wars in Iraq and erans. I won’t deny that there were un- time tonight. I want to thank the Afghanistan will enter the military and veterans acceptable conditions in Building 18. I Speaker for allowing us to have this health care system. Yet, because of Repub- don’t believe there has been any empir- time tonight. lican budget cuts, many of our brave soldiers ical data or quantifiable information Mr. CONYERS. Mr. Speaker, I want to are returning home with mental health ail- that says it has gone beyond some of thank Congressmen AL GREEN and FRANK ments to discover that they will receive a third the rooms within Building 18. PALLONE for arranging this Special Order hour. fewer psychiatric visits than they would have But I know when I go out to Walter Today I rise to register my concern about the just 10 years ago. Reed and when I go to Bethesda and conditions at Walter Reed Army Medical Cen- The number of soldiers navigating the bu- when I go to Landstuhl and I look ter and to show my support and dedication to reaucracy of Walter Reed since 2001 has those people in the eye that are there increasing the quality of health care services, nearly doubled, yet the administration con- every day with compassion fatigue that for our veterans as well as our men and tinues to move forward with the planned clos- are giving their heart and soul and ev- women in uniform. ing of the hospital. The president’s budget erything they have for the health care The Nation has been horrified by the Wash- continues to shortchange veterans’ health interests of our brave soldiers who ington Post’s recent reports of the appalling care, providing an increase in fiscal year 2008 have been wounded defending our free- conditions at Walter Reed Army Medical Cen- but then cutting the budget in fiscal years dom, a lot of that freedom and a lot of ter. Thanks to the diligent investigative report- 2009 and 2010 to below the 2008 level and that mission have been opposed by the ing of Dana Priest and Anne Hull, we now freezing the funding level thereafter. The ad- people on this side of the aisle, there is know that our soldiers recovering in outpatient ministration’s lack of planning for the war a strong commitment in all of those

VerDate Aug 31 2005 04:54 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.095 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2286 CONGRESSIONAL RECORD — HOUSE March 7, 2007 hospitals by the personnel that are Just as the overall immigration issue child delivery with no complications there. They work long hours, and they has many facets, so does the issue of costs approximately $2,720. Now you give the best service with everything birthright citizenship. First of all, multiply that figure, and probably my that they have. And I will agree that there is the question of, how do you State’s cost is less than the national there is a bureaucratic problem and we solve the problem? The real difficulty average, but you multiply that by the ought to find a way to put some soft- comes from the fact that the current 383,000-plus births every year, and you ware in place and put a system there so interpretation is based on an interpre- can instantly see that just in that ini- we can track patients and they don’t tation of the language of the 14th tial health care delivery cost, it is a get dropped from the system and they amendment. very significant sum. can be expedited through with the Many legal scholars believe that the But what does birthright citizenship most efficient and high-quality care intention of the 14th amendment, then also do to our system? First of all, possible. which had as its primary purpose to in 1996, when we passed the Immigra- But this being an issue that is being settle the issue of citizenship for indi- tion Reform Act, one of the things that stampeded and run up the flagpole goes viduals who were formerly slaves, has many people have bragged about was a beyond trying to fix the problem. It is been perverted to extend it to birth- provision that said in general terms an effort to try to undermine the mis- right citizenship for anyone born on that if you are illegally in this coun- sion of our soldiers overseas, and I American soil. There are certainly le- try, you are not going to be entitled to think that is deplorable, Mr. Speaker. gitimate arguments that can be made any social benefits other than edu- So I stand with the people that serve on both sides of the issue. But the one cation at the elementary and sec- America, those that put their lives on that I think focuses most clearly on ondary level and emergency medical the line, those that have lost life and whether or not it was the intention of care. limb. I stand with the people who stand the writers of the 14th amendment to Now, we make a mockery of that by there and help them. And we need to be include this issue is demonstrated in virtue of birthright citizenship because supportive and encouraging and fix the the language that comes out of the de- even though we say we are not going to problems we have and remove the poli- bates that surrounded the adoption of extend those social services, by giving tics from this debate. that amendment. a child of an illegal immigrant citizen- I yield back to the gentleman from The reality is, though, that many of ship status, you immediately have California. the court cases upon which people rely TANF, Aid to Families With Dependent Mr. BILBRAY. I appreciate that, Mr. today to say that we automatically ex- Children, whatever term you call it in KING. tend citizenship to anyone born on our your community, those kinds of wel- At this time it is my privilege as the soil regardless of the legal status of fare social benefits flow through the new chairman of the Congressional Im- their parents, comes from a day and a child. There are also food stamps and migration Caucus to actually recognize time when the United States did not housing subsidy benefits, and who are Congressman NATHAN DEAL of the have immigration laws in place, did you going to deliver them to, a new great State of Georgia, who actually not have in place laws that distin- child? Of course not. Those social bene- has agreed to serve as the sub- guished between those who were le- fits in the form of cash and other indi- committee chairman on the Immigra- gally in our country and those who cia of benefits flow through the hands tion Caucus for Birthright Citizenship. were not. We, of course, now live in a of the illegal parents. At this time I yield to the gentleman day and a time when those laws are in And are you going to deport the par- from Georgia. place, albeit they are not very well en- ents, an illegal immigrant who has Mr. DEAL of Georgia. Thank you, forced most of the time. given birth to a child who is a United Mr. BILBRAY. But what is the cost of this issue of States citizen? I say you probably are Mr. Speaker, as we approach this birthright citizenship? I think there is not, and the statistics bear me out. topic of dealing with the ever-increas- a legitimate argument that can be So I would simply say, Mr. Speaker, ing problem of illegal immigration in made to say that birthright citizenship if somebody is concerned about these this country, it is certainly one with is one of those magnets that contrib- issues, the next time they have to wait many facets. But the one that I would utes to illegal immigration in the first in line in the doctor’s office or in the like to address briefly tonight is the place. Consider the latest statistics hospital or in the waiting room of the issue that relates to birthright citizen- from the Center for Immigration Stud- emergency clinic, or the next time that ship. Let me define it, first of all. It is ies in which they say that there are ap- they are in the grocery checkout line the extension of citizenship to any proximately 383,000 children born every and somebody is paying for food with child born on American soil, regardless year to illegal immigrants. That is, food stamps and it is fairly apparent of the legal status of the parents of about 42 percent of the births to all im- that they are not legally in this coun- that child. migrants in this country are to illegal try and you want to know why, the The United States does just that. But immigrants to this country, and that why lies in birthright citizenship that we are in an ever-increasing minority births to illegal immigrants now ac- is being granted to a child of that ille- in the world community. Currently, count for one out of every ten births in gal immigrant. there are approximately 141 nations the United States. One out of every ten Now, as I say, we are in the distinct that do not grant birthright citizen- children born in this country is being minority in the world community of ship. born to someone, a parent, who had no continuing to allow this practice to legal right to be here. occur. I, along with Mr. BILBRAY and b 2020 What are the financial costs associ- Mr. KING and many others in our con- And there are only about 35 countries ated with it? We all know that illegal ference, are authors of legislation that that do, the United States being one of immigration in and of itself places would attempt to correct this serious those. In fact, every country in Europe huge financial strains on local govern- problem that we have. no longer grants birthright citizenship. ments in providing education, in pro- Many who would dispute whether or Ireland was the last of those countries, viding health care, and on State gov- not this is a part of the magnet that and in 2004 by popular vote, they no ernments in the same way, and also on draws people into our country and to longer grant birthright citizenship. the Federal Government. cross our borders illegally should take Israel doesn’t, Japan doesn’t, virtually The Center for Immigration Studies reference to a statement contained in every country on the face of the earth found that the cost to United States one of the publications from the De- with the exception of the United States taxpayers for the cost of illegal immi- partment of Homeland Security. I have recognized that the right of citi- gration is approximately $10.4 billion a would like to read from that publica- zenship is indeed one of the most pre- year. And a large part of that cost is tion. It says, ‘‘An industry has devel- cious rights, and it should not be ex- attributable to babies born to illegal oped around this practice,’’ that is, tended to those who have broken our immigrants. crossing the border illegally specifi- law and who are illegally in our coun- In my State of Georgia, for example, cally to give birth, ‘‘with travel agents try. I am told that a non-Caesarian section specializing in birth tours and clinics

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.096 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2287 providing post-natal care, which in- now going to be drafted into the United I grew up in an area where illegal im- cludes transportation services. For States Army? People would come un- migration was just sort of a matter of those seeking entry into this country, glued. They would say that is inhu- fact. You saw people going north, and I it is a small price to pay for legal entry mane, that is outrageous, how can you got to tell you, as a young man, you and social benefits that accrue with do that. Well, it is just as outrageous never knew where they were going. citizenship.’’ to give automatic citizenship to the They were all going to a place called So our own Department of Homeland people that have no obligations and no L.A. or norte, norte, and you never un- Security acknowledges that it is indeed responsibility to the Federal Govern- derstood what was the impact in the one of those magnets that causes us to ment, to give them citizenship, as it is communities beyond the border. have a problem with illegal immigra- to require them to be tried for treason But, seriously, I think the one thing tion. against the United States or to serve in that I would ask those of you that live In 2002, it was reported by the Los the military when they are not, quote, beyond the border, you do not see on Angeles Times in a study that they did unquote, subject to the jurisdiction in the border, like those of us that grew looking at South Korea, and what they a manner that applies to the 14th up there, I happen to have had the found was that since South Korea al- amendment. privilege to serve as a life guard in a lows dual citizenship, that is both This thing we have to understand, small community on the border called South Korea and United States citizen- that rights and responsibilities come Imperial Beach. In that job, I had the ship, for a child born in the United together, and as these legal Korean experience of rescuing illegals when States, they found that South Korea tourists come to our country, they they were drowning in the Tijuana was hosting these so-called birth tours have certain rights and certain respon- River. I recovered their bodies when which were intended to bring pregnant sibilities, but they do not have total they did not make it, and in the 1980s, women to the United States so they responsibility, and thus they do not some of you may not remember a thing could deliver their child here and that have birthright citizenship. called the bonsai charges, where the I think that is a clause to get into. I child would be a United States citizen. coyotes, the smugglers, would organize just wish that the people who would be illegals into huge groups at the border b 2030 as outraged about us drafting a Korean and rush them up the freeway. Now, they probably returned back to tourist or trying them for treason will I would just ask any of you to con- South Korea with that child. So what be just as outraged about the people sider what your reaction would be if would be their motivation? Well, first leveraging and taking advantage of our you were driving along at 65 miles an of all, they would be entitled to the hospitality and then trying to demand hour, 55, and you saw massive pedes- benefits of American citizenship, but rights where the rights obviously do trians running at you on the freeway in another added advantage, since South not exist historically or in fact. a manner that you do not have a Korea is a country that requires uni- I appreciate the fact that you took a chance to stop. Well, let me tell you versal military service, it is a way of leadership role on this after I got my 5- something. After seeing what happens excluding that child from the require- year sabbatical that the voters gave when somebody gets hit by a vehicle at ments of South Korea that they be in- me from Congress. You picked up the 55, 60 miles an hour, I became com- ducted into their military services. So baby and actually carried it, and I real- mitted as a member of the county it has consequences, not just to us, but ly appreciate that and your leadership board of supervisors in San Diego to fi- to some of our allies such as South will be appreciated. nally say stand up and say this is Korea. It is astonishing that back in the 1990s when we first brought up this wrong, this is immoral, this is out- So I would simply thank Mr. BILBRAY for the time you have allotted me to- issue, some people were saying, well, rageous. night to speak on this issue. Hopefully, what is this issue. But more and more Americans should be ashamed that we will see some action on this issue of when you go talk to the American peo- we do not control our frontier, that we birthright citizenship. It can stand ple, they want to know what has kind do not guarantee our sovereignty on alone, or it can travel as a part of a of been tagged this, what they call it, U.S. soil. And the immigration issue is ‘‘anchor baby’’ issue because they see more comprehensive immigration re- an issue of sovereignty. It is a concept this huge open door for abuse. form package; but I submit that unless of protecting the land that our fore- In California alone, I want you to fathers have given to us and also pro- we address this problem, it is only know and I just say this to the people, going to get worse. It is going to only tecting those rights and those privi- how big a problem, how big a price tag leges that should and can be rendered magnify the ever-increasing problem of can automatic citizenship to foreign illegal immigration, and I would urge to those who are citizens and legal resi- nationals and illegal aliens can be. How dents. my colleagues to join with me and you big can it be? Just in California, it and Mr. KING and others in sponsoring But, sadly, we have found excuses to costs the State of California to pay for look the other way. Be it political cor- the legislation that we have tailored to the births of the children of illegal try to address this problem. rectness or some sick concept that en- aliens $400 million a year, and that is a couraging illegal activity somehow is Mr. BILBRAY. Mr. Speaker, I would price tag to people who are illegally in like to say thank you very much to Mr. going to be good for America, it is sad the country. that we allow not only illegal immigra- DEAL for taking a leadership role on Let us face it, that $400 million could tion but all the illegal activity that this issue. It is quite appropriate you sure provide a lot of basic health care happens along the border. are pointing out how broad the prob- to legal Americans, both immigrants lem is of this automatic citizenship and U.S. citizens, that is being denied I am really encouraged, though, to given to people that have no obliga- those people of need, while we accom- see colleagues like the gentleman from tions, no responsibilities, and are modate those who have broken our Georgia and Mr. KING, people from the leveraging the fact that some people laws and their families and encouraged interior, that get it, that understand think that everyone born on U.S. soil them to emigrate. that the immigration problem is not somehow gets automatic citizenship. So I thank you very much for taking something at the border that can only The fact is I think that the Korean par- this leadership role, and I greatly ap- be addressed at the border, but is some- ents are a good example. preciate the fact that Georgia is rep- thing that is in our neighborhoods The subject to the jurisdiction clause resented on the Immigration Caucus, every day; that it is on the street cor- of the 14th amendment does not only and that is a great advantage for us. ners, we see it every day; and that the mean that you can be arrested. It Thank you very much. American people, though they have means that you must, according to Mr. Speaker, I have the privilege to been ignored on this issue for too long, common law, be totally obligated. You serve on the Immigration Caucus, and are saying we are going to hold both must be able to be tried for treason and as someone who grew up on the Mexi- parties accountable if you do not ad- be forced into the military. can border between San Diego and Ti- dress that. Can you imagine if these terrorists juana, I saw this issue as it has evolved I think in all fairness, as a Repub- from Korea were told, sorry, you are over the last 45 years. lican, I think we can all agree that a

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.097 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2288 CONGRESSIONAL RECORD — HOUSE March 7, 2007 degree of the problems in the last elec- foundation for Western Civilization. ing to some real good solid statistical tion was that voters did not believe Re- Had they not developed that age of rea- analysis done by Senator JEFF SES- publicans were doing enough and are son, we would never have had the Age SIONS of Alabama, it comes to about going to demand that Democrats and of Enlightenment. Without the Age of 61.1 million people. The lowest number Republicans put their partisanship on Enlightenment, we would never have we could come up with about 53 or 54 the side and take care of this problem. had the United States of America. So million people; 66.1 million is the most I am glad to see the kind of general we are founded upon reason. reliable number over the next 20 years support that we have seen working on Questions start from the beginning. that would be legalized. By the Senate this issue and the community support Is there such a thing as too much im- version, it has got to be nothing but on this; and at this time, if I may, Mr. migration, legal or illegal? That is one amnesty. Speaker, I would like to yield to Mr. of the questions I asked the President. I looked back, and how do you quan- KING. Then I asked, would you separate tify that? In 1986, President Ronald Mr. KING of Iowa. Mr. Speaker, I that into, is there such a thing as too Reagan signed an amnesty bill. He thank the gentleman from California much illegal immigration? And then, is called it an amnesty bill. He was for organizing this Special Order here there too much legal immigration? straight up honest about it. It was one this evening, and I also thank the gen- Then, the question that follows is, of the two or three times he failed me, tleman from Georgia (Mr. DEAL) for within those two categories, illegal in but at least he was straight up honest. making his presentation and making a one category and legal immigration in Some will say that was to legalize compelling case for why we have to end the other category, if there is such a 300,000, some will say it was 1 million, this thing we call birthright citizen- thing as too much, how much is too but not many will say that it actually ship, anchor babies, or more appro- much? I will submit in the category of brought in 3 million, some 3.1 million priately, more accurately, as auto- the illegal, one is too many. people who became citizens through matic citizenship. It was never part of I don’t think the White House can this amnesty that was passed in 1986. the concept constitutionally that we take that position, neither can most of I have met some of those people. I should grant that kind of a thing, for the Democrats and many of the Sen- have looked them in the eye, and I can all the reasons that Mr. DEAL said and ators, Democrats and Republicans; one tell you, they do not respect the rule of all the reasons that Mr. BILBRAY said, is too many. Is there such a thing as law like the rest of the Americans do. and a lot of other reasons besides. too much legal immigration? Yes, Therefore, they want amnesty for the But, Mr. Speaker, I would submit there has to be. Otherwise, you have to rest of the illegals that are in this this, that I am going to roll out some be willing to accept everybody on the country, because they see it was good facts and figures here, and I would ask planet that wants to come to America, for them. Well, if something is good for that you maybe could pay attention and that might actually be everybody. someone, that is not a measure that it and take some notes on this because it I would argue that this million or so is a good policy for America. It is only is important for us in this country not that come in legally in a year is kind a measure that it is good for someone. to be establishing an immigration pol- of an acceptable number, but is prob- But regardless, that was a series of icy based upon anecdotes or based upon ably twice as many as the American questions that I asked of the President. emotions or based upon somebody’s people like to have. American people In addition to that, I asked, would you feelings, but base it upon some empir- don’t only want to eliminate all the il- be willing to agree to a hard annual ical data. We need to base our policy on legal immigration, they want to reduce cap that would control the aggregate of some facts. legal immigration, and they want to go all of the different immigration poli- I would point out that I wrote a let- back to an immigration policy that is cies that are out there and say that, ter to the White House last year. It was designed to enhance the economic, the from an annual basis, it never exceeds off of a request of that White House li- social and the cultural well-being of a certain number? aison that took place last April, and by the United States of America. Now, I would start with 1 million and June 23, I was finally frustrated with Call it a selfish policy, if you like, ratchet it down for the American peo- my e-mails and phone calls to the liai- but any Nation that subordinates their ple if I could. We could probably as- son who promised to get me some an- immigration policy to the people who similate 1 million people in this coun- swers. will illegally cross the border from try a year if we had good assimilation other countries doesn’t have much of a policies. That letter, with those ques- b 2040 policy and doesn’t have much of a des- tions, and those five questions as I re- So I put it in letter form, hard copy, tiny if they don’t have control of their call that went to the President on June sent it to the White House, sent it as own destiny. We have got to be in con- 23, and the White House got a call an e-mail also, and instructed my staff trol. We have got to set that policy. every single week until September. to call the White House every week to So I went on down this list of things, Finally, I got an answer back, not get answers to the questions. Because and if there is such a thing as too much from the White House, not from Sec- it occurs to me that facts don’t work legal or illegal immigration, then how retary Chertoff, but a subordinate of for the people that are for open bor- much is too much? And how many do Secretary Chertoff. The answer that ders, but facts absolutely support the you believe would be legalized by the came back was a cut and paste to people that stand up for the rule of law Senate version of the bill that passed somebody’s constituent response letter and that stand up for national sov- last year? and didn’t answer a single question ereignty and stand up for national bor- Of course, before, I believe it was the that I had asked. der protection and enforcement in our Bingaman amendment, it was between So I wrote a letter back that said, workplace to shut off the jobs magnet. 100 and 200 million would be legalized Dear Mr. President, thanks for the let- I think we should start with a simple with a path to citizenship into the ter that was in response to my letter basis. If you go back to the beginning United States. Under the Senate full of questions, but you really didn’t of Western Civilization and the Greeks, version of the bill that probably would answer any of my questions. Would you they would ask. They would look at have had enough votes to pass with the like to try again? I would really appre- things. They were proud. They lived in majority of the Senate. Well, there ciate it. I am the ranking member of the age of reason. They said, I think, were some caps that were put on be- the Immigration Subcommittee, and therefore I am. We are going to do de- cause of that amendment that I just we have to set an immigration policy ductive reasoning. We will start with referenced, and then the number came here. the most logical, obvious questions, down to, and this is the number I would Finally, I got a letter back, and it and we are going to reduce it down. If ask of the White House, how many do said, immigration is too complicated we can narrow ourselves down to a con- you believe would be legalized by the and too serious a policy to reduce it to clusion, we will come to a conclusion. Senate-passed version of the bill? numbers. If we can’t, we will need more data. I can tell you at this point that, ac- What a shocking thing. That is a sin- They were proud of the way they cording to the Heritage Foundation, gle piece of all of this. So when you add could think and reason. That’s the according to Robert Rector and accord- to this, you can add that we have a

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.099 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2289 major problem on our borders. We are cratic issue; this is an American issue. the left hand side of the aisle. On the seeing $60 billion out of our U.S. econ- If anybody doesn’t believe that the rule right hand side of the aisle we have omy that are wired into the Western of law is important, I can take you to elitists. They aren’t all on the right Hemispheric countries other than the a lot of places I spent a lot of time in hand side of the aisle; we have plenty United States. Those are transmittals other countries where people can buy of left-wing rich folks, too, that are from the wages in America; $30 billion off the law by politics or by money. capitalizing on cheap labor. They be- goes to Mexico; $65 billion worth of il- This amnesty, it just seems like the lieve that they have some kind of legal drugs come across that southern most un-American concept I heard. Let birthright to always be hiring cheap border into the United States. We are me tell you something, my son was sit- labor and continue getting richer off watching 11,000 people a night pour ting there, 19 or 20 years old, and he the backs of the people they are hiring. across the southern border. brought up the interesting issue, and I Think of this kind of like a barbell. In fact, just yesterday was the anni- guess from the mouths of babes, he On the one side, the weights over here versary of the battle of the Alamo said, Dad, let me get this straight, Mr. on the barbell are the liberals that get when Colonel Travis and those brave KENNEDY says that if you break the law all the political power that comes from Texan Americans were slaughtered at for 5 years, you now get rewarded for illegal immigration. On the other side the Alamo. Santa Ana’s Army was only it? Does this mean that if I am willing there are probably about 2–1 Repub- half the size of a nightly number of to testify that I have driven without a lican conservatives that get empowered illegals that come across our southern license for 5 years, I get a license for by getting rich off of cheap labor. In border. free? the middle is the handle of the barbell, Those are simply some of the pieces. that is the middle class, the middle b 2050 There are many other statistics out class that used to be an ever-broad- there that are empirical data, and I Because that is what people think ening, an ever more prosperous middle pray that this Nation will look at num- they can do with immigration and class that now is losing its purchasing bers, look at reality and not be stam- make it work. It won’t work with the power and being narrowed by the greed peded by hyperbole or anecdotes and traffic situation; it won’t work with an of the people that are politically establish a policy that is good for the immigration issue. greedy on the one side, and economi- economic, the social and the cultural I am glad you bring this up, and just cally greedy on the other side. well-being of the United States of seeing a self-made special interest I asked this question to the business America. group that is driving us toward an community in America, because I know Mr. BILBRAY. Mr. KING, first of all, abyss of the destruction of the entire I will not convince the people on the I have to say I am so proud that you concept of what this greatest Republic other side of the aisle, where will you are our ranking member on the Immi- we call the ‘‘American experience.’’ I apply your trade once we have de- gration Committee. With you on that, yield to Mr. KING. stroyed this America that is based leading the Republican side of that Mr. KING of IOWA. I thank the gen- upon the rule of law? committee. Hopefully you will be able, tleman from California for adding to I will yield back to the gentleman and I know it is a tough sell; I am this subject matter in that way. from California. Mr. BILBRAY. Let me say, what we going to meet with your chairman and A piece that I left out was that the are fighting for here is nothing short of try to point out what is the obsession 66.1 million that would have been legal- the middle class. The fact is there are that the Senate and some Members of ized by the Senate version of amnesty those on the left and the right that say the House of Representatives have to last year happens to be, and I believe we desperately need more poor people. give amnesty and reward 12 to 13 to 15 coincidentally, the sum total of all You know why? It is because the major million people for breaking the law? Americans who have immigrated into corporates want cheap labor on the Do they really think we can defend the United States and become natural- right, and the left wants cheap votes. the concept, the rule of law, by having ized, most through Ellis Island, but And they are willing to sell their chil- up to 60 million people in this country done so legally. We are talking about dren’s birthright out, their grand- celebrating the fact that they are here doing that in one fell swoop. children’s future out just to be able to because they broke the law? You know, So, in 1986 it was a 300,000, maybe a million number. That was a great big capitalize off of this illegal activity. I am thankful that I was able to listen At this time, I have the privilege of piece to try to swallow and get our to you tonight, because I keep saying, recognizing the gentleman from Cali- brains around. In 1995, before the 1996 and I was saying to a couple of Sen- fornia who has agreed to be the sub- election, there was an accelerated ef- ators this week, what is the obsession, committee chairman on the Border Se- fort, especially in California, to natu- what is the motivation for giving am- curity Policy Committee team for the ralize a million people so that they nesty and rewarding people for break- Immigration Caucus, Mr. ROYCE. ing our laws? What message have you could go to the polls and vote in that Mr. ROYCE, I yield to you. seen? What agenda are you fulfilling? Clinton/Gore election. And we all know Mr. ROYCE. Mr. Speaker, I thank the What political group are you fulfilling? where the incentive was, on which side gentleman for yielding. Now that you brought it up, you are of the aisle that was. That was perhaps I would like to start by congratu- right, you point out you gave amnesty 1 million in 1986. At most, it was 1 mil- lating Congressman BILBRAY for his po- to a group that originally was proposed lion in 1995 before the 1996 elections. sition as head of the Immigration Cau- to be 300,000, ended up with all the That was an appalling number to think cus. I thank him, also, for taking on delays in the agenda to be 3 million; about a million people getting fast- this tough, but very important, issue. then you get all of their relatives com- tracked to citizenship or amnesty. And What I wanted to make as a point, ing in. This is the group that is lob- this is a time now we are seriously Mr. Speaker, was that before 9/11 bor- bying and able to vote to encourage talking about 66 million people. Sixty- der security was not seen as a national more people to come in, and this down- six times an amount that was too security matter. But we, as an institu- ward spiral has started. If we don’t stop many in 1995, it was too many in 1986, tion, asked the 9/11 Commission to give it now with the American people that it is absolutely too many today. us direction, to look at how 9/11 oc- really believe in the rule of law, that There is another component of this, curred and to suggest steps that we really believe in the concept of com- too, and that is that we know on the should take. Today, thanks to the 9/11 mon decency that you do not punish left, and I am going to say on the part Commission, we now know that na- somebody for waiting patiently to im- of Democrats, they recognize that they tional security must be the number one migrate legally while you reward are going to pick up about two out of priority when it comes to border secu- somebody who breaks the law, if we are every three immigrants that would rity policy. not willing to stop this downward spi- have amnesty. They have a strong po- The commission found that our im- ral now, it will continue to grow larger litical motive that subordinates the migration system has, in their words, and faster down the line. United States, our Constitution, their ‘‘the greatest potential to develop an I think the American people here oath of office, by the way. That is the expanded role in counterterrorism.’’ know this is not a Republican or Demo- incentive. It is a political incentive on And I think that still holds true today.

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.101 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2290 CONGRESSIONAL RECORD — HOUSE March 7, 2007 The challenge we face for national cost of building that double border into the United States and our experi- security in an age of terrorism is to fence. ence with Hezbollah agents frankly prevent the very few people who pose But the focus I want to make here, should awaken us to the fact that we overwhelming risks from entering or the point I want to make, it is a mat- should take the advice of the Border remaining in the United States unde- ter of national security. We had Kris Patrol when they say to us, give us tected. And terrorists, unfortunately, Kobach testify at my hearings. He was that double border fence. We have had have used evasive methods to enter and chief adviser on immigration law to over 400 attacks in 1 year or instances stay in our country, including specific former Attorney General John of violence against our agents. Give us travel methods and routes over the Ashcroft. And he spoke of concern the double border fence we need. border, liaisons with corrupt govern- about terrorists illegally crossing our Well, we have got the appropriation. ment officials, human smuggling net- borders into this country. I will just We have got the authorization. The works, and immigration and identity share with you a couple of cases he first appropriation for $1.2 billion. We fraud. This needs to be addressed. It is cited. need several billion more to finish the elementary. It is imperative as well to Mahmoud Kourani was one; he was whole project. But we should take their border security to know who is coming indicted in 2004. He paid to be smuggled advice. It’s past time we strengthen into the country. I don’t think anyone out of Beirut, Lebanon; paid $3,000 to operational control of our borders and today can say with any certainty that the Mexican Consulate to be smuggled ports through additional physical bar- we know who is crossing our borders. into Mexico. And at that point he paid riers and fencing and greater use of When I was chairman of the Sub- a smuggling organization to bring him state-of-the-art technology and sur- committee on International Terrorism in the trunk of a car over to the United veillance across our entire border. and Nonproliferation, I held field hear- States. This is the brother of the The border fence is needed, it’s need- ings on the border in San Diego and in Hezbollah general who was in charge of ed now, so one of my goals, and I am Laredo, Texas. One thing that was ex- security in the southern sector of Leb- sure the caucus’s goals, is to ensure pressed at these hearings is that the anon at the time that the attacks oc- that the fence gets the funding it needs border fence that was built in San curred. He was involved in the attacks and that the entire 700 miles gets built Diego is very effective. The double against Israel. I was there in Israel in as the act that was signed into law fence on that border, according to the August. I visited Rambam Hospital says it should be built. Border Patrol that testified at these when the city was under rocket attack I thank you again, Congressman hearings about the effectiveness of the and saw some of the effects of BILBRAY; Mr. Speaker, thank you, and border fence, is, as they said, a great Hezbollah there in that country, where I will yield back to Congressman BRIAN force multiplier. The reason they want- there were 500 civilian victims in that BILBRAY of San Diego. ed to expand the fence and the reason hospital. Mr. BILBRAY. Thank you very we passed legislation to do that and in- And I can just tell you that his much, Mr. ROYCE. Seeing that you are cluded an appropriation of $1.2 billion brother pleaded guilty to providing ma- the chairman of the Border Security to do it was partly because the Border terial support to Hezbollah. He had subcommittee, it is good to hear today Patrol told us that there were over 400 been trained in Iran in every method of that the administration has found the attacks on the Border Patrol and that explosives, and he was sentenced to 5 money to finally fill in the border tun- if they could have that double border years in our prison, along with some of nels across our border. A lot of people fence the way they had it in San Diego his colleagues, who were also caught as when I say the fence isn’t working, if at other routes where the smugglers a result of our operations. the fence wasn’t working, the cartels cross, that would help protect them. would not be spending millions of dol- b 2100 They said it expanded their enforce- lars trying to figure out how to tunnel ment capability; it has allowed them Kobach went on to cite a second case under the fence. the discretion to redeploy agents to involving Farida Ahmed, who was on a Mr. ROYCE. If the gentleman will areas of vulnerability or risk. It is one terrorist watch list. He was on that yield, I was in your fine city and had component, they said, that certainly watch list because he was suspected of an opportunity to go down to visit has been integral, in their words, to ev- being an al Qaeda operative trying to some of the Border Patrol agents that erything we have accomplished raising get into the United States. Ahmed was I talk with and work with. One of them the level of our security in San Diego. caught in Texas at McAllen Miller showed me a station across from the What happened in San Diego? The International Airport on July 19, 2004. Border Patrol station on the U.S. side, crime rates on both sides of that bor- He was trying to get up to New York and he said that in that station, they der, which had been lawless, dropped by City. He produced a South African had actually filmed work on a tunnel, over 50 percent on the San Diego side passport with pages torn out and with it was actually on Mexico property, and on the Tijuana side. no U.S. entry stamps. He later con- that one of the cartels was building, With the establishment of the border fessed to entering the country illegally digging a tunnel, and they turned over, fence in San Diego, crime rates fell off by crossing the Rio Grande River. he said, to the Mexican government, dramatically, but also vehicle drive- In 2005, 3,722 individuals from state and the Mexican equivalent of the FBI thrus fell off. San Diego is no longer sponsors of terrorism or countries with arrested two Border Patrol agents, cus- one of the most prolific drug smuggling terrorist ties were caught trying to il- toms agents on the Mexican side who corridors. It was cut by over 90 percent. legally enter the United States. I know were involved with the cartels in actu- The bill that we passed last year puts some of the stories from border guards ally supervising the digging of that a fence where it is needed most, in the who have told me. One showed me his tunnel. areas that have the highest instances injuries that he sustained when he The point I am making is that there of drug smuggling, human trafficking, stopped an individual who originally is a degree of corruption here in some gang activity. All of the smugglers’ was from Uzbekistan, had been trained, of the institutions in Mexico which routes, where there are roads, basi- he said, in an Afghan training camp. have unfortunately led to a lack of co- cally, through those areas, all of that This was the individual’s second at- operation in enforcement of our bor- will be fenced with a double border tempt to enter illegally into the United ders. And because of that lack of co- fence. It would allow the Border Patrol States. The first time he had tried to operation, I think it is doubly impor- to better focus its resources and better fly in through an airport and he was tant that not only we go forward with protect our borders. turned back. This time he came over the effort to fill these tunnels, but let’s Now, we have some say that to finish the border. When he was caught, he was again get the fence that the Border Pa- that project would cost $3 billion. Well, motivated enough, the individual, to trol says it needs built. $3 billion is less than the cost of the bite the shoulder of the Border Patrol Mr. BILBRAY. I thank you for that. 250,000 inmates who have committed agent so severely that the Border Pa- Because before the fence, as somebody felonies, who are here illegally in the trol agent had to be hospitalized. that grew up down there and watched United States. The cost to the tax- The reality is that we have some this game being played, any criminal payers in one year is more than the very determined foes attempting to get on either side of the border could jump

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.103 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2291 across the border and avoid enforce- ask everyone who is listening across Caucus to give a report to the Amer- ment on the other. Even in Mexico, the United States to take a look at ican people about what is going on they had the area called the Zona H.R. 98 which is a bill that Silvestre with the immigration issue. It is some- Norte, the northern zone, and everyone Reyes, a very respected Democrat from thing that politicians have ignored for knew that it was a criminal hideout be- El Paso, who is a former Border Patrol too long, but it is something that the cause they could always jump onto the agent, and David Dreier, a Republican, American people are demanding that American side if the Mexican officials former chairman of the Rules Com- we finally address if we want to stay in came. So this issue of creating a bar- mittee, put together working with the this city representing the people. rier is common sense and common de- men and women who actually have to So tonight I appreciate the time to cency. control our frontier and control immi- be able to address this issue. As Governor Ruffo of Baja, Cali- gration, the immigration agents them- 30–SOMETHING WORKING GROUP fornia, once said, he said something in selves. They put together a bill called The SPEAKER pro tempore. Under Spanish and said in Mexico, we have a H.R. 98, and it is so simple that there is the Speaker’s announced policy of Jan- saying, Good fences make good neigh- no excuse for anybody not to support uary 18, 2007, the gentleman from bors. Frankly, I think those people it, unless they think that there is an Pennsylvania (Mr. ALTMIRE) is recog- that always attacked the concept of advantage to encourage illegal immi- nized for 60 minutes. having secure borders should just lis- gration. Mr. ALTMIRE. I thank the Speaker ten to Ruffo’s advice that common In this bill, it says one thing. It says, for this time, once again allowing us to sense does go a long way. let’s get rid of the 37 different docu- begin the 30-Something Working I yield to the gentleman. ments that anybody can prove they are Group. Mr. ROYCE. It is certainly true that legal to be in the country to work. We have a lot of issues to talk about. the lack of border security leads to a Let’s go down to one simple document, And as everyone who has followed the criminal element controlling that bor- a tamper-resistant Social Security 30-Something Working Group over the der. In this case, it is the cartels. And card to allow Americans and foreign years knows, this is our attempt to let it is important to remember again that nationals alike to prove that a Social the American people know what is hap- the erection of the border fence in San Security number that they are re- pening in their Congress and what the Diego led not only to a reduction of quired by law to provide for employ- issues are that are being discussed, and crime on the U.S. side by more than 50 ment is actually their number and not we have requested some time here to be percent but again led to a reduction of one that they have taken or 20 of their able to go into some detail on what crime on the Mexican side of the border buddies have taken from somebody else these issues are. And I wanted to start and in Tijuana by more than 50 per- and are using because they have stolen today by talking about the situation at cent. Why? Because of the very point a Social Security number. One docu- Walter Reed, which I know is a subject you have just made, the cartels lost ment for any employer to know to that is of great concern to everybody control once the rule of law was ap- check, to be able to verify electroni- in this Chamber, and it is certainly the plied to that sector of the border and cally that whoever is in front of them issue that I am hearing the most about law enforcement was able to get in con- is qualified to work in the United as I travel around my district. And if trol. States. Because it is essential that we we have some time after we conclude Mr. BILBRAY. I appreciate that. The give employers a simple, verifiable way that discussion, we may move on to fact is most Americans may not under- of knowing who is legal and who is not some other issues. stand that it is so out of control that legal so that we can do what I think But I wanted to start by talking they have had over 30 police officers Democrats and Republicans who really about the situation at Walter Reed. murdered in Tijuana and over nine care about America can do together And I have put up here for my col- Federal prosecutors assassinated in Ti- and, that is, crack down on the em- leagues to take a look at the Newsweek juana. In fact, it was so bad that the ployers who knowingly hire illegals. cover from this week, and we see here Mexican government 10 years ago sent We all know who they are, we know that this is a national story. It is the their army to the American border. where they are, and we need to elimi- number one story in the country, and You hear an outcry here when we talk nate the excuse for hiring illegals. We it tells the story about how we are, un- about the possibility of sending our need to start cracking down on that. fortunately in many cases, failing our troops or our National Guard down to I just ask that when we get into this wounded. You can see it on the cover. the border. I wonder where these people issue, let’s not talk about amnesty, What we are talking about with the are that are so outraged about America let’s not talk about excuses for reward- situation at Walter Reed is we have exercising our sovereignty, using our ing people for illegal immigration, let’s brave men and woman who are fighting resources, when they ignored the fact talk about working together and for this country, who are putting their that Mexico did the right thing by cracking down on the illegal employ- lives on the line, who are making every bringing their troops up. ers, making it clear that if you want to possible sacrifice, and they are coming I appreciate, Mr. Chairman, your come to this country and work, then home in need of medical treatment, in work on this and look forward to work- you come here legally, you play by the many cases serious health situations, ing with you. rules, you get rewarded for that. long-term medical problems, and we Mr. Speaker, we are talking about have not seen the best quality of care border control, but I want to make b 2110 that those men and women deserve. sure that the American people and ev- So, Mr. Speaker, a lot of people may And the situation that has been uncov- erybody recognizes, in your district, not know, but I am privileged to have ered recently at Walter Reed is some- the real problem exists that those who a mother who is a legal immigrant who thing that was uncovered by a Wash- hire illegals are the ones who are cre- came back to this country back in the ington Post expose’. It wasn’t brought ating the number one source of illegal 1940s. And as she reminds me so often, to light by the people at Walter Reed, immigration. When we talk about the everyone who rewards illegal immigra- it wasn’t brought to light by elected of- violence at the border, when we talk tion is insulting those immigrants who ficials, it wasn’t brought to light by about people dying, drowning at the came here and played by the rules. anyone except for a series of newspaper border trying to come into this coun- Anybody who talks about giving am- articles. try illegally, the people that are at nesty or any reward to those who have There are two issues that we need to fault for that are those employers who violated our immigration law is insult- discuss. The second of those issues is, provide the incentive for people to ing the hard work, the patience, and why did it take a Washington Post break our immigration laws and those the perseverance to be a legal immi- news article before people started to who are profiteering off illegal immi- grant and everyone who has played by talk about this issue, before people gration, and that is the illegal employ- the rules and stayed within the law. started to be held accountable for this ers. So, Mr. Speaker, I would like to say issue? Which, as I am going to talk I would ask you and I would ask tonight that every Wednesday night we about in the time line of events, for every Member of Congress and I would are going to try as the Immigration those of you who may wonder how this

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.104 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2292 CONGRESSIONAL RECORD — HOUSE March 7, 2007 all came about, what were the com- Kiley, over the troubling incidents that the wrongs of the past. But it is fairly plaints, how long has this situation he had witnessed. And this, again, is a mind-blowing to people out there to been known, we are going to walk very senior Member of this Congress, think that it took The Washington through that entire time line tonight. said his efforts were rebuffed and ig- Post to uncover what was happening in But the second issue is, why did that nored. And he has a quote that says our veterans system. Because, Mr. Washington Post news article become when he brought problems to the at- ALTMIRE, as you know, veterans back the first source for all of this to hap- tention of Walter Reed, he was made to in our districts, back in Pennsylvania pen? feel very uncomfortable. Now, that is and in Connecticut and throughout The number one issue that we need unacceptable, and that was 21⁄2 years this country, have known what is going to deal with as a Congress and that we ago. So right there we have a very sen- on with veterans for years. I mean, can promise the American people that ior Member of Congress voicing con- they have been down here in Wash- we are going to deal with is we need to cerns and being ignored. ington, DC, month after month, year find a solution to this problem right In November 2005, the Congress was after year trying to tell this Congress now. We understand there is a situa- then of course controlled by the Repub- that there are waiting lines for care; tion that needs to be resolved. And to lican Party, and the House Veterans’ that the conditions are often sub- be candid, the American people aren’t Affairs Committee announced that, for standard because of years of neglect in calling for another blue ribbon panel the first time in at least 55 years, vet- capital improvements; that they sim- that is going to take a 2-year study and eran service organizations would no ply don’t have the access to the funds issue a report that is 21⁄2 inches thick longer have the opportunity to present necessary to pay for the rising pre- and sit on somebody’s desk before any- testimony before a joint hearing of the miums and rising copays. thing happens. They want results right House and Senate Veterans’ Affairs And before this story in The Wash- now. Committee. So in November of 2005, we ington Post broke, you, Mr. ALTMIRE, We need to go into every military had an announcement from this Con- and those of us in the 30-Something and veterans health care facility in gress, then under Republican control, Working Group were yelling about this this country and make a determina- that we would not be investigating any on the House floor. We got here with tion: Are the conditions substandard? situations and there would be no forum that mandate, to change things. Are there actions that need to be to bring before Congress complaints So you are going to run through, I taken? And, if so, let’s deal with that about what we were seeing at Walter think, some fairly amazing comments immediately. Let’s not wait for the Reed. from some of the soldiers and staff at course of a long-term study. There is The pattern continues. In September Walter Reed Hospital in terms of what going to be room for that and there are of 2006, 13 Senators sent a letter to the they have been dealing with over the going to be people held accountable, Senate Appropriations Committee to past several years. But we just need to and that is not to say that we are not preserve language in the House Defense remind people out there that you can’t going to work hard to detail every sin- Appropriations bill that prohibits U.S. absolve this former Congress in the gle fact of how this came to be. But the Army from outsourcing 350 Federal last 12 years from the catastrophes most important part for our military jobs at Walter Reed Medical Center. that we are uncovering within our men and women who were promised This is September of 2006. A similar medical system, specifically, in this quality health care when they signed provision was defeated by a close vote case, within our veterans medical sys- up is we need to restore their con- in the Senate of 50–48 during the bill’s tem simply because The Washington fidence and their trust in the system, previous consideration. Post didn’t get around to writing about which right now, justifiably, is lacking. Also in September of 2006, and again it until last month, because if you were Because we have military men and for my colleagues watching we are back home listening to this, you heard women every day who are coming back, going to have a chart that will illus- it time after time again. not just to Walter Reed, but all across trate this and it be visible. But in Sep- I mean, here is the thing. We are this country to Department of Defense tember of 2006, Walter Reed awards a 5- talking about a substandard level of facilities, and veterans who have put year, $120 million contract to IAP care for our veterans. We should be their lives on the line who are coming Worldwide Services, which is run by a talking about the gold standard of care back and using the VA health care sys- former senior Halliburton official, to for our veterans. And we shouldn’t be tem and finding that the care in many replace a staff of 300 Federal employ- talking about just lifting up Walter cases, as has been described with Wal- ees. So those employees were replaced Reed Hospital so that it meets the ter Reed, is substandard. This is out- in September of 2006, despite the fact standards of dignity that every other rageous and this is unacceptable, and there had been to that point com- hospital in our health care system this Congress is going to take the ap- plaints by very senior Members of Con- abides by. We should be talking about propriate action to make sure that gress about what was happening at raising up veterans care so that this is these things are taken care of and they Walter Reed. the highest standard. It is what every- do not happen again. one else in the medical community and 2120 So, again, the two issues: number b the provider community seeks to meet. one, fix the problem now; number two, I would pause there to ask my col- The people coming home from Afghani- let’s get to the bottom of why it took league from Connecticut, Mr. MURPHY, stan and Iraq, people coming home so long for people to be held account- if he is ready to weigh in on this issue. from Vietnam and previous engage- able and for us to get to the point And if not, I can certainly continue ments should come home to the best where this situation was known to the down the time line. care this country can provide, Mr. American people and especially to our Mr. MURPHY of Connecticut. Thank ALTMIRE. brave men and women. you, Mr. ALTMIRE. I want to let you get And I would like to yield back to you So I do have a time line of events back to the time line because I think it so you can continue to tell the story of that we in the 30-Something Working is important for people to understand what we have found at Walter Reed Group are going to turn into a chart where this started, and to talk a little hospital. which we will be able to display at one bit about where we are going, because Mr. ALTMIRE. Thank you, Mr. MUR- of our future meetings, but now I did so much of the news these days is filled PHY. And I wanted to, before getting just want to read some of these things with bad news, bad news for our vet- into some of the quotes that the men that have happened in the past. erans, bad news for the security of our and women who have been in Walter In mid-to-late 2004, a very senior country. And we talk about that a lot Reed have, over the course of time pro- Member of this Congress, with his wife, here. Mr. ALTMIRE, as you know, this vided, I did want to continue down the announced that he was going to stop place focuses on crises often and on bad time line. And I had left off with the 5- visiting Walter Reed out of frustration. news. year, $120 million contract that was He said he had voiced his concerns The good news is that things are awarded to a former Halliburton offi- about what he was seeing to his com- changing. The good news is that there cial which led to the replacement of 300 manders, including Major General is a commitment now to make up for employees at Walter Reed.

VerDate Aug 31 2005 04:54 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.105 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2293 And I wanted to, then, quote from a more troubling to think that these are failed to meet minimal government New York Times article about that problems that are happening all across standards.’’ issue. It said: ‘‘The prospect of privat- this country. It is very troubling for me, and I am ization at Walter Reed led to a large Mr. MURPHY of Connecticut. Mr. sure for my colleagues listening, to exodus of skilled personnel after the ALTMIRE can you yield for a moment? read and to hear these quotes and Army reversed results, actually Because I want to talk about, as these think of the fact that there is no group changed the results of an audit con- revelations were coming out in The of people that should stand ahead of ducted that government employees Washington Post and in articles that our men and women in the military could do the job more cheaply.’’ followed, this administration had a and our military veterans when it So they had done a study that choice to make. They could open up comes time to allocate Federal re- showed that things could be done in this issue and they could allow for a sources. And we have a Federal budget that manner. But they decided to re- vetting of these problems and put them that is approaching $3 trillion, and we verse the results and move in the direc- out in the open air and come together, certainly spend a lot of that on the De- tion that we have described. And we as Republicans and Democrats, to solve fense, and rightly so, Department of have, unfortunately, seen the results. them; or they could try to paper over it Defense. And to hear these situations I will move in, now, to some of the and cover it up. taking place, it is just very upsetting. quotes. And it is troubling, I will tell And some of the most disturbing So, continuing, for my colleagues, to my colleagues who are watching, to things that have happened in this se- refer to the chart again: ‘‘Behind the hear some of the complaints that were quence of events, which are a little bit door of Army Specialist Jeremy Dun- made. And I would remind, again, that later on your time line, is what hap- can’s room, part of the wall is torn and in 2005, the Republican leadership of pened after these revelations came into hangs in the air, weighted down with this Congress made a decision that the light. We know that in the days fol- black mold. When the wounded combat they were going to not hold the joint lowing that article that the soldiers at engineer stands in his shower and looks hearings on this issue to allow some of Walter Reed were told that they up, he can see the bathtub on the floor these things to be brought to the at- couldn’t speak to the media about above through a rotted hole. Signs of tention, not only of the Congress, but what was happening. neglect are everywhere. Mouse drop- of the American people. And it is un- We know that the Government Re- pings, belly-up cockroaches, stained fortunate what the result has been, form and Oversight Committee, which I carpets, cheap mattresses.’’ that 2 years went by and these things sit on, had to subpoena the former And I will move to the last chart we continued, and these quotes are the re- head, the fired chief of Walter Reed have with these quotes, and then we sult. Army Medical Center after Army offi- can discuss it a little further. This is And I am going to refer my col- cials told him that he couldn’t come from building 18, which is the subject leagues to this chart as I am reading: testify at the hearing. of the Washington Post report on Wal- ‘‘The mold, mice and rot at Walter And so I am so thankful that we have ter Reed which began this whole inves- Reed’s Building 18 compose a familiar a majority now in charge of this House tigation: ‘‘Life in building 18 is the scenario for many soldiers back from which is actually going to do the work bleakest homecoming for men and Iraq or Afghanistan. Soldiers and vet- to uncover, I hope, not too many more women whose government promised erans at other facilities report bureau- abuses that we haven’t already seen in them good care in return for their sac- cratic disarray similar to Walter the newspaper reports that have come rifices. ‘I hate it,’ said one soldier, who Reed’s. Indifferent, untrained staff, out. But the fact is that right now we stays in his room all day. ‘There are lost paperwork, medical appointments don’t have an administration that is cockroaches. The elevator doesn’t that drop from the computers, and long helping us try to correct this, Mr. work. The garage door doesn’t work. waits for consultations.’’ ALTMIRE. And it makes our job even Sometimes there is no heat, no And what this describes, unfortu- harder; but makes me, I think, and I water.’’’ nately, is that the problem at Walter think the American people are in the Well, I do want to assure my col- Reed is not unique to Walter Reed, but same position, that they are thankful leagues and the American people and it is a systemic problem across the that there are people here doing that reiterate what I said earlier that by far country’s military and Veterans Af- work. the more important thing here is fixing fairs facilities. And that is very trou- Mr. ALTMIRE. Well, the level of the problem. We have outlined, I think, bling to me. frustration I think that we are all feel- in pretty graphic detail what the prob- I have three VA hospitals in western ing builds every day as more of these lem is and the scope of the problem. We Pennsylvania, one of which is in my facts come out. And I think the most are not just talking about one facility district. And it is undergoing a $200 upsetting part is the fact that these at Walter Reed, although that has been million renovation right now. And I am are situations that were known within the source of the beginning of this hopeful that we will, at that time, have the military health apparatus, and story. We are talking about facilities the premiere Veterans Affairs highest- nothing was done about it. all across this country. And we do need quality facility in the entire country. Complaints were made from patients. a top-to-bottom review of every single But the systemic problem facing our Complaints were made from families. facility. Let us find every problem that military health facilities and our Vet- Complaints were made, as I talked exists and let us fix it right now. That erans Affairs facilities is shown by about earlier, not just from Members of is the number one issue. some of these quotes. So, again, my Congress, but from very senior and in- And we are not as interested in cast- colleagues want to refer to this chart. fluential Members of Congress, all of ing blame in this situation. There is no From California, this says: ‘‘The room which were ignored. question people need to be held ac- was swarming with fruit flies, trash And continuing with our around-the- countable for this problem. And the was overflowing, and a syringe was country look at some other things that hearings that we have had and the lying on the table.’’ That is from a fa- have happened, if my colleagues could hearings that this Congress is going to cility in California. refer to this chart. continue to have with the Armed Serv- From a facility in Fort Knox, Ken- ices Committee, with the Veterans’ Af- tucky: ‘‘The living conditions were the b 2130 fairs Committee and with the Govern- worst I had ever seen for soldiers. This comes from Fort Campbell in ment Oversight Committee, we are Paint peeling, mold, windows that Kentucky where they said: ‘‘There going to get to the bottom of how this didn’t work. I went to the hospital were yellow signs on the door stating could possibly have happened, why it chaplain to get them to issue blankets that our barracks had asbestos.’’ This happened, who is responsible and who and linens. There were no nurses.’’ was an open and operating military fa- should be held accountable. But, again, So as troubling as the situation at cility. that is the secondary issue. The pri- Walter Reed is for those of us who are From Fort Irwin in California: ‘‘Most mary issue is fixing the problem now. now delving into the details and learn- of us had to sign waivers where we un- And I want to assure the American ing the unfortunate facts, it is even derstand that the housing we were in people, as I am sure my friend Mr.

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.106 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2294 CONGRESSIONAL RECORD — HOUSE March 7, 2007 MURPHY does, that this timeline that I with the equipment, the trucks and the should have for those that come back. was reading from is going to stop in kits we needed for our troops. We know We should be celebrating them rather March 2007, as far as the situation that, when this war began, we were $56 than putting them in these conditions. being ignored and the situation not billion underfunded within the Army b 2140 being brought to light. This is a new for the equipment that they needed. We day. It is a new Congress. And we are know that, after the invasion, it took But I am sure it aggravates what going to take action. And it is unfortu- 18 months for American soldiers to re- must be an unbelievably complicated nate, and I am regretful that it took ceive body armor; 18 months of being transition back to life here in the this long. But we are here now, and the on the front lines before they got the United States. We need to start hon- situation that we are describing is not body armor that they needed. And we oring their service again. And God for- going to be easy, but we have a com- know the health care system wasn’t bid we ever have to engage in another mitment in this Congress for Members ready for the legions of troops that military action in this country again. like Mr. MURPHY and myself that place came back. God forbid we have to send our brave no greater priority than finding the I think I shared this on the floor the young men and women overseas to resolution to this problem and to our other night: A group of veterans came fight. Nation’s military men and women. into my office and shared with me a You know that in our lifetimes we Mr. MURPHY of Connecticut. Mr. statistic that was as interesting as it will see that moment. We hope we ALTMIRE, you hit it right on the head. was sobering, that in conflicts earlier don’t. We hope we are wise enough in It is, fix the problem, hold people ac- in this century, on average three this Chamber to prevent another for- countable, in that order. We need to wounded soldiers came back for every eign engagement from happening, but start holding people accountable here. soldier that died on the battlefield. the chances are that you and I may I think that is a lot of frustration that Today 16 soldiers come back wounded vote sometime during our service here led to you and I coming here and 40 or for every soldier that dies on the bat- to do this again. so of our fellow new colleagues here. I tlefield. And that is due to some of the We better get it right that time. We think a lot of the impetus that brought advances in armor protection equip- better make the investment up front to us here was this sense that nobody was ment. It is also due to the miracles of make sure they are safe when they being held accountable for what was modern medicine and the response head over to that battlefield, and when happening in the government, whether time that our medics and doctors in they come home, the services are there it be the failure of our military strat- the field are able to perform. for them. egy in Iraq or whether it be the failure But it means that we have more peo- We are going to fix it. We are going of many of our domestic programs here ple coming into our hospitals with to fix it and hold people accountable, at home. more complex, more lasting injuries. and we are going to do it in that order. So we have got to keep the focus and They need better care, and they need The American people for a long time the light of this place on finally hold- faster care. And it appears that no one maybe didn’t have confidence when ing this administration and the people at the outset of this war was thinking people stood up here and said there is a in it and, frankly, even Members of about this problem ahead of time. They problem and we are going to do some- this legislature accountable for their weren’t preparing our military for bat- thing about it. In this Congress, that is actions. But we have got to fix the tle. They didn’t have a plan to occupy going to be our hallmark. We are going problem first because people didn’t that country. They didn’t think, it to be able to go home in the coming send us here just to investigate and seems sometimes, more than a few sec- weeks and months and tell people that hold hearings and put out subpoenas. onds about the political realities that what you read about, whether it be in They want that responsibility of Con- would emerge on the ground as we in- Newsweek or the Washington Post, is gress to come back. They want us to vaded Iraq. And now it turns out they going to be taken care of. fulfill that constitutional obligation. also didn’t think about what to do with Mr. ALTMIRE. Mr. Speaker, I thank But they sent us here to get stuff done. the veterans when they come back. the gentleman. You talked about in- And that is the miracle of what has Mr. ALTMIRE, I never served in the vestments, making investments in our happened here over the last 2 months is military. I never fired a gun. I have troops and making investments in our that we are fixing problems. We are not never been shot at. I get to serve in veterans. As you know on this 30- just talking about it. We are actually this Chamber on a cold night like to- Something Working Group, I have doing what we are saying. night in Washington, DC, in a nice, spent a lot of time talking about our The first 100 hours was all about heated place indoors because my con- Nation’s veterans and our VA that, Mr. ALTMIRE. It had to be for the temporaries, my classmates made a healthcare system, and I am going to two of us one of the proudest moments different decision. They decided to go spend a lot more time talking about of our life to be here joining hands with overseas and protect this Nation. And our VA healthcare system, because, as many of our Republican colleagues and there isn’t a day that I get up that I I said, there is no group that should for the first time making this place am not grateful for the decision that stand ahead of our Nation’s veterans work again. Passing new bills to fund my friends and my relatives and my when it comes time to make funding higher education, reforming the Medi- classmates made to allow me to serve decisions. care prescription drug law, investing in this country in a very different man- I wanted to talk a little bit about the stem cell research; doing it with Demo- ner. So as unfathomable as it is to me decisions that have been made in past crats and Republicans, making this to think about what it is like to be on years. We have talked about this be- place work again. the ground in Baghdad today, to have fore, and I have another chart here So here is the thing. We proved we veterans comparing their experiences that I would like my colleagues to take can solve problems. We proved that we in our own domestic veterans’ health a look at. This is the underfunding, the can work as Republicans and Demo- care system to the situations that they chronic underfunding of the VA crats to fix things. And maybe we are faced on the ground in Iraq is uncon- healthcare system. confronted with our biggest problem; scionable to me. Think about what it We have talked before about the fact not just what we have uncovered in our must be like to come back to this that President Bush has delivered veterans’ system, what people like you country maimed, injured, perhaps with seven State of the Union addresses now and I have known for years, but the legs, arms amputated, and to enter a and he has only mentioned veterans greater quagmire which exists in our system with flies, with garbage, with healthcare in one of those seven State military today in the situation we have syringes. I mean, we know what is hap- of the Union addresses. got ourselves in Iraq. But we need to pening with soldiers coming back with I think as a Congress we have a re- take both of these on, fix the problems PTSD and other mental health issues sponsibility when we talk about sup- to the extent that we can, and then from what they have seen on the bat- porting our troops and we talk about hold people accountable because what tlefield, and to think that we are put- supporting the brave men and women we know is that we weren’t ready for ting them into a system which not who we are sending off to battle, who this war. We weren’t ready for this war only abuses the sense of honor that we were promised quality healthcare in

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.107 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2295 the VA health system when they were fed up with this and weren’t going on the ground, the equipment, the signed up, we have an obligation to to take it any more. I know I heard weapons. The cost of the war is all of fund all of them at levels at which they loud and clear throughout my cam- that, which, of course, runs into the can obtain this quality healthcare. paign and certainly on that election billions, racking up hour by hour, day So let’s take a look at what has hap- day in November that veterans funding by day, but the cost of the war also in- pened in recent years. I refer to the was a big part of why the American cludes top rate, gold standard care for chart. people were frustrated with the deci- those troops when they return to this In January of 2003, President Bush’s sions of this administration and the de- country. budget cut veterans healthcare and cisions of this Congress up to that Sometimes you talk about the cost of eliminated 164,000 veterans from the time. the war and veterans’ health care. roles of eligibility for VA healthcare. As we have talked about many times, They are in kind of different silos in That was in January of 2003. I said that my number one priority in Washington speak, and we are figuring In March of that same year, this considering the budget for the current out how Washington talks versus the Congress’s budget, the Republican year, which was left undone by the pre- rest of the world. budget that cut $14 billion from vet- vious Congress, was veterans Out there, what our veterans and sol- erans healthcare, passed. 199 Demo- healthcare funding. I said I would diers talk about is a cost of battle, a crats voted against it in this Chamber, never support a budget that did not at cost of sending our troops overseas, but, unfortunately, at that point the least maintain the current level of which includes making sure, when they Democrats were in the minority and services for VA healthcare funding in come back to this country, they get ev- they couldn’t prevent these cuts. We the continuing years, and certainly in erything they need. That is part of our have seen what the result has been of the current year. challenge. We came down here I think, that $14 billion cut. Thankfully, under the new leadership not to speak for both of us, but to sort In March of 2004, the Republican in Congress we passed a budget for fis- of change how Washington thinks budget that shortchanged veterans cal year 2007 that increased veterans about this world and start making it healthcare by an additional $1.5 billion funding by $3.6 billion. I won’t go back match up with the reality out there in passed Congress, and this time 201 and read the numbers again, but you our communities. We sat there for the Democrats voted against it. But, again, remember hearing about a lot of bil- last 2 years campaigning to get here, being in the minority, Democrats were lions of dollars of decreases, $14 billion listening to people screaming and unable to prevent those cuts, and we over 5 years, $6 billion additionally yelling about rising energy prices. We listened to families talk about how have seen the result. over 5 years in previous Congresses. In March of 2005, continuing, Presi- The first budget we had to pass in they couldn’t afford to send their kids to college, and we heard seniors talk- dent Bush’s budget shortchanged vet- this Congress, in the climate of enor- ing about how the Medicare prescrip- erans healthcare by an additional $2 mous pressure for fiscal responsibility, tion drug bill does not work. And they billion for 2005 and cut VA healthcare we had to cut over 60 programs to find watch Washington do nothing about it. by $14 billion over the next 5 years. 201 the room in the new pay-as-you-go There is a disconnect that has hap- Democrats voted against that. budget scoring to pay for this, because pened over the past 12 years, and cer- So I think, Mr. MURPHY, you would we are not running the country on a tainly over the last 6 years especially, agree that you see a trend developing credit card as we have in years past. and how people talk about their prob- here over time of just cut after cut We are fiscally responsible and we do lems in the world and how Washington after cut to the VA healthcare system, have an obligation to find the funding views them. There is no better example and that is, A, not fair and not just, to pay for our priorities. And we did but it is also not sustainable, without than veterans’ health care. that. We found $3.6 billion to increase To veterans and soldiers, the cost of encountering the types of problems and funding for veterans healthcare. the systemic difficulties that we are the war includes taking care of soldiers I think in the time to come, very when they return to the United States. seeing across the VA healthcare sys- shortly you are going to see a further We have to make people understand tem. demonstration, a very strong dem- So in the summer of 2005, after seri- that again. onstration from this Congress in a very We sat for that very long debate ous Democratic pressure, months and difficult climate of our commitment to about the escalation of the war. We lis- months of pressure and warnings that funding VA healthcare. That is going tened to the people on the other side of the shortfall was going to be detri- to be something that we are able to the aisle make a ridiculously sim- mental to the VA, the Bush adminis- demonstrate to the American people, plistic argument. They said, to support tration finally acknowledged that their and to keep our promise to do what we the troops, you must support the com- previous budgets had been inadequate said we were going to do and to do mander of the troops. Part of sup- and the shortfall had been $2.7 billion. what the American people expected us porting the troops has to be supporting The Democrats fought all summer to to do. everything he asks you to do. You get this resolved. It is a disgrace that But the unfortunate reality, Mr. can’t make an independent judgment it had to come to that. We never should MURPHY, is that these funding cuts about whether what he wants is right have been in that position. from the past have had a terrible effect or wrong; you simply have to line up Then, after months and months of on the institutions, both in the VA and with him, or we are going to tell you this discussion, in March of 2006, al- also the lack of attention in the De- that you are not supporting the men most a year earlier from today, Presi- partment of Defense health facilities, and women who fight for this country. dent Bush’s budget cut veterans fund- and has led to some very, very serious We know that is wrong. We know ing by an additional $6 billion over 5 problems, as outlined by the Wash- that the American people don’t believe years. Keep in mind, this is in the con- ington Post. But those issues have con- that, and we know this election was in text of not mentioning veterans in his sequences, and they are in the past. We part about separating what is right for State of the Union addresses when he have a responsibility now in the new the troops, the country and what the comes before this Chamber and out- Congress as leaders and as the elected President has asked them to do and has lines to us what his priorities are with- group from the American people that is vastly under-equipped them to do. in his budget for the coming year. Vet- charged with dealing with this to take But you just detailed maybe example erans are not even mentioned. And I action. As we have said many times to- number one where what the President’s can see why. I wouldn’t mention it ei- night, we are going to take action. policies are over the past several years ther, if I had the same type of record has been the exact opposite of what is on veterans healthcare as the Presi- b 2150 right for our troops, cuts to veterans’ dent has. So in March of last year he Mr. MURPHY of Connecticut. Mr. health care, increases in premiums. proposed $6 billion in cuts over 5 years. ALTMIRE, we have to look at veterans’ That is as bold and plain and simple Well, something happened in Novem- health care, care for our wounded as and concise as you can make it. ber of 2006. As we all know, the Amer- part and parcel of the cost of the war. You can’t stand here and say, in ican people spoke up and said they The cost of the war is not just troops order to support the troops, you have

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.109 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2296 CONGRESSIONAL RECORD — HOUSE March 7, 2007 to support the President when the the veterans’ care and funding were in Let’s look at what has happened this President puts forth a budget, year that continuing resolution. I hope peo- week. This is Wednesday, March 7. after year, budgets that don’t do jus- ple back in your district understand Well, on March 5, in the new Con- tice for the veterans who return. what you did on that issue to ensure gress here, the House Oversight and I think the American people have that those funds were part of that con- Government Reform Committee began weighed in on that issue on whether or tinuing resolution. holding hearings to investigate the not we need to support the President Mr. ALTMIRE. I appreciate the gen- Walter Reed scandal; again, in the con- on everything he does in order to sup- tleman mentioning that. text of the previous Congress, that was port the troops, but there is yet an- I wanted to finish the time line. I unwelcome. other example. want to make sure to get that in before March 6 and 7, yesterday and today, Mr. ALTMIRE, I think we also have to we run out of time here, and then the House Veterans’ Affairs Committee talk about the issue of accountability maybe move on to one other issue. held hearings on the Walter Reed scan- here. Here is the problem, is that our In September 2006, we talked about dal, and today there was also an Armed military is stretched thin right now. the replacement of the 300 employees Services Committee hearing. So we This isn’t just about supporting the by the former Halliburton official. have three separate committees look- troops; it is about supporting the gen- In October 2006, the Secretary of De- ing into this, actively reviewing the erals that oversee those troops and fense’s wife, Joyce Rumsfeld, the then- situation and actively looking for an- supporting the commanders who are Secretary of Defense, was taken to swers and actively looking for results. struggling to do more with less. Walter Reed by a close friend who was b 2200 Let me read a quote from General also a Walter Reed volunteer. When Peter Schoomaker, the Chief of Staff of hospital officials found out that this So I would refer, once again, anyone the Army. He says, ‘‘To meet combat- was the case, Mrs. Rumsfeld’s friend interested in learning more about this ant commanders immediate wartime was banned from entering or con- story to the Newsweek article, and I needs, we pooled equipment from tinuing to volunteer at the hospital. once again put this chart up. It is a across the force to equip soldiers de- So the implication was they did not great article. It gives a good summary ploying in harm’s way. This practice, want them to see what was happening of the situation, and I would ask the which we are continuing today, in- at the hospital. That is from a Wash- American people and our colleagues to creases risk for our next-to-deploy ington Post article. I would not have just continue to seek answers. We are units and limits our ability to respond mentioned that were it not printed in going to do our best to get to the bot- to emerging strategic contingencies.’’ the Washington Post, that the Sec- tom of this. We are going to do our best This was from a Washington Post retary of Defense’s wife had a close to make sure that this system is re- story. friend volunteering at Walter Reed, solved, and unless Mr. MURPHY wants That is a pretty amazing statement and they were asked not to continue to talk about this, I was going to, in to come from our Nation’s top military volunteering, again the implication our short time, move into one other brass. To come out on the record, fly- that they would not like what they issue because it is budget season. ing in the face of what the President is would be seeing there. Mr. MURPHY of Connecticut. Sure. telling the American people and saying Then, moving to February 4, 2007, Mr. ALTMIRE. And we actually had that we are endangering the lives of getting up almost to current time. The booked this time to talk about the our troops by overextending the limits number of Federal employees providing budget, and then these issues were de- of our equipment and our machinery facilities management services at Wal- veloping this week. within our Armed Forces. ter Reed by this time, a month ago, Mr. MURPHY of Connecticut. Let me So we also have to force the military had dropped from 300 to fewer than 60. highlight one thing before we leave commanders who are desperately try- This is before The Washington Post ar- this subject. This is going to be a chart ing to do the right thing with a very ticle came out, immediately before. that we might see a few more times on flawed policy and with an administra- The remaining 60 employees, 50 of them the 30 Something Working Group hour tion which pays no attention to the were private workers. That is from the here. root causes of the insurgency which Army Times where we get those statis- I just want to make sure the people puts our forces in harm’s way and who tics. know we are back to business here. doesn’t give the Army the resources And then everything begins to This is 81 hearings that have been held they need to fight this battle and obvi- change. on issues related to the Iraq War this ously doesn’t treat the soldiers the way February 19, The Washington Post year. I mean, you go through the list they need to be treated when they expose comes out detailing mistreat- just the week right after we got back come home. ment of veterans and housing on the from recess, the last week of February, This is about supporting our troops grounds of Walter Reed Army Medical on Tuesday, the 27th, two hearings; on and about supporting our commanders Center. That is the turning point. Un- Wednesday, the 28th, five hearings; on and about supporting our Armed fortunately, we heard about the 2004 Thursday, the 1st, three hearings. Forces in general. They are being visit and the complaints registered by Now, that may seem like a lot. It asked to do so much more with so a senior Member of Congress. We heard, seems like, well, what is Congress much less. This is no secret. When we in 2005, the then-Republican Veterans’ doing with all these hearings. There come and vote on the supplemental re- Affairs Committee chairman an- was so much work to be done to un- quest from this President, you better nounced they were not interested in cover all of these abuses. I think that believe that Members on this side of hearing from our Nation’s veterans is going to kind of level out over time, the aisle are going to make sure that anymore; they were not welcome to ad- but right now we needed to get back to there is a historic commitment to vet- dress the committee to talk about the work of starting to do some over- erans, just like there was in the con- some of these issues. sight when it comes to this war, to tinuing resolution. We have to make The Washington Post article comes start uncovering many of these abuses. that a priority in this new authoriza- out February 19, one week later, Feb- We will continue this chart going for- tion of funding because we are begin- ruary 26, the soldiers at Walter Reed ward. ning to talk like everybody else talks Army Medical Center were told that This idea that you presented that we out there. We are beginning to under- they were to wake up at 6 a.m. every have got two jobs, fix it and hold peo- stand that the cost of this war is the morning and have their rooms ready ple accountable, we are doing both. money that it takes to fight the battle for inspection at 7 a.m. This was new. This continuing resolution that kept on the streets of Baghdad, but it is also More importantly, they were told that the government running had historic the cost of taking care of those soldiers they were no longer allowed to speak levels of funding for veterans care. I when they come home. to the media. I think we can see why think we are going to be able to do Mr. ALTMIRE, you underplay your ef- that is. something similar with the supple- fect on that discussion. You were a real So that is the time line of events mental authorization that we will vote hero on that issue of making sure that leading up. on in the coming weeks.

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.110 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2297 But we are also doing that second loyal constituents and people who fol- I cannot give the chart without let- part, which is holding this administra- low the 30 Something Working Group ting people know out there that the tion accountable, to make sure that it will know, we do talk about the budget clock is ticking. 365 days you have left does not happen again, because I do not at some length and rightly so, because officially in the 30 Something Working want to be here a year from now just the budget has not been managed well Group. Congratulations. Happy birth- trying to play catch-up and plugging over the past 6 years. day today. I do not know why the rest all the holes that this administration We have an administration that came of the Members are not here to cele- creates. I actually want to solve the into office. We had just had four con- brate. problems and make sure that com- secutive years of budget surpluses that Mr. ALTMIRE. I think they are out petent people get into places that mat- were forecast as far as the eye can see, celebrating. ter in this administration. and in the last 6 years, we have had six Mr. MURPHY of Connecticut. They I want to make sure that the Presi- consecutive budget deficits that are might be having one of your behalf. dent starts putting budgets before us now forecast as far as the eye can see. Mr. ALTMIRE. But thank you for that make sense so that these over- There has been a $9 trillion swing in saying that. sight hearings, 81 hearings that have the 10-year forecast from a $5.5 trillion Mr. MURPHY of Connecticut. Any- been held already in this Congress, are surplus over 10 years to a $3.5 trillion thing we have talked about today, if going to start to get us there. dollar because of the fiscal mismanage- people want to get more information That is maybe the moment to turn. ment that we have seen over the past 6 about, they can e-mail us at We have got a few minutes left to talk years. The President just submitted to [email protected], and a little bit about this budget. us his 2007 out-of-balance budget. you can always visit www.speaker.gov/ Mr. ALTMIRE. That is a chart that So I will use this as a teaser for per- 30something. One of these days when we are going to be seeing a lot more of, haps our next 30 Something Working they go to that Web site, they will ac- and I did want to make one point about Group because we will not be able to tually see our faces on there. Tech- that. get into it as much as we would like, nology sometimes does not keep up Those 81 oversight hearings on what but for those watching, I would just with the changes in the House, but I is happening in Iraq, those are not say that we are going to talk at great am sure that our faces will be on that make-work hearings. Those are not length about some of these issues in Web site, sooner rather than later. hearings just to hold hearings. Those the coming weeks. Mr. ALTMIRE. I thank the gen- are serious issues that this Congress is We were going to talk about foreign- tleman and today is my birthday. It is looking at. held debt today, and I have a chart my 39th birthday, and I was happy to Mr. MURPHY of Connecticut. I sit on that I would refer my colleagues to. spend it here with you tonight talking the Government Oversight and Reform This President has added more than $1 about the budget. Committee, and in that committee, we trillion of foreign-held debt to Amer- Mr. MURPHY of Connecticut. It is found out that we sent $9 billion in ica’s balance in just 6 years. He did how every young boy hopes to cele- cash over to Iraq, on pallets, handed it more than his 42 predecessors combined brate their 39th birthday. out in duffel bags. We found out that in just 6 years. The history of the coun- Mr. ALTMORE. That is right. when we were subcontracting to these try up to his administration had put subcontractors to do security, they less in foreign-held debt than he did in f subcontracted again, and they subcon- just 6 years. LEAVE OF ABSENCE tracted again, and everybody takes a So let us take a look at who is hold- By unanimous consent, leave of ab- little money off the top every time. We ing this debt. I get this question all the sence was granted to: did not know. We had not heard about time because I talk about the deficit Mr. ABERCROMBIE (at the request of any of that until we started doing and the debt and who is holding it. Mr. HOYER) for today after 4:00 p.m. hearings. Japan holds $644 billion in American So you are exactly right. Hammer debt right now. China holds $350 billion f that point home. This is not doing of American debt. That is after only 1 SPECIAL ORDERS GRANTED hearings for hearings sake. This is year earlier it was $250 billion. So the doing hearings to uncover the waste, Chinese have added $100 billion in By unanimous consent, permission to fraud and abuse that has been hap- American-held debt. The U.K., $240 bil- address the House, following the legis- pening in this government. This is my lion, and you can see the other coun- lative program and any special orders taxpayer dollars. This is my neighbor’s tries down here, Hong Kong is on there. heretofore entered, was granted to: taxpayer dollars that are going down Of course, they are now part of China. (The following Members (at the re- the drain with some of these programs. This was a historical chart. quest of Mr. SARBANES) to revise and This is real stuff. So we have a lot of work to do to re- extend their remarks and include ex- Mr. ALTMIRE. This is in the context store fiscal responsibility, but we are traneous material:) of being told, the American people were going to be talking in the weeks ahead Mr. PALLONE, for 5 minutes, today. told, that the oil proceeds in Iraq in how we are going to do that with Ms. BERKLEY, for 5 minutes, today. would pay for the cost of the war. You this Congress. Mr. SARBANES, for 5 minutes, today. have a couple of issues. One is the oil We have already taken the steps to Mr. DEFAZIO, for 5 minutes, today. proceeds. We do not have any account- move in that direction with the pay-as- Mrs. MCCARTHY of New York, for 5 ing of where a lot of them are going. you-go budget scoring, and you are minutes, today. They are disappearing into the black going to see some things happening Ms. WOOLSEY, for 5 minutes, today. market. They are certainly not paying with the budget that have not been Ms. NORTON, for 5 minutes, today. for the cost of the war. done in 6 or 7 years because we do have Ms. JACKSON-LEE of Texas, for 5 min- The second issue is, we have paid al- a responsibility to be fiscally respon- utes, today. most $400 billion as a Nation on the sible. The American people sent us here Ms. CORRINE BROWN of Florida, for 5 Iraq War of our money, the American to do that. minutes, today. people’s money, and as you have out- So with that, I would ask Mr. MUR- (The following Members (at the re- lined, we have lost billions of dollars in PHY if he does not have any comments, quest of Mr. POE) to revise and extend Iraq that is completely unaccounted he has got his e-mail chart there. their remarks and include extraneous for. You certainly know about that Mr. MURPHY of Connecticut. First material:) from the Government Oversight Com- of all, let me say that there is nothing Mr. JONES of North Carolina, for 5 mittee, and I am sure we will talk that acts as a tantalizing teaser to minutes, March 14. more about that. whet the appetites of the American Ms. GINNY BROWN-WAITE of Florida, In just the few minutes that we have people than telling them if they tune for 5 minutes, today. remaining, about 4 minutes remaining, in next time, we will talk about for- Mrs. BIGGERT, for 5 minutes, today. I did want to talk about budget season. eign-held national debt. That really Mr. POE, for 5 minutes, March 12, 13, Here we are in the spring, and as our gets people’s blood pumping. and 14.

VerDate Aug 31 2005 04:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K07MR7.112 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS H2298 CONGRESSIONAL RECORD — HOUSE March 7, 2007 BILLS PRESENTED TO THE North 5th Street in Laramie, Wyoming, as South Congress Avenue in Austin, Texas, as PRESIDENT the ‘‘Gale W. McGee Post Office’’. the ‘‘Sergeant Henry Ybarra III Post Office H.R. 433. To designate the facility of the Building’’. Lorraine C. Miller, Clerk of the United States Postal Service located at 1700 Main Street in Little Rock, Arkansas, as the House reports that on March 5, 2007, f ‘‘Scipio A. Jones Post Office Building’’. she presented to the President of the H.R. 514. To designate the facility of the United States, for his approval, the fol- United States Postal Service located at 16150 ADJOURNMENT lowing bills. Aviation Loop Drive in Brooksville, Florida, as the ‘‘Sergeant Lea Robert Mills Mr. ALTMIRE. Mr. Speaker, I move H.R. 49. To designate the facility of the Brooksville Aviation Branch Post Office’’. that the House do now adjourn. United States Postal Service located at 1300 H.R. 521. To designate the facility of the North Frontage Road West in Vail, Colorado, The motion was agreed to; accord- United States Postal Service located at 2633 ingly (at 10 o’clock and 9 minutes as the ‘‘Gerald R. Ford, Jr. Post Office Build- 11th Street in Rock Island, Illinois, as the ing’’. ‘‘Lane Evans Post Office Building’’. p.m.), the House adjourned until to- H.R. 335. To designate the facility of the H.R. 577. To designate the facility of the morrow, Thursday, March 8, 2007, at 10 United States Postal Service locatedh at 152 United States Postal Service located at 3903 a.m. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Speaker-Authorized Official Travel during the fourth quarter of 2006 and the first quarter of 2007, pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO KUWAIT, IRAQ, PAKISTAN, AFGHANISTAN, AND GERMANY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 25 AND JAN. 29, 2007

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Nancy Pelosi ...... 1/25 1/27 Kuwait ...... 812.00 ...... (3) ...... 812.00 1/25 1/26 Iraq ...... (3) ...... 1/27 1/28 Pakistan ...... 456.00 ...... (3) ...... 456.00 1/28 1/28 Afghanistan ...... (3) ...... 1/28 1/29 Germany ...... 328.00 ...... (3) ...... 328.00 Hon. Ike Skelton ...... 1/25 1/27 Kuwait ...... 812.00 ...... (3) ...... 812.00 1/26 1/26 Iraq ...... (3) ...... 1/27 1/28 Pakistan ...... 456.00 ...... (3) ...... 456.00 1/28 1/28 Afghanistan ...... (3) ...... 1/28 1/29 Germany ...... 328.00 ...... (3) ...... 328.00 Hon. Tom Lantos ...... 1/25 1/27 Kuwait ...... 812.00 ...... (3) ...... 812.00 1/26 1/28 Iraq ...... (3) ...... 1/27 1/27 Pakistan ...... 456.00 ...... (3) ...... 456.00 1/28 1/28 Afghanistan ...... (3) ...... 1/28 1/29 Germany ...... 328.00 ...... (3) ...... 328.00 Hon. Silvestre Reyes ...... 1/25 1/27 Kuwait ...... 812.00 ...... (3) ...... 812.00 1/26 1/26 Iraq ...... (3) ...... 1/27 1/28 Pakistan ...... 610.00 ...... (3) ...... 610.00 1/28 1/28 Afghanistan ...... (3) ...... 1/28 1/29 Germany ...... 328.00 ...... (3) ...... 328.00 Hon. David Hobson ...... 1 /25 1 /27 Kuwait ...... 812.00 ...... (3) ...... 812.00 1/26 1/26 Iraq ...... (3) ...... 1/27 1/28 Pakistan ...... 610.00 ...... (3) ...... 610.00 1/28 1/28 Afghanistan ...... (3) ...... 1/28 1/29 Germany ...... 328.00 ...... (3) ...... 328.00 Hon. Jack Murtha ...... 1/25 1/27 Kuwait ...... 812.00 ...... (3) ...... 812.00 1/26 1/26 Iraq ...... (3) ...... 1/27 1/28 Pakistan ...... 456.00 ...... (3) ...... 456.00 1/28 1/28 Afghanistan ...... (3) ...... 1/28 1/29 Germany ...... 328.00 ...... (3) ...... 328.00 Hon. Nita Lowey ...... 1/25/ 1/27/ Kuwait ...... 812.00 ...... 812.00 1/26/ 1/26/ Iraq ...... 1/27/ 1/28/ Pakistan ...... 456.00 ...... 456.00 1/28/ 1/28/ Afghanistan ...... 1/28/ 1/29/ Germany ...... 328.00 ...... 328.00 Michael Sheehy ...... 1 /25/ 1/27/ Kuwait ...... 812.00 ...... 812.00 1/26/ 1/26/ Iraq ...... 1/27/ 1/28/ Pakistan ...... 456.00 ...... 456.00 1/28/ 1/28/ Afghanistan ...... 1/28/ 1/29/ Germany ...... 328.00 ...... 328.00 Erin Conaton ...... 1/25/ 1 /27/ Kuwait ...... 812.00 ...... 812.00 1/26/ 1/26/ Iraq ...... 1/27/ 1/28/ Pakistan ...... 456.00 ...... 456.00 1/28/ 1/28/ Afghanistan ...... 1/28/ 1/29/ Germany ...... 328.00 ...... (3) ...... 328.00 Robert King ...... 1/25 1/27 Kuwait ...... 812.00 ...... (3) ...... 812.00 1/26 1/26 Iraq ...... (3) ...... 1/27 1/28 Pakistan ...... 456.00 ...... (3) ...... 456.00 1/28 1/28 Afghanistan ...... (3) ...... 1/28 1/29 Germany ...... 328.00 ...... (3) ...... 328.00 Michael Delaney ...... 1/25 1/27 Kuwait ...... 812.00 ...... (3) ...... 812.00 1/26 1/26 Iraq ...... (3) ...... 1/27 1/28 Pakistan ...... 456.00 ...... (3) ...... 456.00 1/28 1/28 Afghanistan ...... (3) ...... 1/28 1/29 Germany ...... 328.00 ...... (3) ...... 328.00 Kenny Kraft ...... 1/25 1/27 Kuwait ...... 812.00 ...... (3) ...... 812.00 1/26 1/26 Iraq ...... (3) ...... 1/27 1/28 Pakistan ...... 456.00 ...... (3) ...... 456.00 1/28 1/28 Afghanistan ...... (3) ...... 1/28 1/29 Germany ...... 328.00 ...... (3) ...... 328.00 Betsy Phillips ...... 1/25 1/27 Kuwait ...... 812.00 ...... (3) ...... 812.00 1/26 1/26 Iraq ...... (3) ...... 1/27 1/28 Pakistan ...... 456.00 ...... (3) ...... 456.00 1/28 1/28 Afghanistan ...... (3) ...... 1/28 1/29 Germany ...... 328.00 ...... (3) ...... 328.00 Committee total ...... 21,056.00 ...... 21,056.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. NANCY PELOSI, Speaker of the House, Feb. 28, 2007.

VerDate Aug 31 2005 04:54 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 8634 E:\CR\FM\A07MR7.021 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2299 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON HOMELAND SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN SEPT. 1, 2006 AND DEC. 31, 2006

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Loretta Sanchez (1 night at refugee camp) .. 12/26 12/28 Chad ...... 524.00 ...... 524.00 Lodging in Sudan ...... 12 /28 12/29 Sudan ...... 294.00 ...... (3) ...... 294.00 12/29 12/31 Kenya ...... 276.00 ...... (3) ...... 276.00 No lodging ...... 12/31 1/1 Djibouti ...... 252.00 ...... (3) ...... 278.00 1 /2 1 /3 France ...... 440.00 ...... 440.00 ...... 10,464.44 ...... 10,464.44 Committee total ...... 1,786.00 ...... 10,464.44 ...... 12,250.44 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. h BENNIE G. THOMPSON, Chairman, Jan. 12, 2007. EXECUTIVE COMMUNICATIONS, final rule — Nonattainment New Source Re- in accordance with Section 647(b) of Division ETC. view (NSR) [EPA-HQ-OAR-2001-0004; FRL- F of the Consolidated Appropriations Act, 8283-9] (RIN: 2060-AM59) received March 2, FY 2004, Pub. L. 108-199, the Administration’s Under clause 8 of rule XII, executive 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the report on competitive sourcing efforts for FY communications were taken from the Committee on Energy and Commerce. 2006; to the Committee on Oversight and Speaker’s table and referred as follows: 739. A letter from the Secretary, Depart- Government Reform. 732. A letter from the Regulatory Spe- ment of Education, transmitting in accord- 748. A letter from the Chairman, National ance with Section 647(b) of Division F of the Endowment for the Humanities, transmit- cialist, LRAD, Department of the Treasury, Consolidated Appropriations Act, FY 2004, ting pursuant to Section 647(b) of Division F transmitting the Department’s final rule — Pub. L. 108-199, the Department’s Report to of the Consolidated Appropriations Act, FY Summary of Joint Interim Rule with Re- Congress on FY 2006 Competitive Sourcing 2004 (Pub. L. 108-199), a report stating that quest for Comment: Management Official Efforts; to the Committee on Oversight and the Endowment did not undertake any com- Interlocks (RIN: 1557-AD01) received Feb- Government Reform. petitive sourcing activities in FY 2006, nor is ruary 27, 2007, pursuant to 5 U.S.C. 740. A letter from the Secretary, Depart- it conducting any such competitions in the 801(a)(1)(A); to the Committee on Financial ment of Education, transmitting the Depart- current fiscal year; to the Committee on Services. ment’s Annual Report on Grants Stream- Oversight and Government Reform. 733. A letter from the Regulatory Spe- lining, pursuant to Public Law 106-107, sec- 749. A letter from the Director, Office of cialist, LRAD, Department of the Treasury, tion 5; to the Committee on Oversight and Personnel Management, transmitting a leg- transmitting the Department’s final rule — Government Reform. islative proposal, ‘‘To make improvements Community Reinvestment Act Regulations 741. A letter from the Secretary, Depart- to the Civil Service Retirement System and [Docket No. 06-18] (RIN: 1557-AD00) received ment of Transportation, transmitting in ac- the Federal Employees’ Retirement System, February 27, 2007, pursuant to 5 U.S.C. cordance with Section 647(b) of Division F of and for other purposes’’; to the Committee 801(a)(1)(A); to the Committee on Financial the Consolidated Appropriations Act, FY on Oversight and Government Reform. Services. 2004, Pub. L. 108-199, and the Office of Man- 750. A letter from the Administrator, 734. A letter from the Secretary, Depart- agement and Budget Memorandum M-01-01, Small Business Administration, transmit- ment of Labor, transmitting the Depart- the Department’s report on competitive ting the semiannual report of the Office of ment’s annual report to Congress on the FY sourcing efforts for FY 2006; to the Com- Inspector General for the period April 1, 2006 2004 program operations of the Office of mittee on Oversight and Government Re- through September 30, 2006, pursuant to 5 Workers’ Compensation Programs (OWCP), form. U.S.C. app. (Insp. Gen. Act) section 5(b); to the administration of the Black Lung Bene- 742. A letter from the Secretary, Depart- the Committee on Oversight and Govern- fits Act (BLBA), the Longshore and Harbor ment of the Interior, transmitting the re- ment Reform. Workers’ Compensation Act (LHWCA), and vised Strategic Plan for the fiscal years 2007 751. A letter from the Director, National the Federal Employees’ Compensation Act to 2012, pursuant to the Government Per- Oceanic and Atmospheric Administration, for the period October 1, 2003, through Sep- formance and Results Act (GPRA); to the transmitting the 2006 report on the Appor- tember 30, 2004, pursuant to 30 U.S.C. 936(b); Committee on Oversight and Government tionment of Membership on the Regional to the Committee on Education and Labor. Reform. Fishery Management Councils pursuant to 735. A letter from the Chair, Jacob K. Jav- 743. A letter from the Assistant Secretary, section 302 (b)(2)(B) of the Magnuson Stevens its Fellowship Board, Department of Edu- Department of the Interior, transmitting in Fishery Conservation and Management Act; cation, transmitting the Seventh Report to accordance with Section 647(b) of the Con- to the Committee on Natural Resources. 752. A letter from the Senior Counsel, De- the Congress of the Jacob K. Javits Fellow- solidated Appropriations Act, FY 2004 Pub. partment of Justice, transmitting the De- ship Program Board, as authorized by the L. 108-199, the Department’s Report to Con- partment’s final rule — Implementation of Higher Education Act of 1965; to the Com- gress on FY 2006 Competitive Sourcing Ef- the Private Security Officer Employment mittee on Education and Labor. forts; to the Committee on Oversight and Authorization Act of 2004 [Docket No. FBI 736. A letter from the Principal Deputy As- Government Reform. 744. A letter from the Administrator, Envi- 112; AG Order No. 2796-2006] (RIN: 1110-AA23) sociate Administrator, Environmental Pro- ronmental Protection Agency, transmitting received February 27, 2007, pursuant to 5 tection Agency, transmitting the Agency’s the Agency’s FY 2006-2011 Strategic Plan and U.S.C. 801(a)(1)(A); to the Committee on the final rule — Approval and Promulgation of FY 2006 Performance and Accountability Re- Judiciary. Air Quality Implementation Plans; Virginia; port, as required by the Government Per- 753. A letter from the Program Analyst, Amendments to VOC and NOx Emission Con- formance and Results Act of 1993 (GPRA); to Department of Transportation, transmitting trol Areas and VOC Control Regulations the Committee on Oversight and Govern- the Department’s final rule — Airworthiness [EPA-R03-OAR-2006-0921; FRL-8282-9] re- ment Reform. Directives; Empresa Brasileira de ceived March 2, 2007, pursuant to 5 U.S.C. 745. A letter from the Administrator, Envi- Aeronautica S.A. (EMBRAER) Model EMB- 801(a)(1)(A); to the Committee on Energy and ronmental Protection Agency, transmitting 135ER and -135KE Airplanes; and Model EMB- Commerce. the Agency’s report entitled ‘‘Annual Report 145, -145ER, -145MR, -145MP, and -145EP Air- 737. A letter from the Principal Deputy As- to Congress on Implementation of Public planes [Docket No. FAA-2006-25422; Direc- sociate Administrator, Environmental Pro- Law 106-107’’; to the Committee on Oversight torate Identifier 2006-NM-095-AD; Amend- tection Agency, transmitting the Agency’s and Government Reform. ment 39-14848; AD 2006-25-07] (RIN: 2120-AA64) final rule — National Priorities List, Final 746. A letter from the Assistant Secretary, received February 27, 2007, pursuant to 5 Rule [EPA-HQ-SFUND-2006-0755, EPA-HQ- Federal Maritime Commission, transmitting U.S.C. 801(a)(1)(A); to the Committee on SFUND-2006-0758 EPA-HQ-2006-0760, EPA-HQ- in accordance with Section 647(b) of Title VI Transportation and Infrastructure. SFUND-2006-0761, EPA-HQ-SFUND-2006-0762; of the Consolidated Appropriations Act, FY 754. A letter from the Program Analyst, FRL-8283-7] (RIN 2050-AD75) received March 2004, Pub. L. 108-199, the Commission’s report Department of Transportation, transmitting 2, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to on FY 2006 Competitive Sourcing Efforts; to the Department’s final rule — Airworthiness the Committee on Energy and Commerce. the Committee on Oversight and Govern- Directives; Lockheed Model L-1011 Series 738. A letter from the Principal Deputy As- ment Reform. Airplanes [Docket No. FAA-2006-25554; Direc- sociate Administrator, Environmental Pro- 747. A letter from the Administrator, Gen- torate Identifier 2006-NM-123-AD; Amend- tection Agency, transmitting the Agency’s eral Services Administration, transmitting ment 39-14852; AD 2006-25-11] (RIN: 2120-AA64)

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received February 27, 2007, pursuant to 5 764. A letter from the President and Chief DAVIS of California, Mr. LINCOLN U.S.C. 801(a)(1)(A); to the Committee on Executive Officer, National Railroad Pas- DAVIS of Tennessee, Mr. DEFAZIO, Ms. Transportation and Infrastructure. senger Corporation, transmitting Amtrak’s DEGETTE, Mr. DELAHUNT, Ms. 755. A letter from the Program Analyst, Grant and Legislative Request for FY08, pur- DELAURO, Mr. DICKS, Mr. DOGGETT, Department of Transportation, transmitting suant to 49 U.S.C. 24315(b); to the Committee Mr. DOYLE, Mr. EDWARDS, Mr. the Department’s final rule — Airworthiness on Transportation and Infrastructure. ELLISON, Mr. ELLSWORTH, Mr. EMAN- Directives; Fokker Model F27 Mark 500 Air- 765. A letter from the National Ombuds- UEL, Mrs. EMERSON, Mr. ENGEL, Mr. planes [Docket No. FAA-2006-25086; Direc- man and Assistant Administrator for Regu- ENGLISH of Pennsylvania, Ms. ESHOO, torate Identifier 2006-NM-019-AD; Amend- latory Enforcement Fairness, Small Business Mr. ETHERIDGE, Mr. FALEOMAVAEGA, ment 39-14847; AD 2006-25-06] (RIN: 2120-AA64) Administration, transmitting a copy of the Mr. FARR, Mr. FATTAH, Mr. FER- received February 27, 2007, pursuant to 5 Administration’s Office of the National Om- GUSON, Mr. FILNER, Mr. FRANK of U.S.C. 801(a)(1)(A); to the Committee on budsman’s Annual Report on Congress for Massachusetts, Mr. FRELINGHUYSEN, Transportation and Infrastructure. fiscal year 2005; to the Committee on Small Mr. GERLACH, Ms. GIFFORDS, Mr. 756. A letter from the Progam Analyst, De- Business. GILCHREST, Mrs. GILLIBRAND, Mr. partment of Transportation, transmitting GONZALEZ, Mr. GORDON, Mr. AL f the Department’s final rule — Airworthiness GREEN of Texas, Mr. GENE GREEN of Directives; McDonnell Douglas Model MD- REPORTS OF COMMITTEES ON Texas, Mr. GRIJALVA, Mr. GUTIERREZ, 11F Airplanes [Docket No. FAA-2006-26527; PUBLIC BILLS AND RESOLUTIONS Mr. HALL of New York, Mr. HARE, Ms. Directorate Identifier 2006-NM-220-AD; HARMAN, Mr. HASTINGS of Florida, Amendment 39-14850; AD 2006-25-09] (RIN: Under clause 2 of rule XIII, reports of Ms. HERSETH, Mr. HIGGINS, Mr. HIN- 2120-AA64) received February 27, 2007, pursu- committees were delivered to the Clerk CHEY, Mr. HINOJOSA, Ms. HIRONO, Mr. ant to 5 U.S.C. 801(a)(1)(A); to the Committee for printing and reference to the proper HODES, Mr. HOLDEN, Mr. HOLT, Mr. on Transportation and Infrastructure. calendar, as follows: HONDA, Ms. HOOLEY, Mr. HOYER, Mr. 757. A letter from the Program Analyst, INSLEE, Mr. ISRAEL, Mr. JACKSON of Ms. SLAUGHTER: Committee on Rules. Department of Transportation, transmitting Illinois, Ms. JACKSON-LEE of Texas, House Resolution 219. Resolution providing the Department’s final rule — Airworthiness Mr. JEFFERSON, Ms. EDDIE BERNICE for consideration of the resolution (H. Res. Directives; BAE Systems (Operations) Lim- JOHNSON of Texas, Mr. JOHNSON of 202) providing for the expenses of certain ited Model BAe 146 and Avro 146-RJ Air- Georgia, Mrs. JONES of Ohio, Mr. committees of the House of Representatives planes [Docket No. FAA-2006-25920; Direc- KAGEN, Mr. KANJORSKI, Ms. KAPTUR, in the One Hundred Tenth Congress (Rept. torate Identifier 2006-NM-137-AD; Amend- Mr. KELLER, Mr. KILDEE, Ms. KIL- 110–34). Referred to the House Calendar. ment 39-14851; AD 2006-25-10] (RIN: 2120-AA64) PATRICK, Mr. KIND, Mr. KING of New received February 27, 2007, pursuant to 5 f York, Mr. KIRK, Mr. KLEIN of Florida, Mr. KUCINICH, Mr. LAHOOD, Mr. U.S.C. 801(a)(1)(A); to the Committee on PUBLIC BILLS AND RESOLUTIONS Transportation and Infrastructure. LAMPSON, Mr. LANGEVIN, Mr. LANTOS, 758. A letter from the Program Analyst, Under clause 2 of rule XII, public Mr. LARSEN of Washington, Mr. Department of Transportation, transmitting bills and resolutions were introduced LARSON of Connecticut, Mr. the Department’s final rule — Airworthiness and severally referred, as follows: LATOURETTE, Ms. LEE, Mr. LEVIN, Mr. Directives; Boeing Model 747-100, 747-100B, LEWIS of Georgia, Mr. LIPINSKI, Mr. 747-100B SUD, 747-200B, 747-300, 747-400, 747- By Mr. ENGLISH of Pennsylvania (for LOBIONDO, Mr. LOEBSACK, Ms. ZOE 400D, and 747SR Series Airplanes [Docket No. himself, Mr. SAM JOHNSON of Texas, LOFGREN of California, Mrs. LOWEY, FAA-2006-25327; Directorate Identifier 2006- Mr. SESSIONS, Mr. DAVIS of Ken- Mr. LYNCH, Mrs. MALONEY of New NM-116-AD; Amendment 39-14842; AD 2006-09- tucky, Mr. BISHOP of Utah, Mr. GARY York, Mr. MARKEY, Mr. MARSHALL, 06 R1] (RIN: 2120-AA64) received February 27, G. MILLER of California, Mr. JORDAN, Mr. MATHESON, Ms. MATSUI, Mrs. 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. SIMPSON, Mrs. MUSGRAVE, Mr. MCCARTHY of New York, Ms. MCCOL- Committee on Transportation and Infra- CONAWAY, and Mr. DOOLITTLE): LUM of Minnesota, Mr. MCDERMOTT, structure. H.R. 1365. A bill to amend the Internal Rev- Mr. MCGOVERN, Mr. MCHUGH, Mr. 759. A letter from the FHWA Regulation enue Code of 1986 to repeal the alternative MCINTYRE, Mr. MCNERNEY, Mr. Officer, Department of Transportation, minimum tax on corporations; to the Com- MCNULTY, Mr. MEEHAN, Mr. MEEK of transmitting the Department’s final rule — mittee on Ways and Means. Florida, Mr. MEEKS of New York, Mr. Traffic Control Devices on Federal-Aid and By Mr. ENGLISH of Pennsylvania (for MICA, Mr. MICHAUD, Ms. MILLENDER- Other Streets and Highways; Standards himself, Mr. SAM JOHNSON of Texas, MCDONALD, Mr. GEORGE MILLER of [FHWA Docket No. FHWA-2005-23182] (RIN: Mr. SESSIONS, Mr. KUHL of New York, California, Mr. MOLLOHAN, Mr. 2125-AF16) received February 27, 2007, pursu- Mr. CULBERSON, Mr. DAVIS of Ken- MOORE of Kansas, Ms. MOORE of Wis- ant to 5 U.S.C. 801(a)(1)(A); to the Committee tucky, Mr. BISHOP of Utah, Mr. MIL- consin, Mr. MORAN of Virginia, Mr. on Transportation and Infrastructure. LER of Florida, Mr. GARY G. MILLER MURPHY of Connecticut, Mr. TIM 760. A letter from the Paralegal, Depart- of California, Mr. JORDAN, Mr. SHAYS, MURPHY of Pennsylvania, Mr. MUR- ment of Transportation, transmitting the Mr. SIMPSON, Mrs. MUSGRAVE, Mr. THA, Mr. NADLER, Mrs. NAPOLITANO, Department’s final rule — Emergency Proce- CONAWAY, Mr. MANZULLO, and Mr. Mr. NEAL of Massachusetts, Ms. NOR- dures for Public Transportation Systems DOOLITTLE): TON, Mr. OBERSTAR, Mr. OBEY, Mr. [Docket FTA-2006-22428] (RIN: 2132-AA89) re- H.R. 1366. A bill to amend the Internal Rev- OLVER, Mr. ORTIZ, Mr. PALLONE, Mr. ceived February 27, 2007, pursuant to 5 U.S.C. enue Code of 1986 to repeal the alternative PASCRELL, Mr. PASTOR, Mr. PAYNE, 801(a)(1)(A); to the Committee on Transpor- minimum tax on individuals; to the Com- Mr. PERLMUTTER, Mr. PETERSON of tation and Infrastructure. mittee on Ways and Means. Minnesota, Mr. PICKERING, Mr. 761. A letter from the Secretary, Depart- By Mr. KENNEDY (for himself, Mr. PLATTS, Mr. POMEROY, Mr. PRICE of ment of Transportation, transmitting the RAMSTAD, Mr. ABERCROMBIE, Mr. North Carolina, Mr. RAHALL, Mr. Department’s 2007 Annual Report on the reg- ACKERMAN, Mr. ALEXANDER, Mr. RANGEL, Mr. RENZI, Mr. REYES, Mr. ulatory status of the National Transpor- ALLEN, Mr. ANDREWS, Mr. ARCURI, RODRIGUEZ, Ms. ROS-LEHTINEN, Mr. tation Safety Board’s (NTSB) ‘‘Most Want- Mr. BACA, Mr. BACHUS, Mr. BAIRD, ROSS, Mr. ROTHMAN, Ms. ROYBAL-AL- ed’’ Recommendations to the Department Ms. BALDWIN, Mr. BARROW, Ms. BEAN, LARD, Mr. RUPPERSBERGER, Mr. RUSH, and its Operating Administrations; to the Mr. BECERRA, Ms. BERKLEY, Mr. BER- Mr. RYAN of Ohio, Mr. SALAZAR, Ms. Committee on Transportation and Infra- MAN, Mr. BERRY, Mr. BISHOP of Geor- LINDA T. SA´ NCHEZ of California, Ms. structure. gia, Mr. BISHOP of New York, Mr. LORETTA SANCHEZ of California, Mr. 762. A letter from the Secretary, Depart- BLUMENAUER, Ms. BORDALLO, Mr. SARBANES, Mr. SAXTON, Ms. ment of Transportation, transmitting the BOREN, Mr. BOSWELL, Mr. BOUCHER, SCHAKOWSKY, Mr. SCHIFF, Mrs. Department’s 2006 Biennial Report to Con- Mr. BOYD of Florida, Mr. BRADY of SCHMIDT, Ms. WASSERMAN SCHULTZ, gress and the National Transportation Safe- Pennsylvania, Mr. BRALEY of Iowa, Ms. SCHWARTZ, Mr. SCOTT of Georgia, ty Board on the regulatory status of open Ms. CORRINE BROWN of Florida, Mr. Mr. SCOTT of Virginia, Mr. SERRANO, safety recommendations relating to several BUTTERFIELD, Mrs. CAPPS, Mr. Mr. SESTAK, Mr. SHAYS, Ms. SHEA- safety issues, pursuant to 49 U.S.C. 1135(d); to CAPUANO, Mr. CARDOZA, Mr. PORTER, Mr. SHERMAN, Mr. SIRES, Mr. the Committee on Transportation and Infra- CARNAHAN, Mr. CARNEY, Ms. CARSON, SKELTON, Ms. SLAUGHTER, Mr. SMITH structure. Ms. CASTOR, Mr. CHANDLER, Mrs. of Washington, Mr. SMITH of New Jer- 763. A letter from the Administrator, Gen- CHRISTENSEN, Ms. CLARKE, Mr. CLAY, sey, Mr. SNYDER, Ms. SOLIS, Mr. eral Services Administration, transmitting Mr. CLEAVER, Mr. CLYBURN, Mr. SPACE, Mr. SPRATT, Mr. STARK, Mr. informational copies of prospectuses that COHEN, Mr. CONYERS, Mr. COOPER, Mr. STUPAK, Mr. SULLIVAN, Ms. SUTTON, support the General Services Administra- COSTA, Mr. COSTELLO, Mr. COURTNEY, Mr. TANNER, Mrs. TAUSCHER, Mr. tion’s Fiscal Year 2007 Capital Investment Mr. CROWLEY, Mrs. CUBIN, Mr. THOMPSON of Mississippi, Mr. THOMP- and Leasing Program; to the Committee on CUELLAR, Mr. CUMMINGS, Mr. DAVIS of SON of California, Mr. TIERNEY, Mr. Transportation and Infrastructure. Alabama, Mr. DAVIS of Illinois, Mrs. TOWNS, Mr. UDALL of Colorado, Mr.

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UDALL of New Mexico, Mr. UPTON, H.R. 1373. A bill to provide for the award of Committees on the Judiciary, Ways and Mr. VAN HOLLEN, Ms. VELA´ ZQUEZ, Mr. a gold medal on behalf of the Congress to Means, and Science and Technology, for a pe- VISCLOSKY, Mr. WALSH of New York, Tiger Woods, in recognition of his service to riod to be subsequently determined by the Mr. WALZ of Minnesota, Mr. WAMP, the Nation in promoting excellence and good Speaker, in each case for consideration of Ms. WATERS, Ms. WATSON, Mr. WATT, sportsmanship, and in breaking barriers with such provisions as fall within the jurisdic- Mr. WAXMAN, Mr. WEINER, Mr. WELCH grace and dignity by showing that golf is a tion of the committee concerned. of Vermont, Mr. WEXLER, Mr. WILSON sport for all people; to the Committee on Fi- By Mr. KUHL of New York: of Ohio, Mr. WILSON of South Caro- nancial Services. H.R. 1382. A bill to amend title 38, United lina, Ms. WOOLSEY, Mr. WU, Mr. By Mr. BOYD of Florida (for himself States Code, to provide for an assured ade- WYNN, Mr. YARMUTH, and Mr. YOUNG and Mr. CRENSHAW): quate level of funding for veterans health of Alaska): H.R. 1374. A bill to amend the Florida Na- care; to the Committee on Veterans’ Affairs. H.R. 1367. A bill to amend section 712 of the tional Forest Land Management Act of 2003 By Ms. ZOE LOFGREN of California: Employee Retirement Income Security Act to authorize the conveyance of an additional H.R. 1383. A bill to amend title 18, United of 1974, section 2705 of the Public Health tract of National Forest System land under States Code, to provide penalties for the mis- Service Act, and section 9812 of the Internal that Act, and for other purposes; to the Com- use of robocalls; to the Committee on the Ju- Revenue Code of 1986 to require equity in the mittee on Agriculture. diciary. provision of mental health and substance-re- By Mr. BUCHANAN: By Mr. MCCARTHY of California: lated disorder benefits under group health H.R. 1375. A bill to amend the Congres- plans; to the Committee on Energy and Com- sional Budget and Impoundment Control Act H.R. 1384. A bill to designate the facility of merce, and in addition to the Committees on of 1974 to provide for the expedited consider- the United States Postal Service located at Education and Labor, and Ways and Means, ation of certain proposed rescissions of budg- 118 Minner Street in Bakersfield, California, for a period to be subsequently determined et authority, and for other purposes; to the as the ‘‘Buck Owens Post Office’’; to the by the Speaker, in each case for consider- Committee on the Budget, and in addition to Committee on Oversight and Government ation of such provisions as fall within the ju- the Committee on Rules, for a period to be Reform. risdiction of the committee concerned. subsequently determined by the Speaker, in By Mr. MCDERMOTT (for himself, Mr. By Mr. KENNEDY (for himself, Mr. each case for consideration of such provi- MARKEY, and Mr. WELLER): REICHERT, and Mr. SMITH of Wash- sions as fall within the jurisdiction of the H.R. 1385. A bill to amend the Internal Rev- ington): committee concerned. enue Code of 1986 to improve and extend cer- H.R. 1368. A bill to establish a program to By Mr. CARDOZA: tain energy-related tax provisions, and for provide financial incentives to encourage the H.R. 1376. A bill to amend title XIX of the other purposes; to the Committee on Ways adoption and use of interactive personal Social Security Act to establish independent and Means. health records; to the Committee on Energy foster care adolescents as a mandatory cat- By Mr. MCDERMOTT (for himself, Mr. and Commerce, and in addition to the Com- egory (and not an optional category) of indi- EMANUEL, Mr. ARCURI, Mr. STARK, mittee on Ways and Means, for a period to be viduals for coverage under State Medicaid Mr. LEVIN, Mr. LEWIS of Georgia, Mr. subsequently determined by the Speaker, in programs; to the Committee on Energy and DAVIS of Alabama, Ms. CASTOR, Mr. each case for consideration of such provi- Commerce. KAGEN, Mr. HALL of New York, and sions as fall within the jurisdiction of the By Mr. CUELLAR (for himself, Mr. Mr. ELLISON): committee concerned. RENZI, Mr. MCGOVERN, Mr. PASTOR, H.R. 1386. A bill to repeal a provision en- By Mrs. MALONEY of New York: and Ms. HERSETH): acted to end Federal matching of State H.R. 1369. A bill to amend the Family and H.R. 1377. A bill to amend the Internal Rev- Medical Leave Act of 1993 to expand the spending of child support incentive pay- enue Code of 1986 to provide a credit against scope of the Act, and for other purposes; to ments; to the Committee on Ways and tax for an individual teaching in a school the Committee on Education and Labor, and Means. with a significant number of limited English in addition to the Committees on Oversight By Mr. MELANCON: and Government Reform, and House Admin- proficient students and to provide a deduc- H.R. 1387. A bill to adjust the boundary of istration, for a period to be subsequently de- tion for expenses paid or incurred by a teach- the Barataria Preserve Unit of the Jean La- termined by the Speaker, in each case for er for courses required for certification in fitte National Historical Park and Preserve consideration of such provisions as fall with- teaching English as a second language; to in the State of Louisiana, and for other pur- in the jurisdiction of the committee con- the Committee on Ways and Means. poses; to the Committee on Natural Re- cerned. By Mr. GOODE: sources. By Mr. BUYER (for himself, Mr. H.R. 1378. A bill to amend the Internal Rev- By Mr. SARBANES (for himself, Mr. enue Code of 1986 to allow individuals to des- BOOZMAN, Mr. BURTON of Indiana, Mr. HOYER, Mr. GILCHREST, Mr. MORAN of ignate any portion of a refund for use by the BILIRAKIS, Ms. HERSETH, and Mr. Virginia, Mr. WYNN, Mr. Secretary of Health and Human Services in LAMBORN): RUPPERSBERGER, Mr. VAN HOLLEN, H.R. 1370. A bill to amend title 38, United providing catastrophic health coverage to in- Ms. NORTON, Mrs. JO ANN DAVIS of States Code, to establish in the Department dividuals who do not otherwise have health Virginia, and Mr. TOM DAVIS of Vir- of Veterans Affairs an Office of National Vet- coverage; to the Committee on Ways and ginia): Means, and in addition to the Committee on erans Sports Programs and Special Events; H.R. 1388. A bill to amend the National Energy and Commerce, for a period to be to the Committee on Veterans’ Affairs. Trails System Act to designate the Star- subsequently determined by the Speaker, in By Ms. BALDWIN (for herself, Mr. Spangled Banner Trail in the States of Mary- each case for consideration of such provi- LAHOOD, Mr. PENCE, and Mr. WALZ of land and Virginia and the District of Colum- sions as fall within the jurisdiction of the Minnesota): bia as a National Historic Trail; to the Com- committee concerned. H.R. 1371. A bill to amend the Farm Secu- mittee on Natural Resources. By Mr. GUTIERREZ (for himself, Ms. rity and Rural Investment Act of 2002 to pro- By Mr. SARBANES (for himself, Mr. vide producers on a farm with greater flexi- SCHAKOWSKY, Mr. HONDA, Mr. ABER- HOYER, Mr. CUMMINGS, Mr. GIL- bility in selecting the crops to be planted on CROMBIE, Ms. SOLIS, Mr. PASTOR, Mr. CHREST, Mr. WYNN, Mr. RUPPERSBER- the base acres of the farm; to the Committee GRIJALVA, and Mr. REYES): GER, Mr. VAN HOLLEN, Mrs. JO ANN on Agriculture. H.R. 1379. A bill to assist aliens who have DAVIS of Virginia, Mr. DAVIS of Ken- By Mr. GEORGE MILLER of California been lawfully admitted in becoming citizens tucky, Mr. HIGGINS, Mr. STUPAK, Mr. (for himself, Mr. MELANCON, Mr. JEF- of the United States, and for other purposes; DINGELL, Mr. MCHUGH, Ms. NORTON, FERSON, Mr. SCOTT of Virginia, Mr. to the Committee on the Judiciary. Mr. MCCOTTER, and Mr. MORAN of DAVIS of Illinois, Mrs. MCCARTHY of By Mr. HOLDEN (for himself and Mr. Virginia): New York, Mr. GRIJALVA, Mr. PAYNE, PLATTS): Ms. SHEA-PORTER, Mr. HINOJOSA, Mr. H.R. 1380. A bill to amend title II of the So- H.R. 1389. A bill to establish the Star-Span- RANGEL, Mr. CUMMINGS, Mr. JINDAL, cial Security Act to provide that a monthly gled Banner and War of 1812 Bicentennial Mr. TAYLOR, and Mr. DAVIS of Ala- insurance benefit thereunder shall be paid Commission, and for other purposes; to the bama): for the month in which the recipient dies, Committee on Oversight and Government H.R. 1372. A bill to provide grants to re- subject to a reduction of 50 percent if the re- Reform. cruit new teachers, principals, and other cipient dies during the first 15 days of such By Mr. TANCREDO (for himself and school leaders to, and retain and support month, and for other purposes; to the Com- Mr. ROHRABACHER): current and returning teachers, principals, mittee on Ways and Means. H.R. 1390. A bill to require Senate con- and other school leaders employed in, public By Mrs. JONES of Ohio (for herself, firmation of an individual appointed to serve elementary and public secondary schools, Mr. LEWIS of Georgia, Mr. HASTINGS as the Director of the American Institute in and to help higher education, in areas im- of Florida, Mr. CLAY, and Mr. COHEN): Taiwan; to the Committee on Foreign Af- pacted by Hurricane Katrina or Hurricane H.R. 1381. A bill to amend the Help Amer- fairs. Rita, and for other purposes; to the Com- ica Vote Act of 2002 to improve the adminis- By Mr. VISCLOSKY (for himself, Mr. mittee on Education and Labor. tration of elections for Federal office, and RANGEL, Mr. KING of New York, Mr. By Mr. BACA (for himself and Ms. CAR- for other purposes; to the Committee on MCGOVERN, Ms. CARSON, and Mr. SON): House Administration, and in addition to the MCNULTY):

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H.R. 1391. A bill to accelerate efforts to de- HINOJOSA, Mr. SIRES, Ms. JACKSON- H.R. 171: Mr. GUTIERREZ, Mr. HARE, Ms. velop vaccines for diseases primarily affect- LEE of Texas, Ms. WATSON, Mr. SHER- WATSON, Mr. COHEN, and Mr. SERRANO. ing developing countries, and for other pur- MAN, Mr. LANTOS, Mr. BERMAN, Mr. H.R. 190: Mr. BURTON of Indiana. poses; to the Committee on Energy and Com- ENGEL, Mr. DELAHUNT, Mr. SMITH of H.R. 196: Mr. BERRY. merce, and in addition to the Committees on Washington, Mr. CARNAHAN, Mr. H.R. 197: Mrs. JONES of Ohio, Mr. LANGE- Foreign Affairs, and Financial Services, for a GENE GREEN of Texas, Ms. WOOLSEY, VIN, and Mr. PETRI. period to be subsequently determined by the Mr. WU, Ms. LINDA T. SA´ NCHEZ of H.R. 243: Mr. MILLER of Florida. Speaker, in each case for consideration of California, Ms. MCCOLLUM of Min- H.R. 296: Mr. BAKER. such provisions as fall within the jurisdic- nesota, and Mr. WEXLER): H.R. 322: Mr. BLUNT. tion of the committee concerned. H. Res. 222. A resolution expressing the H.R. 406: Mr. GENE GREEN of Texas. By Mr. WEINER (for himself and Mr. support of the House of Representatives for H.R. 471: Mr. MILLER of North Carolina, Mr. LEWIS of Georgia, Mr. RAMSTAD, Mr. FLAKE): the Good Friday Agreement, signed on April H.R. 1392. A bill to amend the Homeland 10, 1998, as a blueprint for a lasting peace in HERGER, Mr. CROWLEY, Mr. KAGEN, Mr. Security Act of 2002 to direct the Secretary Northern Ireland, and for other purposes; to BISHOP of New York, Mr. MCHUGH, and Mr. of Homeland Security to require, as a condi- the Committee on Foreign Affairs. DANIEL E. LUNGREN of California. tion of receiving a homeland security grant, By Mr. SHADEGG (for himself, Mr. H.R. 477: Mr. WALSH of New York, Mr. MIL- LER of North Carolina, Mr. BRADY of Penn- that a grant recipient submit reports on CHABOT, Mr. POE, Mr. FRANKS of Ari- sylvania, Mr. KNOLLENBERG, Mr. COHEN, Mr. each expenditure made using grant funds; to zona, Mr. MOORE of Kansas, Mr. REYES, Ms. CARSON, Mr. HILL, Mr. BOSWELL, the Committee on Homeland Security. ORTIZ, Mr. GARRETT of New Jersey, Mr. HINCHEY, Mr. PASCRELL, and Mr. By Mr. WHITFIELD (for himself, Mr. Mr. KING of New York, Mr. DOYLE, MCHUGH. WILSON of Ohio, and Mr. SHIMKUS): Mrs. CUBIN, Mr. GORDON, Mr. H.R. 488: Ms. NORTON, Mr. GONZALEZ, and H.R. 1393. A bill to amend the USEC Pri- RUPPERSBERGER, Ms. FALLIN, Mr. Mr. ELLISON. vatization Act to provide an extension of the GOHMERT, Mr. REICHERT, Mrs. H.R. 526: Mr. COHEN. period during which individuals may bring a MYRICK, Mr. BARRETT of South Caro- H.R. 539: Mr. DELAHUNT. suit for certain violations of employee pro- lina, Mr. PITTS, Mr. GINGREY, Mr. H.R. 579: Mr. BRALEY of Iowa, Mr. BECERRA, tection provisions under such Act; to the ISSA, Mr. TANCREDO, Mr. LINDER, Mr. Mr. BILIRAKIS, Mr. OBERSTAR, Ms. WOOLSEY, Committee on Energy and Commerce, and in GOODE, Mr. DANIEL E. LUNGREN of Mr. MICHAUD, and Mr. COHEN. addition to the Committee on the Judiciary, ORDAN RADY California, Mr. J , Mr. B of H.R. 583: Mr. MCHENRY, Mr. WAMP, Ms. for a period to be subsequently determined ARTLETT Texas, Mr. B of Maryland, HERSETH, and Mrs. JO ANN DAVIS of Virginia. by the Speaker, in each case for consider- ˜ Mr. FORTUNO, Mr. WILSON of South H.R. 621: Mr. MCCAUL of Texas, Mr. ation of such provisions as fall within the ju- Carolina, Mr. CANTOR, Mr. RYAN of ETHERIDGE, Mr. BARTLETT of Maryland, Mr. risdiction of the committee concerned. Wisconsin, Mr. KLINE of Minnesota, PITTS, and Mr. FRANK of Massachusetts. By Mr. WILSON of South Carolina: Mr. DAVID DAVIS of Tennessee, Mr. H.R. 634: Mr. HASTERT, Mr. BISHOP of New H.R. 1394. A bill to expand the teacher loan AKIN, and Mr. WELDON of Florida): York, Mr. ABERCROMBIE, Mr. ALLEN, Mr. forgiveness provisions of the Higher Edu- H. Res. 223. A resolution supporting the GALLEGLY, and Mr. ORTIZ. cation Act of 1965 to include speech-language goals and ideals of a National Day of Re- H.R. 653: Mr. LAMPSON. pathologists; to the Committee on Education membrance for Murder Victims; to the Com- H.R. 661: Mr. ABERCROMBIE and Mr. UDALL and Labor. mittee on Oversight and Government Re- of New Mexico. By Mr. WILSON of South Carolina: form. H.R. 676: Mr. FRANK of Massachusetts. H.R. 1395. A bill to prevent abuse of Gov- By Mr. SHUSTER: H.R. 677: Ms. LEE, Mr. PASCRELL, and Mr. ernment credit cards; to the Committee on H. Res. 224. A resolution expressing the COHEN. Oversight and Government Reform, and in sense of the House of Representatives that H.R. 678: Mr. ALLEN. addition to the Committee on Armed Serv- corporate owners of websites that share user- H.R. 697: Ms. FOXX. ices, for a period to be subsequently deter- posted videos should take action to remove H.R. 698: Mr. HOLT, Mr. WEXLER, and Mr. mined by the Speaker, in each case for con- jihadi propaganda; to the Committee on En- CARNEY. sideration of such provisions as fall within ergy and Commerce. H.R. 699: Mr. BOUSTANY and Mr. SMITH of the jurisdiction of the committee concerned. By Mr. WALBERG (for himself, Mr. Nebraska. By Ms. WOOLSEY: STUPAK, Mr. HOEKSTRA, Mr. EHLERS, H.R. 725: Mr. WICKER and Mr. SIMPSON. H.R. 1396. A bill to amend the Organic Mr. CAMP of Michigan, Mr. KILDEE, H.R. 741: Mr. ENGLISH of Pennsylvania and Foods Production Act of 1990 to prohibit the Mr. UPTON, Mr. ROGERS of Michigan, Mr. KENNEDY. labeling of cloned livestock and products de- Mr. KNOLLENBERG, Mrs. MILLER of H.R. 758: Mr. ETHERIDGE, Mr. PASCRELL, rived from cloned livestock as organic; to Michigan, Mr. MCCOTTER, Mr. LEVIN, Mr. MACK, and Mr. OBERSTAR. the Committee on Agriculture. Ms. KILPATRICK, Mr. CONYERS, and H.R. 770: Mr. STARK. By Mr. CLEAVER: Mr. DINGELL): H.R. 782: Ms. KAPTUR and Mr. ROGERS of H. Con. Res. 84. Concurrent resolution en- H. Res. 225. A resolution congratulating Kentucky. couraging recognition of February 13th of Tony Dungy, a native of Jackson, Michigan, H.R. 787: Ms. KAPTUR, Mr. DAVIS of Illinois, each year for the founding for the Negro for leading the Indianapolis Colts to victory and Mr. MORAN of Virginia. Leagues in Kansas City, Missouri; to the in Super Bowl XLI; to the Committee on H.R. 806: Mr. HOLDEN. Committee on Oversight and Government Oversight and Government Reform. H.R. 826: Mr. POE. Reform. By Ms. WOOLSEY: H.R. 880: Mr. SHAYS, Mr. SENSENBRENNER, By Mr. ISSA: H. Res. 226. A resolution to recognize John and Mr. REICHERT. H. Res. 218. A resolution amending the Pehle for his contributions to the Nation in H.R. 882: Ms. SHEA-PORTER, Mr. PORTER, Rules of the House of Representatives to re- helping rescue Jews and other minorities Mr. UPTON, Ms. DEGETTE, Mr. GONZALEZ, Mr. quire that, as of the date of adoption of this from the Holocaust during World War II; to CLEAVER, Mr. BOUSTANY, and Ms. HOOLEY. resolution, a proportional distribution of the Committee on Foreign Affairs. H.R. 895: Mr. BRADY of Pennsylvania. committee seats, staff, and financial re- By Ms. WOOLSEY: H.R. 925: Mr. MCKEON. sources be made; to the Committee on Rules. H. Res. 227. A resolution calling for the H.R. 939: Mr. COBLE, Mr. POE, and Mrs. JO By Mr. SAM JOHNSON of Texas: adoption of a Sensible, Multilateral Amer- ANN DAVIS of Virginia. H. Res. 220. A resolution providing for con- ican Response Terrorism (SMART) security H.R. 981: Mr. LATOURETTE. sideration of the bill (H. R. 511) to pledge the platform for the 21st century; to the Com- H.R. 988: Mr. HUNTER, Mr. CAMPBELL of faithful support of Congress to members of mittee on Foreign Affairs. California, Mr. ISSA, Mr. BILBRAY, Mrs. the United States Armed Forces serving in BONO, Mr. ROHRABACHER, Mr. ROYCE, Mr. f harm’s way; to the Committee on Rules. LEWIS of California, Mr. GARY G. MILLER of By Ms. LEE (for herself and Mr. ADDITIONAL SPONSORS California, Mr. SCHIFF, Mr. MCKEON, Mr. THOMPSON of Mississippi): DREIER, Mr. NUNES, Mr. MCCARTHY of Cali- Under clause 7 of rule XII, sponsors H. Res. 221. A resolution honoring the life, fornia, Mr. DANIEL E. LUNGREN of California, legacy, and contributions of Fannie Lou were added to public bills and resolu- Mr. HASTERT, Mr. POE, Mr. PATRICK MURPHY Townsend Hamer on the 30th anniversary of tions as follows: of Pennsylvania, and Ms. SOLIS. her death for her dedication to freedom and H.R. 74: Mr. UDALL of Colorado and Mr. H.R. 992: Ms. WOOLSEY. justice; to the Committee on the Judiciary. CASTLE. H.R. 998: Ms. BEAN, Ms. EDDIE BERNICE By Mrs. MCCARTHY of New York (for H.R. 111: Ms. BORDALLO, Mr. COURTNEY, Mr. JOHNSON of Texas, Mr. MARKEY, Mr. herself, Mr. WALSH of New York, Mr. BROWN of South Carolina, Mr. BISHOP of New PERLMUTTER, Mr. SIRES, MS. CARSON, Mr. NEAL of Massachusetts, Mr. PAYNE, York, Ms. EDDIE BERNICE JOHNSON of Texas, GUTIERREZ, Mr. KANJORSKI, Mr. MEEKS of Mr. GALLEGLY, Mr. MCHUGH, Mrs. Mr. CONYERS, and Mr. LANTOS. New York, Mr. MILLER of North Carolina, MALONEY of New York, Mr. DOYLE, H.R. 140: Mr. ELLISON, Mr. MARSHALL, and Mr. SCOTT of Georgia, Ms. VELA´ ZQUEZ, Ms. Mr. HIGGINS, Mr. CROWLEY, Mr. KING Ms. CARSON. WATERS, and Mr. WEXLER. of New York, Mr. ACKERMAN, Mr. H.R. 146: Mr. PAYNE, Mr. REGULA, and Mr. H.R. 1000: Mr. DAVIS of Illinois, Mr. SCOTT MEEKS of New York, Mr. TANNER, Mr. MILLER of Florida. of Georgia, Mr. WATT, Mr. DAVIS of Alabama,

VerDate Aug 31 2005 04:54 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\L07MR7.100 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS March 7, 2007 CONGRESSIONAL RECORD — HOUSE H2303 Ms. LEE, Ms. CLARKE, Mr. CONYERS, Mr. H.R. 1287: Mr. GEORGE MILLER of California limited tax benefits, or limited tariff SCOTT of Virginia, Mr. RUSH, Ms. JACKSON- and Ms. HOOLEY. benefits were submitted as follows: LEE of Texas, Mr. SCHIFF, and Mr. FATTAH. H.R. 1289: Ms. NORTON. OFFERED BY MR. OBERSTAR H.R. 1014: Mr. BRADY of Pennsylvania, Mr. H.R. 1293: Mr. MCHUGH, Mr. POE, Mr. MIL- RUSH, Ms. BERKLEY, Mr. COHEN, Mr. LER of Florida, and Mr. WEINER. The amendment No. 1 to be offered by Mr. RODRIGUEZ, Mr. FILNER, and Mr. KENNEDY. H.R. 1307: Mr. LAMPSON. OBERSTAR, or a designee, to H.R. 720, the H.R. 1022: Mr. CROWLEY, Mr. FATTAH, Mr. H.R. 1314: Mr. BARTLETT of Maryland, Mr. Water Quality Financing Act of 2007, does FILNER, Mr. FRANK of Massachusetts, Ms. POE, Mr. TANCREDO, Mr. HOEKSTRA, Mr. WIL- not contain any congressional earmarks, JACKSON-LEE of Texas, Mrs. MALONEY of New SON of South Carolina, Mr. GOODE, and Mr. limited tax benefits, or limited tariff bene- York, Mr. MEEHAN, Mr. MORAN of Virginia, ISSA. fits as defined in clause 9(d), 9(e), or 9(f) of Mr. ACKERMAN, Ms. SCHAKOWSKY, Mr. SCHIFF, H.R. 1325: Mr. PALLONE, Mr. BECERRA, and Rule XXI of the Rules of the House of Rep- and Mr. VAN HOLLEN. Mr. PASCRELL. resentatives. H.R. 1034: Mr. MCCAUL of Texas. H.R. 1330: Mr. VAN HOLLEN, Mr. KIRK, Mr. OFFERED BY MR. GEORGE MILLER OF H.R. 1040: Mr. MILLER of Florida. HOLDEN, and Mr. BRALEY of Iowa. CALIFORNIA H.R. 1043: Mr. CRAMER, Mr. DAVIS of Illi- H.R. 1342: Mr. WESTMORELAND. H.R. 1372, the Revitalizing New Orleans by nois, Mr. CHANDLER, Mr. GORDON, and Mr. H.R. 1350: Mr. KIND, Mr. MCCOTTER, Mr. Attracting America’s Leaders Act of 2007, CUELLAR. GILLMOR, Mr. REGULA, Mr. LEVIN, Mr. KIL- contains the following congressional ear- H.R. 1057: Mr. FEENEY. DEE, and Mr. KUHL of New York. marks as defined in clause 9(d) of House Rule H.R. 1064: Mr. CLAY, Mr. ISRAEL, Mr. H.R. 1352: Mr. WEXLER and Mr. LANTOS. XXI: BISHOP of New York, Mrs. TAUSCHER, Mr. H.R. 1353: Mr. CUELLAR and Mr. DEFAZIO. Designates grants to state educational KIRK, Ms. LEE, Mr. SPRATT, Ms. CLARKE, Mr. H.R. 1355: Mr. SPRATT and Ms. FOXX. agencies affected by Hurricane Katrina or TIM MURPHY of Pennsylvania, Mr. LYNCH, H.R. 1359: Mr. DUNCAN. Hurricane Rita, in the States of Louisiana, and Mr. WU. H.R. 1363: Mrs. CHRISTENSEN and Mr. MAR- Mississippi, and Alabama; and H.R. 1069: Mrs. NAPOLITANO. SHALL. Designates grants to eligible institutions H.R. 1076: Mr. YOUNG of Alaska. H. J. Res. 9: Mr. WICKER and Mr. BLUNT. of higher education in the States of Lou- H.R. 1085: Mr. WAMP and Mrs. MYRICK. H. Con. Res. 9: Ms. BERKLEY. H.R. 1086: Mr. WAMP and Mrs. MYRICK. isiana, Mississippi, and Alabama. H. Con. Res. 50: Mr. CANTOR, Mr. WILSON of H.R. 1115: Ms. BORDALLO and Mr. LEVIN. South Carolina, Mr. GOODLATTE, Mr. SHAD- H.R. 1125: Mrs. MCMORRIS RODGERS, Mrs. f EGG, Mr. RYAN of Wisconsin, Mr. DAVID MYRICK, Mr. SAM JOHNSON of Texas, Mrs. DAVIS of Tennessee, Mr. WELDON of Florida, DRAKE, Mr. FRANKs of Arizona, Mr. CAMP- AMENDMENTS Mr. WESTMORELAND, Mr. CHABOT, Mr. GOODE, BELL of California, Ms. FALLIN, Mr. POE, Mr. Mr. DANIEL E. LUNGREN of California, Mr. Under clause 8 of rule XVIII, pro- REICHERT, and Mr. PEARCE. BRADY of Texas, Mr. HOEKSTRA, Mr. JORDAN, posed amendments were submitted as H.R. 1132: Ms. BERKLEY, Mr. MCHUGH, Mr. Mr. FORBES, Mr. GINGREY, Mr. PITTS, Mr. CLEAVER, Mr. COURTNEY, Mr. MOORE of Kan- follows: SALI, Mr. ISSA, Mr. MARCHANT, Mr. AKIN, and sas, Mr. RUSH, Mr. TIM MURPHY of Pennsyl- H.R. 720 Mr. BARTLETT of Maryland. vania, Mr. ENGEL, Ms. SCHAKOWSKY, Mr. H. Con. Res. 60: Mr. CARNEY, Mr. FILNER, OFFERED BY: MR. OBERSTAR GENE GREEN of Texas, Mr. GORDON, Mr. and Mr. MILLER of Florida. AMENDMENT NO. 1: Page 4, line 7, strike UDALL of Colorado, Mr. KENNEDY, and Mr. H. Con. Res. 68: Mr. PAYNE, Mr. FOSSELLA, ‘‘wastewater infrastructure assistance’’ and ELLISON. and Mr. GALLEGLY. insert ‘‘eligible projects described in section H.R. 1134: Mr. EHLERS and Mr. ENGLISH of OODLATTE and Mr. FORBES. 603(c)’’. Pennsylvania. H. Res. 16: Mr. G H. Res. 18: Mr. MARCHANT and Mr. Page 5, after line 9, insert the following: H.R. 1148: Mr. CAPUANO. ILCHREST (c) SMALL FLOWS CLEARINGHOUSE.—Section H.R. 1153: Ms. FALLIN, Mr. BARTLETT of G . APTUR ING 104(q)(4) (33 U.S.C. 1254(q)(4)) is amended— Maryland, Mr. WILSON of South Carolina, H. Res. 49: Ms. K , Mr. K of New ETERSON (1) in the first sentence by striking and Mr. GOODLATTE. York, and Mr. P of Minnesota. ‘‘$1,000,000’’ and inserting ‘‘$3,000,000’’; and H.R. 1157: Mr. TERRY, Mr. GENE GREEN of H. Res. 76: Mr. KENNEDY. (2) in the second sentence by striking Texas, Mr. BOUCHER, Mr. GERLACH, Mr. H. Res. 101: Mr. JACKSON of Illinois, Mr. ‘‘1986’’ and inserting ‘‘2009’’. PETRI, Mr. MATHESON, Ms. BORDALLO, Mr. VAN HOLLEN, Mr. GONZALEZ, Mr. Page 5, line 10, strike ‘‘(c)’’ and insert BURTON of Indiana, Mr. OLVER, Mr. MARKEY, FALEOMAVAEGA, Mr. ENGEL, Mr. TOWNS, and ‘‘(d)’’. Mr. WU, Mr. FATTAH, Mr. EDWARDS, and Mr. Mr. RANGEL. Page 6, strike lines 14 through 16 and insert MCNULTY. H. Res. 107: Mr. BRADY of Pennsylvania and H.R. 1188: Mrs. DAVIS of California. Mr. SHUSTER. the following: H.R. 1192: Mr. MCHUGH, and Mr. ABER- H. Res. 118: Mr. SCOTT of Virginia. (B) in paragraph (2) by striking ‘‘in reduc- CROMBIE. H. Res. 136: Mr. UDALL of Colorado and Mr. ing such pollutants’’ and all that follows be- H.R. 1198: Mr. MCCOTTER. KUHL of New York. fore the period at the end and inserting ‘‘to H.R. 1228: Mr. THOMPSON of California. H. Res. 146: Ms. MCCOLLUM of Minnesota. manage, reduce, treat, or reuse municipal H.R. 1232: Mr. MARKEY, Mr. CONYERS, Mr. H. Res. 171: Mr. GONZALEZ, Mr. BERMAN, stormwater, including low-impact develop- MORAN of Kansas, Mr. NEAL of Massachu- and Mr. WICKER. ment technologies’’; and setts, Mrs. CAPPS, and Mr. ROGERS of Ala- H. Res. 185: Mr. BERMAN. Page 11, lines 9 and 10, strike ‘‘has consid- bama. H. Res. 186: Mr. HOLT and Mr. MCINTYRE. ered’’ and all that follows through ‘‘alter- H.R. 1242: Mrs. EMERSON, Mr. SKELTON, Mr. H. Res. 197: Mr. SHERMAN, Mr. DICKS, Mr. native management’’ and insert the fol- AKIN, and Mr. CLEAVER. COHEN, Mr. COOPER, Mr. PAYNE, Mr. MOORE of lowing: ‘‘has considered, to the maximum ex- H.R. 1257: Ms. MOORE of Wisconsin, Mr. Kansas, Mr. TANNER, Mr. HOLT, Ms. HARMAN, tent practical and as determined appropriate MEEKS of New York, Mr. LYNCH, Ms. CARSON, Mr. JEFFERSON, Mr. HIGGINS, Mrs. DAVIS of by the recipient, the costs and effectiveness Mr. MARSHALL, and Mrs. MALONEY of New California, and Mr. KLEIN of Florida. of other design, management,’’. Page 14, strike lines 1 and 2 and insert the York. f H.R. 1261: Mr. GOODLATTE, Mr. GOODE, and following: Mr. GARY G. MILLER of California. CONGRESSIONAL EARMARKS, LIM- ‘‘(6) for measures to manage, reduce, treat, H.R. 1279: Mr. TIERNEY and Mr. KILDEE. ITED TAX BENEFITS, OR LIM- or reuse municipal stormwater;’’. H.R. 1281: Ms. ESHOO, Mr. GONZALEZ, Ms. ITED TARIFF BENEFITS Page 18, line 3, insert ‘‘low-impact tech- LINDA T. SA´ NCHEZ of California, Mrs. LOWEY, nologies,’’ before ‘‘nonstructural’’. Mr. WEXLER, Mr. CUELLAR, and Ms. Under clause 9 of rule XXI, lists or Page 18, line 5, insert ‘‘nutrient’’ before WASSERMAN SCHULTZ. statements on congressional earmarks, ‘‘pollutant trading’’.

VerDate Aug 31 2005 04:06 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A07MR7.032 H07MRPT1 jcorcoran on PROD1PC66 with REPORTS E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, FIRST SESSION

Vol. 153 WASHINGTON, WEDNESDAY, MARCH 7, 2007 No. 39 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, noon. We will try to do it at about 1 called to order by the Honorable BEN- PRESIDENT PRO TEMPORE, o’clock. One reason we cannot back the JAMIN L. CARDIN, a Senator from the Washington, DC, March 7, 2007. votes up is because we have a joint ses- State of Maryland. To the Senate: Under the provisions of rule I, paragraph 3, sion of Congress with King Abdullah, of the Standing Rules of the Senate, I hereby the King of Jordan, who has been such PRAYER appoint the Honorable BENJAMIN L. CARDIN, a good ally—he and his father—of our The Chaplain, Dr. Barry C. Black, of- a Senator from the State of Maryland, to country, and a lot of us are looking for- fered the following prayer: perform the duties of the Chair. ward to hearing that speech he is going Let us pray. ROBERT C. BYRD, to deliver. Oh Lord God Almighty, guide those President pro tempore. to whom You have committed the Gov- Mr. CARDIN thereupon assumed the ORDER OF PROCEDURE ernment of this Nation. Give special chair as Acting President pro tempore. Mr. President, I ask unanimous con- gifts of wisdom and understanding to f sent that the votes scheduled to occur the leaders and members of our execu- RECOGNITION OF THE MAJORITY at 10 a.m. occur later this afternoon. I tive, legislative, and judicial branches LEADER will work with the Republican leader of Government, empowering them to to make sure it is a time that is con- The ACTING PRESIDENT pro tem- uphold what is right and to follow what venient. is true. pore. The majority leader is recog- Lord, strengthen them to obey Your nized. The ACTING PRESIDENT pro tem- holy will and to fulfill Your divine in- f pore. Without objection, it is so or- dered. tentions. Imbue them with integrity of SCHEDULE purpose and unfailing devotion to Your Mr. REID. Mr. President, I would say Mr. REID. Mr. President, I am sure it plans. May they promote the welfare of the two votes we had lined up we have is difficult for people who live outside all our citizens, redressing social been wanting to do for a while, the one the Washington, DC, area to under- wrongs and relieving the oppressed. offered by the manager of the bill, Sen- Help them to work together with one stand why we are not going to be able to have a couple votes this morning. I ator COLLINS, and the one offered by heart to secure equality of opportunity Senator MCCASKILL. We will try to do and due reward for all. have not had a chance to speak with the Republican leader. I apologize. those votes first and then move on to We pray in Your merciful Name. other matters. Amen. There is nothing to apologize for, I just have not had the opportunity to do Staffs are also working to see if we f that, or to talk to the two managers of can come up with an agreement on the the bill. But in Washington, it is dif- nongermane amendments. We have a PLEDGE OF ALLEGIANCE ferent than a lot of places. We have number of nongermane amendments on several bridges that feed into this area both sides. We are going to try to set The Honorable BENJAMIN L. CARDIN coming from Virginia. A lot of the staff up votes on those. One of the things we led the Pledge of Allegiance, as follows: and Senators live in Virginia when have to make sure is covered in any I pledge allegiance to the Flag of the they are here attending sessions of consent agreement is, if we do vote on United States of America, and to the Repub- Congress. these nongermane amendments, it does lic for which it stands, one nation under God, To make a long story short, we have indivisible, with liberty and justice for all. not change what would be germane essential staff who are not here right postcloture because, in fact, if we did now. We have Senators—at least one f not do that, there would be a lot of Senator stuck on a train because of the things that would be germane bad weather. As I say, it might be dif- postcloture that should not be at- APPOINTMENT OF ACTING ficult for people who see a lot of snow tached to this bill. But we have very PRESIDENT PRO TEMPORE all the time to understand why an inch able staff who can work on this along The PRESIDING OFFICER. The or two or three of snow causes all these with the managers of the bill. clerk will please read a communication problems, but it does. It has been that to the Senate from the President pro way and will continue to be that way. I again apologize to everyone, but tempore (Mr. BYRD). Because of that, I am going to ask those are the facts of life in the bitter The legislative clerk read the fol- consent that the votes scheduled to winter of an inch of snow in Wash- lowing letter: occur at 10 a.m. occur later this after- ington.

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

S2743

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VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.000 SWEST PsN: S07MRPT1 S2744 CONGRESSIONAL RECORD — SENATE March 7, 2007 RESERVATION OF LEADER TIME McConnell (for Kyl) modified amendment Lieberman (for Menendez) amendment No. No. 317 (to amendment No. 275), to prohibit The ACTING PRESIDENT pro tem- 354 (to amendment No. 275), to improve the the rewarding of suicide bombings and allow security of cargo containers destined for the pore. Under the previous order, the adequate punishments for terrorist murders, United States. leadership time is reserved. kidnappings, and sexual assaults. Specter amendment No. 286 (to amendment f McConnell (for Kyl) amendment No. 318 (to No. 275), to restore habeas corpus for those amendment No. 275), to protect classified in- detained by the United States. IMPROVING AMERICA’S SECURITY formation. Kyl modified amendment No. 357 (to ACT OF 2007 McConnell (for Kyl) amendment No. 319 (to amendment No. 275), to amend the data-min- The ACTING PRESIDENT pro tem- amendment No. 275), to provide for relief ing technology reporting requirement to from (a)(3)(B) immigration bars from the avoid revealing existing patents, trade se- pore. Under the previous order, the Hmong and other groups who do not pose a Senate will resume consideration of S. crets, and confidential business processes, threat to the United States, to designate the and to adopt a narrower definition of data 4, which the clerk will report. Taliban as a terrorist organization for immi- mining in order to exclude routine computer The legislative clerk read as follows: gration purposes. searches. A bill (S. 4) to make the United States McConnell (for Kyl) amendment No. 320 (to Ensign amendment No. 363 (to amendment more secure by implementing unfinished rec- amendment No. 275), to improve the Classi- No. 275), to establish a Law Enforcement As- ommendations of the 9/11 Commission to fied Information Procedures Act. sistance Force in the Department of Home- fight the war on terror more effectively, to McConnell (for Grassley) amendment No. land Security to facilitate the contributions improve homeland security, and for other 300 (to amendment No. 275), to clarify the of retired law enforcement officers during purposes. revocation of an alien’s visa or other docu- major disasters. mentation is not subject to judicial review. Pending: McConnell (for Grassley) amendment No. The ACTING PRESIDENT pro tem- Reid amendment No. 275, in the nature of a 309 (to amendment No. 275), to improve the pore. Under the previous order, the substitute. prohibitions on money laundering. time until 10 a.m. shall be equally di- Sununu amendment No. 291 (to amendment Thune amendment No. 308 (to amendment vided and controlled by the Senator No. 275), to ensure that the emergency com- No. 275), to expand and improve the Pro- from Missouri, Mrs. MCCASKILL, and munications and interoperability commu- liferation Security Initiative while pro- nications grant program does not exclude tecting the national security interests of the the Senator from Maine, Ms. COLLINS, Internet Protocol-based interoperable solu- United States. or their designees. tions. Cardin amendment No. 326 (to amendment The majority leader is recognized. Salazar/Lieberman modified amendment No. 275), to provide for a study of modifica- AMENDMENT NO. 316, AS MODIFIED, TO AMEND- No. 290 (to amendment No. 275), to require a tion of area of jurisdiction of Office of Na- MENT NO. 275; AND AMENDMENT NO. 315 WITH- quadrennial homeland security review. tional Capital Region Coordination. DRAWN Lieberman amendment No. 315 (to amend- Cardin amendment No. 327 (to amendment Mr. REID. Mr. President, I now ask ment No. 275), to provide appeal rights and No. 275), to reform mutual aid agreements employee engagement mechanisms for pas- for the National Capital Region. unanimous consent that the McCaskill senger and property screeners. Cardin modified amendment No. 328 (to amendment No. 316 be modified to be a McCaskill amendment No. 316 (to amend- amendment No. 275), to require Amtrak con- first-degree amendment and that the ment No. 315), to provide appeal rights and tracts and leases involving the State of Lieberman amendment No. 315 be with- employee engagement mechanisms for pas- Maryland to be governed by the laws of the drawn. senger and property screeners. District of Columbia. The ACTING PRESIDENT pro tem- Dorgan/Conrad amendment No. 313 (to Schumer/Clinton amendment No. 336 (to amendment No. 275), to require a report to amendment No. 275), to prohibit the use of pore. Is there objection? Congress on the hunt for Osama bin Laden, the peer review process in determining the Mr. REID. Mr. President, I withhold Ayman al-Zawahiri, and the leadership of al- allocation of funds among metropolitan for 1 second. Qaida. areas applying for grants under the Urban The ACTING PRESIDENT pro tem- Landrieu amendment No. 321 (to amend- Area Security Initiative. pore. The majority leader is recog- ment No. 275), to require the Secretary of Schumer/Clinton amendment No. 337 (to nized. Homeland Security to include levees in the amendment No. 275), to provide for the use of Mr. REID. Mr. President, I renew my list of critical infrastructure sectors. funds in any grant under the Homeland Se- unanimous consent request. Landrieu amendment No. 296 (to amend- curity Grant Program for personnel costs. ment No. 275), to permit the cancellation of Collins amendment No. 342 (to amendment The ACTING PRESIDENT pro tem- certain loans under the Robert T. Stafford No. 275), to provide certain employment pore. Is there objection? Disaster Relief and Emergency Assistance rights and an employee engagement mecha- The Chair hears none, and it is so or- Act. nism for passenger and property screeners. dered. Landrieu amendment No. 295 (to amend- Coburn amendment No. 325 (to amendment The amendment (No. 316), as modi- ment No. 275), to provide adequate funding No. 275), to ensure the fiscal integrity of fied, is as follows: for local governments harmed by Hurricane grants awarded by the Department of Home- Katrina of 2005 or Hurricane Rita of 2005. land Security. On page 219, after line 7, insert the fol- Allard amendment No. 272 (to amendment Sessions amendment No. 347 (to amend- lowing: No. 275), to prevent the fraudulent use of So- ment No. 275), to express the sense of the SEC. ll. APPEAL RIGHTS AND EMPLOYEE EN- cial Security account numbers by allowing Congress regarding the funding of Senate-ap- GAGEMENT MECHANISM FOR PAS- the sharing of Social Security data among proved construction of fencing and vehicle SENGER AND PROPERTY SCREEN- agencies of the United States for identity barriers along the southwest border of the ERS. theft prevention and immigration enforce- United States. (a) APPEAL RIGHTS FOR SCREENERS.— ment purposes. Coburn amendment No. 345 (to amendment (1) IN GENERAL.—Section 111(d) of the Avia- McConnell (for Sessions) amendment No. No. 275), to authorize funding for the Emer- tion and Transportation Security Act (49 305 (to amendment No. 275), to clarify the gency Communications and Interoperability U.S.C. 44935 note) is amended— voluntary inherent authority of States to as- Grants program, to require the Secretary to (A) by striking ‘‘Notwithstanding’’ and in- sist in the enforcement of the immigration examine the possibility of allowing commer- serting the following: laws of the United States and to require the cial entities to develop public safety commu- ‘‘(1) IN GENERAL.—Except as provided in Secretary of Homeland Security to provide nications networks. paragraphs (2) and (3) notwithstanding’’; and information related to aliens found to have Coburn amendment No. 301 (to amendment (B) by adding at the end the following: violated certain immigration laws to the Na- No. 275), to prohibit grant recipients under ‘‘(2) RIGHT TO APPEAL ADVERSE ACTION.— tional Crime Information Center. grant programs administered by the Depart- The provisions of chapters 75 and 77 of title McConnell (for Cornyn) amendment No. 310 ment from expending funds until the Sec- 5, United States Code, shall apply to an indi- (to amendment No. 275), to strengthen the retary has reported to Congress that risk as- vidual employed or appointed to carry out Federal Government’s ability to detain dan- sessments of all programs and activities the screening functions of the Administrator gerous criminal aliens, including murderers, have been performed and completed, im- under section 44901 of title 49, United States rapists, and child molesters, until they can proper payments have been estimated, and Code. be removed from the United States. corrective action plans have been developed ‘‘(3) EMPLOYEE ENGAGEMENT MECHANISM FOR McConnell (for Cornyn) amendment No. 311 and reported as required under the Improper ADDRESSING WORKPLACE ISSUES.—The Under (to amendment No. 275), to provide for immi- Payments Act of 2002 (31 U.S.C. 3321 note). Secretary of Transportation shall provide a gration injunction reform. Coburn amendment No. 294 (to amendment collaborative, integrated, employee engage- McConnell (for Cornyn) amendment No. 312 No. 275), to provide that the provisions of the ment mechanism, subject to chapter 71 of (to amendment No. 275), to prohibit the re- Act shall cease to have any force or effect on title 5, United States Code, at every airport cruitment of persons to participate in ter- and after December 31, 2012, to ensure con- to address workplace issues, except that col- rorism. gressional review and oversight of the Act. lective bargaining over working conditions

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.002 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2745 shall not extend to pay. Employees shall not time. I have long been a supporter of ommendation that was included in the have the right to engage in a strike and the Federal employees throughout my time 9/11 Commission’s report. Under Secretary may take whatever actions in the Senate. I have worked in the Before we so drastically change the may be necessary to carry out the agency public sector virtually my entire life, TSA personnel system, we must ensure mission during emergencies, newly immi- nent threats, or intelligence indicating a and I know how hard individuals at all we do not interfere with TSA’s ability newly imminent emergency risk. No prop- levels of Government work to provide to carry out its mission. I want to erly classified information shall be divulged services to protect us and to serve us. make clear that we should, however, in any non-authorized forum.’’. It is my hope we can forge a com- make some changes in the system now. (2) CONFORMING AMENDMENTS.—Section promise that preserves the flexibility— We have had enough experience with 111(d)(1) of the Aviation and Transportation we have learned in classified briefings TSA over the past few years that there Security Act, as amended by paragraph from Kip Hawley, the head of TSA— are a number of things that are obvi- (1)(A), is amended— that is needed while at the same time ous. (A) by striking ‘‘Under Secretary of Trans- recognizing that TSA employees de- First, we should bring TSA employ- portation for Security’’ and inserting ‘‘Ad- ministrator of the Transportation Security serve more employment rights. These ees under the Whistleblower Protec- Administration’’; and employees are working hard every day tions Act which safeguards the rights (B) by striking ‘‘Under Secretary’’ each to protect us. We should protect them. of whistleblowers throughout the Fed- place such appears and inserting ‘‘Adminis- The TSA is charged with a great re- eral Government. There is no reason to trator’’. sponsibility. In order to accomplish its deny TSA employees that protection. (b) WHISTLEBLOWER PROTECTIONS.—Section critical national security mission, the My amendment would provide for that 883 of the Homeland Security Act of 2002 (6 Aviation Transportation Security Act coverage. U.S.C. 463) is amended, in the matter pre- ceding paragraph (1), by inserting ‘‘, or sec- provided the TSA Administrator with Second, we should make very clear tion 111(d) of the Aviation and Transpor- workforce flexibilities. These flexibili- that TSA members do have the right to tation Security Act,’’ after ‘‘this Act’’. ties allow the TSA Administrator to join a union. That is a different issue (c) REPORT TO CONGRESS.— shift resources and to implement new from collective bargaining. Indeed, (1) REPORT REQUIRED.—Not later than 6 procedures daily, in some cases hourly, many TSA employees have chosen to months after the date of enactment of this in response to emergencies, canceled join the union because then they have Act, the Comptroller General of the United flights, and changing circumstances. the right to representation by the States shall submit to the Committee on Homeland Security and Governmental Af- This authority enables TSA to make union if there is a disciplinary action. fairs of the Senate and the Committee on the best and fullest use of its highly So we should make that clear. Homeland Security of the House of Rep- trained and dedicated workforce. Third, we should give TSA employees resentatives a report on— This is not just theoretical. We have the right to an independent appeal of (A) the pay system that applies with re- already seen the benefits of this au- disciplinary actions, of adverse em- spect to TSA employees as of the date of en- thority and this flexibility. In both the ployment actions such as demotions or actment of this Act; and aftermath of Hurricane Katrina and firings, and have that appeal heard by (B) any changes to such system which the thwarted airline bombing plot in an independent agency, the Merit Sys- would be made under any regulations which Great Britain last year, TSA moved tems Protection Board. It is this board have been prescribed under chapter 97 of title 5, United States Code. quickly to change the nature of its em- that sits in judgment of appeals filed (2) MATTERS FOR INCLUSION.—The report re- ployees’ work—and even the location of by other Federal employees, and I see quired under paragraph (1) shall include— that work—in response. no reason why the TSA employees (A) a brief description of each pay system Last December, when blizzards hit should not have those same rights. described in paragraphs (1)(A) and (1)(B), re- the Denver area and many local TSOs Fourth, the amendment includes a spectively; were unable to get to the airport, TSA provision codifying the pay-for-per- (B) a comparison of the relative advan- acted quickly, flying in volunteer TSOs formance system that TSA has used tages and disadvantages of each of those pay from Las Vegas to cover the shifts, and very successfully to retain and recruit systems; and covering the Las Vegas shifts with offi- (C) such other matters as the Comptroller good employees. General determines appropriate. cers who were transferred temporarily Finally, the amendment we are offer- (d) This Section shall take effect one day from Salt Lake City. Without this abil- ing provides for TSA, in a year’s time, after date of enactment. ity to deploy needed personnel where to come back to us with a report on The ACTING PRESIDENT pro tem- they were needed, on a moment’s no- whether other changes are needed in pore. The Senator from Maine. tice, the Denver airport would have the personnel system. We have also AMENDMENT NO. 342 been critically understaffed while hun- tasked GAO with performing that duty. Ms. COLLINS. Mr. President, later dreds, perhaps thousands, of travelers Now, that is important because we are today, the Senate will vote on the were stranded. This flexibility is essen- still learning about TSA. As I said, I amendment I have offered with a num- tial. think we can make these significant ber of my colleagues—Senator STE- An even better example was the work changes now, but we need more time VENS, Senator WARNER, Senator COLE- that was done in the aftermath of the and study and consideration before MAN, Senator SUNUNU, and Senator thwarted airline bombing plot last going further, and that is why I have VOINOVICH—that would provide certain summer, where TSA, overnight, had to recommended that we have this report employment rights for the Transpor- retrain its employees, had to deploy back. tation Security Administration’s em- them differently, and was able to do so The Homeland Security and Govern- ployees. because of the flexibility that is in the mental Affairs Committee’s sub- Throughout our committee’s work on current law. committee which has jurisdiction over homeland security, it has become clear The legislation before the Senate is civil service issues just this week held the ability to respond quickly and ef- designed to implement the unfulfilled its first hearing to look at this issue. fectively to changing conditions, to recommendations of the 9/11 Commis- So there is a lot of work that still emerging threats, to new intelligence, sion. Many of the recommendations needs to be done, but I think we can to impending crises is essential. From were enacted in 2004 as part of the In- proceed now to provide these impor- the intelligence community to our first telligence Reform and Terrorism Pre- tant protections. responders, the key to an effective re- vention Act Senator LIEBERMAN and I As we strive to protect our Nation sponse is flexibility—putting assets authored and worked so hard on. But and our people without diminishing and, more importantly, personnel the language concerning TSA employ- civil liberties, we must do all we can to where they are needed when they are ees’ bargaining rights is an issue that build a strong homeland security struc- needed with a minimum of bureauc- was not addressed in this report. You ture that upholds the rights of home- racy. can read this report, as I have, from land security personnel. I believe we My questions about giving TSA em- cover to cover—I think it is 567 pages— can provide TSA employees with im- ployees the right to collectively bar- and you will not find a discussion of portant protections enjoyed by other gain center around whether this right collective bargaining rights for TSA Federal employees, such as the right to would hamper flexibility at a critical employees. So this is not a rec- appeal adverse employment actions to

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.001 SWEST PsN: S07MRPT1 S2746 CONGRESSIONAL RECORD — SENATE March 7, 2007 the Merit Systems Protection Board Border Patrol, Customs agents, Coast Mr. KYL. Mr. President, I ask unani- and the statutory right to whistle- Guard, FEMA, the Department of De- mous consent that the order for the blower protections, without disrupting fense civil employees—they were all or- quorum call be rescinded. TSA’s established and proven personnel dered to do things after 9/11, and they, The ACTING PRESIDENT pro tem- system. That personnel system was de- of course, did them. No one thought pore. Without objection, it is so or- scribed in great detail to us in a classi- twice about falling back on some kind dered. fied briefing session as well as an open of worker protection. Frankly, I think Mr. KYL. Mr. President, I want to hearing as being necessary to accom- it is moderately insulting to the men talk about a couple of the amendments plish the goals of the agency. So my and women who are serving as screen- that we have to the so-called 9/11 bill amendment would give these rights to ers to act as if they would not be di- that is pending—an amendment which TSA employees. rected and go in a time of emergency. I hope can be adopted, one of which I I have been working to try to achieve That is what my amendment does. It talked about yesterday, which deals a middle ground between those who be- says that the head of TSA, the director with the support for terrorists. of Homeland Security, the Secretary of lieve there should be no employment Believe it or not, we don’t have ade- Homeland Security, has the ability, at rights for TSA employees and those quate criminal penalties for people who any time when there is a threat or an who believe we should allow them to support rewarding terrorists for their emergency, to direct these officers to engage in full collective bargaining. actions or their families or those who do whatever is necessary to protect our That is what my amendment attempts support them. So one of the things we country and the people who live here. to do, is to chart that middle ground, want to do is to ensure that we have a It goes even further. It says they can’t to provide significant additional pro- statute that can be enforced that says, even bargain for higher pay, and it pro- tections and rights to TSA employees if you are aiding the family or associ- vides some of the same protections pro- without burdening a system that is ates of a terrorist with the intent to vided in the amendment of the Senator working effectively. encourage terrorist acts, that will be a I urge my colleagues to support the from Maine. I can’t figure out why the idea that crime prosecutable in the United amendment when we vote on it later States. today. they would have worker protections I talked yesterday about an example Mr. President, I yield the floor. through a collective bargaining agree- The ACTING PRESIDENT pro tem- ment is so scary when you realize that that illustrates the need for this stat- pore. The Senator from Missouri is rec- most of the men and women around our ute. In August of 2001, a Palestinian ognized. country who are fighting fires and per- suicide bomber attacked the Sbarro pizza parlor in Jerusalem, and 15 people AMENDMENT NO. 316, AS MODIFIED forming work are operating under were killed. One of them was an Amer- Mrs. MCCASKILL. Mr. President, I those agreements, and obviously most ican citizen, Shoshana Greenbaum, have a great deal of respect for the of the Federal employees who do simi- who was a schoolteacher, and she was Senator from Maine, and I am not just lar work in the Federal Government. pregnant. She was killed. Right after saying that, but I must rise to urge There are so many things that have the bombing took place, the family of support of my amendment on this bill. been claimed about this which simply aren’t true. One of my favorites is that the suicide bomber was told to go to a Along with Senator LIEBERMAN, I of- particular Arab bank, and the bomber’s fered an amendment to the 9/11 bill it is going to cost $160 million. Now, I family began receiving money from that would provide these basic rights can’t quite figure out—and I know that that bank. Eventually, a $6,000 lump to our airport screening officers. This somehow, something that costs a little sum payment was made. amendment was in response to the in- ends up costing a lot sometimes in the Federal Government. First they said it credibly high turnover rate they have According to press accounts, this is was going to be $350 million. I think at TSA and the realization that these not uncommon. In fact, it is frequently that figure made even them blush, so officers are being treated differently the way suicide bombers have been then they brought the figure down to than just about everybody else we see funded through this particular Arab $160 million. Maybe it is going to take in uniform in the United States of bank. Others are funded in other ways. 7 to 12 people across the country. I America. There are plenty of news accounts of can’t imagine where they would get a After 9/11, there was an incredible de- Saudi charities, the Palestinian Au- number like that to throw around. I mand around the country for hats and thority, and even Saddam Hussein was have heard they will be required to ne- shirts that said ‘‘New York Fire De- known to have rewarded suicide bomb- gotiate every security protocol. That is partment’’ and ‘‘NYPD’’ because all of ers for their acts. There is a BBC re- simply not true. Federal employees America realized the heroes these men port that Saddam Hussein paid a total have no right to bargain over an agen- were. When everyone else is running of $35 million to terrorist families dur- cy’s internal security practices. ing their time. Obviously, we would away from danger, the firefighters run There has been a lot of fiction that into danger. When everyone’s instinct like to discourage that. has been spread around the Capitol It is at least possible that if we can is to flee in fear, they face that fear over the last few days about this and they go into the breach. Our police criminalize this activity that has a re- amendment and what it will provide. It lationship to Americans, we would be officers do it all the time. In fact, this is going to provide something very sim- morning, the first people I saw when I able to make a difference, at least in ple: It is going to treat these officers some instances, in terms of whether a came to the Capitol were Capitol police who are screening men and women officers greeting me, checking my car, person would actually decide to com- every day at our airports the same way mit a suicide bombing, based upon the and standing guard around the Capitol the rest of the employees in FEMA are to make sure we are protected from fact that that person’s family was treated, the rest of the employees in going to be recompensed. someone who would want to do our Homeland Security are treated, our This amendment would make it a country harm. Capitol Police, our Coast Guard, our Federal crime, with extraterritorial ju- The irony of this debate is that all of Border Patrol, and the men and women risdiction in cases linked to U.S. inter- those people I just talked about have who went into the burning buildings on ests, to pay the families of suicide these basic worker protections. Those 9/11, to lose their lives in order to try bombers and terrorists with the intent men who gave their lives on 9/11 trying to save lives. to save lives all were operating under Mr. President, I yield the floor. to facilitate a terrorist act. collective bargaining. The Capitol Po- The ACTING PRESIDENT pro tem- I hope this amendment can be adopt- lice, who protect us every day, operate pore. Who yields time? ed and that it will survive a conference under these same rules that my amend- Mr. LIEBERMAN. Mr. President, I committee. I see no reason that we ment is going to guarantee to the air- note the absence of a quorum. could not have bipartisan support for port screening officers. The ACTING PRESIDENT pro tem- it. The other thing that this amend- Why in the world, if the sky is going pore. The clerk will call the roll. ment does is deal with the real work- to fall, if we give these workers these The legislative clerk proceeded to horse of our law enforcement with re- basic protections, why hasn’t it fallen? call the roll. spect to going after terrorists, the so-

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.005 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2747 called material support statutes. It in- added by Senator FEINGOLD relating to is one of the largest undertakings this creases the maximum penalties for var- data mining, which requires every Fed- Government has initiated since the ious material support statutes. I em- eral agency to submit reports to Con- creation of the Department of Defense phasize it increases the maximum, not gress on any search of a database that in 1947. It includes a merger of 22 agen- the minimum, because there are cer- its employees perform in order, and I cies and approximately 180,000 employ- tain situations in which sometimes you am quoting now, ‘‘to discover or locate ees. This merger is so complicated that want to charge the minimum or plead a predictive pattern or anomaly indic- the Government Accountability Office down to the minimum. We don’t want ative of terrorist or criminal activity.’’ has identified the implementation and to affect that; we want to increase the Among other things, the report is re- transformation of the Department as maximum in certain instances. quired to include a thorough descrip- one of the 27 areas designated as high The material support statutes have tion of the data-mining technology risk, subject to waste, fraud, abuse, been the Justice Department’s work- that is being used or will be used. and mismanagement. horse in the war against terror, count- Obviously, that probably is going to Many of my colleagues will recall the ing for a majority of the prosecutions be getting into very classified informa- debate the Senate engaged in during that the Department has brought. It tion, and there are two things we want the creation of the TSA. The Senate has been very effective, also, in starv- to ensure are changed in this provision. debated basic questions such as wheth- ing terrorist groups of resources, which For one thing, the language in the bill er the screening function should be fed- is one of the critical ways to disrupt does not include language that is in- eralized. There was a lot of debate that the cells, we believe. cluded in other sections. It does not it ought not to be federalized; that we The amendment increases the pen- prevent disclosure of existing patents, should let the private sector do it. In alty in the following ways: Giving ma- trade secrets, proprietary business the end, screeners were federalized, and terial support for a designated terrorist processes or intelligence sources and TSA was charged with hiring approxi- organization would be a maximum of 25 methods. mately 55,000 screeners, or transpor- years, up from 15. Material support in I suspect that is an oversight. We tation security officers, in 1 year. the commission of a particular ter- need to include that because, in the I cannot think of a greater Govern- rorist act is increased from a maximum past, when Congress has required the ment undertaking than creating an number of 15 to a maximum of 40 years. Executive to make reports on sensitive agency overnight to secure the safety That can obviously be a very severe act technologies to Congress, it has been and security of our airports and the against U.S. interests. The maximum careful to prevent the exposure of this traveling public in order to guarantee penalty for receiving military-type type of information about patents and we never have another 9/11. I am abso- training from a foreign terrorist orga- trade secrets, and so on. I hope we can lutely convinced that if Congress did nization would be increased from 10 to include that in the legislation, and my not provide TSA with the workforce 15 years. The amendment also adds at- staff has been talking to Senator FEIN- flexibilities it did, TSA would never tempts and conspiracies to the sub- GOLD’s staff to see if they would be have met its statutory mandate to stantive offense of receiving military- willing to do so. stand up in 1 year. Think about that. type training and denies Federal bene- The other aspect is trying to protect We got that done in 1 year. fits to persons convicted of terrorist of- the information that is classified. My colleagues know I have not been fenses. Originally, there was a concern that we the biggest fan of the Department of All of these are designed to add to were too broad with our proscription in Homeland Security. I am still upset the ability of our prosecutors to go trying to prevent classified informa- that the only high-risk area identified after people who are actually the ones tion from being released to the public. by GAO that does not have a strategic who are enabling the terrorists to per- So what we did was to modify the plan in place is DHS. That is why I am form their heinous acts. Finally, the amendment expands ex- amendment to simply require that in so pleased the underlying bill contains isting proscriptions on the murder or the case of disclosure by Members of an amendment I offered in committee assault of U.S. nationals overseas for Congress or staff, this would be imper- to establish a chief management officer terrorist purposes, so that the law pun- missible for classified information. If for the Department. This 5-year term ishes attempts and conspiracies to we are going to ask for reports of clas- appointment is crucial to leading the commit murder equally to the sub- sified information, clearly, we should transformation of the Department so it stantive offense. The amendment adds be willing to enforce the proscription does not hobble along from one admin- a new offense of kidnapping a U.S. na- on the release of that information. I istration to another, struggling to tional for terrorist purposes, regardless am hoping we would be willing to do complete its merger and its mission. of whether a ransom is demanded. that as well. I hope my colleagues have had the There are some limits in existing law That is the second amendment. I opportunity to meet with Assistant that were put in the act before the new hope my colleagues will be willing to Secretary Kip Hawley, the TSA Admin- techniques and methodologies of ter- support both amendments. I think they istrator, who I think is one of the fin- rorists in today’s world began to be im- will add to the benefits of this legisla- est public administrators whom I have plemented; for example, requiring a tion. With respect to at least one of met so far in this administration. Mr. ransom. We know today that some of these amendments, it is germane Hawley was confirmed in this position these terrorist kidnappings are not for postcloture, but I am hoping we can in July of 2005. This is the second posi- the purpose of getting ransom, they are get them both resolved before cloture tion at TSA he has held. In October for the purpose of terrorizing. If that is is invoked on the bill. 2001, Mr. Hawley was the senior adviser the case, then this statute would be us- Mr. President, I yield the floor. for the project team that worked to able by our law enforcement authori- Mr. VOINOVICH. Mr. President, I stand up the Agency. While TSA is by ties. rise today to voice my support for no means perfect, it is one of the more Finally, the amendment adds sexual amendment 342. I am proud to join my successful operating components of assault to the types of injury that are good friend, the Senator from Maine, DHS. I wish others were as good. punishable under the existing offense the ranking member of the Committee There is no question our enemies of assaults that result in serious bodily on Homeland Security and Govern- want to do harm to us through our air- injury. mental Affairs, in cosponsoring this line and transportation systems. This Once again, I hope this will be con- amendment. threat is unrelenting, and TSA must be sidered an appropriate addition to the For the past several days, this body flexible, nimble, and innovative in 9/11 legislation to make it easier for us has been debating various amendments order to respond to the 24-hour, 7-day- to deny the funding to terrorist organi- regarding the workforce authorities for a-week threat we have. The threat is zations and to deny funding to people the Transportation Security Adminis- out there constantly. It is not akin to who would be engaged in suicide at- tration. I would ask my colleagues to something that happens every so often. tacks. stop for a moment and consider the sit- It is there 24 hours a day. The other amendment is an amend- uation before us. The establishment of Granted, as in all organizations, ment to a provision of the bill that was the Department of Homeland Security human capital at TSA is not perfect,

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.006 SWEST PsN: S07MRPT1 S2748 CONGRESSIONAL RECORD — SENATE March 7, 2007 but I have not seen any evidence that that in place—I believe the value of has made decisions for only 11,000 em- we need to throw the baby out with the independent review of the MSPB that ployees—in other words, 11,000 people bathwater; in other words, get rid of could follow the internal process is im- in the Defense Department under pay the system in place now and go to portant to build further confidence in for performance, 6,000 in the Senior Ex- something else. There is no evidence to TSA’s system and reassure those being ecutive Service, and we have almost support this dismantling of TSA’s per- hired and on the job. So you are going 55,000 in the TSA who are in pay for sonnel system and beginning anew, as to have that available to you under the performance. Time and time again, the Senator from Connecticut has sug- Collins amendment. Federal unions argue against pay for gested. In the unfortunate circumstances performance. This is a big deal. My col- To my knowledge, the Senate has when claims are filed with OSC, or leagues ought to understand what this had one hearing on the TSA workforce, should the Collins amendment be is about. and that hearing was held this Monday adopted, with MSP, TSOs also have the Monday, the president of the Na- in the Committee on Homeland Secu- right to union representation during tional Federation of Government Em- rity and Governmental Affairs, of these proceedings. A lot of people are ployees reasserted his union’s opposi- which I am the ranking member. This not aware of this fact, that we have tion to pay for performance. He doesn’t hearing was conducted after the com- members of 13 unions of the 42,000 want pay for performance. If you ask mittee adopted the amendment by the TSOs. Some people got the idea that the American people, they will tell you Senator from Connecticut. One can because we gave them the flexibility, they would like to see pay for perform- only conclude that the amendment was they couldn’t join a union. The fact is, ance. At a hearing of the Sub- offered in response to labor’s unhappi- they have joined. Many of them have committee on Oversight of Government ness. Labor was unhappy several years joined a union, and the unions can rep- Management and the Federal Work- ago that the title V provisions were resent them in the various appeals force that I chaired last year, unions waived for TSA. In other words, we they may have in terms of personnel testified against legislation I intro- gave them a separate personnel system matters. However, something I learned duced that would have required at least because we wanted to see it get up and during Monday’s hearing is that the a three-tiered rating system and pre- go and have the flexibility to get the provision in the underlying bill would vented an employee whose job perform- job done. have a much broader implication on ance was unsatisfactory from receiving On the other hand, based on the in- the workforce than reforming the per- an annual pay increase. formation presented at the hearing on sonnel system. Using the authority in I am concerned that changing the Monday, I believe some reforms to the Aviation Transportation and Secu- personnel system and potentially mak- TSA’s personnel authority are nec- rity Act, TSA has been able to develop ing it subject to collective bargaining essary at this time. This is this com- and implement the most extensive pay- would set back the progress TSA has promise. That is why I am happy to for-performance system in the Federal made. My colleagues must remember join with my colleagues, including the Government. Did you hear that? Pay that TSA has existed for just over 4 Senator from Maine, the senior Sen- for performance in the Federal Govern- years and its performance and stand- ator from Alaska, and the senior Sen- ment. That is a big deal. That is some- ards system is just a year old. GAO ator from Virginia, in offering this thing which some of us have been noted that it takes about 4 or 5 years amendment. working on—I have—for the last 8 to properly assess a performance man- While TSA has moved and continues years. agement system. We are not yet in a to move in the right direction in pro- TSA has not developed this system in position to judge how the TSA system viding safeguards for its employees, a vacuum. It received input from ap- is working. there is more we in Congress can do. proximately 4,000 TSOs through 25 The TSA’s authority has allowed it After hearing testimony during Mon- focus groups, and after the initial de- to develop and implement innovative day’s hearing, I think it appropriate sign, performance, accountability, and approaches through its strategic for the TSOs to be included in some standards system—they call it PAF; human capital management. TSA basic workforce protections. that is their pay for performance—it would lose that authority if the under- While the Office of Special Counsel was reviewed subsequently by focus lying provision of S. 4 were to be en- did not have statutory authority to in- groups and online surveys for addi- acted into law. For example—this is vestigate whistleblower claims at TSA, tional feedback from the workforce. TSA and the Office of Special Counsel Perhaps more than any Member of really something unique—TSA has ini- worked together to develop and imple- this Senate, I have devoted extensive tiated a pilot program to provide ment a memorandum of understanding time, as chairman and ranking member health care benefits to part-time allowing the OSC to investigate retal- of the subcommittee on the oversight screeners. They know they need full iation claims. In other words, they got of Government and the Federal work- time and part time. But most of the involved through a memorandum. This force, to understand and develop ways time, part-time people do not get was signed in 2002, and since that time to recruit, retain, and reward people health insurance. They are doing that OSC has received 124 whistleblower who work in the Federal Government. I right now. So if you look at some of complaints. have partnered successfully with my the really neat things they are doing While I applaud TSA for taking this colleagues to enact legislation to pro- over there, it just does not make sense step and signing the MOU, I believe it vide agencies with even greater flexi- for us to pull the plug. is important for Congress to extend bility to meet their workforce needs. TSA recognizes the negative impact through statute the full authority of We know that in order to be success- every screener who leaves TSA has on OSC and the Federal courts to inves- ful, we must have the right people with its ability to secure our transportation tigate and hear cases of whistleblower the right skills, with the right knowl- system. They know it costs $12,000 to retaliation. Let’s change the law. Let’s edge at the right place and at the right hire and train a new screener. TSA give them that right. time. I do not believe it is appropriate knows it is in their best interests to re- After Monday’s hearing, I also be- for Congress to roll back any reform or tain every member of its dedicated lieve it is important to extend to TSO flexibility without due consideration. workforce. They care about their em- the ability to file a complaint with the Again, I remind my colleagues, the ployees. They want to motivate them; Merit Systems Protection Board for an only hearing on this issue was held this they want to reward them; they want adverse action. This would include re- week. to retain them, they want to reward moval, suspension for more than 14 As I mentioned, I am a strong sup- them. days, demotion, reduction in pay, or porter of pay for performance. Here in Another key provision of the Collins furlough. While I applaud TSA for de- TSA, the Federal Government has the amendment is the reports providing as- veloping and implementing a robust in- largest group of employees under this sessment of employee matters by GAO ternal process, including an Ombuds- system. The Government-wide Senior and TSA within a year. A year from man Office, Disciplinary Review Board, Executive Service covers only 6,000 em- now, let’s look at what is going on over and Peer Review Board—they put all ployees, and the Department of Defense there.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.007 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2749 Congress must use this opportunity Mr. LIEBERMAN. Mr. President, if I JOINT SESSION OF THE TWO to fulfill its oversight objective and un- may through the Chair, there are a HOUSES—ADDRESS BY THE KING derstand the strengths and shortfalls of number of Senators who said they OF JORDAN the TSA system to make improve- wanted to come and discuss amend- The PRESIDING OFFICER. The Sen- ments. It is not appropriate for Con- ments after the Senate reconvenes. ate will proceed to the Hall of the gress to summarily dismiss all the How much time did the Senator from House of Representatives to hear the work TSA has invested in its workforce Pennsylvania desire to discuss the ha- address by the King of Jordan. just because a large Government em- beas amendment? Thereupon, the Senate, preceded by ployees union doesn’t like it. Mr. SPECTER. It is hard to say be- the Deputy Sergeant at Arms, Drew The main consideration we should cause there are a number of Senators Willison, and the Secretary of the Sen- have as Members of the Senate is the who want to debate the issue. I am ad- ate, Nancy Erickson, proceeded to the security of the people in the United vised that there is not a willingness to States of America. Yes, we want to Hall of the House of Representatives to give a time agreement, so it is not pos- hear the address by His Majesty King protect the rights of the people who sible to really answer that question. work in the Federal Government. But Abdullah II Ibn Al Hussein, King of the Mr. LIEBERMAN. Understood. Hashemite Kingdom of Jordan. if we have a system that is really Maybe I misled the Senator uninten- working and making some real im- (The address delivered by the King of tionally. I am not looking for a time Jordan to the joint session of the two provement and making sure we are not agreement on debate on the amend- going to have another 9/11 from an air- Houses of Congress is printed in the ment; I would just like to know how proceedings of the House of Represent- borne attack, we ought to let them long he would like to speak when we atives in today’s RECORD.) continue to do the job they are doing reconvene so we set it down for a time and should not just snap our fingers The PRESIDING OFFICER. Under limit because I know there are other the previous order, the Senator from and say: These people are unhappy Senators from both parties who want about what is going on there. They Pennsylvania is recognized for up to 1 to come over. hour. think we ought to get rid of that sys- Mr. SPECTER. I would like 1 hour. tem. I don’t think we should do that. I Mr. SPECTER. Madam President, I Mr. LIEBERMAN. I would accept suggest the absence of a quorum. think every Member of this Senate that amendment to my request, with should think about it. This is real seri- The PRESIDING OFFICER. The the understanding that not interfere clerk will call the roll. ous business. with the fact that by 1:30, we will go I know people on the other side of the The bill clerk proceeded to call the back to the Collins and McCaskill roll. aisle are under a lot of pressure. So am amendments. I don’t think it would. I. I know the president of both of the Mr. SPECTER. Madam President, I Mr. SPECTER. Mr. President, if I ask unanimous consent that the order major unions here, and I have worked might be recognized at noon when we with them and tried in all these for the quorum call be rescinded. return after the Abdullah speech? The PRESIDING OFFICER. Without changes we have made in the human Mr. LIEBERMAN. I have no objec- capital laws of the United States of objection, it is so ordered. tion. America to take their concerns into The PRESIDING OFFICER. The Sen- f consideration. But on this one, I am ator from Maine. IMPROVING AMERICA’S SECURITY really begging my friends on the other Ms. COLLINS. Mr. President, I just side of the aisle to really look at where ACT—Continued want to be clear that the Senator from we are today and what this is all about Pennsylvania will not be changing the AMENDMENT NO. 286 and not throw the baby out with the agreement the Senator from Con- Mr. SPECTER. Madam President, I bath water. have sought recognition to debate I yield the floor. necticut just announced that will allow the 15 minutes of debate prior to the amendment No. 286, which would re- The PRESIDING OFFICER (Mr. verse the provision in the Military Tri- WHITEHOUSE). The Senator from Penn- 1:45 votes. Mr. LIEBERMAN. Not at all. Mr. bunal Act which has limited the juris- sylvania. diction of the Federal courts in habeas Mr. LIEBERMAN. Mr. President, if I President, I again ask unanimous con- corpus proceedings. may first ask unanimous consent that sent on the unanimous consent agree- The essential question at issue is the Senate stand in recess at 10:40 sub- ment that I proposed with regard to whether the combatant status review ject to the call; and that at 1:30 p.m. the votes on the Collins and McCaskill tribunals are adequate and effective to today, there be 15 minutes of debate amendments, and then we will come di- equally divided and controlled prior to rectly to Senator SPECTER. test the legality of a person’s deten- a vote in relation to the McCaskill The PRESIDING OFFICER. Is there tion. amendment No. 316, as modified, fol- objection? Without objection, it is so What we are dealing with here is an lowed by a vote in relation to the Col- ordered. examination of the issue as to whether lins amendment No. 342; that there be Mr. SPECTER. I ask unanimous con- the procedures are fundamentally fair. 2 minutes of debate equally divided be- sent that I be recognized when the Sen- Congress should repeal the provisions tween the votes and that no amend- ate reconvenes at 12:00 to speak for 1 of the Military Commissions Act which ments be in order to either amendment hour. limit Federal court jurisdiction on ha- prior to the vote; that at 1:45 p.m., Mr. LIEBERMAN. Mr. President, I beas corpus. without further intervening action or just would say, or whenever. If we The decision by the court of appeals, debate, the Senate proceed to vote in come back before 12, you will be recog- I submit, will be overturned by the Su- the order specified. nized to speak for an hour. preme Court of the United States be- The PRESIDING OFFICER. There is Mr. SPECTER. That is fine. cause of Circuit Court’s ruling that the objection? Mr. LIEBERMAN. Or after 12, if that Rasul case dealt only with the statu- Mr. SPECTER. Mr. President, reserv- is the case. We have no objection. tory provisions on habeas corpus. The ing the right to object, I would like to The PRESIDING OFFICER. Without Circuit Court ignored the binding lan- clarify the status of amendment No. objection, it is so ordered. guage of Rasul, which said that the ha- 286, which I laid down yesterday, the f beas corpus rights were grounded in habeas corpus amendment. I just dis- common law in effect in 1789 and were, cussed with the Senator from Con- RECESS in fact, part of the Constitution. Where necticut a unanimous consent request The PRESIDING OFFICER. The Sen- habeas corpus is a right in the Con- that I would make to get recognition ate will stand in recess subject to the stitution, and it is such a right because when we resume after King Abdullah’s call of the Chair. the Constitution expressly states that speech. Might I inquire of the Senator Thereupon, the Senate, at 10:43 a.m., habeas corpus shall not be suspended from Connecticut what the sequence recessed until 12:04 p.m. and reassem- except in cases of invasion or rebel- would be as to a continuation of the de- bled when called to order by the Pre- lion—and no one contends that there is bate on the habeas corpus amendment? siding Officer (Ms. KLOBUCHAR). either invasion or rebellion at issue—

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.009 SWEST PsN: S07MRPT1 S2750 CONGRESSIONAL RECORD — SENATE March 7, 2007 Congress cannot legislate a derogation And that parenthetically is the case Again, this hardly comports with the of that constitutional right. Any act of decided by the Court of Appeals for the standard by the Department of Defense Congress is obviously trumped by a third circuit. itself that there is supposed to be evi- constitutional provision. Where you This is what Judge Green goes on to dence which would show the detainee have habeas corpus in effect in 1789 and point out in her opinion in the Federal was engaged in hostilities against the the constitutional provision prohib- Reporter: United States or committed belligerent iting its suspension, the legislation While living in Bosnia, the detainee associ- acts. passed in the Military Commission Act ated with a known al-Qaida operative. The provisions of the Department of I think ultimately will be determined In response, the following exchange oc- Defense establishing the Combat Sta- by the Supreme Court to be unconsti- curred: tus Review Tribunals is fundamentally Detainee: Give me his name. tutional, pretty clearly on the face of unfair under the most basic principle of Tribunal President: I do not know. Anglo-Saxon American jurisprudence. the opinion of the Court articulated by Detainee: How can I respond to this? The rules are: Justice Stevens. Skipping some irrelevant language, Preponderance of evidence shall be the The Congress ought to reverse the the detainee goes on to say: provision of the Military Commission standard used in reaching the determination, I asked the interrogators to tell me who but there shall be a rebuttable presumption Act which strikes or limits Federal this person was. Then I could tell you if I in favor of the government’s evidence. court jurisdiction on habeas corpus be- might have known this person, but not if That is the most extraordinary cause the provisions—the way the de- this person is a terrorist. Maybe I knew this standard which I have ever seen, and it tainees are being dealt with, simply person as a friend. Maybe it was a person is bedrock Americana that people are stated, is not fundamentally fair. It that worked with me. Maybe it was a person presumed innocent. But instead, when does not comport with due process of that was on my team, but I do not know if a detainee faces a Combat Status Re- law, and due process is a right even this person is Bosnian, Indian, or whatever. view Tribunal, the presumption is that without specific enumeration in the If you can tell me the name, then I can re- he is guilty. That hardly comports Constitution. spond and defend myself against this accusa- tion. with a standard of fundamental fair- The order establishing the Combat Tribunal President: We are asking you the ness or due process. Status Review Tribunal provides as fol- questions and we need you to respond to The rules promulgated by the De- lows: what is in the unclassified summary. partment of Defense call for a prepon- For purposes of this order, the term Skipping some irrelevant materials, derance of evidence, so even if there is ‘‘enemy combatant’’ shall mean an indi- the detainee then goes on to say: vidual who was a part of or supported a presumption of guilt, the standards Taliban or al-Qaida forces or associated But I was hoping you had evidence that do require some evidence. But that was forces that are engaged in hostilities against you could give me. If I was in your place— not present in the case cited by Judge the United States or its coalition partners. and I apologize in advance for these words— Green, not present in the cases cited by This includes any person who has committed but if a supervisor came to me and showed Thomas Sullivan at our Judiciary a belligerent act or who has directly sup- me accusations like these, I would take Committee hearing. ported hostilities in aid of enemy forces. these accusations and I would hit him in the Madam President, I ask unanimous The fact is that people are detained face with them. Sorry about that. consent that the summary of other as enemy combatants without any Then, parenthetically, Judge Green’s cases provided by Mr. SULLIVAN be in- showing of those basic requirements. opinion notes that ‘‘Everyone in the cluded in the RECORD at the conclusion The next section of the order estab- tribunal laughs.’’ of my presentation. lishing the Combatant Status Review Tribunal President: Well, we had to laugh, The PRESIDING OFFICER. Without Tribunal provides: but that is OK. objection, it is so ordered. All detainees shall be notified— A little later in the opinion— (See Exhibit 1.) Skipping some language— The detainee says: What should be done is Mr. SPECTER. The standards which have been established, which would, of the right to seek a writ of habeas corpus you should give me evidence regarding these in the courts of the United States. accusations, because I am not able to give under some circumstances, permit a you any evidence. I can just tell you no, and substitute procedure for habeas corpus I have not seen any reference to this that is it. were articulated by the Supreme Court provision in any of the adjudications, of the United States in the case of and I found this on the very extensive Then Judge Green goes on to say: Swain v. Pressley. In that case, the Su- research which my staff and I have un- The laughter reflected in the transcript is preme Court said there could be a col- dertaken to prepare for this debate. understandable. And this exchange might have been truly humorous had the con- lateral remedy which is neither inad- But there you have it. The order itself sequences of the detainee’s enemy combat- equate nor ineffective to test the legal- setting up the Combat Status Review ant status not been so terribly serious, and ity of a person’s contention. Tribunal says that the detainees have the detainee’s criticism of the process had But the collateral remedy which was the right to seek a writ of habeas cor- not been so piercingly accurate. present in Swain v. Pressley is a far pus. The Secretary of Defense has the Well, this case illustrates the fact cry from the provisions of the Combat authority to establish the rules, and he that the provisions in Guantanamo on Status Review Tribunal. has established the rule which gives the detainee status review tribunal is a What the Supreme Court was dealing the detainee the right to seek a writ of laughing stock. It hardly comports with in the Swain case was habeas cor- habeas corpus. That ought to end the with what the Secretary of Defense pus before a State court as opposed to argument right there. said was required: that there has to be habeas corpus before a Federal court. Let’s proceed further to see, in fact, evidence that the individual supported In Swain, the Supreme Court said that what happens when these matters are Taliban or al-Qaida forces or com- the ‘‘relief available in the Superior taken before the Combat Status Re- mitted a belligerent act. Court is neither ineffective nor inad- view Tribunal. We have the opinion of The Judiciary Committee held a equate simply because the judges of U.S. District Judge Green in a case hearing and one of our witnesses was a that court do not have life tenure.’’ captioned, ‘‘In Re: Guantanamo De- distinguished attorney, Thomas Sul- So here we have a State court func- tainee Cases,’’ in which Judge Green livan, who made available a series of tioning under the rules of habeas cor- writes as follows: cases before the Combat Status Review pus and the Supreme Court says that is The inherent lack of fairness of the CSRT’s Tribunal. This is one illustrative case an equivalent of Federal court habeas consideration of classified information not involving a man named ‘‘Abdul-Hadi al corpus because State court judges can disclosed to the detainee is perhaps most viv- make that determination and the only idly illustrated in the following unclassified Siba.’’ I take this from the extract of colloquy which was taken from a case not what the witness provided: difference is that the State court presently before this judge which exemplifies The Combat Status Review Tribunal stated judges do not have wide tenure. the practical and severe disadvantages faced that al Siba was charged with being captured In Swain, the Supreme Court went on by all Guantanamo prisoners. [I read] a list in crossing the border into Pakistan with to say: of allegations forming the basis for the de- having volunteered for a charity that was It is a settled view that elected judges of tention of Mustafa Ait Idir, a petitioner in funded by al-Qaida. That is all that is in the our State courts are fully competent to de- Boumediene v. Bush case— summary. cide Federal constitutional issues.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.016 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2751 So there you have the constitutional cuit—on death penalty cases the cir- In a crucial aside, in Rasul, Justice John issue decided. But the only difference cuit has, in effect, ignored what the Paul Stevens, writing for the majority, said is that it is a State court. Well, that Supreme Court has had to say. It has this right was not just a result of a law has absolutely no resemblance to the been a highly critical Supreme Court passed by Congress but was grounded in the Constitution. ‘‘Application of the habeas combat status review tribune. It hardly which has then come to review those statute to persons detained in the base,’’ he qualifies as an adequate substitute. decisions. I suggest that that would be wrote, ‘‘is consistent with the historical I want to proceed now to the issues the response when the Supreme Court reach of habeas corpus.’’ that were articulated by the Supreme comes to review the circuit court opin- Well, that lays it out in a pretty con- Court of the United States in Rasul, ion which ignores the plain language of clusive way that when the Court rules where I believe it is very clear cut that the Supreme Court of the United on a statute but says that the same there is the ignoring of the language of States. right is embodied in the Constitution, the Supreme Court, and a constitu- In dissent, Justice Scalia recognized Congress cannot pass a law which tional right and a right that was in ef- the fact that the case of Johnson v. trumps the constitutional provision, as fect in common law in 1789 will cer- Eisentrager had been overruled. The articulated by the Supreme Court of tainly be utilized by the Supreme court of appeals relies upon Johnson v. the United States. Court in dealing with the circuit court Eisentrager to hold that there is no ju- The Liptak analysis goes on to note opinion, which is directly inconsistent risdiction over Guantanamo Bay. But this: with the language of Justice Stevens. this is what Justice Scalia, in dissent, If that is a right, a new law pushed by the This is what Justice Stevens said in had to say about the overruling of Bush administration’s Military Commissions the Rasul case, speaking for the Court: Johnson v. Eisentrager. He called it Act could not have cut off detainees’ rights Application of the habeas corpus statute to ‘‘overturning of settled law.’’ to habeas corpus. In a footnote, the appeals persons detained at the base [referring to the But the court of appeals did not view court basically acknowledges that. But it Guantanamo base] is consistent with the his- it as such. So when this case comes be- ruled that the Supreme Court’s historical torical reach of the writ of habeas corpus. At fore the Supreme Court, I think it is analysis was wrong and that Justice Stevens’ common law courts exercise habeas corpus patently obvious that the language of dictum could be ignored. over the claims of aliens detained within the the Court will require reversal of the In the analysis commenting on the sovereign territory of the realm, as well as circuit court decision. Johnson v. Eisentrager case, Liptak the claims of persons detained in the so- noted as follows: called ‘‘exempt jurisdictions’’ where ordi- I have been asked if I will yield for a nary writs did not run, and all other domin- unanimous consent request by Senator All of the points which were relied upon by ions under the sovereign’s control. As Lord LIEBERMAN, and I will do so. the circuit court, as Justice Stevens wrote in Mansfield wrote in 1759, even if a territory Mr. LIEBERMAN. Mr. President, I Rasul, counted in favor of the Guantanamo was ‘‘no part of the realm’’, there was ‘‘no ask unanimous consent that when the detainees. ‘‘They were not nationals of coun- doubt’’ as to the Court’s power to issue writs time allocated to the Senator from tries at war with the United States’’— of habeas corpus if a territory was under the Pennsylvania expires at 1, the Senator Which was the case in Eisentrager— subjection of the crown. from Minnesota be recognized for 10 They have not been engaged in plotted acts The Supreme Court had already held minutes and, after that, the Senator of aggression against the United States. in the trilogy of cases in 2004 that the from Delaware be recognized for what- They have never been afforded access to any United States Government controlled tribunal, much less charged with and con- ever amount of time he needs until victed of wrongdoing, and for more than 2 Guantanamo Bay, so it was within the 1:30, when Senators COLLINS and years they have been in prison in territory jurisdiction of the United States. MCCASKILL have 15 minutes equally di- over which the United States exercises ex- Justice Stevens goes on to point out vided. clusive jurisdiction and control. that: The PRESIDING OFFICER (Mr. Well, this is a fairly brief analysis in Later cases confirmed the reach of the writ MENENDEZ). Is there objection? the time which I have. But the essence depended not on formal notions of territorial Without objection, it is so ordered. of it boils down to this: The Supreme sovereignty, but rather on the practical Mr. SPECTER. Mr. President, the question of ‘‘the extent and nature of the ju- Court—Justice Stevens speaking for a failure of the Court of Appeals for the majority—has ruled that the Federal risdiction or dominion exercised in fact by District of Columbia to recognize the the crown.’’ habeas corpus statute covers Guanta- settled principles was the subject of an namo, that the rights were violated, There again is the reference to the analysis by the distinguished constitu- undeniable fact that the United States and that the statute carries out the tional scholar Adam Liptak in the New constitutional law and the scope of the controls Guantanamo and it is under York Times yesterday. It is worth no- United States dominion. The court of writ in 1789, when the Constitution was tice. The analysis said that: adopted. And the Court of Appeals for appeals concluded that the language what the Supreme Court says goes. Usually. about the existence of the writ when the Third Circuit, in order to uphold But in a defiant decision 2 weeks ago, a Fed- the act, says the holding by Justice the Constitution was adopted and the eral Court of Appeals in Washington con- constitutional right of habeas corpus ceded that it was ignoring parts of the 2004 Stevens was only to a statute—and it is was not resolved by Rasul, because the Supreme Court decision on the rights of a true Congress can change the statute— specific holding in Rasul was on the man held at Guantanamo Bay, Cuba. That but ignores the plain language of Jus- statutory provisions of section 2241. can make the Supreme Court testy and it tice Stevens speaking for a majority of The Stevens opinion says: may help the detainees. the Court that it is a constitutional We therefore hold that section 2241 confers The analysis goes on to paraphrase right. on the district court jurisdiction to hear pe- the powerful dissent of Judge Judith That cannot be changed by an act of titioner’s habeas corpus challenges to the le- Rogers, who said her colleagues were Congress, and the Supreme Court will gality of their detention at Guantanamo thumbing their noses at the Supreme tell the court of appeals that when naval base. Court. Liptak notes that: they get the case. Aside from the issue Now, the circuit court said that, [Rogers stated that her colleagues] ‘‘were of constitutionality, which will be de- well, is a holding based upon the stat- ignoring the Supreme Court’s well-consid- cided by the Court, as to the proce- ute, but its limitation does not apply ered and binding dictum’’ concerning the his- dures that are in effect in these combat to a constitutional right or the reach torical roots and geographical scope of the status review tribunals, they do not of the writ in effect in common law in prisoner’s basic rights and she cited the case measure up to the requirements of fun- 1789. How can it be that the Supreme from her own court that said that such state- damental fairness. They do not honor ments ‘‘generally must be treated as author- Court would say Guantanamo Bay is itative.’’ what the Department of Defense laid under United States jurisdiction for down as the basic rule that detainees The analysis goes on to say that: the statutory right but outside of the are entitled to ‘‘the right to seek a almost 3 years ago, the Supreme Court ruled jurisdiction for the constitutional in Rasul that the detainees possessed an an- writ of habeas corpus in the courts of right? It stands the English language cient and fundamental right, the right to the United States.’’ on its head. challenge the justice of their confinement in That ought to be the end of it be- There have been a number of situa- court by filing petitions for writs of habeas cause the Secretary of Defense was tions where—especially in the fifth cir- corpus. given the responsibility to decide what

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.018 SWEST PsN: S07MRPT1 S2752 CONGRESSIONAL RECORD — SENATE March 7, 2007 the rules were, and he said one of the These matters relating to rendition, I I yield the floor. rules is that these detainees can go to submit, are directly relevant to our EXHIBIT 1 court. That is what an act of Congress consideration of whether the Federal has taken away, and that is what ought courts need to be involved in deter- SUMMARIES OF CSRT EXAMPLES CITED BY to be reversed. mining the legality of Guantanamo de- TOM SULLIVAN AT SEPTEMBER 25, 2006 SJC Then if we take a look at what has to tainees because this Government, in HEARING happen in these proceedings before the the war on terrorism—and there is no ABDUL-HADI AL SIBA’A Combat Status Review Tribunal, the doubt about the importance of our war term ‘‘enemy combatant,’’ which would on terrorism and the necessity for ef- Al Siba’a is 34 year old Saudi Arabian who qualify for detention, means an indi- fective law enforcement. I led the Judi- was taken into custody in Pakistan in De- vidual who was part of or supporting ciary Committee to the reauthoriza- cember 2001. He had no weapon or ammuni- the Taliban or al-Qaida forces or has tion of the PATRIOT Act, which gives tion when he was captured. The Combatant committed a belligerent act or has di- Status Review Tribunal stated that Al law enforcement extensive authority. Siba’a was charged with being captured in rectly supported hostilities in aid of But there are laws against torture. enemy forces. crossing the border into Pakistan and with There are international covenants having volunteered for a charity that was The individual in the court of appeals against torture. The submission of ren- funded by Al-Qaida. case cited by Judge Green, which I read dition is something that is going to at length, was only supposed to have Al Siba’i repeatedly contended that he is a have to come under some judicial su- police officer in the Riyadh police depart- talked to somebody from al-Qaida, and pervision. they couldn’t even produce the identity ment who was on a leave of absence in Au- I am considering now legislation gust 2001 to assist in building schools and a of the individual, which hardly meas- which would require Federal authori- mosque in Afghanistan. He has presented his ures up to the Department of Defense’s ties to go to court to establish probable passport and his airline ticket. He has of- standard. It is just absolutely ludi- cause and a basis for rendition before fered to have the Riyadh Police Department crous. Then for the Department of De- any American citizen or before anyone verify his employment and the nature of his fense provisions to say that there is a ought to be sent to a foreign country. leave of absence. Those requests were refused presumption of guilt just turns Amer- by the tribunal ‘‘because an employer has no We have the allegations of the plain- ican justice on its head. Even with a knowledge of what their employees do when tiff in a case decided last week by the presumption of guilt, the requirements they are on leave.’’ Fourth Circuit who was sent to Egypt are that there be evidence, and there is and alleged that he was tortured there. After five years of detention, the govern- none in the case cited by Judge Green The Fourth Circuit has held that the ment released Al Sibai’i from Guantanamo and by Mr. Sullivan. Bay, and he returned to his home in Saudi case cannot be pursued because of a This is just the beginning of the ar- Arabia. state secrets doctrine. That is a matter gument. We will have other Senators which is going to be reviewed on over- UNNAMED DETAINEE come to oppose. sight by the Judiciary Committee. Let me advise my colleagues that One detainee, who is not named in the de- We have 25 CIA agents under indict- there will be a portion of the debate classified documents from the CSRT, is a ment now in Italy, and we have 13 CIA conducted in Room S–407, which is the Muslim man from Germany. This detainee is room where we can discuss classified agents now under indictment in Ger- charged with having a close association with many. The international response is an individual who later engaged in a suicide information, because Senator LEAHY bombing. and I have been reviewing the rendition that the United States is undertaking in the Arar case, and we have found a rendition in a way which is unsatis- The detainee had no memory of any asso- that there was a determination that factory to basic standards of decency ciation with a person who was a suicide Arar had a status—which I cannot dis- and fairness. bomber. In order to understand the nature of cuss in this Chamber but can discuss The Judiciary Committee has held the charges against him, the detainee asked hearings on Guantanamo. I visited what evidence the tribunal had to show that only in S–407—which would warrant he was involved with a suicide bomber. sending him to Syria. Arar was a Cana- Guantanamo. Not to have those detain- dian citizen who came to the United ees have the right of habeas corpus and The tribunal responded that they could not States and was detained for ques- Federal court review is totally at vari- answer that question and that ‘‘anything re- tioning at an airport in New York City ance with the very basic tenets of maining concerning [the suicide bomber who Anglo-Saxon and American jurispru- the detainee was allegedly associated with] when he wanted simply to transit and is in the classified session.’’ While the de- go to Canada. He was questioned by the dence. I cannot say anything more about tainee continued to be cooperative and an- FBI. swer the questions posed to him by the It has been well noted that the FBI Arar, but it can be discussed in S–407, CSRT, the Tribunal never provided him with does not agree with the other interro- which is the room we go to when we an explanation of the questions that it asked gation practices which have been un- have matters to discuss which are clas- regarding his associations with other indi- dertaken by the Government. sified. I believe it is a very compelling viduals and organizations. After that questioning, which was re- case that there needs to be judicial ‘‘MUSTAFA’’ portedly extensive, Arar was then sent intervention or needs to be a lot more to Syria. He came back and has filed oversight than there has been on these Arrested in Sarajevo, Bosnia, but origi- suit alleging that he was tortured and matters. nally of Algerian descent. Accused of being a subjected to brutal treatment. I might say, it is like pulling teeth to member of the Islamic Armed Group, which The Canadian officials have consid- get the Department of Justice to make was plotting to bomb the American Embassy ered the issue at length and have pub- any information available. It takes a in Sarajevo. Asked about his relationship to Abu Zubayda, whom he denied knowing. lished a three-volume set. It is a good long time to have access to the classi- visual for people to see, if anybody is fied material, and then the material is Mustafa was arrested and searched by watching on C–SPAN2. insufficient to come to a conclusion. In ‘‘international police from the United Na- This is volume 1 of the report relat- the Arar case, we have a request pend- tions.’’ Was told that if the Bosnians no ing to Maher Arar, this is volume 2 on ing and don’t know what the result will longer wanted him in their country, he would be welcome to return to Algeria. the report relating to Maher Arar, and be. But we do know Canada made an this is the analysis and recommenda- exhaustive analysis of Arar and what Asked his interrogator at GTMO, ‘‘why, tion. After undertaking this kind of an he had done, and I think I can say this: and if there were any accusations or evi- analysis, the Canadian Government The materials in the classified docu- dence against me. The interrogator said to ments relate to information substan- me that they would find something, meaning apologized to Arar and paid him about I could not be released from Cuba without $10 million, but the U.S. Government tially obtained from Canadian authori- them finding some accusation against me. I continues to say that it was justified in ties, and Canada has made the inquiry could not have been held in Cuba in prison sending Arar to Syria, where he was and has apologized and paid some $10 for three years, then all of a sudden be found beaten. million. innocent and released.’’

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.021 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2753 ABDUR SAYED RAHMAN VETERANS HEALTH CARE nities. Tens of thousands have come Born in Pishin, Pakistan. Charged with Ms. KLOBUCHAR. Mr. President, I home physically wounded. Tens of being a member of the Taliban, which he de- rise today to pay tribute to our brave thousands more return suffering from nied. soldiers fighting overseas and in par- post-traumatic stress, depression, and Although there were two exhibits read into ticular the nearly 3,000 Minnesota Na- substance abuse as a result of their evidence against him, he was unable to view tional Guard members who recently service. These are men and women who the evidence. Additionally, the detainee de- had their stays extended in Iraq. I wish nied having been at the place of his capture have served our country on the front in Pakistan at the alleged time of his cap- to speak about our duty to these sol- lines, but on returning home too many ture. The government could not verify with diers for their sacrifices on behalf of have found themselves shunted to the him the time of his capture. our Nation. It is an issue that must end of the line, left waiting to get the transcend partisanship. Mr. SPECTER. In the absence of any health care they need, left waiting to Whether one supports the President’s other Senator seeking recognition, I receive the benefits they have earned escalation or opposes it, as I do, there suggest the absence of a quorum. and, as the shocking revelations from is one point on which we can agree: We The PRESIDING OFFICER. The must support the soldiers on the bat- Walter Reed show us, some have been clerk will call the roll. tlefield, and when they return home, left waiting in the most squalid of con- The bill clerk proceeded to call the we must give them the support they ditions. We are now learning this is not roll. need. an isolated incident. Mr. SPECTER. Mr. President, I ask In the past 4 years, American mili- In Minnesota, one of those left wait- unanimous consent that the order for tary service personnel and their fami- the quorum call be rescinded. ing was Jonathan Schulze. Jonathan, lies have endured challenges and from Stewart, MN, was a 25-year-old The PRESIDING OFFICER. Without stressful conditions that are unprece- objection, it is so ordered. marine who had fought in Iraq and dented in recent history, including un- earned two Purple Hearts. He told his Mr. SPECTER. Mr. President, I have relenting operational demands and re- a couple supplemental comments I parents that 16 men in his unit had curring deployments in combat zones. died in 2 days of battle. When he re- would like to make. Mr. President, 1.5 million American turned home in 2005, the war did not The requirement established by the service men and women have served in leave him. He suffered flashbacks and Department of Defense that a detainee Iraq and Afghanistan. These wars are panic attacks. He started drinking shall be notified ‘‘of their right to seek creating new generations of veterans a writ of habeas corpus in the courts of who need their country to stand with heavily to stave off nightmares. Ac- the United States’’ was given to all the them. Many of the soldiers fighting in cording to VA Secretary Jim Nichol- detainees. So they have had it and re- Iraq and Afghanistan are doing it not son, Jonathan was seen by the VA 46 lied upon it. I suggest that while not only to serve their country but also to times in Minneapolis and St. Cloud, legally the same, that any change in provide for their families. MN, but this was not enough. In Janu- that policy is really in the nature of ex One of these soldiers was Army SGT ary, this young war veteran hanged post facto, which is changing a rule William ‘‘B.J.’’ Beardsley, who lived in himself. and establishing criminal liability Minnesota. Sergeant Beardsley joined We now learn that the VA Medical after the fact, which is prohibited by the Army just after high school and Center in St. Cloud has 15 acute inpa- the Constitution. It isn’t quite that, completed one term of service. But tient psychiatric beds, while a decade but it has the same flavor, and it is the when his wife Stacy encountered med- ago there were 198 beds. That means nature, also, of a bill of attainder, ical ailments, Sergeant Beardsley de- which is legislation that establishes the number of acute psychiatric beds cided to reenlist, in part so that his available for veterans there has de- guilt as opposed to a judicial pro- health insurance would cover the med- clined by more than 90 percent in the ceeding. What we have had here, in ef- ical treatment his wife required. past decade. It is as if nobody even re- fect, is legislation which has changed His personal sacrifice to family and alized that we have been at war for the what the Department of Defense said country allowed his wife to success- the rights of the individuals would be. fully undergo surgery. Tragically, the past 4 years and that tens of thousands I wish to cite, in addition, a day Stacy left the hospital, Sergeant of Minnesotans have returned from quotation from Justice O’Connor in the Beardsley was killed by a roadside combat, with many more to come. Hamdi v. Rumsfeld case, talking about bomb in Iraq. Our veterans didn’t stand in long combat status review boards, in which I have always believed that when we waiting lines when they were called up she said: ask our young men and women to fight or volunteered to serve our Nation. So Any process in which the executive’s fac- and die for this Nation, we make a why are we asking them to stand in tual assertions go wholly unchallenged or promise that we will give them all the line now for medical care? simply presumed correct without any oppor- resources they need to do their job and tunity for the alleged combatant to dem- when they return home, we will take As a former prosecutor, there is a onstrate otherwise falls constitutionally care of them and their families. Ser- saying that ‘‘justice delayed is justice short. geant Beardsley will not be coming denied.’’ I would add that, for our vet- Justice O’Connor restates in short- home, but for too many of his fellow erans, ‘‘health care delayed is health hand the traditional presumption of in- soldiers in Iraq and Afghanistan who care denied,’’ and that, too, is an injus- nocence which is turned on its head by do return, our promise to take care of tice. We need to do better, much bet- the DOD regulations and says as a mat- them has repeatedly been broken. ter, and we can. ter of Supreme Court ruling that with- As a nation, we have an obligation to In fact, we know what needs to be out any opportunity to defend, those wrap our arms around the people who done. First, we need to stop short- presumed conclusions can’t stand. serve us and who have sacrificed for us. changing our veterans during the budg- We saw the case of Judge Green, we Today, our veterans need us more than et process. Just as this administration saw the case cited by the witness be- ever. While the President pushes ahead sent our soldiers into battle without a fore the Judiciary Committee, all of with his surge of additional troops into plan for victory, it also failed to de- which shows the basic unfairness of Iraq’s civil war, at home we are already velop a plan to address their needs once what is going on in Guantanamo. The experiencing a vastly larger surge of they got home. The administration only way to correct it is through the returning soldiers, many of them cit- shockingly underestimated the number traditional habeas corpus rights in izen soldiers from the National Guard of veterans who would require medical Federal court. and Reserves. care. I yield the floor. More than 3,000 have returned having The PRESIDING OFFICER. The Sen- made the ultimate sacrifice, leaving In its fiscal year 2005 budget request, ator from Minnesota. behind grieving families and commu- the Department of Defense estimated

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.002 SWEST PsN: S07MRPT1 S2754 CONGRESSIONAL RECORD — SENATE March 7, 2007 that they would have to provide care We must also upgrade Guard mem- structure is not equipped to deal with for 23,500 veterans from Iraq and Af- bers from their perceived status as sec- these injuries and to care for brain-in- ghanistan. In reality, more than four ond class veterans in other areas, in- jured vets once they leave these spe- times that number required assistance. cluding health care, pension plans, edu- cialized centers and return home. This Last year, the Pentagon underesti- cation, and reintegration programs. We must be a priority. mated the number of veterans seeking need to do a better job of integrating Another issue that is only beginning care by 87,000. our returning veterans back into our to receive sufficient attention is the The Department of Veterans Affairs communities when they return. This is proliferation of mental health dis- operates the largest medical system in particularly hard for National Guard orders among veterans. According to a the Nation. It has a reputation for members when they do not have a base Veterans’ Health Administration re- high-quality care, with many talented, to go home to and have to go to lit- port, roughly one-third of Iraq and Af- dedicated doctors, nurses, and other erally thousands of communities and ghanistan veterans who sought care staff. The VA’s resources, however, are small towns across this country. through the VA were diagnosed with now severely strained. The waiting list In Minnesota, we are proud to have potential symptoms of post-traumatic and delays get longer. The shortages created the Beyond the Yellow Ribbon stress, drug abuse, or other mental dis- are especially severe in mental health Program, which provides counseling orders. care. Last year, the VA underestimated and support to National Guard mem- The Joshua Omvig Suicide Preven- the number of new post-traumatic bers and their families. Across my tion Act, introduced by my colleagues cases by five times. State right now, the National Guard is from Iowa, will help ensure 24-hour ac- For the past several years, this ad- sponsoring a unique series of Family cess to mental health care for veterans ministration has submitted a budget Reintegration Academies. Several deemed at risk for suicide. It will cre- request for the VA that significantly weeks ago, I had the honor of attending ate VA programs to help veterans cope underfunded the needs of America’s 25 one of these academies in Alexandria, with post-traumatic stress disorder and million veterans. This is from the same MN. This pilot reintegration program other mental illnesses that too often administration that each year asks has helped ease the transition for sol- lead them to take their own lives. Congress to authorize tens of billions diers and their families, and it has got- Nearly 1,000 veterans who receive care of dollars for projects in Iraq. I was ten fabulous reviews from the partici- from the VA commit suicide each year. pleased that the continuing resolution, pating families. It is too late for Jonathan Schulze, but passed a few weeks ago, increased fund- What works in Minnesota can work it is not too late for the many other ing for the VA by $3.5 billion over fiscal in every State across the Nation. As we suffering soldiers who are at risk for year 2006 levels. However, this should enter this appropriations process, I will suicide. only be the beginning of a renewed be working with my colleagues to in- In the coming weeks and months, I commitment to our service men and sist that the Federal budget include hope to engage my colleagues to co- women, both on the front lines and on funding for reintegration programs for operate on new legislation that will in- the home front. Guard members and reservists. crease the funding and commitment to When the President’s budget comes Third, we need to improve health veterans mental health services. In to the Senate floor later this month, I care for all of our soldiers. The prob- past years, veterans, such as my father, will join my like-minded colleagues in lems found at Walter Reed are all too could count on the fact that their Gov- pressing for a substantial increase in common at veterans hospitals and cen- ernment would stand by them. After VA funding. ters nationwide. I have joined my col- World War II, our Government did just Second, we need to start treating our leagues in legislation that will begin to that, adopting the GI bill to provide National Guard and Reserves like the solve the personnel and building short- health, housing, and educational bene- soldiers they are. Up to 40 percent of ages at Walter Reed Hospital and simi- fits that gave returning veterans the the troops fighting in Iraq have been lar centers across the Nation. I also help they needed to heal, to raise fami- National Guard members and reserv- will join the Democratic leadership in lies, and to prosper. ists. Minnesotans know all too well the the Senate in their HEROES plan to At a time when we are spending bil- burden being placed on our Guard provide more oversight to veterans af- lions on the reconstruction of Iraq, forces. The National Guard was not fairs and develop legislation to address funding for health care for veterans is built to serve as an Active-Duty force these problems. far below what is needed. Those are the for prolonged periods of time. Yet that One of the most glaring needs in vet- wrong priorities for our country. We is exactly what we are requiring them erans health care today is funding for cannot abandon the brave soldiers who to do. Guard funding and benefits have research and treatment of poly- fought for us once they return. not gone up correspondingly to match traumatic injuries. As Bob Woodruff of In his Second Inaugural, President its increased duties. ABC News showed us so vividly last Lincoln reminded the American people Meanwhile, the Pentagon is stripping week, with his own example and that of that in war we must strive to ‘‘bind up Guard units of their equipment in many other wounded soldiers, brain the Nation’s wounds, to care for him order to make up for shortages in sup- trauma has become a signature injury who shall have borne the battle and for ply. States rely on the presence of a of this war in Iraq. his widow and his orphan.’’ Today, strong and well-equipped Guard in Minnesota is home to one of the VA’s Americans are again called to bind up order to respond to domestic emer- systems four polytrauma rehabilita- our Nation’s wounds and to care for gencies. Department of Defense poli- tion centers. The others are in Palo those who have borne the battle, as cies have weakened the Guard to the Alto, Richmond, and Tampa. These well as their families who have shoul- point that a recent commission found centers were created in recognition of dered their own sacrifice. that 88 percent of Guard units in the the large number of service members Let us live up to this solemn obliga- United States cannot meet prepared- sustaining multiple severe injuries as a tion to bring our troops home safely ness levels. result of explosions and blasts. These and to honor our returning soldiers and It is time we recognize the elevated centers provide a full array of inpa- their families by giving them the care position and importance of the Na- tient and outpatient services, with spe- and the benefits they have earned. tional Guard to our national security. cialized programs for traumatic brain Mr. President, I yield the floor. As a member of the National Guard injuries, spinal cord injury, blind reha- AMENDMENTS NOS. 383 AND 384, EN BLOC, TO Caucus, I support the National Guard bilitation, and post-traumatic stress AMENDMENT NO. 275 Empowerment Act, which will promote disorder. Mr. BIDEN. Mr. President, I send to the commander of the National Guard I have visited the VA polytrauma the desk two amendments. I am only to a four-star general and make him a brain center in Minneapolis. We need going to speak to one, but I would like member of the Joint Chiefs of Staff. It more of these centers and more re- to send both to the desk so I have them will also grant the Guard more respon- search into the permanent effects of offered. One is an amendment relating sibility over coordinating Federal and brain trauma caused by explosions on to funding of the homeland security ef- local agencies during emergencies. the battlefield. Our current VA infra- fort, and the other is one relating to

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.024 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2755 the ability for cities and States to re- (2) PRACTICAL ALTERNATE ROUTES.—Owner- URAL DISASTERS.—There are authorized to be route hazardous waste around their ship of the tracks or facilities shall not be appropriated from the Trust Fund— major metropolitan areas. considered by the Secretary in determining (A) $500,000,000 for each of fiscal years 2008 The PRESIDING OFFICER. Without whether there is a practical alternate route through 2012 for the Federal Emergency under paragraph (1). Management Agency for Fire Act Grants; objection, the clerk will report. (3) GRANT OF EXCEPTION.—If the Secretary and The legislative clerk read as follows: grants an exception under subsection (d)(4)— (B) $500,000,000 for each of fiscal years 2008 The Senator from Delaware [Mr. BIDEN] (B) the Secretary shall notify Federal, through 2012 for the Federal Emergency proposes amendments numbered 383 and 384, State, and local law enforcement and first Management Agency for SAFER Grants. en bloc, to Amendment No. 275. responder agencies (including, if applicable, (d) AUTHORIZATION OF APPROPRIATIONS FOR Mr. BIDEN. Mr. President, I ask transit, railroad, or port authority agencies) ADDITIONAL ACTIVITIES FOR HOMELAND SECU- within the high threat corridor. unanimous consent that the reading of RITY.—There are authorized to be appro- priated from the Trust Fund such sums as the amendments be dispensed with. AMENDMENT NO. 384 (Purpose: To establish a Homeland Security necessary for— The PRESIDING OFFICER. Without (1) the implementation of all the rec- objection, it is so ordered. and Neighborhood Safety Trust Fund and refocus Federal priorities toward securing ommendations of the Commission, including The amendments (Nos. 383 and 384) the Homeland, and for other purposes) the provisions of this section; are as follows: (2) fully funding the grant programs au- At the end, add the following: AMENDMENT NO. 383 thorized under this bill, including the State SEC. 1505. HOMELAND SECURITY TRUST FUND. Homeland Security Grant Program, the (Purpose: To require the Secretary of Home- (a) DEFINITIONS.—In this section: Urban Area Security Initiative, the Emer- land Security to develop regulations re- (1) TRUST FUND.—The term ‘‘Trust Fund’’ gency Management Performance Grant Pro- garding the transportation of high hazard means the Homeland Security and Neighbor- gram, the Emergency Communications and materials, and for other purposes) hood Safety Trust Fund established under Interoperability Grant Programs, rail and subsection (b). On page 361, after line 20, add the fol- transit security grants and any other grant (2) COMMISSION.—The term ‘‘Commission’’ lowing: program administered by the Department; means the National Commission on Terrorist Subtitle D—Transport of High Hazard (3) improving airline passenger screening Attacks upon the United States, established Materials and cargo scanning; under title VI of the Intelligence Authoriza- (4) improving information sharing and SEC. 1391. REGULATIONS FOR TRANSPORT OF tion Act for Fiscal Year 2003 (Public Law communications interoperability; HIGH HAZARD MATERIALS. 107–306; 6 U.S.C. 101 note). (5) supporting State and local government (a) DEFINITION OF HIGH THREAT CORRIDOR.— (b) HOMELAND SECURITY AND NEIGHBORHOOD law enforcement and first responders, includ- In this section, the term ‘‘high threat cor- SAFETY TRUST FUND.— ing enhancing communications interoper- ridor’’ means a geographic area that has (1) ESTABLISHMENT OF TRUST FUND.—There been designated by the Secretary as particu- is established in the Treasury of the United ability and information sharing; larly vulnerable to damage from the release States a trust fund to be known as the (6) enhancing the inspection and promoting of high hazard materials, including— ‘‘Homeland Security and Neighborhood Safe- 100 percent scanning of cargo containers des- (1) areas important to national security; ty Trust Fund’’, consisting of such amounts tined for ports in the United States and to (2) areas that terrorists may be particu- as may be appropriated or credited to the ensure screening of domestic air cargo; larly likely to attack; or Trust Fund. (7) protecting critical infrastructure and other high threat targets such as passenger (3) any other area designated by the Sec- (2) RULES REGARDING TRANSFERS TO AND rail, freight rail, and transit systems, chem- retary. MANAGEMENT OF TRUST FUND.—For purposes (b) PURPOSES OF REGULATIONS.—The regu- of this section, rules similar to the rules of ical and nuclear plants; lations issued under this section shall estab- sections 9601 and 9602 of the Internal Rev- (8) enhancing the preparedness of the pub- lish a national, risk-based policy for high enue Code of 1986 shall apply. lic health sector to prevent and respond to acts of biological and nuclear terrorism; hazard materials being transported or (3) DISTRIBUTION OF AMOUNTS IN TRUST (9) the development of scanning tech- stored. To the extent the Secretary deter- FUND.—Amounts in the Trust Fund shall be mines appropriate, the regulations issued available, as provided by appropriation Acts, nologies to detect dangerous substances at under this section shall be consistent with for making expenditures for fiscal years 2008 United States ports of entry; and other Federal, State, and local regulations through 2012 to meet those obligations of the (10) other high risk targets of interest, in- and international agreements relating to United States incurred which are authorized cluding nonprofit organizations and in the shipping or storing high hazard materials. under subsection (d) for such fiscal years. private sector. (c) ISSUANCE OF REGULATIONS.—Not later (4) SENSE OF THE SENATE.—It is the sense of Mr. BIDEN. Mr. President, with re- than 90 days after the date of enactment of the Senate that the Committee on Finance gard to the first amendment, No. 383, this Act, the Secretary shall issue interim of the Senate should report to the Senate which I am not going to take time to regulations and, after notice and oppor- not later than 30 days after the date of the speak to today, is an amendment that tunity for public comment final resolutions, enactment of this Act legislation which— allows cities and States to reroute haz- concerning the shipment and storage of high (A) increases revenues to the Treasury in hazard materials. the amount of $53,300,000,000 during taxable ardous material around their cities. In (d) REQUIREMENTS.—The regulations issued years 2008 through 2012 by reducing sched- a nutshell, and I know no one knows under this section shall— uled and existing income tax reductions en- this better than the Chair, and I mean (1) except as provided in subsection (e), acted since taxable year 2001 with respect to that sincerely, these are 90-ton chlo- provide that any rail shipment containing the taxable incomes of taxpayers in excess of rine gas tank cars that go rolling high hazard materials be rerouted around $1,000,000, and through Newark on their way down any high threat corridor; (B) appropriates an amount equal to such through the corridor into my State and (2) establish standards for the Secretary to revenues to the Homeland Security and across my State. grant exceptions to the rerouting require- Neighborhood Safety Trust Fund. ment under paragraph (1). (c) PREVENTING TERROR ATTACKS ON THE I once asked, not too long ago, the (e) TRANSPORTATION AND STORAGE OF HIGH HOMELAND.— Naval Research Institute to give me an HAZARD MATERIALS THROUGH HIGH THREAT (1) AUTHORIZATION OF APPROPRIATIONS FOR analysis of what would happen if one of CORRIDOR.— SUPPORTING LAW ENFORCEMENT.—There are those were to blow up in a metropoli- (1) IN GENERAL.—The standards for the Sec- authorized to be appropriated from the Trust tan area. They said that 100,000 people retary to grant exceptions under subsection Fund— would die—100,000 people would die. Yet (d)(4) shall require a finding by the Secretary (A) $1,150,000,000 for each of the fiscal years this administration has opposed and we that— 2008 through 2012 for the Office of Commu- (A) the shipment originates or the point of nity Oriented Policing Services for grants to have not committed to allowing cities destination is in the high threat corridor; State, local, and tribal law enforcement to to reroute this hazardous material (B) there is no practicable alternative hire officers, purchase technology, conduct around their major metropolitan areas. route; training, and to develop local That is one amendment which I will (C) there is an unanticipated, temporary counterterrorism units; come back to at another time. emergency that threatens the lives of per- (B) $900,000,000 for each of the fiscal years At this moment I want to now speak sons or property in the high threat corridor; 2008 through 2012 for the Justice Assistance to an amendment that is much broad- (D) there would be no harm to persons or Grant; and er, Amendment No. 384. property beyond the owners or operator of (C) $500,000,000 for each of the fiscal years the railroad in the event of a successful ter- 2008 through 2012 for the Law Enforcement We often say that September 11 rorist attack on the shipment; or Terrorism Prevention Grant Program. changed everything. Well, it changed (E) rerouting would increase the likelihood (2) AUTHORIZATION OF APPROPRIATIONS FOR everything except it didn’t change our of a terrorist attack on the shipment. RESPONDING TO TERRORIST ATTACKS AND NAT- behavior. It changed everything except

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.025 SWEST PsN: S07MRPT1 S2756 CONGRESSIONAL RECORD — SENATE March 7, 2007 when we look at the budget of this ad- how much money was needed, as my found that roughly for an additional ministration in the last 6 years, or 4 friend from New Jersey has, they said: $10.3 billion a year, we can implement years since then, and if we look at our Oh, we can’t afford it. all of the 9/11 recommendations—all of tax policy since then, we look at what Give me have a break. We can’t af- them, including provisions in this hasn’t changed. ford it? We can afford over $700 billion title—and do other commonsense My dad used to have an expression, in tax cuts for people making over $1 things we know will make us more Mr. President. You probably heard me million a year, and we can’t afford it? safe, such as reinvesting in local po- say it before: Show me your budget, I I will point out that it comes to about lice. will tell you what you value. a $50 billion price tag over 5 years to The bottom line is this: If we simply Tax cut after tax cut, overwhelm- implement all the 9/11 Commission Re- commit to taking back a small frac- ingly tilted to those who were at the port. Can’t afford it? tion of the cuts for those making over highest end of the tax bracket, is what Let me point out that the Congres- $1 million a year, we can pay for all the this outfit has valued. The truth is, we sional Budget Office recently released security upgrades we need. Here is how seem not to value protecting our cities, a study indicating H.R. 1, the House it would work. My amendment simply our homeland. The truth is, as the Pre- counterpart to this bill, will cost $21 puts the Senate on record calling for siding Officer knows better than any- billion, but the Senate bill we have the Finance Committee to report legis- one, living on the east coast in a State here only costs $17 billion. There are a lation to provide $53 billion in funding such as mine, only much larger, you few comprehensive estimates of what for homeland security to be placed in know what the costs of the 9/11 Com- all the 9/11 recommendations would the homeland security trust fund. It is mission recommendations are. You cost, but I did what you did, I say to called a Homeland Security and Neigh- know how few dollars we have spent the Presiding Officer, and what others borhood Safety Trust Fund. From this implementing the recommendations. did—I went to a bunch of very smart trust fund, we require that spending be Literally from your home county, you people. I have been involved in this, as dedicated toward initiatives and grant could see the buildings collapse, the you have, from day one. We went in programs authorized in this legisla- tion, including the Urban Area Secu- World Trade Center towers collapse. and costed it out, what it would cost rity Initiative, the State Homeland Se- Thousands of people from your State for the main recommendations of the 9/ curity Grant Program, emergency were significantly affected, many were 11 Commission. The truth is, we are management performance grants, and killed. easily able to fund it. It is a lot more rail and transit security grants. It We all ripped out our hair about how than that; it is $50 billion over 5 years, would reinstate the COPS Program, this was so terrible; we were going to roughly. the FIRE Act grants, SAFER grants, not let this happen again. We went out In addition we are not prepared in and the Justice Assistance grants, there and took a real good look at terms of homeland security relating to which provide essential support to what needed to be done when the 9/11 local cops, sheriffs—local police. If State and local police, allowing them Commission came along. Precious lit- there is going to be somebody who is to coordinate with the Federal Govern- tle was done. Yet during the same pe- trying to put sarin gas into a complex ment. It would be funding enhance- riod of time we made sure to help peo- in your State or mine, it is not going ments in interoperable communica- ple earning more than a million dollars to be some brave special forces soldier tions, improve port security, including a year. I am not picking on them. I am in fatigues wearing night-vision gog- working toward 100 percent scanning of happy. I hope my grandkids make over gles who is going to figure this thing cargo containers, and upgrade and bet- a million dollars a year. I hope every- out; it is going to be a local cop riding ter prepare the Nation’s public health body in America can. I have no prob- behind the arena and seeing someone sector to respond to acts of bioter- lem with anybody making hundreds of getting out of a dumpster. If we are rorism and nuclear terrorism. millions of dollars. going to break up these rings, it is I ask all my colleagues in earshot of One of the things we forget on the going to be intelligence, but also it will my voice, go to the largest cities in Senate floor is that those folks are just be a local cop walking a beat in New- your States and go to the emergency as patriotic as poor folks. Those folks ark, NJ, or Wilmington, DE—or New- rooms in your hospitals. Ask how many are just as patriotic as middle-class ark, DE. ‘‘By the way, those three times they have to close down their folks. They didn’t ask for these mas- apartments that have been vacant for hospitals. They send out to all the am- sive tax cuts. They are prepared to give the last 7 years, there are lights on in bulance drivers in the entire region some of them back in order to make the window.’’ that would be serviced by them a state- the country more safe, but we don’t What have we done? We slashed ment saying: We can’t take any more ask anything of them. So what hap- spending for local law enforcement. We today. What in God’s name are we pens? Just for this year, for households slashed it $2.1 billion a year since this doing to prepare these hospitals and in- making more than $1 million a year, to President has become President. frastructure for a terrorist attack? put this in perspective, they are going Show me your budget, I will tell you We also have to upgrade and develop to get a tax cut of $45 million. If you what you value. It is a little bit like new scanning technology to detect dan- look at it from 2008 to 2017, that aggre- taking care of veterans. Show me your gerous substances. That is what this gate tax cut, if you are at an income budget, I will tell you what you value. money would be allowed to be used for. where you make more than a million In addition, the study by the U.S. When I introduced this legislation dollars a year, is going to be $739 bil- Conference of Mayors found that 75 last year and got a vote, I explained lion. Households with incomes of that percent of the cities in America do not how I would allocate the $10.3 billion. I magnitude obviously take a big chunk have interoperable communications— put $1 billion in here for interoper- of what are the fiscal priorities of this 75 percent. This is a disgrace. What do ability, I put in $1 billion to promote Nation. we need? We had Hurricane Katrina, we 100 percent cargo container scanning, We just had a long discussion here had 9/11—what else do we need to dem- $500 million to bolster the public about the grant programs and how we onstrate that it is useful to have a health infrastructure, and $100 million allocate funding to the various States. local cop be able to speak to the Na- to improve government-wide informa- We debated that. But it is like rear- tional Guard that is called in, to be tion sharing. In order to leave what ranging the deck chairs on the Titanic able to have somebody in the command should be left—I took out these specific unless there is actual money dedicated center who can talk to everybody? Yet allocations in order to give to my col- to provide for these needs. What we 75 percent of the cities do not have leagues on the Appropriations Com- have not done is we have not ensured a interoperable communications capa- mittee and the Homeland Security funding source. We have not provided bility—one of the strongest rec- Committee more discretion on how to the money needed to implement the 9/ ommendations made by the 9/11 Com- spend the additional money in the out- 11 Commission recommendations. mission. years. I withheld the specifics. It is I say to my colleagues that we have As I said, while there is not a com- just an order to the relevant commit- money to fund these programs. When I prehensive assessment, I have spent a tees to come up with how to spend that raised this last year and I talked about lot of time talking to experts and money.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.026 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2757 Any way you slice it, this will leave Mr. President, I end where I began. gency because they have basic worker the most fortunate among us still very As my dad used to say, don’t tell me protections? The notion is very un- fortunate but will take, from over $736 what you value, show me your budget. American and, frankly, it is mildly in- billion, $52 billion. No one in this Don’t anyone on this floor presume to sulting to the men and women serving Chamber can tell me that there is any- tell me, in the years I have spent here, as officers in our airports today. one out there who is going to say that that this country cannot afford to The Border Patrol, same protections; is not fair. No one can tell me that will spend, over the next 5 years, $10.2 bil- Customs officials, same protections; have a scintilla of a negative impact on lion a year to make this Nation safer. most of the employees in Homeland Se- the economy. No one can argue, I re- Please don’t anyone suggest that it is curity, the civilian employees of the spectfully suggest—and I invite them not possible to pay for this when, in Department of Defense, FEMA employ- to do it—that, in fact, these things are fact, you have a tax policy that is so ees, all of whom have to respond to not needed, what I am talking about out of whack that even the people who emergencies, all have these same basic here. These were all talked about by are benefiting the most from it are worker protections. various Senators. willing to contribute to our national My amendment says they cannot col- The numbers are clear. Those who security. If we ask the sons and daugh- lectively bargain for higher pay. My need the least help are getting the ters, husbands and wives, mothers and amendment spells out clearly that the most from the current tax cuts, and fathers in each of our towns and cities Secretary of Homeland Security and those fortunate Americans are twice to send their children, their husbands the Director of TSA have complete au- blessed. They are blessed by our efforts and wives to protect us abroad, we sure thority to mandate what these workers in this bill, and they are blessed by the in the devil can ask the people making do in times of an emergency. At the fact that they are doing very well over $1 million a year—a total tax same time it is going to allow us to through their own hard work. break of over $736 billion over the next professionalize this workforce. This I have said before, of the many oppor- several years—to contribute $10.2 bil- part of the Federal Government suffers tunities squandered since 9/11, the most lion a year out of that tax cut. I am from incredible turnover, as high as 50 tragic opportunity squandered by this confident they are ready. They just percent. That is a turnover rate that administration is the failure to call our need to be asked. would be unacceptable in the private country together, to give all of us a I hope, when the appropriate time sector. It is inefficient. It is expensive. part to play in response to the new comes, my colleagues will favorably We are not getting the kind of experi- threats we face, not just middle-class consider my amendment. enced screeners who know what to look folks who are sending their husbands, I yield the floor. for and when to look for it based on wives, sons, and daughters to Iraq and AMENDMENTS NOS. 316 AND 342 their experience, not because of some Afghanistan to try to protect us. The PRESIDING OFFICER. Under job training program. But despite the rhetoric that calls the previous order, there will be 15 This amendment will provide those upon the proud recollections of our na- minutes of debate equally divided on basic protections. It will profes- tional purpose in conflicts such as amendments Nos. 316 and 342 offered by sionalize the workforce. In the long World War II and the Cold War, on this Senators MCCASKILL and COLLINS. run, it will make us all safer. floor there has been an incredible vacu- Who yields time? I urge colleagues to support the um of leadership. Those Presidents The Senator from Missouri. McCaskill amendment. I yield the re- asked something of the American peo- Mrs. MCCASKILL. Mr. President, if mainder of my time to Senator KEN- ple. What has been asked except forfeit the Chair would inform me when I have NEDY. commitments to health care, edu- used 3 minutes because I want to yield Mr. KENNEDY. Mr. President, how cation, and energy security? And where my remaining time. much time remains for both sides? does that burden fall? It falls on work- There have been so many things said The PRESIDING OFFICER. Senator ing women and men. about this amendment that are not MCCASKILL has 4 minutes remaining, Let me just say as my time begins to true. I want to make sure my col- and Senator COLLINS has 71⁄2 minutes expire that I know those who are very leagues understand how many things remaining. well off. I know they are willing to do are being said that are not true. Mr. KENNEDY. Mr. President, I ask this. I had an opportunity to speak to There is one truth everyone needs to the Chair to remind me when there is 1 a group of 50 people advertised to me as embrace. That is, we are only trying to minute remaining. among the most wealthy people in the give to the screening officers at air- First, I commend the good Senator nation. It was a group of investors. I ports the same worker protections that for offering this amendment. It is im- spoke before them, and I said to them we give so many of our men and women portant to understand what it does not that this is what I wanted to do. I said: in uniform who are helping with our do. It does not provide a right to Does anybody in here disagree with national security and safety. As I drove strike, a right to bargain over pay. It that? It was advertised to me that a up this morning to the Capitol, I was does not prevent TSA from responding significant portion of these people were greeted by Capitol police officers. Does to emergencies, and it does not prevent actually billionaires. When I raised anyone doubt those Capitol police offi- TSA from responding to new threats. that question, there was silence in the cers would do whatever is necessary to This amendment does none of that, room, and finally one guy honestly put try to protect us? Of course not. But even though it has been distorted and his hand up. yet those same arguments are being misrepresented. He said: I am not too sure I am. I am used to try to discourage people from As the good Senator has pointed out, not too sure you won’t go out and supporting this amendment, that some- what are the existing attrition rates waste the money. how if these workers are part of some today? Look at the different security I said: Will you support it if I come collective bargaining agreement, they agencies, Immigration and Customs forward and do what I did in the crime will no longer be there at a moment’s correctional officers, Secret Service bill I wrote years ago, I drafted years notice to do whatever they are asked and Border Patrol, and Transportation ago—set up a trust fund, and the to secure our safety and security. Security. This is the national security money we take from this tax cut to get As I said previously, how many threat, the idea that the TSA has this this $50 billion-plus will be put into a Americans bought the NYPD shirts and kind of turnover. That is the nature of trust fund, and it can only be used for hats and the New York fire department the threat, having to get new people homeland security and neighborhood shirts and hats after 9/11? Those fire- after new people after new people, be- safety? Would you support it then? fighters in New York who went into cause workers don’t have a right to I got an ovation, literally an ovation, that burning building losing their lives speak and don’t have the right to bring mostly a standing ovation, I say to in the process, running into danger their grievances. you, Mr. President, from these ex- rather than away from it, all were What is the result? Even in this agen- tremely wealthy people. The wealthy working under a collective bargaining cy we find out in terms of lost time and are ready to commit just as the middle agreement. Does anyone doubt that the injury rate, this agency leads the class and poor are. they hesitated responding to an emer- pack. What does it show? It shows it is

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.027 SWEST PsN: S07MRPT1 S2758 CONGRESSIONAL RECORD — SENATE March 7, 2007 poorly administered and the workers a highly classified briefing, details of this amendment regrettably does not provide are not being treated fairly or are not when they have had to change the em- a workable solution. Indeed, in some respects treated with respect. ployee work conditions or assignments it would make it even more difficult for the The McCaskill amendment is simple Transportation Security Administration or duties. This isn’t just a hypothetical (TSA) to manage its workforce than would in what it does. The Border Patrol need. It is one we saw last summer be section 803—particularly managing its agents have these kinds of protections. put in place in the wake of a bombing Transportation Security Officers (TSO), who FEMA has these protections. Immigra- plot that, fortunately, was thwarted. serve on the front lines to secure our na- tion and Customs have these protec- These are needs that came into play in tion’s civil aviation system. tions. Unless we have the McCaskill the response to Hurricane Katrina. Most notably, SA 316 could actually ex- amendment, we will not have the range What I have suggested in my amend- pand the opportunities to bargain collec- of these protections for Transportation tively beyond what is contemplated by sec- ment is that we take major steps to af- tion 803 of the underlying bill. The amend- Security Administration workers. The ford more employee rights and protec- ment casts doubt on whether bargaining over others have it but not TSA. tions to the TSA personnel, but we do employee compensation and benefits is pro- What does the other side have so in a way that maintains the flexi- hibited, as it is under current law and sec- against working men and women? How bility TSA has told us, both in classi- tion 803. The amendment also does not dif- insulting, that these men and women fied session and in public hearings, ferentiate between mandatory and permis- will not put the security of the United they need to help safeguard our coun- sive subjects of bargaining, or set terms for States first. At the time of 9/11, under bargaining over procedures and appropriate try. arrangements related to changes in condi- the Defense Department, they moved The amendment I have proposed also hundreds and thousands of civilians all tions of employment. Given the scope of sec- includes other protections for the em- tion 111(d) of the Aviation and Transpor- around the country. They were all ployees. It makes very clear that they tation Security Act (P.L. 107–7), these issues under collective bargaining agree- can join a union. There are several will likely become the subject of litigation. ments. Not one grievance was filed, not TSOs who have joined a union in order Therefore, the amendment could require a single one. These men and women un- for representation, if there is an ad- TSA management to bargain to impasse over derstood their duty. They understood verse employment action. matters that no other federal agency en- the threat. They were patriotic Ameri- gaged in security is required to address. Fur- Another provision of the bill recog- thermore, the very definition of ‘‘pay’’ could cans. What is it about the other side nizes this is not the final word on the that questions that these are men and become the subject of time-consuming litiga- issue but asks for TSA and the GAO to tion. women of dignity who will do their job take a look at the personnel system for The amendment also promises to impede when this Nation is threatened? What TSA and report back to us in a year’s the quick and fair resolution of grievances is it about? It certainly wasn’t there at time about whether there should be and other workplace disputes for the thou- 9/11 when their brothers and sisters other changes made to improve the sands of TSOs. Although the Administrator who work for the Department of De- of TSA purportedly would not be required to system. bargain over responses to emergencies or im- fense agency were moved all around. The amendment also provides for a They were prepared to do everything minent threats, it is inevitable that pro- pay-for-performance system which has tracted litigation will ensue over the mean- they were asked to do. been successfully implemented at TSA. The PRESIDING OFFICER. The Sen- ing of these terms. Moreover, the very defini- We want to codify that. tion of ‘‘emergencies, newly imminent ator has 1 minute remaining. I don’t think this is an all-or-nothing threats, or intelligence indicating a newly Mr. KENNEDY. Finally, as the good debate. We can take some significant imminent emergency risk’’ could be subject Senator has pointed out, as the smoke steps today. Secretary Chertoff has to collective bargaining and subsequent liti- was coming out of the buildings in New sent a letter on behalf of the adminis- gation. The resolution of these issues might York, when we saw the collapse of the rest with an arbitrator with no direct knowl- tration that comments on the alter- first buildings and men and women edge of intelligence, risk and threat assess- native proposal put forth by my friend under collective bargaining agreements ment, and transportation security. This were asked to go into those fiery infer- from Missouri, Senator MCCASKILL. I would place the performance of TSA’s secu- nos, no one was talking about collec- do have a lot of admiration for my rity mission in the hands of someone who friend and colleague, but I think my neither has the expertise needed to make tive bargaining agreements. They were these decisions nor is accountable for them. talking about doing their duty to the other colleagues should be aware that the Department says that ‘‘this amend- The amendment also fails to alleviate the United States. Let us permit these adverse impact that collective bargaining workers to do their duty. Let’s give ment regrettably does not provide a would have on TSA’s day-to-day security op- them these protections. Let’s give workable solution. Indeed, in some re- erations. TSA is responsible for providing them the kind of respect and dignity spects it would make it even more dif- and managing complex, on-site security sys- the McCaskill amendment gives them. ficult for the . . . (TSA) to manage its tems at more than 450 commercial airports, I reserve whatever time remains. workforce than would section 803 [in which collectively screen approximately two The PRESIDING OFFICER. Who the underlying bill.]’’ million passengers a day for thousands of yields time? I want to make sure my colleagues commercial flights. Collective bargaining The Senator from Maine. are aware that the Department of would limit TSA’s management flexibility, Homeland Security believes the under- which is an indispensable element of this Ms. COLLINS. Mr. President, it is system. TSA must be able to react nimbly, very clear to me that we can take sig- lying bill, the language authored by not only to the ever-evolving security nificant steps today to give TSA em- the Senator from Connecticut, is pref- threats that confront our Nation, but also to ployees more protections, and that is erable to the language offered by the changing air carrier schedules, weather dis- what the amendment I and several oth- Senator from Missouri. ruptions, and special events that draw large ers have proposed would do. It would I ask unanimous consent that the en- numbers of passengers to particular airports. bring TSA employees under the Whis- tire letter from Secretary Chertoff be TSA also needs flexibility to screen not only tleblowers Protection Act, and it would printed in the RECORD. passengers and their checked baggage, but allow them to appeal any adverse em- There being no objection, the mate- also air cargo, airport employees, and con- tractors working at airports. Simply put, ployment action such as a firing or de- rial was ordered to be printed in the collective bargaining remains incompatible motion to an independent agency, the RECORD, as follows: with the successful performance of TSA’s Merit Systems Protection Board. These DEPARTMENT OF HOMELAND SECURITY, vital security mission. are rights I believe TSA employees Washington, DC, March 6, 2007. In addition, the amendment would prevent should have. They are rights that are Hon. SUSAN M. COLLINS, TSA from effectively disciplining employees similar to those enjoyed by other Fed- Committee on Homeland Security and Govern- who break the law. The amendment would eral employees. But what we are trying mental Affairs, U.S. Senate, Washington, trigger Title 5’s procedural requirements for to do is strike a balance between giving DC. taking adverse actions against employees, DEAR SENATOR COLLINS: On behalf of the including the 30-day notice provision set the employees all of the standard col- Administration, I would like to comment on forth in Chapter 75. This would eliminate all lective bargaining rights and the secu- the amendment proposed by Senator accelerated adverse action proceedings, even rity needs of the TSA. McCaskill (SA 316 to SA 315). We appreciate those based on clear and convincing evidence The TSA security needs are not hy- Senator McCaskill’s effort to resolve the of theft, drug possession or usage, and work- pothetical. TSA has shared with us, in problems created by section 803 of S. 4, but place violence. TSA currently responds to

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.030 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2759 such conduct by ensuring that the employees the industry, that has a bonus system The result was announced—yeas 51, who commit these violations are removed for great performance, a performance- nays 48, as follows: from the payroll in as few as three days. The based system, to give them what they [Rollcall Vote No. 64 Leg.] amendment also would call into question need and not jeopardize the traveling TSA’s ability to remove poor performers. YEAS—51 American public? The McCaskill Curtailing any of these procedures would se- Akaka Feingold Murray verely compromise TSA’s ability to guar- amendment actually hurts our flexi- Baucus Feinstein Nelson (FL) antee a safe workplace and assure the trav- bility and our security. Bayh Harkin Nelson (NE) eling public of the uniformly high caliber of As a matter of fact, we had a hearing Biden Inouye Obama its TSO workforce. Ironically, it would also after this bill was on the floor, wherein Bingaman Kennedy Pryor Boxer Kerry Reed create a situation in which non-TSO employ- Mr. Hawley and Mr. Gage came before Brown Klobuchar Reid ees could be removed from the payroll much us and talked about union representa- Byrd Kohl Rockefeller more rapidly than TSO employees who di- tion of the TSO officers. Very revealing Cantwell Landrieu Salazar rectly affect security and customer service statements were said, especially by Mr. Cardin Lautenberg Sanders Carper Leahy Schumer and interact daily with the American public Gage. When we raised concerns about on a large scale. Casey Levin Specter Nor do the amendment’s proposed restric- flexibility during emergencies and Clinton Lieberman Stabenow tions on TSO activities provide much com- complicated issues that required abso- Conrad Lincoln Tester lute flexibility to move people around Dodd McCaskill Webb fort. The amendment states explicitly that Dorgan Menendez Whitehouse TSOs could not bargain over pay, but that is at all times, it was the testimony of Durbin Mikulski Wyden no different from current law or section 803 Mr. Hawley who said they have to plan, of S. 4. Moreover, the amendment specifi- that they are in an emergency all the NAYS—48 cally prohibits the right of screeners to time, which means they have to have Alexander DeMint Martinez Allard Dole McCain strike, but federal law already proscribes the flexibility all the time. Mr. Gage’s such actions by each and every member of Bennett Domenici McConnell the federal workforce. These provisions offer response to that was: These are some- Bond Ensign Murkowski no more protection to the traveling public times bogus emergency situations. Brownback Enzi Roberts Well, the reason we have had such an Bunning Graham Sessions than is found in existing law. Burr Grassley Shelby Ultimately, the amendment is unnecessary effective airline screening program is Chambliss Gregg Smith in light of the significant innovative pro- because we call everything an emer- Coburn Hagel Snowe grams that TSA has implemented to provide gency and plan for it as an emergency, Cochran Hatch Stevens for a high performing workforce. These steps so we never have an emergency. Coleman Hutchison Sununu include: (1) a comprehensive Model Work- Collins Inhofe Thomas This amendment will gut the flexi- Corker Isakson Thune place program; (2) an Office of Occupational bility of the TSA in doing the very Safety, Health, and Environment; (3) a Nurse Cornyn Kyl Vitter thing we have asked them to do; that Craig Lott Voinovich Care Management program to eliminate or Crapo Lugar Warner reduce workplace injuries; (4) National Advi- is, protect us and have an institution sory Councils that provide the TSO work- that is viable, responsive, and nimble NOT VOTING—1 force with direct access to the Administrator to protect us, without having to have a Johnson shop steward ask them what we can do and senior management on all issues con- The amendment (No. 316), as modi- cerning security and workforce conditions; and when we can do it. (5) procedures for Alternative Dispute Reso- Now, the McCaskill amendment says fied, was agreed to. lution; (6) whistleblower protection through we will let you do that in an emer- Mr. LIEBERMAN. Mr. President, I a formal agreement with the Office of Spe- gency, but the fact is, we are in an move to reconsider the vote. cial Counsel; (7) a Disputes Resolution Board emergency mode all the time. So what- Mr. NELSON of Nebraska. I move to to provide additional review of workplace ever contract we might have signed is lay that motion on the table. grievances; and (8) an extensive on-line not going to have any bearing anyway. The motion to lay on the table was training program to provide not only re- agreed to. fresher training for TSOs and other TSA em- So the contrast for the American pub- AMENDMENT NO. 342 ployees, but also the bases for career ad- lic on this vote—and we know this is vancement. The recognition of these pro- going to be a party-line vote. Even The PRESIDING OFFICER. Under grams in a modified amendment would pro- those Members who want to vote the the previous order, there will now be 2 vide an appropriate framework to resolve the other way have been told not to vote minutes of debate equally divided on ongoing issues with section 803 and SA 316. I the other way. We know this is a party- amendment No. 342. look forward to working with the Members line vote about paying back, so Mr. Who yields time? The Senator from on this most critical matter. Maine is recognized. In the final analysis, the changes that SA Gage and his associates can have 40,000 316 would make to section 803 of S. 4 do not people a month pay $30 a month to put Ms. COLLINS. Mr. President, this is resolve the concerns expressed in the State- $12 million to $17 million in the coffers an attempt to find middle ground on a ment of Administration Policy dated Feb- of the employees union. That is what very difficult issue. The amendment ruary 28, 2007. As such, if section 803 is en- this is about. that I and my colleagues offer the Sen- acted in its current format, or as amended This is not about security for this ate would provide TSA employees with by SA 316, the President’s senior advisors country and flexibility with the TSA. I the right to appeal to the Merit Sys- would continue to recommend that he veto urge a vote against the McCaskill tems Protection Board any adverse ac- the bill. tion taken against them. Those rights An identical letter was sent to Chairman amendment and a vote for the Collins Lieberman. amendment. would be identical to the rights that Sincerely, I yield the floor. other Federal employees have. It would MICHAEL CHERTOFF, The PRESIDING OFFICER. All time give them the protections of the Whis- Secretary. on this amendment has expired. tleblowers Protection Act. It recog- Ms. COLLINS. I yield the floor. The Senator from Missouri. nizes that TSA employees have the The PRESIDING OFFICER. The Sen- Mrs. MCCASKILL. Mr. President, I right to join a union, and it calls for us ator from Oklahoma. ask for the yeas and nays on my to revisit this issue in a year by having Mr. COBURN. Mr. President, there is amendment. a report from TSA and the GAO. The PRESIDING OFFICER. Is there a no question that unions have these I think this helps give more rights sufficient second? rights for TSO agents. This is a com- and employment protections to TSA There is a sufficient second. monsense approach. What is not com- The question is on agreeing to employees without impeding the nec- mon sense is to put in jeopardy every amendment No. 316, as modified. essary flexibility that TSA needs to traveling American for the sake of pay- The clerk will call the roll. have for our security. ing back a raw political debt. That is The legislative clerk called the roll. I urge support of the amendment. what this debate is about. Do we jeop- Mr. DURBIN. I announce that the The ACTING PRESIDENT pro tem- ardize safety, do we jeopardize the Senator from South Dakota (Mr. JOHN- pore. The Senate will be in order. The flexibility, do we jeopardize the fine SON) is necessarily absent. Senator from Connecticut is recog- work that has come from an The PRESIDING OFFICER. Are there nized. incentivized system that has very low any other Senators in the Chamber de- Mr. LIEBERMAN. Mr. President, this turnover now compared to the rest of siring to vote? is one of those rare occasions when the

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.009 SWEST PsN: S07MRPT1 S2760 CONGRESSIONAL RECORD — SENATE March 7, 2007 Senator from Maine and I disagree. I Specter Tester Whitehouse The assistant legislative clerk pro- Stabenow Webb Wyden appreciate the fact that Senator COL- ceeded to call the roll. LINS is trying to find a middle ground NOT VOTING—1 Ms. COLLINS. Mr. President, I ask in this contentious debate. She gives unanimous consent that the order for the Transportation Screening Officers Johnson the quorum call be rescinded. at TSA some employee rights but not The amendment (No. 342) was re- The ACTING PRESIDENT pro tem- the right to collectively bargain, which jected. pore. Without objection, it is so or- most employees in the Department of Mr. LIEBERMAN. I move to recon- dered. Homeland Security, and throughout sider the vote. Ms. COLLINS. Mr. President, I am our Government has. Presumably, the Mr. LEAHY. I move to lay that mo- just going to make a brief statement contention is that the right to collec- tion on the table. before the Senator from Connecticut tive bargaining would interfere with The motion to lay on the table was propounds the unanimous consent re- the security responsibility of the agen- agreed to. quest. Now that I have seen the unani- mous consent request, I am not going cies, but TSA in the underlying bill CHANGE OF VOTE to object to it, but I do want to com- and under Senator MCCASKILL’s amend- Mr. CORNYN. Mr. President, on roll- ment would have absolute authority to call vote 65, I voted ‘‘nay,’’ but it was ment briefly on the two votes that we take whatever actions are needed to my intention to vote ‘‘yea.’’ Therefore, have just taken on the issue of the TSA employees. carry out its mission in an emergency I ask unanimous consent that I be per- I think those votes were extremely without bargaining with any units, mitted to change my vote, since it will unfortunate because everyone in this without even considering any collec- not affect the outcome. Chamber knows that the President is tive bargaining agreement. The PRESIDING OFFICER. Without going to veto this important bill if the objection, it is so ordered. The fact is that Federal security provisions remain in the bill as the Mr. CORNYN. I thank the Chair. forces generally have the right to col- Senate just voted. lectively bargain: Border Patrol (The foregoing tally has been If that happens, it means the TSA agents, immigration officers, Customs, changed to reflect the above order.) employees will not receive the addi- Federal Protective Services, and the The ACTING PRESIDENT pro tem- tional protections and rights that I ad- U.S. Capitol Police. Those collective pore. The Senator from Connecticut. vocated for in the amendment that I bargaining rights do not interfere with Mr. LIEBERMAN. Mr. President, I presented to the Senate. They will be their protection of our security, nor rise to offer a unanimous consent re- back to a situation where they cannot would those rights for TSOs at TSA. quest for the order of the speakers to appeal adverse employment actions to Mr. President, I ask for the yeas and follow. It would be, Senator BUNNING of an independent agency, the Merit Sys- nays. Kentucky be recognized for 5 minutes tems Protection Board. They will be The ACTING PRESIDENT pro tem- to call up an amendment and then set back in the situation where they can- pore. Is there a sufficient second? it aside; that Senator SCHUMER of New not be protected by the Whistleblower There is a sufficient second. York then be recognized for up to 5 Protection Act. The question is on agreeing to minutes to call up three amendments It is unfortunate that the votes we amendment No. 342. The clerk will call and set them aside; that Senator have just taken will actually set back the roll. KERRY of Massachusetts be recognized the cause of providing employee pro- The assistant legislative clerk called for up to 10 minutes to offer a tribute tections that the TSA screeners should the roll. to former Senator Tom Eagleton; that have. Mr. DURBIN. I announce that the Senator GRAHAM of South Carolina be I want to make sure that my col- recognized for up to 15 minutes to Senator from South Dakota (Mr. JOHN- leagues are aware of what the practical speak on an amendment; that Senator SON) is necessarily absent. implications and what the results will WYDEN and Senator BOND be recognized The ACTING PRESIDENT pro tem- be of the votes just taken because for up to 10 minutes to call up an pore. Are there any other Senators in there are clearly sufficient votes in amendment; that Senator KYL be rec- the Chamber desiring to vote? this Chamber to sustain the Presi- ognized for up to 5 minutes; and, fi- The result was announced—yeas 47, dent’s veto, and I think it is very un- nally, that Senator LANDRIEU be recog- nays 52, as follows: fortunate that we are not going to be nized for up to 10 minutes to do a trib- able to proceed to give these employees [Rollcall Vote No. 65 Leg.] ute. rights they deserve, rights they should YEAS—47 The ACTING PRESIDENT pro tem- have, and rights that would not impair Alexander Dole McCain pore. Is there objection? our security. Allard Domenici McConnell Mr. LIEBERMAN. Excuse me. Is Sen- I thank the Chair. Bennett Ensign Murkowski ator KYL for 5 minutes or 15 minutes? The ACTING PRESIDENT pro tem- Bond Enzi Roberts Brownback Graham Sessions I said 5 minutes only because it is on pore. The Senator from Connecticut. Burr Grassley Shelby my piece of paper as 5, but it is 15 min- Mr. LIEBERMAN. Mr. President, I Chambliss Gregg Smith utes we want to give to Senator KYL. express my regrets to Senator COLLINS Coburn Hagel Snowe Cochran Hatch The ACTING PRESIDENT pro tem- that she had not seen this list. I Stevens Coleman Hutchison pore. The Senator from Maine. thought she had. We don’t like to do it Sununu Collins Inhofe Thomas Ms. COLLINS. Mr. President, I do ob- that way. It is a bipartisan list, as it Corker Isakson Cornyn Kyl Thune ject at this time because we have not turns out. I am going to propound a Craig Lott Vitter seen this agreement. It has not been unanimous consent request again and Crapo Lugar Voinovich discussed with the manager or the staff do it in summary fashion without men- DeMint Martinez Warner on this side. I do object, and I suggest tioning the topics again. NAYS—52 the absence of a quorum. I ask unanimous consent that the Akaka Dorgan McCaskill The ACTING PRESIDENT pro tem- order of speakers be as follows: Senator Baucus Durbin Menendez pore. Objection is heard. Without ob- BUNNING for 5 minutes; Senator SCHU- Bayh Feingold Mikulski jection, the clerk will call the roll. MER for 5 minutes; Senator KERRY for Biden Feinstein Murray The assistant legislative clerk pro- 10 minutes; Senator GRAHAM for 15 Bingaman Harkin Nelson (FL) YDEN Boxer Inouye Nelson (NE) ceeded to call the roll. minutes; Senator W and Senator Brown Kennedy Obama Mr. BUNNING. Mr. President, I ask BOND to share 10 minutes; Senator KYL Bunning Kerry Pryor unanimous consent that the order for for 15 minutes; and Senator LANDRIEU Byrd Klobuchar Reed Cantwell Kohl the quorum call be rescinded. for 10 minutes. In each case, it is up to Reid Cardin Landrieu Ms. COLLINS. Mr. President, I ob- that amount. I know the Senate would Rockefeller Carper Lautenberg Salazar ject. be grateful if the Senators choose not Casey Leahy The ACTING PRESIDENT pro tem- Clinton Levin Sanders to use the full amount of time. Conrad Lieberman Schumer pore. Objection is heard. The clerk will The ACTING PRESIDENT pro tem- Dodd Lincoln continue with the call of the roll. pore. Is there objection?

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.039 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2761 Mr. ALLARD. Mr. President, I would (b) AUTHORITY TO CARRY FIREARMS.—Sec- ‘‘(n) SECURITY INSPECTIONS.—A Federal like to have permission to alternate tion 44921(f) of title 49, United States Code, is flight deck officer may not be subject to between Republicans and Democrats. If amended to read as follows: greater routine security inspection or ‘‘(f) AUTHORITY TO CARRY FIREARMS.— I could be lined up to speak after—who screening protocols at or in the vicinity of ‘‘(1) IN GENERAL.—The Secretary shall au- an airport than the protocols that apply to was the first Democrat after Senator thorize a Federal flight deck officer to carry other Federal law enforcement officers.’’. BUNNING? Senator SCHUMER. If I may be a firearm on the officer’s person. Notwith- (e) REPORTS TO CONGRESS.—Section 44921 of allowed to speak next, I would appre- standing subsection (c)(1), the officer may title 49, United States Code, as amended by ciate it. I was lined up to speak at 2 purchase a firearm and carry that firearm in subsections (c) and (d), is further amended by o’clock originally, but we had the vote accordance with this section if the firearm is adding at the end the following new sub- at 2 o’clock and, obviously, that has of a type that may be used under the pro- section: gram. been slid out now. If the Senator from ‘‘(o) REPORTS TO CONGRESS.— ‘‘(2) PREEMPTION.—Notwithstanding any ‘‘(1) REPORTS ON PROGRAM.—Not less often Connecticut can move me in there, I other provision of Federal, State, or local than once every 6 months, the Secretary, in would appreciate it. We have always al- law, a Federal flight deck officer may carry consultation with the Secretary of State, ternated between Republicans and a firearm in any State and from one State to shall report to Congress on the progress that Democrats. another State. the Secretary of State has made in imple- Mr. LIEBERMAN. We have Repub- ‘‘(3) CARRYING FIREARMS OUTSIDE UNITED menting international agreements to permit licans and Democrats running to- STATES.— Federal flight deck officers to carry firearms gether. It is a totally nonpartisan list. ‘‘(A) IN GENERAL.—When operating to, on board an aircraft operating within the ju- from, or within the jurisdiction of a foreign risdiction of a foreign country. Mr. ALLARD. All right. I was set up government where an agreement allowing a to speak at 2 o’clock, and then we had ‘‘(2) REPORT ON TRAINING.—Not later than Federal flight deck officer to carry or pos- 90 days after the date of enactment of the the vote at 2 o’clock. sess a firearm is not in effect, a Federal Mr. LIEBERMAN. There was no order Improving America’s Security Act of 2007, flight deck officer shall be designated as a the Secretary shall report to Congress on the for the Senator from Colorado to Federal air marshal for the purposes of com- issues raised with respect to training in De- speak. How much time would the Sen- plying with international weapons carriage partment of Homeland Security Office of In- ator like? regulations and existing agreements with spector General report OIG-07-14 that in- Mr. ALLARD. Mr. President, 10 min- foreign governments. Nothing in this para- cludes proposals to address the issues raised graph shall be construed to allow Federal utes. Senator CORNYN and I want to en- in such report.’’. flight deck officers to receive any other ben- (f) CONFORMING AND OTHER AMENDMENTS.— gage in a colloquy, and then I have a efit of being so designated. few comments. We just need 10 min- Section 44921 of title 49, United States Code, ‘‘(B) REQUIREMENT TO NEGOTIATE AGREE- as amended by sections (c), (d), and (e), is utes. MENTS.—The Secretary of State shall nego- Mr. LIEBERMANN. Mr. President, I further amended— tiate agreements with foreign governments (1) by striking ‘‘Under Secretary’’ each as necessary to allow Federal flight deck of- amend the request for the Senator place it appears and inserting ‘‘Secretary’’; ficers to carry and possess firearms within from Colorado, Mr. ALLARD, to have 10 and the jurisdictions of such foreign govern- minutes after Senator SCHUMER’s 10 (2) by striking subparagraph (G) of sub- ments for protection of international flights minutes. section (b)(3). against hijackings or other terrorist acts. Mr. ALLARD. I thank the Senator. Any such agreements shall provide Federal Mr. BUNNING. Mr. President, this The ACTING PRESIDENT pro tem- flight deck officers the same rights and amendment makes changes in the im- pore. Is there objection to the request, privileges accorded Federal air marshals by plementation of the Federal Flight as modified? Without objection, it is so such foreign governments. Deck Officer Program, commonly re- ordered. ‘‘(4) DESCRIPTION OF AUTHORITY AND PROCE- ferred to as the Armed Pilot Program, Under the unanimous consent agree- DURES.—The authority of a Federal flight to require the Department of Homeland deck officer to carry a firearm shall be iden- ment, the Senator from Kentucky is Security to implement the package recognized. tical to such authority granted to any other Federal law enforcement officer under Fed- and program as Congress originally in- AMENDMENT NO. 334 TO AMENDMENT NO. 275 eral law. The operating procedures applica- tended. Mr. BUNNING. Mr. President, I call ble to a Federal flight deck officer relating Four years after Congress created up amendment No. 334 and ask for its to carrying such firearm shall be no more re- this program, the Department of immediate consideration. strictive than the restrictions for carrying a Homeland Security continues to drag The ACTING PRESIDENT pro tem- firearm that are generally imposed on any its heels on providing flight deck offi- pore. Is there objection to setting aside other Federal law enforcement officer who has statutory authority to carry a firearm. cers, commonly known as FFDOs, or the pending amendment? Without ob- armed pilots, with the necessary tools jection, it is so ordered. The clerk will ‘‘(5) LOCKED DEVICES.— ‘‘(A) NO REQUIREMENT TO USE.—A Federal to prevent another September 11-type report the amendment. flight deck officer may not be required to attack. The assistant legislative clerk read carry or transport a firearm in a locked bag, My amendment will ensure that all as follows: box, or container. armed pilots can truly act as a real de- The Senator from Kentucky [Mr. BUNNING] ‘‘(B) REQUIREMENT TO PROVIDE.—Upon re- fense against hijacking on commercial proposes an amendment numbered 334 to quest of a Federal flight deck officer, the amendment No. 275. Secretary shall provide a secure locking de- flights. This amendment would end the ridic- Mr. BUNNING. Mr. President, I ask vice or other appropriate container for stor- age of a firearm by the Federal flight deck ulous practice of forcing armed pilots unanimous consent that the reading of to carry their guns in lockboxes and the amendment be dispensed with. officer.’’. (c) DUE PROCESS.—Section 44921 of title 49, would allow them to carry the guns on The ACTING PRESIDENT pro tem- United States Code, is amended by adding at their body where the gun is easily pore. Without objection, it is so or- the end the follow new subsection: reachable and more discrete to carry. dered. ‘‘(l) DUE PROCESS.—Not later than 90 days The amendment is as follows: after the date of enactment of the Improving No other Federal law enforcement of- ficer is forced to carry a firearm in a (Purpose: To amend title 49, United States America’s Security Act of 2007, the Sec- Code, to modify the authorities relating to retary shall establish procedures for the ap- lockbox, and Federal law enforcement Federal flight deck officers) peal of adverse decisions or actions. Such officials agree that carriage on the procedures shall provide timely notice of the At the appropriate place, insert the fol- body of an officer is the best way for action or decision, including specific reasons law enforcement officials to carry a lowing: for the action or decision.’’. SEC. lll. FEDERAL FLIGHT DECK OFFICERS. (d) IDENTIFICATION AND SCREENING.—Sec- firearm to ensure that the threat can (a) IN GENERAL.—Section 44921(a) of title tion 44921 of title 49, United States Code, as be stopped in the safest way possible. 49, United States Code, is amended to read as amended by subsection (c), is further amend- In addition to putting more armed pi- follows: ed by adding at the end the following new lots in the skies, this amendment ‘‘(a) ESTABLISHMENT.—The Secretary of subsections: would also put armed pilots on inter- Homeland Security shall establish the Fed- ‘‘(m) CREDENTIALS.—The Secretary shall national flights. eral flight deck officer program to deputize issue to each Federal flight deck officer eligible pilots as Federal law enforcement of- standard Federal law enforcement creden- The current law for the Armed Pilot ficers to defend against acts of criminal vio- tials, including a distinctive metal badge, Program allows pilots on these flights, lence or air piracy. Such an officer shall be that are similar to the credentials issued to but so far the State Department has known as a ‘Federal flight deck officer’.’’. other Federal law enforcement officers. been slow on entering into negotiations

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.040 SWEST PsN: S07MRPT1 S2762 CONGRESSIONAL RECORD — SENATE March 7, 2007 with other countries to allow this to Next, I would like to offer two porated into the program required by para- occur. amendments to this bill, which I filed graph (1). My amendment requires the State in an attempt to strengthen certain (b) REGULATIONS.—Not later than 1 year Department to negotiate agreements provisions. The committee versions of after the date of the enactment of this Act, with other governments to get armed the bill make significant strides in sev- the Secretary, through the Transportation pilots on international flights. Over eral areas of security, including im- Security Administration, shall promulgate regulations to carry out the provisions of the last few years, many international proving truck security, and I offer a subsection (a). flights have been canceled because of modified version of No. 367 and the (c) FUNDING.—There are authorized to be terrorist threats. original, No. 366. Two amendments. appropriated to the Secretary to carry out This amendment will also allow The ACTING PRESIDENT pro tem- this section, $7,000,000 for each of fiscal years armed pilots to protect the flights of pore. Without objection, the clerk will 2008, 2009, and 2010, of which— U.S. airlines and free up air marshals report the amendments. (1) $3,000,000 per year may be used for so they can be put on targeted foreign The legislative clerk read as follows: equipment; and flights that we know terrorists are tar- The Senator from New York [Mr. SCHUMER] (2) $1,000,000 per year may be used for oper- geting. proposes amendment number 367, as modi- ations. This amendment also provides for the fied, and amendment number 366, en bloc, to AMENDMENT NO. 366 amendment No. 275. issuance of a metal badge for armed pi- (Purpose: To restrict the authority of the lots so they can easily be identified in Mr. SCHUMER. Mr. President, I ask Nuclear Regulatory Commission to issue a a crisis situation. unanimous consent that the reading of license authoring the export to a recipient It is important to make sure that the amendments be dispensed with. country of highly enriched uranium for these pilots have a means to identify The ACTING PRESIDENT pro tem- medical isotope production) themselves so that air marshals and pore. Without objection, it is so or- At the appropriate place, insert the fol- other passengers know who they are dered. lowing: The amendments (Nos. 367, as modi- and that they are lawfully carrying a SEC. ll. MEDICAL ISOTOPE PRODUCTION. fied, and 366) are as follows: firearm. Section 134 b. of the Atomic Energy Act of It also requires TSA to give armed AMENDMENT NO. 367, AS MODIFIED 1954 (42 U.S.C. 2160d(b)) is amended— pilots the same screening protocols On page 303, strike line 12 and all that fol- (1) in paragraph (1), by striking subpara- other Federal law enforcement officers lows through page 305, line 18, and insert the graph (D); have so that the terrorists cannot eas- following: (2) by striking paragraph (2); of Transportation, shall develop a program ily identify them at security check- (3) in paragraph (3), by striking ‘‘paragraph to facilitate the tracking of motor carrier (2)’’ and inserting ‘‘this section’’; points. shipments of high hazard materials, as de- Under current TSA requirements, all (4) in paragraph (4)— fined in this title, and to equip vehicles used (A) in subparagraph (A)(iv), by striking armed pilots must be screened publicly in such shipments with technology that pro- ‘‘cost differential in medical isotope produc- in plain view of everyone at the secu- vides— tion in the reactors and target processing fa- rity checkpoint, as opposed to Federal (A) frequent or continuous communica- cilities if the products’’ and inserting ‘‘cost law enforcement officers who are tions; differential of radiopharmaceuticals to pa- screened behind closed doors. (B) vehicle position location and tracking tients if the radiopharmaceuticals’’; and Finally, this amendment would give capabilities; and (B) by striking subparagraph (B) and in- (C) a feature that allows a driver of such pilots basic due process. It requires the serting the following: vehicles to broadcast an emergency message. ‘‘(B) FEASIBILITY.—For the purpose of this Department of Homeland Security to (2) CONSIDERATIONS.—In developing the establish procedures to give notice and subsection, the use of low enriched uranium program required by paragraph (1), the Sec- to produce medical isotopes shall be deter- appeal rights when making any deci- retary shall— mined to be feasible if it could be accom- sion against the pilots. Currently, the (A) consult with the Secretary of Trans- plished without a large percentage increase pilots have no recourse. portation to coordinate the program with in the cost of radiopharmaceuticals to pa- I believe these changes that update any ongoing or planned efforts for motor car- tients.’’; the law governing the Federal Flight rier or high hazardous materials tracking at (5) in paragraph (5), by striking Deck Officer Program are vital and are the Department of Transportation; ‘‘(4)(B)(iii)’’ and inserting ‘‘(4)(B)’’; (B) take into consideration the rec- needed to ensure that this voluntary (6) in paragraph (6), by striking ommendations and findings of the report on ‘‘(4)(B)(iii)’’ and inserting ‘‘(4)(B)’’; and program runs as it was intended to run the Hazardous Material Safety and Security and would encourage more pilots to (7) in paragraph (7), by striking ‘‘sub- Operation Field Test released by the Federal section’’ and inserting ‘‘section for highly enter into it. Motor Carrier Safety Administration on No- enriched uranium for medical isotope pro- I have spoken many times in the past vember 11, 2004; and duction’’. on the merits of this program and the (C) evaluate— need for it. It has saddened me that I (i) any new information related to the cost Mr. SCHUMER. Mr. President, I offer must once again be forced to ask TSA and benefits of deploying and utilizing track- the first amendment, No. 367, to make to start implementing this program as ing technology for motor carriers trans- the provision in the underlying com- porting high hazard materials not included mittee bill even stronger with a new it was originally intended. Once again, in the Hazardous Material Safety and Secu- we must be forcing TSA’s hand to get program to address trucks carrying rity Operation Field Test Report released by high-hazard materials. Every day there enough pilots armed to actually create the Federal Motor Carrier Safety Adminis- are trucks that carry high-HAZMAT a strong defense against terrorists in tration on November 11, 2004; the air. We currently have the oppor- (ii) the ability of tracking technology to materials. If a truck is hijacked by a tunity to speed this program up and resist tampering and disabling; terrorist, it could spell disaster. We force TSA to do what Congress in- (iii) the capability of tracking technology need to take action to prevent this tended by adopting my amendment. to collect, display, and store information re- from happening, and that is why my I urge my colleagues to join me in garding the movement of shipments of high amendment will create a system not hazard materials by commercial motor vehi- passing this amendment. only to track these high-hazard trucks cles; but to take action to stop a truck in its I thank the Chair. (iv) the appropriate range of contact inter- The ACTING PRESIDENT pro tem- vals between the tracking technology and a tracks by shutting down its engine if it pore. Under the previous order, the commercial motor vehicle transporting high strays off course. Senator from New York is recognized hazard materials; This has worked in other countries. for up to 5 minutes. (v) technology that allows the installation My amendment will require the De- AMENDMENTS NOS. 367, AS MODIFIED, AND 366 EN by a motor carrier of concealed electronic partment of Transportation and TSA BLOC, TO AMENDMENT NO. 275 devices on commercial motor vehicles that to work together to create a system to Mr. SCHUMER. Mr. President, I wish can be activated by law enforcement au- track these trucks, as well as respond to congratulate the managers of the thorities to disable the vehicle and alert accordingly if there is a problem. emergency response resources to locate and bill. We have made good progress on recover high hazard materials in the event of Every one of these trucks must submit this bill, something that has taken far loss or theft of such materials; and a predetermined route to the TSA. If a too long to accomplish since the Com- (vi) whether installation of the technology truck strays from its plan, and we will mission’s report. described in clause (v) should be incor- know this by tracking its movements,

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.042 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2763 which GSA allows, TSA is automati- We have long been aware that failure terrorist organization remains any- cally alerted and the system quickly to protect the integrity of the SSN has one’s guess. responds. enormous financial consequences for What we do know, however, is that As I said, we know a system such as the Government, the people, and the there are clear signs of when an iden- this can work. It has been implemented business community. We now know tity has been stolen. One obvious sign in other countries. Hazardous material that shortcomings in the SSN issuance is when multiple people are using the in trucks is one of the issues we have process can have far graver con- same Social Security number. By law, not dealt with sufficiently since 9/11. I sequences than previously imagined. every Social Security number has only look forward to the committee’s recep- The difficult lessons of September 11, one true owner. It follows, if 10 people tiveness to this amendment and to 2001 have taught us that SSA can no are using the same Social Security working with the chair and ranking longer afford to operate from a ‘‘busi- number, 9 of them are thieves: 9 of member to see if we can adopt this ness as usual’’ perspective. Whatever them have something to hide. amendment. This is an important step. the cost, whatever the sacrifice, we One common use of Social Security The second amendment I offer, No. must protect the number that has be- numbers is for reporting earnings. And 366, along with my colleague, Senator come our national identifier; the num- where are earnings reported? Earnings KYL, will restore export restrictions on ber that is the key to social, legal, and are reported to the Social Security Ad- highly enriched uranium to reduce financial assimilation in this country. ministration. That means that when risks of terrorists obtaining this mate- We recognize SSA alone cannot re- multiple people are reporting to the rial to make nuclear weapons. Highly solve the monumental issues sur- Social Security Administration using enriched uranium, HEU, can be used to rounding homeland security. Efforts to the same Social Security number, the make actual nuclear weapons, such as make our Nation safer will involve new Social Security Administration has in- that dropped on Hiroshima, not just or expanded initiatives by almost every formation in its possession relating to dirty bombs. segment of our population, including the crime of identity theft. Until 2005, U.S. law restricted exports State and local governments, private What does the Social Security Ad- of bomb-grade uranium. However, this industry, nongovernmental organiza- ministration do? Absolutely nothing. It antiterrorism policy was undercut by tions, and citizens. However, we also is prohibited from sharing their infor- an ill-considered amendment to the recognize that, in endeavoring to pro- mation with others in our own Federal Energy Policy Act that eliminated tect our homeland, no Government sys- Government, such as the Secretary of these restrictions. By increasing the tem or policy should be ignored. As Homeland Security. amount of HEU in circulation around such, SSA, as a Federal agency and I believe it is an example of what the the world, the Energy bill created an public servant, must resolve to review 9/11 Commission described as, and I unacceptable risk by heightening the its systems and processes for opportu- quote from the Commission: possibility that weapons-grade ura- nities to prevent the possibility that The pervasive problem of managing and nium could be lost or stolen and fall anyone might commit or camouflage sharing information across a large and un- into the hands of terrorists with known criminal activities against the United wieldy government that had been built in a nuclear ambitions. What made this lan- States. We believe SSN integrity is a different era to confront different dangers. guage so astonishing is that it created link in our homeland security goal In January of this year, a bipartisan much more risk without absolutely that must be strengthened. group of Senators and I met with Sec- any reward by claiming to fix a prob- The 9/11 Commission went on to note: retary Chertoff on this very issue. Sec- lem that didn’t exist. ‘‘ . . . all but one of the 9/11 hijackers retary Chertoff explained that, under The reality of this situation is that acquired some form of U.S. identifica- current law, Government agencies are terrorists don’t care if the weapons- tion document, some by fraud.’’ prevented from sharing information grade uranium they try to get their I have here an inspector general’s re- with one another that, if shared, could hands on was meant for medical or port, inspector general for the Social expose cases of identity theft. military use. We know all they care Security Administration, and he is My amendment tears down the wall about is how they can use it to attack talking about the integrity of the So- that prevents the sharing of existing our Nation and our way of life. If we cial Security number. He says an im- information among Government agen- have learned anything since September portant link in homeland security is cies and permits the Commissioner of 11, it is we must take every step to en- the Social Security number. To specifi- Social Security to share information sure terrorists can never lay their cally quote him, he says: with the Secretary of Homeland Secu- rity where such information is likely hands on the materials they would The difficult lessons of September 11, 2001, need to launch an attack of mass de- has taught us that the Social Security Ad- to assist in discovering identity theft, struction against the United States. ministration can no longer afford to operate Social Security number misuse or vio- I urge my colleagues to support both from a business-as-usual perspective. What- lations of immigration law. these amendments. I hope we can work ever the cost, whatever the sacrifice, we Specifically, it requires the Commis- with the committee to get them ac- must protect the number that has become sioner to inform the Secretary of cepted. our national identifier, the number that is Homeland Security upon discovery of a Mr. President, with that, in deference the key to social, legal, and financial assimi- Social Security account number being to my colleagues, I yield the remainder lation in this country. used with multiple names or where an of my time. He went on to say in his report: individual has more than one person The ACTING PRESIDENT pro tem- We believe the Social Security number in- reporting earnings for him or her dur- pore. Under the previous order, the tegrity is a link in our homeland security ing a single tax year. Senator from Colorado is recognized goal that must be strengthened. It seems logical that we would al- for up to 10 minutes. For every case of identity theft, ready be doing this, but we are not. In AMENDMENT NO. 272 there is a thief. We have to ask our- the meantime, we are effectively ena- Mr. ALLARD. Mr. President, I rise selves: Why would someone want to bling thieves to continue to perpetrate today to speak in support of my steal somebody else’s identity? After the crime of identity theft. amendment No. 272 to the Improving all, every person has an identity of In addition to the national security America’s Security Act, and I believe their own. Why would somebody be so implications, for every case of identity it will do that, improve America’s se- dissatisfied with their own identity theft there is an innocent victim. curity. that they deem it necessary to steal Innocent victims like Connecticut We have a rampant problem of iden- from another? The answer to that ques- resident John Harrison who had his ac- tity theft in this country. Identity tion is simple: They have something to tive duty military ID and Social Secu- theft not only affects innocent victims, hide. For many, the fact they are try- rity number stolen. The thief ran up an it poses a security threat to our coun- ing to hide is that they are in this over $260,000 debt and opened 61 credit try. As the 9/11 Commission put it: country illegally. Whether someone is or bank accounts in the victim’s name. ‘‘Fraud in identification documents is here illegally in pursuit of work or to Meanwhile the victim lost his job and no longer just a problem of theft.’’ carry out the work of an international the military decreased his retirement

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.044 SWEST PsN: S07MRPT1 S2764 CONGRESSIONAL RECORD — SENATE March 7, 2007 pay because Phillips had run up a debt The retired individuals of this coun- the Social Security Administration owed to the U.S. Government. try are most dramatically affected in from sharing that information with Connecticut resident John Harrison this regard. Homeland Security. is not alone, In fact, for the seventh Mr. CORNYN. Mr. President, I ask I think it is a problem that needs to year in a row, with nearly 250,000 com- the Senator from Colorado whether he be corrected, and the sooner we can plaints, identity theft is the No. 1 com- is aware that the Federal Trade Com- correct that, the better. plaint received by the FTC from Con- mission has identified the top 10 States Mr. CORNYN. I thank the Senator, necticut residents. Likewise, for the where identity theft is the biggest and I support his amendment. State of Maine, 2006 marked the sev- problem and that they have ranked Ar- Mr. ALLARD. Mr. President, let me enth year in a row that identity theft izona as No. 1; and Nevada, the State summarize my comments by saying I complaints topped the Federal Trade represented by the majority leader; think it is important, in ensuring the Commission’s Annual ‘‘List of Top California; and Texas, No.4; and then security of this country, that we pass Consumer Complaints.’’ Colorado at No. 5. this amendment. Without the sharing Even my home State of Colorado is Is the Senator aware that the Fed- of that information between the var- no stranger to identity theft. With 4,535 eral Trade Commission has ranked ious agencies, it is going to be possible victims in 2005, we are ranked 5th in those States as the top five States for anybody who comes into this coun- identity theft—behind only Arizona, where identity theft is the biggest try illegally, terrorists especially, to Nevada, California, and Texas. problem. stay within this country and operate in For instance, an 84-year-old Grand Mr. ALLARD. I thank the Senator a way where they are not discovered. Junction woman was deemed ineligible from Texas for his question, and, yes, I We want to have law enforcement be- for Federal housing assistance because am very much aware of that. Those come aware of the presence of some- her Social Security number was being States are disproportionately affected body here illegally, particularly if they used at a variety of jobs in Denver, because of the overpopulation they are a terrorist. If their intention is to making her income too high to qualify. have within their boundaries. either destroy a building or to lay a Unfortunately, for the victims of Mr. CORNYN. Is the Senator from bomb out somewhere, they are a real identity theft, by the time the identity Colorado aware there are those who threat to this country. theft is discovered, the damage has al- will purchase bogus documents on the I urge my colleagues to join me in ready been done. Yet when the Social black market—basically for purposes supporting this amendment. The PRESIDING OFFICER (Mr. Security Administration has reason to of evading and breaking our immigra- SANDERS). The Senator from Massachu- believe that a Social Security number tion laws so they can purport to be setts is recognized for 10 minutes. is being used fraudulently, they are someone whom they are not—and (The remarks of Mr. KERRY are print- prevented from sharing it with the De- whether this, in his opinion, represents ed in today’s RECORD under ‘‘Morning partment of Homeland Security. With- a security risk to the United States. holding this information effectively en- Business.’’) Mr. ALLARD. That is one of the The PRESIDING OFFICER. The Sen- ables thieves to continue to perpetrate problems we are facing today and one the crime of identity theft against in- ator from Oregon. of the problems that Secretary Mr. WYDEN. Mr. President, I ask nocent victims. Chertoff of Homeland Security pointed By simply sharing information re- unanimous consent to set aside the out. It is vital that we be able to iden- lated to the fraudulent use of Social earlier unanimous consent request so I tify duplicate uses of Social Security Security numbers among Government can offer the Wyden-Bond amendment agencies, cases of identity theft could numbers because a number of the ter- at this time. be discovered much sooner. Victims of rorists that were here on 9/11, attack- The PRESIDING OFFICER. Without identity theft deserve to have this ex- ing this country, were here under objection, it is so ordered. isting information acted on, and my fraudulent IDs. It is an important as- AMENDMENT NO. 348 TO AMENDMENT NO. 275 amendment allows this. pect of law enforcement, and particu- Mr. WYDEN. Mr. President, I offer Senator CORNYN, who is on the floor larly homeland security, to be able to this amendment with the distinguished with me, was at the meeting where carry on their responsibilities. vice chairman of the Senate Select Secretary Chertoff explained the prob- Mr. CORNYN. Finally, Mr. President, Committee on Intelligence. I thank lems with the Social Security numbers I would like to ask the Senator wheth- him for the many hours he and his staff and DHS not being notified so that er this isn’t exactly the kind of stove- have put in, working with me on this they could take law enforcement ac- pipe or wall that the 9/11 Commission amendment. tions against such acts as a terrorist talked about when it comes to informa- The purpose of the legislation before threat. tion sharing between law enforcement the Senate today is straightforward: to I wonder if Senator CORNYN would and intelligence agencies. Isn’t this ex- apply what has been learned from one give me his impression. actly the same kind of information of the greatest tragedies in American Mr. CORNYN. Mr. President, will the sharing they found so important to life in order to better protect the Senator yield for a question? protecting the security of our Nation? American people in the days ahead. Mr. ALLARD. I will be glad to yield. Mr. ALLARD. Well, it is the very One of the tragic lessons of 9/11 is what Mr. CORNYN. Would the Senator thing the 9/11 Commission was pointing we do not know can hurt us, and hurt from Colorado tell us what portion of out that is a problem with protecting us badly. the population is sort of disproportion- the citizens of this country, the Because of the outstanding work of ately affected by this identity theft, stovepiping of information among the the 9/11 Commission, extensive infor- particularly when it involves Social various agencies and where there is no mation about what went wrong has Security numbers? passing of information back and forth. been made public. The national secu- Mr. ALLARD. A large portion of the This is a classic example where one rity community has learned from a population that is affected by the So- agency, in this case the Social Security number of its mistakes, and today is cial Security theft identification is the Administration, has a number, and taking concrete steps to make sure older population, those individuals on they know it is being used more than what happened on September 11, 2001, Social Security. The impact it is going once throughout the country, yet no- does not happen again. There has been to have on them is immediate in some body gets notified; it stays within the a variety of reports that have been cases because they are qualifying for a Social Security Administration. Even issued, critical to our understanding of certain amount of Social Security those law enforcement agencies within what happened that tragic day. The bi- based on the income that may be com- Homeland Security cannot get that in- partisan 2002 Joint Congressional In- ing. If somebody else is using their So- formation to act on it. quiry, on which I was privileged to cial Security number, that exceeds, Secretary Chertoff said an important serve, is one example, as well as the perhaps, what allowances they may part of being able to carry out our Department of Justice’s report on FBI have to qualify for the Social Security function to ensure the security of this accountability. benefits. If an individual has a job, country is to get that information. Yet There is one essential report that has then the effect is felt much later on. right now, the law explicitly prohibits remained classified. Nearly 2 years ago,

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.013 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2765 the CIA inspector general submitted a accountability. September 11, 2001, is appointed position or some form of report detailing CIA accountability in part of this country’s history. To hide service directly related to the security the runup to the 9/11 attacks. I am sure the truth from the American people is of our Nation, we should know we must that some may and will consider a unacceptable. expect to be held accountable for our number of the inspector general’s find- I urge the adoption of this amend- actions. When we serve the people and ings unsettling, perhaps embarrassing, ment. if we expect the rewards of doing good but the report is of high quality and it I see my friend from Missouri and deeds, just as surely we should face the is comprehensive. The CIA inspector thank him again for his patience dur- negative consequences of actions which general has provided this country with ing the many hours our staffs have do not turn out well. an important perspective on one of the been working on a bipartisan basis. In addition, the public, to the max- defining moments in American history, Mr. President, I ask unanimous con- imum extent possible consistent with and I believe the public has a right to sent to call up the amendment at this national security, should have made know what went wrong at the CIA, so time. available to it the findings and the con- we can make sure those mistakes are The PRESIDING OFFICER. Without clusions of the Government’s own not repeated. objection, the pending amendment is agencies with regard to accountability. I have spent more than a year work- set aside. As my colleague from Oregon has ing on a bipartisan basis with our The clerk will report. stated, in June of 2005 the Office of In- friend from Missouri, the previous The bill clerk read as follows: spector General of the Central Intel- chairman of the Senate Intelligence The Senator from Oregon Mr. [WYDEN], for ligence Agency published a report con- himself, Mr. BOND, and Mr. ROCKEFELLER, Committee, Senator ROBERTS, to make cerning the conduct of intelligence ac- proposes an amendment numbered 348 to tivities prior to September 11, 2001, and an unclassified version of this report amendment No. 275. available to the public. I have repeat- afterward. To this date, that report re- Mr. WYDEN. Mr. President, I ask mains classified. The amendment Sen- edly asked the intelligence community unanimous consent that reading of the to redact any sensitive national secu- ator WYDEN and I propose requires the amendment be dispensed with. CIA to make as much of that report rity information in the report’s execu- The PRESIDING OFFICER. Without tive summary so that it could be de- public as is possible, consistent with objection, it is so ordered. protecting the sensitive sources and classified. I have been joined in these The amendment is as follows: efforts, in addition to the assistance methods relating to our national secu- (Purpose: To require that a redacted version rity. Senator BOND has provided, by the cur- of the Executive Summary of the Office of The Senator from Oregon has re- rent chairman, Senator ROCKEFELLER. Inspector General Report on Central Intel- ferred to the 9/11 Commission, the joint I have already mentioned the help of ligence Agency Accountability Regarding congressional inquiry. Our Senate Se- Chairman ROBERTS for some substan- Findings and Conclusions of the Joint In- lect Committee on Intelligence spent 2 tial length of time. quiry into Intelligence Community Activi- Multiple CIA Directors, as well as the ties Before and After the Terrorist Attacks very intense years, 2003 and 2004, doing former Director of National Intel- of September 11, 2001 is made available to an extensive investigation of what the the public) ligence, regrettably have not been will- intelligence was, how it was formu- ing to cooperate. Why the leaders of At the appropriate place, insert the fol- lated, what the problems were, and we lowing: the CIA have been so reluctant to co- found that there were tremendous SEC. lll. AVAILABILITY OF THE EXECUTIVE holes in it. So much of what would be operate is not clear to me. Neither SUMMARY OF THE REPORT ON CEN- former Director Goss nor Director Hay- TRAL INTELLIGENCE AGENCY AC- found in the inspector general’s report den nor Ambassador Negroponte have COUNTABILITY REGARDING THE has already been stated. But I think to TERRORIST ATTACKS OF SEP- make the record clear and complete, so ever provided a valid reason for keep- TEMBER 11, 2001. ing the report, the entire report, classi- that we may ensure that all of the (a) PUBLIC AVAILABILITY.—Not later than agencies working on national intel- fied. In fact, there is no good reason 30 days after the date of the enactment of why the CIA cannot declassify this re- this Act, the Director of the Central Intel- ligence have the ability to learn from port. The executive summary is con- ligence Agency shall prepare and make the mistakes—and we in our role as the cise, and it contains little information available to the public a version of the Exec- oversight committee will use the infor- about CIA sources and methods. It utive Summary of the report entitled the mation in this report and on this floor, ‘‘Office of Inspector General Report on Cen- if need be—to point out how we can could be redacted and released quickly. tral Intelligence Agency Accountability Re- That information is in the interests of make our intelligence better. garding Findings and Conclusions of the In an age where the war on terrorism the American people. Joint Inquiry into Intelligence Community has been brought to us by radical Is- The amendment, the bipartisan Activities Before and After the Terrorist At- amendment we offer today, would re- tacks of September 11, 2001’’ issued in June lamic groups who continue to threaten quire the Director of the CIA to declas- 2005 that is declassified to the maximum ex- us, good intelligence is the only de- sify the executive summary of the in- tent possible, consistent with national secu- fense we have adequate to the threat spector general’s report on 9/11, remov- rity. we face. It is important that we get it (b) REPORT TO CONGRESS.—The Director of ing only that information which must right. the Central Intelligence Agency shall submit Now, it is not pleasant to air some of be redacted to protect this country’s to Congress a classified annex to the re- these mistakes. We all make mistakes, national security. The amendment re- dacted Executive Summary made available but we better learn from them or we quires the Director do this within 30 under subsection (a) that explains the reason are destined to commit them again. days. I think anyone who has read the that any redacted material in the Executive Summary was withheld from the public. I thank my colleague from Oregon. report would agree that this is more Mr. President, I ask unanimous con- than enough time. The PRESIDING OFFICER. The Sen- sent to temporarily set aside this I am pleased that the bipartisan lead- ator from Missouri. amendment so that I may offer a Mr. BOND. Mr. President, I thank my ership of the Senate Intelligence Com- Rockefeller-Bond amendment. mittee, Senator ROCKEFELLER and Sen- good friend from Oregon for his persist- The PRESIDING OFFICER. Without ator BOND, join me as cosponsors of the ence in pursuing something we both objection, it is so ordered. legislation. agree should and must be disclosed and AMENDMENT NO. 389 TO AMENDMENT NO. 275 The American people have a right to made public, to the extent it can con- Mr. BOND. I send to the desk an know what is in this report. Some of sistent with national security. Ac- amendment and ask for its immediate the findings may be unpleasant, others countability for one’s actions is some- consideration. may be a source of pride, but at the end thing most of us are taught from child- The PRESIDING OFFICER. The of the day the American people have a hood. It is rooted not only in religious clerk will report. right to know about how the Central teachings but also in the tenets of gov- The bill clerk read as follows: Intelligence Agency performed at a ernment at the Federal, State, and The Senator from Missouri [Mr. BOND], for critical moment in this country’s his- local levels. himself and Mr. ROCKEFELLER, proposes an tory. We need that information made For those of us in public service, amendment numbered 389 to amendment No. public so as to ensure that there is true whether we be in an elected capacity or 275.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.048 SWEST PsN: S07MRPT1 S2766 CONGRESSIONAL RECORD — SENATE March 7, 2007 Mr. BOND. Mr. President, I ask unan- (2) review and consider any other sugges- The D.C. Court of Appeals recently imous consent that reading of the tions, options, or recommendations for im- held in a 2–1 decision that people de- amendment be dispensed with. proving intelligence oversight; and tained at Guantanamo Bay do not have The amendment is as follows: (3) not later than December 21, 2007, submit constitutional rights under our Con- to the Senate a report that includes the rec- (Purpose: To provide the sense of the Senate stitution to petition for habeas. ommendations of the Committee, if any, for that the Committee on Homeland Security carrying out such reforms. Rasul was about 2241, section 2241 of and Governmental Affairs and the Select the U.S. Code, a congressional enact- Committee on Intelligence of the Senate Mr. BOND. Mr. President, I thank the ment that creates statutory habeas should submit a report on the rec- Chair, and I ask that the postponed rights. That statute has been amended ommendations of the 9/11 Commission with recognition of the distinguished Sen- in many different forms—restricting respect to intelligence reform and congres- ator from South Carolina now be insti- sional intelligence oversight reform) habeas, granting habeas, allowing tuted. I express my gratitude to him States appellate procedures At the appropriate place, insert the fol- for allowing us to go forward with the lowing: postconviction relief to be substitutes intervening amendment. SEC. ll. SENSE OF THE SENATE REGARDING A for habeas. REPORT ON THE 9/11 COMMISSION The PRESIDING OFFICER. The Sen- The Supreme Court said: Since Con- RECOMMENDATIONS WITH RESPECT ator from South Carolina. gress has not spoken as to whether de- TO INTELLIGENCE REFORM AND AMENDMENT NO. 286 CONGRESSIONAL INTELLIGENCE tainees at Guantanamo will be covered OVERSIGHT REFORM. Mr. GRAHAM. Mr. President, I would by 2241, we are going to allow a case to (a) FINDINGS.—Congress makes the fol- like to thank Senator LIEBERMAN for go forward under that statute until lowing findings: working me into the line here. What I Congress tells us otherwise. (1) The National Commission on Terrorist am rising to talk about is a very im- It was Justice O’Connor who was sug- Attacks Upon the United States (referred to portant issue for how we conduct this gesting to the Congress we need to in this section as the ‘‘9/11 Commission’’) speak. The administration at the time conducted a lengthy review of the facts and war, for how the law works in a time of circumstances relating to the terrorist at- war, for the values Americans would of the Rasul case had no infrastructure tacks of September 11, 2001, including those like to embrace when we are under in place to give due process to someone relating to the intelligence community, law siege as a nation, and try to give my who is accused of being an enemy com- enforcement agencies, and the role of con- explanation to what Senator SPECTER’s batant. Justice O’Connor, in another gressional oversight and resource allocation. amendment would do and why I oppose case—I don’t remember the name (2) In its final report, the 9/11 Commission it so vehemently. now—said: What you need to look at is found that— To give a little background and his- Army Regulation 190–1, which is a pro- (A) congressional oversight of the intel- cedure to guide military members how ligence activities of the United States is dys- tory of this issue, at least from my per- functional; spective—and I would ask every Sen- to determine who an enemy prisoner (B) under the rules of the Senate and the ator to look at this very closely be- may be from a civilian who is an inno- House of Representatives in effect at the cause this is a very important concept cent person involved in war. So what time the report was completed, the commit- we are talking about—the Guantanamo the military did, after the second Su- tees of Congress charged with oversight of military installation to house enemy preme Court case, was come up with a the intelligence activities lacked the power, combatants, people determined by our Combat Status Review Tribunal. Now influence, and sustained capability to meet military to be enemy prisoners of war the Combat Status Review Tribunal is the daunting challenges faced by the intel- the due process right given to sus- ligence community of the United States; out of uniform, meeting the Geneva (C) as long as such oversight is governed by Convention’s definition of an enemy pected enemy combatants. such rules of the Senate and the House of combatant—the administration chose To me, 9/11 was an act of war. It was Representatives, the people of the United Guantanamo as the jailing site. There also a crime, but it was an act of war. States will not get the security they want were prisoners there who brought ac- I believe the people housed at Guanta- and need; tions in our Federal court, arguing namo Bay are warriors, not common (D) a strong, stable, and capable congres- that their confinement needed to be re- criminals. They will be afforded the sional committee structure is needed to give due process rights of wartime law of the intelligence community of the United viewed by Federal courts. The adminis- tration took the position that Guanta- armed conflict, not domestic criminal States appropriate oversight, support, and law. leadership; and namo was outside the United States. What is the law of armed conflict (E) the reforms recommended by the 9/11 They lost. I think the administration Commission in its final report will not suc- when it comes to status? Article V of should have lost. To me, Guantanamo, the Geneva Convention says that if ceed if congressional oversight of the intel- because of the lease and the relation- ligence community in the United States is there is a question of status, the coun- ship the U.S. military has to that in- not changed. try which houses the person, is in (3) The 9/11 Commission recommended stallation, is clearly part of the infra- charge of the person, will conduct a structural changes to Congress to improve structure of the United States. competent tribunal. A ‘‘competent tri- the oversight of intelligence activities. The reason they made the argument bunal’’ all over the world is a military (4) Congress has enacted some of the rec- is it is a long-held concept in law that proceeding where the military of that ommendations made by the 9/11 Commission habeas rights do not apply to people and is considering implementing additional country will determine if the person in overseas, that our constitutional provi- front of them is a civilian, uniformed recommendations of the 9/11 Commission. sions granting to American citizens the (5) The Senate adopted Senate Resolution person, or enemy combatant. 445 in the 108th Congress to address some of right to bring a habeas petition when The Combat Status Review Tribunal the oversight recommendations of the 9/11 they are confined does not apply is well beyond the due process require- Commission by abolishing term limits for extraterritorially. The administration ment of the Geneva Conventions. What the members of the Select Committee on In- lost on the argument that Guantanamo happens at the Combat Status Review telligence, clarifying jurisdiction for intel- was outside the United States, and the Tribunal, first of all, is that the enemy ligence-related nominations, and stream- Federal court said: Okay, it is within suspect prisoner will go before a panel lining procedures for the referral of intel- the United States. of three military officers trained in ligence-related legislation, but other aspects What habeas rights would attach to of the 9/11 Commission recommendations re- who presents a military threat—an in- garding oversight have not been imple- someone at Guantanamo Bay? Here is telligence officer, a combat officer, and mented. where Senator SPECTER and I dramati- a legal officer. I think tomorrow or (b) SENSE OF THE SENATE.—It is the sense cally differ. Senator SPECTER reads the Friday, the 14 high-value detainees who of the Senate that the Committee on Home- Rasul case to say that someone con- have been in CIA custody will go land Security and Governmental Affairs and fined at Guantanamo who is a noncit- through this process. the Select Committee on Intelligence of the izen enemy combatant has a constitu- The question for this Congress is, Do Senate each, or jointly, should— tional right under our Constitution to (1) undertake a review of the recommenda- we want the military to make the ini- tions made in the final report of the 9/11 petition Federal courts, to have a dis- tial decision on who an enemy prisoner Commission with respect to intelligence re- trict court judge review their confine- is based on what a military threat is to form and congressional intelligence over- ment. I think that is completely our country and the expertise the mili- sight reform; wrong. tary has in determining if this person

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.050 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2767 is an enemy prisoner, enemy combat- talks about the information gained at It would be a monumental mistake to ant, or do we want to give that to a dis- Guantanamo Bay. allow a habeas petition to be filed, trict court judge who has absolutely no But here is what Justice Jackson where literally you could go to any training? said would be the real big mistake for court in the land and have a full-blown Enemy prisoners during World War II the Federal courts if you start grant- trial, calling people off the battlefield were not allowed to file habeas peti- ing habeas petitions and give enemy to make the case that this person was tions and come into our Federal courts prisoners a right to sue our own people an enemy prisoner and give that deci- and sue the military during a time of about their status in a time of war: sionmaking ability to a judge not war to be released. Chief Justice Jack- The writ, since it is held to be a matter of trained in who is a military threat to son said: Wait a minute. This is not our right, would be equally available to enemies our country and take it away from the job. We are not trained for this. If we during active hostilities as in the present military. allow enemy prisoners detained by our twilight between war and peace. Such trials would hamper the war effort and bring aid That is why I am so passionate about military during a time of war to have and comfort to the enemy. They would di- this issue. I do believe in due process at access to our Federal courts, Federal minish the prestige of our commanders, not a time of war. I have been a military judges are taking over a job the mili- only with enemies but with wavering lawyer for well over 20 years. I believe tary is trained for and we are not neutrals. It would be difficult to devise more our country should adhere to the Gene- trained for. effective fettering of a field commander than va Conventions, that we should be a Here is what Justice Jackson said in to allow the very enemies he is ordered to re- standard-bearer for what is right. But the Eisentrager case: duce to submission to call him to account in his own civil courts and divert his efforts we should not cripple our military’s We are cited to no instance where a court, and attention from the military offensive ability to defend us in a way that in this or any other country where the writ abroad to the legal defensive at home. Nor is makes absolutely no sense. is known, has issued it on behalf of an alien it unlikely that the result of such enemy li- enemy who, at no relevant time and in no We should not put Federal judges on tigiousness would be a conflict between judi- stage of his captivity, has been within its the frontlines in deciding who is a cial and military opinion highly comforting territorial jurisdiction. threat to this country, when the mili- to enemies of the United States. tary is trained to do that. Let the Nothing in the text of this Constitu- Was he prophetic? These 160 cases tion extends such a right nor does any- judges look over the military’s shoul- have created a nightmare for the mili- der and in a proper way, consistent thing in our statute. tary at Guantanamo Bay. Medical mal- So the Eisentrager case in 1950 clear- with their training. practice suits have been filed, $100 mil- Now, what is going to happen? The ly said habeas does not apply to enemy lion money-damage lawsuits have been prisoners. I cannot find the language— case is going to go to the Supreme filed. It has been a legal nightmare. Court soon. If I am wrong, I will take it talks about why it is a bad idea—but So what I am trying to persuade the the floor and say so. Senator SPECTER it is forthcoming. So as early as 1950, Congress to do is not grant in statute a has a belief there is a constitutional the courts rejected enemy prisoner pe- right never given to any other enemy right to habeas. I do not believe that. titions in the Federal court. prisoner during any other war, because But if the Court holds so, then I would Now, the question for Congress is, it is dangerous to do so. after 9/11—5 years later—do we as a What did we do to accommodate the be wrong. I would argue that the DC Congress want to confer onto people unique needs of this war, a war poten- Circuit Court of Appeals is an adequate classified by our military to be enemy tially without end? For the first time substitute for habeas, but that will be combatants a Federal court right never in the history of our country, we are up to the Court. known in the law of armed conflict at allowing Federal courts to review All I am asking is to allow the work any other time in our history? Do we whether a person has been properly product of last year that has gone be- want to be the first Congress in the classified as an enemy prisoner. Once fore the DC Circuit Court of Appeals history of the United States to take the military decides Shaikh Moham- that has been upheld to go through the away from our military the ability to med’s status Friday, the mastermind system. I will gladly sit down with determine who a military threat is and allegedly of 9/11, can you imagine 5 Senators SPECTER and LEVIN to see if make literally a Federal court trial out years after 9/11 the Congress would we can work on better due process of that decision? open up any Federal courtroom that a rights for people accused of being an There had been 160 habeas petitions lawyer could shop to find—whatever enemy combatant. I think we can do filed before we acted last year. Let me judge the lawyer could find in the that as a Congress without turning tell you, they have sued our own mili- country—and allow Shaikh Mohammed that decision over to Federal judges. It tary for everything imaginable: the to sue our own military about his sta- is a very dangerous thing we are pro- quality of the food, DVD access, not tus, creating a nightmare zoo court- posing to do, to take away from the enough exercise, judge-supervised in- room trial, bringing people from all military to determine who a threat is terrogation. Some of the people who over the world to determine his status, and to give it to a Federal judge. have brought these cases are accused of where the judge would have a say, not Finally, I would like to say: I know killing Americans in the most brutal the military? That would be a mistake this is a war without end. Two hun- way. of monumental proportions. dred-and-something people have been One of the lawyers, Mr. Michael What will happen is Shaikh Moham- released from Guantanamo Bay be- Ratner, who filed habeas petitions on med, in a classified setting, will have cause they get an annual review board behalf of enemy combatants held at evidence presented by the Government to look at their status anew. We do not Guantanamo Bay, publicly stated: to show he is an enemy combatant. He want to keep people who have been The litigation [for the United States]. . . . will have a chance to rebut that. When misidentified who are not a threat. But It’s huge. We have over one hundred lawyers his case has been decided, he will have we do not have the choice of ‘‘try them now from big and small firms working to an automatic right of appeal to the DC or let them go.’’ This is a war, and we represent these detainees. Every time an at- torney goes down there, it makes it that Circuit Court of Appeals, where the DC can keep warriors off the battlefield as much harder [for the U.S. military] to do Circuit Court of Appeals will look at long as they are a threat. When it what they’re doing. You can’t run an interro- the military decision in question and comes time to determine who should gation . . . with attorneys. What are they find out whether two things occurred. bear that risk, who should bear the going to do now that we’re getting court or- Were the due process rights given risk of letting someone go at Guanta- ders to get more lawyers down there? Shaikh Mohammed and other enemy namo Bay—the innocent civilian popu- It is clear that it does—according to combatant suspects consistent with lations of the world who have been a one of the lawyers representing detain- our own Constitution? Secondly, was victim of people out of uniform wreak- ees—make it very difficult for the mili- the evidence introduced sufficient to ing havoc or the people who started tary to do their job when it comes to support the finding he is an enemy this whole mess to begin with—if you intelligence gathering. I will have an combatant? are going to proportion risk, I think it unclassified summary to put into the That is the proper role for a judge. should fall on the people who created RECORD at the end of my time that That is what judges are trained to do. the problem to begin with.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.051 SWEST PsN: S07MRPT1 S2768 CONGRESSIONAL RECORD — SENATE March 7, 2007 Twelve people have been released to ask to be released. But in America, some of the information in that court- from Guantanamo Bay under the an- if you are an unlawful combatant, we room setting that had to be released nual review process of the 200-and- are giving you your day in Federal wound up in a cave in Afghanistan. I something. Twelve have gone back to court, after the military acts, which I will talk about that later. We are try- the battle. Three have been killed. So think is an accommodation for the fact ing to balance the need to be safe and you make mistakes both ways. I don’t that this war is different. It is not lost the obligations we have under the law want to hold one person down there upon this Senator this war is different. of armed conflict. I think we have who should not be held, but I don’t There will be no signing on the ‘‘Mis- struck a good balance. If I am wrong, want to let anybody go who is a threat souri.’’ I do not know when this war is the Supreme Court will tell me. Please, to our country because we are at war. going to end. I do not want an enemy just to my fellow Senators, let this Due process rights attach to people combatant decision to be a de facto life case go to the Supreme Court, see what in war, but we cannot criminalize what sentence without robust due process. they say, and we can fix it if we need has been an act of war beginning on But I do believe, if the choice is be- to. That is all I am asking. September 11, 2001. The people down tween letting them go or having them Mr. LIEBERMAN. Again, I thank my there will have their day in court. die in jail, if they are still a threat, let friend. So in furthering what this dis- They will have a chance to have a say them die in jail. cussion is about, it is whether non- about who they are and what the facts I do believe every enemy prisoner is American citizens seized in the war on are. But I do believe there are people not a war criminal, and the choice for terrorism and alleged to be enemy down at Guantanamo Bay who are war- the country is not ‘‘let them go or try combatants should have habeas corpus riors. If they ever got out, they would them.’’ Because that is a false choice in rights under our Constitution? try to kill us again. the law of armed conflict. It would not Mr. GRAHAM. I am the biggest advo- Mr. LIEBERMAN. Mr. President, will serve us well to say that every Amer- cate that an American citizen such as my friend from South Carolina yield ican captured in the next war is a war Mr. Padilla should be tried in Federal for a question? criminal because they are performing court. The man who was caught work- Mr. GRAHAM. Yes, sir. their duties. You only confer war ing with the Taliban in Afghanistan Mr. LIEBERMAN. I appreciate the criminal status on someone who goes was in Federal court. Moussaoui was in Senator’s remarks. I know the Senator outside the law of armed conflict. So Federal court because we didn’t have from South Carolina has a background we are making some decisions for the the Military Commissions Act. An in military law, so he speaks with some ages. American citizen will be tried in Fed- authority on these questions. I am all for due process. I am all for eral court with all the rights of an What interests me in this discussion scrutiny and transparency because I American citizen available to them. is the rights of citizens as opposed to want my country to win the war not Mr. LIEBERMAN. Let me ask this noncitizens. I wanted to ask my friend, changing whom we are. But I do not final question. This is the part of this first, am I right that you are not argu- want us to fundamentally change the discussion that I struggle with, which ing against the principle that an Amer- relationship between the military and is what is the appropriate status in the ican citizen, even one alleged to be an military threats. Our judges have a context in which we are talking about enemy combatant, does have habeas role to play. The Congress has a role to permanent lawful residents of the corpus rights? play. The military has a role to play. United States. Mr. GRAHAM. The Senator is abso- Keep everybody in their lanes, and this In other words, if I understand what lutely right; any American citizen. The will work. the Military Commissions Act—again, Padilla case is the best example you Mr. LIEBERMAN. I thank my friend. correct me if I am wrong—says, is that could give. Padilla was charged as an So I take his answer to say also—cor- a permanent, lawful resident of the enemy combatant, a U.S. citizen. It is rect me if I am wrong—that the exist- United States who is apprehended as true American citizens in the past have ing statute, including the MCA—which part of the war on terrorism and al- been held indefinitely as enemy com- is the subject of the lawsuits we have leged to be an enemy combatant does batants. But I do believe they should been describing that are pending—the not have a right of habeas, or a right to have access to our courts as a member existing statute does not alter the have a case heard in Federal court. of citizenship. And they would have a right of American citizens who are al- That concerns me. This is what I want constitutional right to seek relief from leged to be enemy combatants to use to ask my friend from South Carolina a Federal judge to determine whether habeas corpus rights? who has had experience with this to the military or law enforcement offi- Mr. GRAHAM. The Senator is correct clarify, as to whether that may be—if I cers make that decision. We are talk- in two fashions. It says no military can use the term a ‘‘denial’’ of equal ing about people in the same status as commission can try an American cit- protection—to say a permanent, lawful the Germans and the Japanese. There izen. A military commission at Guan- resident of the United States cannot was a reason the thousands of enemy tanamo Bay cannot, as a matter of law, have the same rights in these cases prisoners housed in the United States try an American citizen, even if they that a citizen of the United States has. never had access to our Federal courts. are an enemy combatant. Someone Mr. GRAHAM. Well, that is a very It is what Justice Jackson was saying. from America could join al-Qaida, but good question, and I think that is The Federal judiciary would make a they are going to be tried in our Fed- something we actually need to sit down mockery of the military’s ability to eral courts if they are caught. and look at, that situation where you run the war if you turned every mili- What we are trying to do is have a are not a citizen, but you are here on a tary decision into a Federal court trial military commission consistent with legal status. I would be, quite frankly, as to who an enemy prisoner is. Justice the Uniformed Code of Military Justice very comfortable to clarify that, if Jackson, in the most eloquent fashion, to try people. The difference between anyone ever finds themselves in that told us what could come if you con- now and Nuremberg, I say to the Sen- category, to say, no, you are going to ferred these rights on enemy prisoners. ator, is the war is still ongoing. The have all the rights of an American cit- Here is what is odd. If I am a lawful reason we are not going to release all izen. combatant, if I am captured tomorrow the information as to why Shaikh Mo- What I am trying to do is make sure as a member of the uniformed services hammed is an enemy combatant is be- that we don’t change 200 years of his- of the United States, I do not have any cause that is very sensitive informa- tory. The people who assassinated rights under the Geneva Conventions tion. We will give a summary to the President Lincoln, within 30 days they to go to the host country’s judiciary. public. And the courts will get to re- were caught, tried, and executed in a We are creating, for unlawful combat- view that decision in full in a classified military commission format. We have ants, enemy combatants, a right great- setting. But I cannot stress to you had American civilians tried in mili- er than someone who is captured as a enough we are at war. tary commissions in times of war, but lawful combatant. The last time we had a Federal trial they were reviewed by our Federal Under the Geneva Conventions, there where somebody tried to blow up the courts. Some of the German saboteurs is no right to go to a court in any land World Trade Center in the early 1990s, who landed during World War II, I

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.053 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2769 think one or two of them actually were Mr. SPECTER. Well, I hadn’t been should be given to detainees at Guanta- American citizens who left to go back until a few days ago. But this is the namo Bay. Once Rasul was decided and to Germany to aid the enemy. They got Deputy Secretary of Defense, Paul the Government lost, that it was out- tried by military commissions, and the Wolfowitz, in a memorandum dated side the jurisdiction of the United Supreme Court reviewed their case. July 7, 2004, to the Secretary of the States, the Rasul case said: Until Con- What I am saying is that an enemy Navy. gress acts, you will have a habeas prisoner, a noncitizen, since time The Senator from South Carolina right. The administration has come to began in our country and in every made the argument that the judges me and other Members of this body other country, has been treated under were not appropriate to make deter- since that decision and has been beg- the law of armed conflict, not domestic minations of reviewing the orders or ging us to address 2241. The Supreme statutes. That is a distinction of great the conclusions of the Combat Status Court, in three separate decisions, has significance, and we don’t need—the Review Tribunal. How would the Sen- said Congress needs to get involved. due process rights these enemy com- ator from South Carolina account for The administration’s theory was, there batants, noncitizens, have are greater the acquiescence by the— is no room for Congress in the courts. than the Geneva Conventions require, Mr. GRAHAM. I have been told that Here is where the Senator and I have and every enemy combatant had their the order the Senator is talking about been partners. I have always believed day in Federal court but in a way con- was implemented in the Rasul decision, the executive branch has to collaborate sistent with what judges are trained to and it would be a correct statement of with the Congress, and they have been do. Mr. Wolfowitz to make. hard-headed about this and they wound I don’t believe it is in our national Rasul said that habeas rights attached to up losing in court. They lost on wheth- interests during ongoing hostilities to Guantanamo Bay detainees until Congress er it was outside the United States. take away from the military the abil- says otherwise, and that is the difference we Once the court ruled 2241 applied, the ity to classify who they believe to be a have. I read Rasul to say, since Congress DOD had no other choice but to tell threat, what status that person has ac- hasn’t spoken under 2241, Guantanamo Bay people: This is a statutory right. They is within U.S. jurisdiction and the statute were telling people at Guantanamo quired based on their activities. I do would apply to anybody held at Guantanamo believe the courts can look at every Bay. It is not an overseas location. Until Bay: This is your statutory right. They case and see: Was due process afforded? Congress speaks, under 2241 you will have were coming to me and other Senators Did the evidence support the finding? the right. saying: Please change 2241 because it is That, to me, is the magic combination, Congress has spoken. We spoke last hampering the war effort. and habeas destroys that combination. year. We took 2241 and changed it. We That is exactly where we find our- Mr. LIEBERMAN. I thank the Sen- excluded noncitizens and any prisoners selves. We took the input of the admin- ator from South Carolina. This, to me, from the habeas rights under 2241 and, istration, we voted last year, we has been a very helpful exchange. I quite honestly, that issue has gone to stripped habeas from 2241 where dis- would like to continue the discussion the D.C. Circuit Court of Appeals, and trict court judges could make military on the distinct question of what the we won last week. decisions, and we are replaced in the habeas rights of permanent lawful resi- Mr. SPECTER. Well, the question appeals process where Federal courts dents of the United States should be. about the Department of Defense do look at what the military does after Mr. GRAHAM. It is a great area to agreeing to allow habeas corpus rights they have decided. I think not only did discuss. I thank the Senator. I yield was not taken up by the Circuit Court the D.C. Circuit Court of Appeals up- the floor. for the District of Columbia and the hold that as a proper thing to do but Mr. LIEBERMAN. I thank the Chair, Detainee Treatment Act. Congress the Supreme Court will also. and I yield the floor. gave the Department of Defense the So my belief is that it was our deci- Mr. SPECTER. Mr. President, I ask right to establish the rules, and that is sion as Congress as to whether to give my colleague from South Carolina if he one of the rules. Wait a minute. The these enemy prisoners habeas rights, would be willing to respond to a few question hasn’t come yet. unlike any other war. We decided with questions. Mr. GRAHAM. OK. Rasul we didn’t want to do that. I Mr. GRAHAM. I would be honored to Mr. SPECTER. Is it fair to change think it is the best decision we have respond to my friend from Pennsyl- the rules in the middle of the process ever made. If you had asked this Con- vania. after the Department of Defense has gress on September 30, 2001: Would you Mr. SPECTER. I will begin with the stated that they think it is appropriate want to create a Federal court action subject matter brought up by the Sen- for a Federal court—they specifically for any al-Qaida member caught to go ator from Connecticut about the status talk about courts of the United into Federal court and bring lawsuits of aliens. I would note that in the States—to make a determination under against our own troops alleging not Rasul case, the Supreme Court, Justice habeas corpus to see if the definition enough exercise, bad DVD access, you Stevens speaking for a majority, an- which they set for enemy combatants name it, we would have said no. That swered this categorically: has been followed. They have specified would have been crazy. Why would we Aliens held at the base, like American citi- that there has to be evidence. To the want to give this group of people who zens, are entitled to invoke the Federal definition of what or who is an enemy are trying to kill us all rights that we courts’ section 2241 authority— combatant: didn’t give the Japanese and the Nazis Which is the habeas corpus statute. who were trying to kill us all? An individual who was part of or sup- So now we find ourselves in Congress So the court has dealt with that con- porting the Taliban or al-Qaida forces, or as- clusively in Rasul much the same way sociated forces that are engaged in hos- filling in the gap that the court found. that Justice O’Connor did speaking for tilities against the United States or its coa- The Congress has spoken. We told the plurality in an earlier case. lition partners. This includes any person who courts, D.C. Circuit Court of Appeals: Addressing the question to the Sen- has committed a belligerent act or has di- No habeas rights under 2241. We sub- rectly supported hostilities in aid of enemy stituted another procedure that I think ator from South Carolina, earlier today armed forces. I noted the order establishing Combat makes sense, and the court found out Status Review Tribunals, and it pro- Now, the Department of Defense who that we did it in a constitutional man- vided that: promulgated this order concluded that ner, and I think we are going to win at it was within the purview of the Fed- the Supreme Court. All detainees shall be notified— eral courts, and that is really a judicial But having said that, if there are Leaving out some irrelevant mate- function to determine whether the defi- other ways to improve due process rial— nition for enemy combatant has been where the Congress can make this of the right to seek a writ of habeas corpus achieved, isn’t it? CSRT process better, count me in. But in the courts of the United States. Mr. GRAHAM. If I may respond, I I am not going to sit on the sidelines Is the Senator familiar with that pro- think it is not remotely fair to say and watch the Federal courts do some- vision? that the Department of Defense has thing they are not trained to do before Mr. GRAHAM. No, sir, I am not. conceded that habeas corpus rights Congress blesses it. If the Senator is

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.056 SWEST PsN: S07MRPT1 S2770 CONGRESSIONAL RECORD — SENATE March 7, 2007 right that the Supreme Court says right. Let me move on quickly to a case, that will go to court. If you think apart from 2241 an enemy prisoner, couple of other points. something happened in the CSRT that noncitizen, has a constitutional right As to the adequacy of proceedings in is laughable, then the Federal court is to habeas, then I would be wrong. I the combat status review tribunals, going to get to look at every case. I would argue that our procedures under you have the case involving In re: can assure you and every other Amer- the D.C. Circuit Court of Appeals meth- Guantanamo, which I cited this morn- ican that every decision made by the od of going to challenge the military is ing, where Judge Green dealt with the military on Guantanamo Bay will work an adequate substitute. But I am firm- precise case in the District of Columbia its way to the Federal court, and our ly convinced that our courts are going Circuit Court, the Boumediene case, judges will look at the record and the to say there is no constitutional right which had a procedure where the de- process, and they will tell us in indi- for these prisoners, like there was none tainee was charged with talking to vidual cases and as a group whether for Japanese and German prisoners, somebody who was from al-Qaida, and this works. Give them a chance to do and that Congress has made a good de- he asked who it was and they could not it. cision to take the Federal courts and identify the person. There was laughter With that, I have to leave. put them behind the military, not in in the courtroom, and Judge Green said Mr. SPECTER. One last question. I front of the military. it is understandable that there was still take that to be a ‘‘no.’’ It was not Mr. SPECTER. Well, if I may re- laughter in the courtroom because a complex question. Do you think it is spond, when the Supreme Court said nothing had been established. fair where the Department of Defense Congress should act, they were saying I ask a very simple, direct question, sets the rules, contrary to your asser- that Congress should legislate on how a and maybe you can even answer it yes tion, that they think Federal judges military commission should be tried. or no. Was that a fair proceeding? can decide whether the evidence estab- But moving to your argument about Mr. GRAHAM. I can tell you that the lishes the standard for an enemy com- the issue of constitutional right, how Court will soon tell us. If I can give batant, do you think it is as fair under could it be that if the Constitution you what I think is the right answer, American justice to have a presump- says that the right of habeas corpus the combat status review tribunal, as tion of guilt? can be suspended only in the event of to whether they provided adequate due Mr. GRAHAM. No. This is an admin- invasion or insurrection? How can it be process is on appeal now to the Su- istrative hearing. The enemy combat- argued that there is no constitutional preme Court. The Supreme Court will ant status determination is not a right? soon tell us not just about war crimes criminal decision. It is, in an armed That is the argument that the Attor- legislation but about the CSRT provi- conflict, an administrative decision ney General made in the Judiciary sions and whether they are constitu- where the procedure is set up. I will get Committee hearing. Where the Con- tional. you the regulation and we will intro- stitution explicitly says the constitu- I argue we are going to win on that duce it, but it is article 5 on steroids. It tional right of habeas corpus can be one because 190–1 of the Army manual has presumptions, rebuttable presump- suspended only in invasion or insurrec- was the model that set up the combat tions, and you have an annual review tion, and no one says that either of status review tribunal. What right does board on what should be determined to those factors is present here, isn’t that a person have under the Geneva Con- be a enemy combatant. You have a new a flat-out statement that there is a ventions, in a time of war, when it hearing every year on whether new evi- constitutional right? comes to the question of status? Arti- dence came in, whether you are still a Mr. GRAHAM. All I can tell my col- cle 5 says competent tribunals—and all threat to the country, and whether you league is that issue went up to the D.C. over the world that competent tribunal have intelligence value. Two hundred Circuit Court of Appeals 2 weeks ago is not a Federal judge or the equivalent people have been released at Guanta- and they said just as clearly as you can in another country, it is a military tri- namo Bay because they have gone say it that there is no constitutional bunal. If the Court rules the combat through the process and the military right for a noncitizen enemy prisoner status review tribunal doesn’t afford determined they are no longer a threat. classified as such by our military dur- due process, I will sit down with you Twelve of the two hundred have gone ing hostilities to come into our Federal and others to make it comply to the back to killing Americans. courts. Just like Justice Jackson said Court’s decision. I have no desire to There is no perfect system. We are in 1950, that would be a disaster. I just take somebody from any part of the trying to be fair. God knows we want can’t believe any Federal court is going world and put them at Guantanamo to be fair, but I tell you what, in close to say that Sheikh Mohammed, the Bay if they should not be there. That calls between letting someone go who mastermind of 9/11, who is an al-Qaida doesn’t make America better or strong- the military thinks is a member of al- member, gets more rights than the er. I do believe, contrary to the laugh- Qaida and killing other Americans and Nazis. I just don’t believe they are ter in the courtroom, that the people innocent people, I am going to make going to do that. If I am wrong, I will best able to determine whether an sure they stay in jail and let the judges come to the floor of the Senate and say enemy prisoner is a threat to our coun- determine if we have done it fairly. I I am wrong. But I think I am right. try or, in fact, an enemy prisoner is not will not sit on the sidelines and open The D.C. Circuit Court of Appeals some circuit judge or district court the gates to people who have been agrees with me, and I believe we are judge anywhere in America who was caught in the process of aiding the going to win at the Supreme Court, if never trained in this, but military offi- enemy or becoming the enemy just be- we can let these judges look at some- cers who are trained in making those cause we are trying to create new rules thing without changing it every 30 decisions. They are the ones I trust. for this war that we have never had in days. They have done it in every other war; any other war because some people Let’s give this a shot and see what they should do it in this war. I am will- don’t like Bush. Bush made a lot of happens. We will know soon. I apolo- ing to have their work product looked mistakes, but this war is going to go gize, but I have to go. at by the Federal courts, and that is on long after Bush is gone. Mr. SPECTER. Wait just a minute. going on right now. We will soon know If you let these people out of jail, at Make your answers a little more re- the answer to that question. Are least 12 of them are going to come back sponsive and brief, and I won’t keep CSRTs constitutional? If not, we will and kill you. you too long. I will keep you just a few fix them. With that, I must leave. We will con- more minutes. I hate to leave. I have enjoyed this tinue the debate. The Court of Appeals for the District debate. Mr. SPECTER. Let me say, in con- of Columbia said that the Supreme Mr. SPECTER. I have one more clusion, that bombast and oratory and Court, speaking explicitly through Jus- thing. I take your last extended state- repetition cannot undercut a few very tice Stevens, only dealt with a holding ment to be a ‘‘no,’’ am I right? basic facts. One is that the Department on the statute. Mr. GRAHAM. I believe they will be of Defense established a rule to give They classified it as dictum when constitutional. If you think there has Guantanamo detainees the right of ha- they said there was a constitutional been a miscarriage of justice in any beas corpus. They set out a standard as

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.057 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2771 to what would constitute being an uals a chance to contest the legality of their ability, accuracy, and credibility. Restoring enemy combatant. These are rules, detention. It has a long pedigree in Anglo habeas corpus will help ensure that we are when they call for evidence, that Saxon jurisprudence, dating back to 13th detaining the right people and showcase to Century England when it established the the world our respect for the rule of law and judges are equipped to decide. When principle that even Kings are bound by the the values that distinguish America from there is a rebuttable presumption of rule of law. Our Founding Fathers enshrined our enemies. guilt, undercutting the basic principle the writ in the Constitution, describing it as We hope that Congress will act quickly to of America, the presumption of inno- one of the essential components of a free na- pass this legislation. cence, that is basically unfair. tion. Sincerely, When you talk about the decision by In discarding habeas corpus, we are jetti- REAR ADMIRAL DON GUTER, the Court of Appeals for the District of soning one of the core principles of our na- USN (RET.) Columbia, where they limited the Su- tion precisely when we should be showcasing REAR ADMIRAL JOHN D. to the world our respect for the rule of law HUTSON, USN (RET.) preme Court opinion to a narrow hold- and basic rights. These are the characteris- BRIGADIER GENERAL DAVID ing on the statute, although the court tics that make our nation great. These are M. BRAHMS, USMC (RET.) then went on to say there was a con- the values our men and women in uniform BRIGADIER GENERAL JAMES stitutional right, that will not pass are fighting to preserve. P. CULLEN, USA (RET.). muster when it comes back to the Su- Abiding by these principles is critical to Mr. SPECTER. I yield the floor. preme Court. It is fallacious to the ut- defeating terrorist enemies. The U.S. Army’s The PRESIDING OFFICER (Mrs. most to argue that there is no con- Counterinsurgency Manual, which outlines our strategy against non-traditional foes MCCASKILL). The Senator from New stitutional right to habeas corpus, like al Qaeda, makes clear that victory de- Hampshire. when the Constitution explicitly says pends on building the support of local popu- Mr. SUNUNU. Madam President, I the right of habeas corpus may be sus- lations where our enemies operate through rise to speak for a few minutes on the pended only in time of invasion or re- the legitimate exercise of our power. The topic that was being covered by Sen- bellion. It simply cannot be contended Manual states: ‘‘Respect for preexisting and ators SPECTER, GRAHAM, LIEBERMAN, rationally that there is no constitu- impersonal legal rules can provide the key to and others, and that is the right of de- tional right to habeas corpus. gaining widespread and enduring societal tainees—in particular, detainees at I am as concerned as the Senator support. . . . Illegitimate actions,’’ including Guantanamo Bay—to petition the ‘‘unlawful detention, torture, and punish- from South Carolina about protecting ment without trial . . . are self-defeating, court system through what we refer to America. I led the fight to reauthorize even against insurgents who conceal them- as habeas corpus and question the spe- the PATRIOT Act. But the question is, selves amid non-combatants and flout the cific details that have led to their con- is there some reason to hold the de- law.’’ Our enemies have used our detention finement, to their definition or status tainees? In the case that went to the of prisoners without trial or access to courts as an enemy combatant. District of Columbia Circuit Court of to undermine the legitimacy of our actions This is an important issue. Naturally Appeals, you had the District Court and to build support for their despicable people get excited when they are debat- cause. ing this issue. Senator GRAHAM is no looking at the information—it wasn’t It is certainly true that prisoners of war evidence—which was that the detainee have never been given access to courts to exception. But one thing that he men- had a conversation with an al-Qaida challenge their detention. But the United tioned I think must be addressed, and member, but they could not identify States does have a history of providing ac- that is this is about letting people out him. The proceeding was a laughing- cess to courts to those who have not been of jail, letting people go free who stock. That is the detainee in the Dis- granted POW status and are instead being might attack the United States at a trict of Columbia Circuit Court case held as unlawful combatants, as are the de- later date. I feel very strongly that which is going to the Supreme Court. tainees in this conflict. See., e.g., Ex Parte this isn’t about letting people out of I don’t think this Congress ought to Quirin, 317 U.S. 1 (1942) (rejecting the claim jail, and it isn’t even necessarily about that the Court could not review the habeas wait or punt to the Supreme Court. We claim of enemy aliens held for law of war letting people object to the conditions passed a statute which takes away Fed- violations). of their confinement, because I believe eral court jurisdiction to make the POWs are combatants held according to Congress can and should address the simple determination: Is there a reason internationally prescribed rules, and are re- habeas issue without necessarily allow- to hold them? We ought not to let that leased at the end of the war in which they ing any frivolous petition regarding stand. fought. In a traditional war, it is generally conditions to go forward. But it is I ask unanimous consent that a let- easy to determine who is a combatant and about the rights of these individuals to governed by these special rules. But the war ter dated today, received by Senator we are fighting today is different. Detainees question the determination that they LEAHY and myself, be printed in the held at Guantanamo Bay were captured in 14 are an enemy combatant. RECORD. It sets forth eloquently the countries around the world, including places The U.S. military or other forces op- reasons why habeas corpus for detain- as far away from any traditional battlefield erating on behalf of our coalitions ees should be reinstated by the Con- as Thailand, Gambia, and Russia. Some were overseas have captured and detained gress. It is signed by RADM Don Guter, sold to the United States by bounty hunters. individuals and determined that they who was the Navy’s Judge Advocate Our enemies blend into the civilian popu- are enemy combatants and, therefore, General; RADM John Hutson, the lation, making the practice of identifying they can be detained indefinitely on them more difficult. For all these reasons, Navy’s Judge Advocate General at an the basis of that determination. the possibility of making mistakes is much The situations that arose in previous earlier period; BG David Brahms, who higher than in a traditional conflict. In such was the Marine Corps senior legal ad- a situation, it is incumbent on our nation to conflicts were also brought up. What viser from 1983 until 1988; and BG ensure that there is an independent review of about similar situations in the Second James Cullen, who was the chief judge the decision to detain. World War, the First World War, or of the U.S. Army Court of Criminal Ap- The denial of habeas corpus also threatens other engagements of the U.S. military peals. to harm our national interests by placing in our past? I rise today, most impor- There being no objection, the mate- American civilians at risk. Imagine if an tantly, to emphasize that there is a enemy of the United States arrested an significant difference between this war rial was ordered to be printed in the American citizen—a nurse or interpreter or RECORD, as follows: employee of a military contractor—because and those conflicts. There are dif- March 7, 2007 they once provided assistance to our armed ferences in some very important ways Hon. PATRICK LEAHY, Chairman, forces, and held that American without that make this right or this ability to Hon. ARLEN SPECTER, Ranking Member, charge or opportunity to challenge their de- petition against your definition as an Senate Committee on the Judiciary, United tention in court. We would be outraged, and enemy combatant very important. States Senate Washington, DC. rightly so. Yet, this is the precedent we are First, this is not a war where we have DEAR CHAIRMAN LEAHY AND SENATOR SPEC- setting by holding without charge those troops lined up or engaged on a battle- TER: We strongly support your legislation to deemed to have aided the enemy and denying field in uniform. These are very dif- restore habeas corpus for detainees in US them access to a court that could review the ferent combatants, very different en- custody. We hope that it quickly becomes basis of their detention. law. A judicial check on the decision to detain emies we face, by that definition, not Known as the ‘‘Great Writ,’’ habeas corpus is in the best tradition of the United always easily recognized and some- is the legal proceeding that allows individ- States—a tradition that ensures account- times incredibly difficult to recognize

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.058 SWEST PsN: S07MRPT1 S2772 CONGRESSIONAL RECORD — SENATE March 7, 2007 those who are planning to kill U.S. they should not be classified as an beas corpus situations, but just deten- citizens or our allies around the world. enemy combatant. tion—that is all—just detention. They are not on a specific battlefield Senator SPECTER and others made I am agreeable to modifying the and certainly not in uniform. the argument when we were consid- amendment to specifying just deten- Second, these enemy combatants— ering the Detainee Treatment Act that tion. The Senator from New Hampshire and there are many thousands of this ought to be done in the D.C. Cir- raises a valid point that there may be enemy combatants the United States cuit Court of Appeals. I think the exact other Senators—he estimates as many faces around the world—could be al- time, place, and manner of this appeal as 10—who are inclined to support an most anywhere in the world. It makes can and should be determined by an act amendment which directed itself only this very different than past conflicts. of Congress. But I think what is most at detention. They could be here in the United important is that we not simply say There is the right of modification. I States, they could be in Pakistan, they because commanders on the battlefield am going to talk to more of my col- could be in Somalia, they could be in decided—when I use the word ‘‘battle- leagues to see if that would produce a Kenya, they could be in Germany, they field,’’ I mean in this modern sense— significantly different result. could be in Spain, or they could be in commanders somewhere in the field, I thank the Senator from New Hamp- the United Kingdom. As a result, we somewhere around the world, after you shire. could have an individual in any one of were arrested or detained or captured, I yield the floor, and in the absence these countries captured, detained, and decided you were an enemy combatant, of any Senator seeking recognition placed into our incarceration in Guan- that we are going to let that deter- suggest the absence of a quorum. tanamo Bay or another facility and mination stand without appeal, with- The PRESIDING OFFICER. Will the designate them as an enemy combat- out objection, without petition. Senator withhold his request? ant. At the very least, again, it is con- Mr. SPECTER. Yes. That is highly unusual when com- sistent with the principles of due proc- The PRESIDING OFFICER. The Sen- pared to past conflicts or past battles ess that are so important to this coun- ator from Illinois. and, I think, as a result could natu- try that we give that detainee at least Mr. DURBIN. Madam President, I rally cause significant problems in re- one opportunity to object in a court to come to the floor this afternoon to rise lations with other military organiza- the specifics that led to him being de- in support of the Specter-Leahy tions that are supporting our efforts, termined an enemy combatant. amendment, No. 286, which I hope we other countries’ diplomatic affairs, all This is an important issue, but I will have an opportunity to consider of which are important to our success think it is not just important because very shortly. in this effort. it affects our security, which we all This amendment, which Senator So because these are individuals who want to protect to the greatest extent SPECTER has addressed on the floor could be captured and detained from possible, but because it speaks to our during the course of the day, is long anywhere around the world, we have to own citizens and it speaks to people overdue. take extra consideration to make sure around the world as to what kind of a Last fall, Congress enacted a deeply they are dealt with in a straight- society we are and what principles we flawed law called the Military Commis- forward way that respects principles of hold to be dearest. sions Act. The law gives any President due process. This is an issue that deserves thor- the power to imprison people indefi- Third, a third important distinction ough debate in the Senate. I look for- nitely without charging them with any in this conflict is because of the nature ward to hearing more from both sides crime. It takes away fundamental due of the conflict, these individuals could and working with Senator SPECTER to process as protected by the Constitu- be held indefinitely without any clear try to move forward a process that ad- tionally-protected right of habeas cor- prospect of being released through the dresses these concerns, that doesn’t pus. It allows our Government to con- processes that would often bring a con- necessarily have to grant all rights and tinue to hold hundreds of prisoners for clusion to hostilities, negotiation, a all privileges accorded to every U.S. years without ever charging them with cease-fire, or surrender. citizen to those who are determined to any wrongdoing. We all recognize this conflict is very be enemy combatants, but at least I was one of 34 Senators who voted different in that regard. When con- gives them the fundamental right to against the creation of this Military stituents back home in New Hampshire challenge that determination which Commissions Act. I hope this year that ask me, When is this struggle against could and, in many cases, should lead Congress will begin to undo the damage terrorism going to end? You certainly to their indefinite incarceration at to fundamental American values that can’t give a definitive answer in terms Guantanamo Bay. was done by this legislation. of time, but you also are very hard I thank the Chair. The amendment offered by the Sen- pressed to give a definitive answer in The PRESIDING OFFICER. The Sen- ator from Pennsylvania and the Sen- terms of specific objectives—when we ator from Pennsylvania. ator from Vermont, the Specter-Leahy capture this individual, when we de- Mr. SPECTER. Madam President, amendment, is an excellent place to stroy this organization, when we bring while the Senator from New Hampshire start. This amendment would repeal stability to this part of the world that is still on the floor, I thank him and the provision of the Military Commis- is traditionally encouraged or fer- commend him for his statement di- sions Act that eliminated habeas cor- mented jihadists. So we have for these rectly to the issues. He has articulated pus for detainees. individuals—many of whom are evil in- them very well. It is a different cir- Habeas corpus is the legal name for a dividuals who have plotted and planned cumstance and what we are looking at procedure that allows a prisoner to against the United States and our al- is the issue of indefinite detention and challenge their detention in court. It is lies around the world—indeterminate, some process where there has to be a basic protection against unlawful im- unlimited detention at the hands of the some reason given for the detention. It prisonment. It is one of the bedrock United States. doesn’t haven’t to comply with the principles that separates America from Given those differences that set this technical Rules of Evidence, although many other countries around the conflict apart from past military con- the Department of Defense regulation world. flicts in our history, I think it is in calls for evidence, and evidence is a Over 700 lawyers from the Chicago keeping with our standards of due proc- work of art comprehending competency area sent me a letter last year strongly ess to ensure that when someone finds of items to establish a fact. But with- opposing the elimination of habeas cor- themselves indefinitely held by the out moving into the full range of evi- pus for detainees. Here is how they ex- United States in this conflict, they can dence for some reason to hold them— plained the importance of this basic at a minimum petition, object to their and I agree with the Senator from New fundamental right, and I quote: status or the determination of their Hampshire that we are not looking for The right of habeas corpus was enshrined status as an enemy combatant, and at a remedy to test living conditions or to in the Constitution by our Founding Fathers least argue on appeal the facts of the test food or test a wide variety of items as the means by which anyone who is de- case, make an argument as to why that may be comprehended in other ha- tained by the Executive may challenge the

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.060 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2773 lawfulness of his detention. It is a vital part individuals were taken from their being used against them, and have the of our system of checks and balances and an homes, their businesses, their families, right to counsel so that they can ex- important safeguard against mistakes which their countries, and transported to press their innocence in the most effec- can be made even by the best intentioned Guantanamo, and held without tive way. government officials. charges, sometimes for years, before How did the administration react to Why is this administration so inter- they were released. the Supreme Court decision in 2004? In- ested in protecting itself from the judi- According to media reports, military stead of changing its policies to com- cial review of our courts? Because the sources indicate that many of the de- ply with the Constitution, the law, courts have repeatedly ruled that the tainees had no connection to al-Qaida they came to the Republican-con- administration’s policies have violated or the Taliban and were sent to Guan- trolled Congress at that time and de- the law and our constitution. tanamo over the objections of intel- manded that habeas corpus for detain- After the September 11 terrorist at- ligence personnel who ultimately rec- ees be eliminated. tacks, the administration unilaterally ommended they be released. It was a This isn’t about the rights of sus- created a new detention policy for mistake. They never should have been pected terrorists. It is about who we America. They claimed the right to held. They should not have been de- are as Americans. Eliminating habeas seize anyone, including an American tained. Years were taken off their corpus is not true to our values. Sadly, citizen in the United States, and to lives, while the image of Guantanamo it creates an image of America that hold them until the end of the war on has been created across the world. causes problems even for our troops in terrorism, whenever that might be. One military officer said: the field. They claimed that even an American We are basically condemning these guys to Recently, I went on a trip to South citizen who is detained has no rights. long-term imprisonment. If they weren’t ter- America with Senator HARRY REID, our That means no right to challenge their rorists before, they certainly could be now. majority leader in the Senate, and we detention, no right to see the evidence That quote comes from one of our talked to leaders in countries in South against them, no right to even know military officials. America. I can recall one leader saying why they are being held. In fact, an ad- Based on a review of the Defense De- that he wanted the United States to re- ministration lawyer claimed in court partment’s own documents, Seton Hall move a base from his country. He said: that detainees would have no right to University Law School reported that We don’t want to have another Guanta- challenge their detention even if they only 5 percent, 1 out of 20, of the de- namo here in our sovereign country. were being tortured or summarily exe- tainees at Guantanamo were captured Guantanamo has become an image cuted. by U.S. forces, while 86 percent were which needs to change. Even the Presi- Using their new detention policy, the taken into custody by Pakistani or dent has called for the closing of Guan- administration has detained thousands Northern Alliance forces at a time tanamo. Yet what the Congress has of individuals in secret detention cen- when the United States was paying done is to not only keep Guantanamo ters around the world. Only time will huge amounts of money for the capture in business but to keep it in business lead to the complete disclosure of what of any suspected Arab terrorist. with rules that are inconsistent with they have done. The most well-known, The Defense Department’s own docu- our Constitution and our fundamental Guantanamo Bay, is only one of those ments revealed that the large majority values. centers. Many have been captured in of detainees never participated in any Tom Sullivan is a friend of mine and Afghanistan and Iraq, and people who combat against the United States on a a prominent attorney in Chicago. He never raised arms against us have been battlefield, and only 8 percent, that is was a former U.S. attorney, a lead taken prisoner far from the battlefield, fewer than 1 out of 10, of those being prosecutor for our Government in that in places such as Bosnia and Thailand. detained were even classified as al- area. He served in the Army during the Who are the detainees in Guanta- Qaida fighters. Korean war. namo Bay? Well, back in 2002 then De- In 2004, in the landmark decision of For nothing, on a pro bono basis, fense Secretary Rumsfeld described Rasul v. Bush, the Supreme Court re- Tom Sullivan has taken on cases of them, and I use his words, ‘‘the hardest jected this administration’s indefinite several Guantanamo detainees. He has of the hard core.’’ He went on to call detention policy. The Court held that practiced law for more than 50 years. them, ‘‘among the most dangerous, detainees at Guantanamo have the He believes, even as a former profes- best trained, vicious killers on the face right to habeas corpus to challenge sional prosecutor, that habeas corpus of the earth.’’ Those are the words of their detentions in Federal court. The is a fundamental bedrock of America’s Secretary Rumsfeld. Court held that the detainees’ claims legal system because it represents the Well, I went to Guantanamo last that they were detained for over 2 only recourse available when the Gov- July. There were some 400 detainees years without any charge against them ernment has made a mistake, detained being held. There have been many oth- and without any access to counsel, and a person and charged them with some- ers who have gone through that camp. I quote the Court, ‘‘unquestionably de- thing of which they are not guilty. Hundreds of people have been detained scribed custody in violation of the Con- ADM John Hutson, another man I at Guantanamo, many for years, with- stitution, or laws or treaties of the have come to know and respect, was a out ever being charged, and then were United States.’’ Navy Judge Advocate for 28 years. Last released. That is why the amendment being of- year, he testified in the Senate Judici- Imagine, if you will, that you were fered by the Senator from Pennsyl- ary Committee hearing on the Military scooped up by some government offi- vania and the Senator from Vermont is Commissions Act. Here is what Admi- cial, transported a thousand miles so critically important. What we have ral Hutson, former Navy Judge Advo- away to this rock in the middle of the enshrined in the Military Commissions cate, had to say about eliminating ha- Caribbean, this high-temperature, Act is a violation of the fundamental beas corpus, and I quote: high-pressure location, and then held values of our country. It is inconsistent with our own history and literally for years without ever being As I have said before, and will repeat, tradition to take this action. If we diminish or tarnish our values, those values that the charged with any wrongdoing. anyone who is a danger to this country Founders fought for and memorialized in the Every American would agree with should be stopped, detained, arrested, Constitution and have been carefully pre- what I am about to say. Every dan- and imprisoned, if necessary, before served in the blood and honor of succeeding gerous person should be arrested and they harm anyone in our country. generations, then we will have lost a major detained to protect America from ter- Those who are detained should be de- battle in the war on terror. rorism. When we have good cause to be- tained for cause. There should be a rea- Admiral Hutson concluded: lieve that a person threatens our coun- son. There should be a charge against We don’t need to do this. America is too try, I believe it is our right, when it them. They should have the most fun- strong. Our system of justice is too sacred to comes to our basic security, to detain damental access to justice, which we tinker with in this way. that person and to hold that person as preach around the world; that they can He also testified that eliminating ha- long as they are a threat to our coun- defend themselves, know what they are beas corpus really puts our own sol- try. In this case, however, hundreds of being charged with, see the evidence diers at risk. Remember, John Hutson

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.062 SWEST PsN: S07MRPT1 S2774 CONGRESSIONAL RECORD — SENATE March 7, 2007 has given his life to our country’s mili- cerned that this amendment will not ‘‘(2) the term ‘serious bodily injury’ has tary, and here is what he said: receive a vote. Last year, the Senate the meaning given that term in section 1365 If we fail to provide a reasonable judicial voted on a 51-to-48 vote, to include lan- of this title.’’. (2) TECHNICAL AND CONFORMING AMEND- avenue to consider detention, other coun- guage in the Military Commissions Act MENTS.—The table of sections at the begin- tries will feel justified in doing exactly the that limited Federal court habeas ju- ning of chapter 113B of title 18, United States same thing. It is our troops who are in risdiction. I have suggested that there Code, is amended by inserting after section harm’s way and deserve judicial protections. be a cloture petition filed on this bill, 2332b the following: In future wars, we will want to ensure that if we are going to vote on cloture later ‘‘2332c. Recruitment of persons to participate our troops or those of our allies are treated this week on the underlying bill, and in a manner similar to how we treat our en- in terrorism.’’. emies. We are now setting the standard for that would be a case where we might (b) JUDICIAL REVIEW OF VISA REVOCATION.— that treatment. vote on cloture on this amendment. I (1) IN GENERAL.—Section 221(i) of the Immi- I have heard arguments on the Sen- would structure it in that fashion only gration and Nationality Act (8 U.S.C. 1201(i)) as a way to get a vote so that people is amended by striking ‘‘There shall be no ate floor: Oh, it is going to glut the will have to take a position, and I sim- means of judicial review’’ and all that fol- courts of America if the 400 detainees ply wanted to make reference to that. lows and inserting the following: ‘‘Notwith- at Guantanamo have some rights, if Madam President, I yield the floor. standing any other provision of law, includ- they have an opportunity to question ing section 2241 of title 28, United States AMENDMENT NO. 312 the charges that have been brought Code, or any other habeas corpus provision, Mr. MCCONNELL. Madam President, and sections 1361 and 1651 of such title, a rev- against them, if they can use habeas I offered an amendment on behalf of corpus. I do not believe that is true and ocation under this subsection may not be re- Senator CORNYN on Friday, and I now viewed by any court, and no court shall have even if it was it is a small price to pay, ask for the regular order with respect jurisdiction to hear any claim arising from, a small price for America to pay to re- to amendment No. 312. or any challenge to, such a revocation.’’. spect the most fundamental right that The PRESIDING OFFICER. The (2) EFFECTIVE DATE.—The amendment we believe to be part of our system of amendment is now pending. made by paragraph (1) shall take effect on the date of enactment of this Act and shall justice. AMENDMENT NO. 312, AS MODIFIED Will there be abuses? Well, I am sure apply to visas issued before, on, or after such Mr. MCCONNELL. I send a modifica- there will be. There have been in vir- date. tion to the desk. (c) DETENTION OF ALIENS.— tually all the laws we have enacted. The PRESIDING OFFICER. The (1) DETENTION OF DEPORTABLE ALIENS TO But we will be able to say at the end of amendment is so modified. PROTECT PUBLIC SAFETY.— the day that even in the midst of a war The amendment, as modified, is as (A) IN GENERAL.—Section 241(a) of the Im- on terror, even as we feared what follows: migration and Nationality Act (8 U.S.C. might happen tomorrow in the wake of On page 389, after line 13, add the fol- 1231(a)) is amended— 9/11, that America never lost its way in lowing: (i) by striking ‘‘Attorney General’’ each terms of its fundamental values and SEC. 15ll. TERRORISM OFFENSES; VISA REV- place it appears, except for the first ref- erence in paragraph (4)(B)(i), and inserting principles. OCATIONS; DETENTION OF ALIENS. (a) RECRUITMENT OF PERSONS TO PARTICI- ‘‘Secretary of Homeland Security’’; The Military Commissions Act, PATE IN TERRORISM.— (ii) in paragraph (1)— which passed this Senate, unfortu- (1) IN GENERAL.—Chapter 113B of title 18, (I) by amending clause (ii) of subparagraph nately is a step in the wrong direction. United States Code, is amended by inserting (B) to read as follows: I fully support the Specter-Leahy after section 2332b the following: ‘‘(ii) If a court, the Board of Immigration amendment. We should honor Amer- ‘‘§ 2332c. Recruitment of persons to partici- Appeals, or an immigration judge orders a ican values and protect our brave men pate in terrorism. stay of the removal of the alien, the date the stay of removal is no longer in effect.’’; and women in uniform by restoring the ‘‘(a) OFFENSES.— (II) by adding at the end of subparagraph right of habeas corpus, and I urge my ‘‘(1) IN GENERAL.—It shall be unlawful to employ, solicit, induce, command, or cause (B), the following flush text: colleagues to support this amendment. ‘‘If, at that time, the alien is not in the cus- Madam President, I ask unanimous another person to commit an act of domestic terrorism or international terrorism or a tody of the Secretary of Homeland Security consent that my name be added as a Federal crime of terrorism, with the intent (under the authority of this Act), the Sec- cosponsor to that amendment. that the person commit such act or crime of retary shall take the alien into custody for The PRESIDING OFFICER. Without terrorism removal, and the removal period shall not objection, it is so ordered. ‘‘(2) ATTEMPT AND CONSPIRACY.—It shall be begin until the alien is taken into such cus- Mr. DURBIN. I thank the Chair, and unlawful to attempt or conspire to commit tody. If the Secretary transfers custody of I yield the floor. an offense under paragraph (1). the alien during the removal period pursuant Mr. SPECTER. Madam President, ‘‘(b) PENALTIES.—Any person who violates to law to another Federal agency or a State subsection (a)— or local government agency in connection while the Senator from Illinois is still with the official duties of such agency, the on the Senate floor, I want to thank ‘‘(1) in the case of an attempt or con- spiracy, shall be fined under this title, im- removal period shall be tolled, and shall him for those eloquent remarks going prisoned not more than 10 years, or both; begin anew on the date of the alien’s return right to the core of the issue, the im- ‘‘(2) if death of an individual results, shall to the custody of the Secretary subject to portance of protecting America from be fined under this title, punished by death clause (ii).’’; and terrorists and at the same time a bal- or imprisoned for any term of years or for (III) by amending subparagraph (C) to read ance in protecting Americans’ con- life, or both; as follows: ‘‘(3) if serious bodily injury to any indi- ‘‘(C) SUSPENSION OF PERIOD.—The removal stitutional rights. period shall be extended beyond a period of When he refers to Tom Sullivan, the vidual results, shall be fined under this title, imprisoned not less than 10 years nor more 90 days and the alien may remain in deten- very distinguished Chicago attorney, I tion during such extended period if the alien might note that Mr. Sullivan testified than 25 years, or both; and ‘‘(4) in any other case, shall be fined under fails or refuses to make all reasonable efforts at a Judiciary Committee hearing and this title, imprisoned not more than 10 to comply with the removal order, or to fully cooperate with the Secretary’s efforts to es- brought forth a number of examples, years, or both. which I put into the RECORD earlier ‘‘(c) RULE OF CONSTRUCTION.—Nothing in tablish the alien’s identity and carry out the today, where it is recited in some de- this section shall be construed or applied so removal order, including making timely ap- as to abridge the exercise of rights guaran- plication in good faith for travel or other tail people who were detained at Guan- documents necessary to the alien’s depar- tanamo for very long periods of time. teed under the first amendment to the Con- stitution of the United States. ture, or conspires or acts to prevent the One specifically commented about ‘‘(d) LACK OF CONSUMMATED TERRORIST ACT alien’s removal subject to an order of re- crossed the border, was supposed to NOT A DEFENSE.—It is not a defense under moval.’’; have been associated with someone this section that the act of domestic ter- (iii) in paragraph (2), by adding at the end from al-Qaida, no reason for keeping rorism or international terrorism or Federal the following new sentence: ‘‘If a court, the him was given, no evidence to that ef- crime of terrorism that is the object of the Board of Immigration Appeals, or an immi- gration judge orders a stay of removal of an fect, but was kept for 5 years and then employment, solicitation, inducement, com- manding, or causing has not been done. alien who is subject to an administratively released. ‘‘(e) DEFINITIONS.—In this section— final order of removal, the Secretary of Let me express a concern I have, ‘‘(1) the term ‘Federal crime of terrorism’ Homeland Security in the exercise of discre- which I discussed earlier with the Sen- has the meaning given that term in section tion may detain the alien during the pend- ator from Illinois, and that is I am con- 2332b of this title; and ency of such stay of removal.’’;

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(iv) in paragraph (3), by amending subpara- ‘‘(bb) would be removed in the reasonably ‘‘(iii) HEARING.—The Secretary of Home- graph (D) to read as follows: foreseeable future, or would have been re- land Security may request that the Attorney ‘‘(D) to obey reasonable restrictions on the moved, but for the alien’s failure or refusal General or his designee provide for a hearing alien’s conduct or activities, or to perform to make all reasonable efforts to comply to make the determination described in affirmative acts, that the Secretary of with the removal order, or to cooperate fully clause (dd)(BB) of subparagraph (B)(ii)(II). Homeland Security prescribes for the alien, with the Secretary’s efforts to establish the ‘‘(D) RELEASE ON CONDITIONS.—If it is deter- in order to prevent the alien from abscond- alien’s identity and carry out the removal mined that an alien should be released from ing, for the protection of the community, or order, including making timely application detention, the Secretary of Homeland Secu- for other purposes related to the enforce- in good faith for travel or other documents rity, in the exercise of discretion, may im- ment of the immigration laws.’’; necessary to the alien’s departure, or con- pose conditions on release as provided in (v) in paragraph (6), by striking ‘‘removal spiracies or acts to prevent removal; paragraph (3). period and, if released,’’ and inserting ‘‘re- ‘‘(II) until the alien is removed, if the Sec- ‘‘(E) REDETENTION.—The Secretary of moval period, in the discretion of the Sec- retary certifies in writing— Homeland Security, in the exercise of discre- retary of Homeland Security, without any ‘‘(aa) in consultation with the Secretary of tion, without any limitations other than limitations other than those specified in this Health and Human Services, that the alien those specified in this section, may again de- section, until the alien is removed. If an has a highly contagious disease that poses a tain any alien subject to a final removal alien is released, the alien’’; and threat to public safety; order who is released from custody if the (vi) by redesignating paragraph (7) as para- ‘‘(bb) after receipt of a written rec- alien fails to comply with the conditions of ommendation from the Secretary of State, release or to continue to satisfy the condi- graph (10) and inserting after paragraph (6) that release of the alien is likely to have se- tions described in subparagraph (A), or if, the following new paragraphs: rious adverse foreign policy consequences for upon reconsideration, the Secretary deter- ‘‘(7) PAROLE.—If an alien detained pursuant the United States; mines that the alien can be detained under to paragraph (6) is an applicant for admis- ‘‘(cc) based on information available to the subparagraph (B). Paragraphs (6) through (8) sion, the Secretary of Homeland Security, in Secretary of Homeland Security (including shall apply to any alien returned to custody the Secretary’s discretion, may parole the classified, sensitive, or national security in- pursuant to this subparagraph, as if the re- alien under section 212(d)(5) and may pro- formation, and without regard to the moval period terminated on the day of the vide, notwithstanding section 212(d)(5), that grounds upon which the alien was ordered re- redetention. the alien shall not be returned to custody moved), that there is reason to believe that ‘‘(F) CERTAIN ALIENS WHO EFFECTED unless either the alien violates the condi- the release of the alien would threaten the ENTRY.—If an alien has effected an entry but tions of his parole or his removal becomes national security of the United States; or has neither been lawfully admitted nor phys- reasonably foreseeable, provided that in no ‘‘(dd) that the release of the alien will ically present in the United States continu- circumstance shall such alien be considered threaten the safety of the community or any ously for the 2-year period immediately prior admitted. person, conditions of release cannot reason- to the commencement of removal pro- ‘‘(8) ADDITIONAL RULES FOR DETENTION OR ably be expected to ensure the safety of the ceedings under this Act or deportation pro- RELEASE OF CERTAIN ALIENS WHO HAVE MADE community or any person, and either— ceedings against the alien, the Secretary of AN ENTRY.—The following procedures apply ‘‘(AA) the alien has been convicted of one Homeland Security in the exercise of discre- only with respect to an alien who has ef- or more aggravated felonies as defined in tion may decide not to apply paragraph (8) fected an entry into the United States. These section 101(a)(43)(A), one or more crimes and detain the alien without any limitations procedures do not apply to any other alien identified by the Secretary of Homeland Se- except those which the Secretary shall adopt detained pursuant to paragraph (6). curity by regulation, or one or more at- by regulation. ‘‘(A) ESTABLISHMENT OF A DETENTION RE- tempts or conspiracies to commit any such ‘‘(9) JUDICIAL REVIEW.—Without regard to VIEW PROCESS FOR ALIENS WHO FULLY COOPER- aggravated felonies or such identified the place of confinement, judicial review of ATE WITH REMOVAL.—For an alien who has crimes, provided that the aggregate term of any action or decision pursuant to paragraph made all reasonable efforts to comply with a imprisonment for such attempts or conspir- (6), (7), or (8) shall be available exclusively in removal order and to cooperate fully with acies is at least 5 years; or habeas corpus proceedings instituted in the the Secretary of Homeland Security’s efforts ‘‘(BB) the alien has committed one or more United States District Court for the District to establish the alien’s identity and carry crimes of violence (as defined in section 16 of of Columbia, and only if the alien has ex- out the removal order, including making title 18, United States Code, but not includ- hausted all administrative remedies (statu- timely application in good faith for travel or ing a purely political offense) and, because of tory and regulatory) available to the alien as other documents necessary to the alien’s de- a mental condition or personality disorder of right.’’. parture, and has not conspired or acted to and behavior associated with that condition (B) DETENTION OF ALIENS DURING REMOVAL prevent removal, the Secretary of Homeland or disorder, the alien is likely to engage in PROCEEDINGS.— Security shall establish an administrative acts of violence in the future; or (i) IN GENERAL.—Section 235 of the Immi- review process to determine whether the ‘‘(ee) that the release of the alien will gration and Nationality Act (8 U.S.C. 1225) is alien should be detained or released on con- threaten the safety of the community or any amended by adding at the end the following ditions. The Secretary shall make a deter- person, conditions of release cannot reason- new subsections: mination whether to release an alien after ably be expected to ensure the safety of the ‘‘(e) LENGTH OF DETENTION.— the removal period in accordance with para- community or any person, and the alien has ‘‘(1) IN GENERAL.—With regard to the graph (1)(B). The determination shall include been convicted of at least one aggravated fel- length of detention, an alien may be de- consideration of any evidence submitted by ony as defined in section 101(a)(43); and tained under this section, without limita- the alien, and may include consideration of ‘‘(III) pending a determination under sub- tion, until the alien is subject to an adminis- any other evidence, including any informa- clause (II), so long as the Secretary has initi- tratively final order of removal. tion or assistance provided by the Depart- ated the administrative review process not ‘‘(2) EFFECT ON DETENTION UNDER SECTION ment of State or other Federal agency and later than 30 days after the expiration of the 241.—The length of detention under this sec- any other information available to the Sec- removal period (including any extension of tion shall not affect the validity of any de- retary pertaining to the ability to remove the removal period as provided in subsection tention under section 241 of this Act. the alien. (a)(1)(C)). ‘‘(f) JUDICIAL REVIEW.—Without regard to ‘‘(B) AUTHORITY TO DETAIN BEYOND THE RE- ‘‘(C) RENEWAL AND DELEGATION OF CERTIFI- the place of confinement, judicial review of MOVAL PERIOD.— CATION.— any action or decision made pursuant to sub- ‘‘(i) IN GENERAL.—The Secretary of Home- ‘‘(i) RENEWAL.—The Secretary of Homeland section (e) shall be available exclusively in a land Security, in the exercise of discretion, Security may renew a certification under habeas corpus proceeding instituted in the without any limitations other than those subparagraph (B)(ii)(II) every 6 months with- United States District Court for the District specified in this section, may continue to de- out limitation, after providing an oppor- of Columbia and only if the alien has ex- tain an alien for 90 days beyond the removal tunity for the alien to request reconsider- hausted all administrative remedies (statu- period (including any extension of the re- ation of the certification and to submit doc- tory and nonstatutory) available to the alien moval period as provided in subsection uments or other evidence in support of that as of right.’’. (a)(1)(C)). request. If the Secretary does not renew a (ii) CONFORMING AMENDMENTS.—Section 236 ‘‘(ii) LENGTH OF DETENTION.—The Sec- certification, the Secretary may not con- of the Immigration and Nationality Act (8 retary, in the exercise of discretion, without tinue to detain the alien under subparagraph U.S.C. 1226) is amended— any limitations other than those specified in (B)(ii)(II). (I) by inserting at the end of subsection (e) this section, may continue to detain an alien ‘‘(ii) DELEGATION.—Notwithstanding sec- the following: ‘‘Without regard to the place beyond the 90 days, as authorized in clause tion 103 of this Act, the Secretary of Home- of confinement, judicial review of any action (i)— land Security may not delegate the author- or decision made pursuant to section 235(f) ‘‘(I) until the alien is removed, if the Sec- ity to make or renew a certification de- shall be available exclusively in a habeas retary determines that there is a significant scribed in item (bb), (cc), or (ee) of subpara- corpus proceeding instituted in the United likelihood that the alien— graph (B)(ii)(II) to an official below the level States District Court for the District of Co- ‘‘(aa) will be removed in the reasonably of the Assistant Secretary for Immigration lumbia, and only if the alien has exhausted foreseeable future; or and Customs Enforcement. all administrative remedies (statutory and

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.018 SWEST PsN: S07MRPT1 S2776 CONGRESSIONAL RECORD — SENATE March 7, 2007 nonstatutory) available to the alien as of tions will reasonably assure the appearance or other acts of international terrorism, right.’’; and of the person as required and the safety of shall be fined under this title, imprisoned (II) by adding at the end the following new the community if the judicial officer finds not more than 25 years, or both, and, if death subsection: that there is probable cause to believe that results, shall be imprisoned for any term of ‘‘(f) LENGTH OF DETENTION.— the person committed an offense for which a years or for life. ‘‘(1) IN GENERAL.—With regard to the maximum term of imprisonment of 10 years ‘‘(c) JURISDICTIONAL BASES.—A cir- length of detention, an alien may be de- or more is prescribed in the Controlled Sub- cumstance referred to in subsection (b) is tained under this section, without limita- stances Act (21 U.S.C. 801 et seq.), the Con- that— tion, until the alien is subject to an adminis- trolled Substances Import and Export Act (21 ‘‘(1) the offense occurs in or affects inter- tratively final order of removal. U.S.C. 951 et seq.), or chapter 705 of title 46, state or foreign commerce; ‘‘(2) EFFECT ON DETENTION UNDER SECTION an offense under section 924(c), 956(a), or ‘‘(2) the offense involves the use of the 241.—The length of detention under this sec- 2332b of this title, or an offense listed in sec- mails or a facility of interstate or foreign tion shall not affect the validity of any de- tion 2332b(g)(5)(B) of this title for which a commerce; tention under section 241 of this Act.’’. maximum term of imprisonment of 10 years ‘‘(3) an offender intends to facilitate, re- (C) SEVERABILITY.—If any of the provisions or more is prescribed, or an offense involving ward, or encourage an act of international of this paragraph or any amendment by this a minor victim under section 1201, 1591, 2241, terrorism that affects interstate or foreign paragraph, or the application of any such 2242, 2244(a)(1), 2245, 2251, 2251A, 2252(a)(1), commerce or would have affected interstate provision to any person or circumstance, is 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), or foreign commerce had it been con- held to be invalid for any reason, the remain- 2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, summated; der of this paragraph and of amendments or 2425 of this title. ‘‘(4) an offender intends to facilitate, re- made by this paragraph, and the application ‘‘(3) PRESUMPTION ARISING FROM OFFENSES ward, or encourage an act of international of the provisions and of the amendments RELATING TO IMMIGRATION LAW.—Subject to terrorism that violates the criminal laws of made by this paragraph to any other person rebuttal by the person, it shall be presumed the United States; or circumstance shall not be affected by such that no condition or combination of condi- ‘‘(5) an offender intends to facilitate, re- holding. tions will reasonably assure the appearance ward, or encourage an act of international (D) EFFECTIVE DATES.— of the person as required if the judicial offi- terrorism that is designed to influence the (i) AMENDMENTS MADE BY SUBPARAGRAPH cer finds that there is probable cause to be- policy or affect the conduct of the United (A).—The amendments made by subpara- lieve that the person is an alien and that the States Government; graph (A) shall take effect on the date of en- person— ‘‘(6) an offender intends to facilitate, re- actment of this Act, and section 241 of the ‘‘(A) has no lawful immigration status in ward, or encourage an act of international Immigration and Nationality Act, as amend- the United States; terrorism that occurs in part within the ed, shall apply to— ‘‘(B) is the subject of a final order of re- United States and is designed to influence (I) all aliens subject to a final administra- moval; or the policy or affect the conduct of a foreign tive removal, deportation, or exclusion order ‘‘(C) has committed a felony offense under government; that was issued before, on, or after the date section 842(i)(5), 911, 922(g)(5), 1015, 1028, ‘‘(7) an offender intends to facilitate, re- of enactment of this Act; and 1028A, 1425, or 1426 of this title, or any sec- ward, or encourage an act of international (II) acts and conditions occurring or exist- tion of chapters 75 and 77 of this title, or sec- terrorism that causes or is designed to cause ing before, on, or after the date of enactment tion 243, 274, 275, 276, 277, or 278 of the Immi- death or serious bodily injury to a national of this Act. gration and Nationality Act (8 U.S.C. 1253, of the United States while that national is (ii) AMENDMENTS MADE BY SUBPARAGRAPH 1324, 1325, 1326, 1327, and 1328).’’. outside the United States, or substantial (B).—The amendments made by subparagraph (B) IMMIGRATION STATUS AS FACTOR IN DE- damage to the property of a legal entity or- (B) shall take effect on the date of enact- TERMINING CONDITIONS OF RELEASE.—Section ganized under the laws of the United States ment of this Act, and sections 235 and 236 of 3142(g)(3) of title 18, United States Code, is (including any of its States, districts, com- the Immigration and Nationality Act, as amended— monwealths, territories, or possessions) amended, shall apply to any alien in deten- (i) in subparagraph (A), by striking ‘‘and’’ while that property is outside of the United tion under provisions of such sections on or at the end; and States; after the date of enactment of this Act. (ii) by adding at the end the following new ‘‘(8) the offense occurs in whole or in part (2) CRIMINAL DETENTION OF ALIENS TO PRO- subparagraph: within the United States, and an offender in- TECT PUBLIC SAFETY.— ‘‘(C) the person’s immigration status; tends to facilitate, reward or encourage an (A) IN GENERAL.—Section 3142(e) of title 18, and’’. act of international terrorism that is de- United States Code, is amended to read as (d) PREVENTION AND DETERRENCE OF TER- signed to influence the policy or affect the follows: RORIST SUICIDE BOMBINGS AND TERRORIST conduct of a foreign government; or ‘‘(e) DETENTION.—If, after a hearing pursu- MURDERS, KIDNAPPING, AND SEXUAL AS- ‘‘(9) the offense occurs in whole or in part ant to the provisions of subsection (f), the ju- SAULTS.— outside of the United States, and an offender dicial officer finds that no condition or com- bination of conditions will reasonably assure (1) OFFENSE OF REWARDING OR FACILITATING is a national of the United States, a stateless the appearance of the person as required and INTERNATIONAL TERRORIST ACTS.— person whose habitual residence is in the the safety of any other person and the com- (A) IN GENERAL.—Chapter 113B of title 18, United States, or a legal entity organized munity, such judicial officer shall order the United States Code, is amended by adding at under the laws of the United States (includ- detention of the person before trial. the end the following: ing any of its States, districts, common- ‘‘(1) PRESUMPTION ARISING FROM OFFENSES ‘‘§ 2339E. Providing material support to inter- wealths, territories, or possessions).’’. DESCRIBED IN SUBSECTION (F)(1).—In a case de- national terrorism (B) TECHNICAL AND CONFORMING AMEND- MENTS.— scribed in subsection (f)(1) of this section, a ‘‘(a) DEFINITIONS.—In this section: rebuttable presumption arises that no condi- ‘‘(1) The term ‘facility of interstate or for- (i) TABLE OF SECTIONS.—The table of sec- tion or combination of conditions will rea- eign commerce’ has the same meaning as in tions at the beginning of chapter 113B of sonably assure the safety of any other person section 1958(b)(2). title 18, United States Code, is amended by and the community if such judicial officer ‘‘(2) The term ‘international terrorism’ has adding at the end the following: finds that— the same meaning as in section 2331. ‘‘2339D. Receiving military-type training ‘‘(A) the person has been convicted of a ‘‘(3) The term ‘material support or re- from a foreign terrorist organi- Federal offense that is described in sub- sources’ has the same meaning as in section zation. section (f)(1), or of a State or local offense 2339A(b). ‘‘2339E. Providing material support to inter- that would have been an offense described in ‘‘(4) The term ‘perpetrator of an act’ in- national terrorism.’’. subsection (f)(1) if a circumstance giving rise cludes any person who— (ii) OTHER AMENDMENT.—Section to Federal jurisdiction had existed; ‘‘(A) commits the act; 2332b(g)(5)(B)(i) of title 18, United States ‘‘(B) the offense described in subparagraph ‘‘(B) aids, abets, counsels, commands, in- Code, is amended by inserting ‘‘2339E (relat- (A) was committed while the person was on duces, or procures its commission; or ing to providing material support to inter- release pending trial for a Federal, State, or ‘‘(C) attempts, plots, or conspires to com- national terrorism),’’ before ‘‘or 2340A (relat- local offense; and mit the act. ing to torture)’’. ‘‘(C) a period of not more than 5 years has ‘‘(5) The term ‘serious bodily injury’ has (2) INCREASED PENALTIES FOR PROVIDING MA- elapsed since the date of conviction or the the same meaning as in section 1365. TERIAL SUPPORT TO TERRORISTS.— release of the person from imprisonment, for ‘‘(b) PROHIBITION.—Whoever, in a cir- (A) PROVIDING MATERIAL SUPPORT TO DES- the offense described in subparagraph (A), cumstance described in subsection (c), pro- IGNATED FOREIGN TERRORIST ORGANIZA- whichever is later. vides, or attempts or conspires to provide, TIONS.—Section 2339B(a) of title 18, United ‘‘(2) PRESUMPTION ARISING FROM OTHER OF- material support or resources to the perpe- States Code, is amended by striking ‘‘15 FENSES INVOLVING ILLEGAL SUBSTANCES, FIRE- trator of an act of international terrorism, years’’ and inserting ‘‘25 years’’. ARMS, VIOLENCE, OR MINORS.—Subject to re- or to a family member or other person asso- (B) PROVIDING MATERIAL SUPPORT OR RE- buttal by the person, it shall be presumed ciated with such perpetrator, with the intent SOURCES IN AID OF A TERRORIST CRIME.—Sec- that no condition or combination of condi- to facilitate, reward, or encourage that act tion 2339A(a) of title 18, United States Code,

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is amended by striking ‘‘15 years’’ and in- (II) in subparagraph (B), by striking ‘‘20 CLOTURE MOTION serting ‘‘40 years’’. years’’ and inserting ‘‘25 years’’; and We, the undersigned Senators, in accord- (C) RECEIVING MILITARY-TYPE TRAINING (B) by amending subsection (b) to read as ance with the provisions of rule XXII of the FROM A FOREIGN TERRORIST ORGANIZATION.— follows: Standing Rules of the Senate, do hereby Section 2339D(a) of title 18, United States ‘‘(b) CIVIL ACTION.— move to bring to a close debate on pending Code, is amended by striking ‘‘ten years’’ ‘‘(1) IN GENERAL.—Whoever engages in any amendment No. 312, as modified, to amend- and inserting ‘‘15 years’’. conduct with intent to convey false or mis- ment No. 275 to Calendar No. 57, S. 4, a bill (D) ADDITION OF ATTEMPTS AND CONSPIR- leading information under circumstances to make the United States more secure by ACIES TO AN OFFENSE RELATING TO MILITARY where such information may reasonably be implementing unfinished recommendations TRAINING.—Section 2339D(a) of title 18, believed and where such information indi- of the 9/11 Commission to fight the war on United States Code, is amended by inserting cates that an activity has taken, is taking, terror more effectively, to improve home- ‘‘, or attempts or conspires to receive,’’ after or will take place that would constitute an land security, and for other purposes. ‘‘receives’’. offense listed under subsection (a)(1) is liable John Cornyn, Jon Kyl, Mike Crapo, John (3) DENIAL OF FEDERAL BENEFITS TO CON- in a civil action to any party incurring ex- Ensign, Saxby Chambliss, Judd Gregg, VICTED TERRORISTS.— penses incident to any emergency or inves- Richard Burr, Jim Bunning, Sam (A) IN GENERAL.—Chapter 113B of title 18, tigative response to that conduct, for those Brownback, Mitch McConnell, Craig United States Code, as amended by this sub- expenses. Thomas, Tom Coburn, Wayne Allard, section, is amended by adding at the end the ‘‘(2) EFFECT OF CONDUCT.— Jim DeMint, John Thune, Pat Roberts, following: ‘‘(A) IN GENERAL.—A person described in Lindsey Graham. subparagraph (B) is liable in a civil action to ‘‘§ 2339F. Denial of Federal benefits to terror- any party described in subparagraph (B)(ii) Mr. MCCONNELL. Madam President, ists for any expenses that are incurred by that just by way of explanation, this modi- ‘‘(a) IN GENERAL.—Any individual who is party— fied amendment aims to improve our convicted of a Federal crime of terrorism (as ‘‘(i) incident to any emergency or inves- national security in five areas. For the defined in section 2332b(g)) shall, as provided tigative response to any conduct described in first time, it will make it a crime to by the court on motion of the Government, subparagraph (B)(i); and be ineligible for any or all Federal benefits recruit people to commit terrorist acts ‘‘(ii) after the person that engaged in that on American soil. For the first time, it for any term of years or for life. conduct should have informed that party of ‘‘(b) FEDERAL BENEFIT DEFINED.—In this would allow for the immediate deporta- the actual nature of the activity. section, ‘Federal benefit’ has the meaning ‘‘(B) APPLICABILITY.—A person described in tion of suspected terrorists whose visas given that term in section 421(d) of the Con- this subparagraph is any person that— have been revoked for terrorism-re- trolled Substances Act (21 U.S.C. 862(d)).’’. ‘‘(i) engages in any conduct that has the ef- lated activities. For the first time, it (B) TECHNICAL AND CONFORMING AMEND- fect of conveying false or misleading infor- would prevent the release of dangerous MENT.—The table of sections at the begin- mation under circumstances where such in- ning of chapter 113B of title 18, United States illegal immigrants whose home coun- formation may reasonably be believed and Code, as amended by this subsection, is tries actually don’t want them back. where such information indicates that an ac- amended by adding at the end the following: For the first time, it would make it a tivity has taken, is taking, or will take place crime to reward the families of suicide ‘‘2339F. Denial of Federal benefits to terror- that would constitute an offense listed under ists.’’. subsection (a)(1); bombers, and it would increase the pen- (4) ADDITION OF ATTEMPTS OR CONSPIRACIES ‘‘(ii) receives notice that another party be- alty for those who torment the families TO OFFENSE OF TERRORIST MURDER.—Section lieves that the information indicates that of our service men and women by call- 2332(a) of title 18, United States Code, is such an activity has taken, is taking, or will ing their families and falsely claiming amended— take place; and that their loved ones have been killed (A) by inserting ‘‘, or attempts or conspires ‘‘(iii) after receiving such notice, fails to in the field of battle. It contains five to kill,’’ after ‘‘Whoever kills’’; and promptly and reasonably inform any party (B) in paragraph (2), by striking ‘‘ten provisions that would make our home- described in subparagraph (B) of the actual land more secure by penalizing recruit- years’’ and inserting ‘‘30 years’’. nature of the activity.’’. (5) ADDITION OF OFFENSE OF TERRORIST KID- (2) THREATENING COMMUNICATIONS.— ers, deporting terrorist suspects, keep- NAPPING.—Section 2332(b) of title 18, United (A) MAILED WITHIN THE UNITED STATES.— ing dangerous criminals behind bars, States Code, is amended to read as follows: Section 876 of title 18, United States Code, is and protecting the families of our ‘‘(b) KIDNAPPING.—Whoever outside the amended by adding at the end thereof the troops. United States unlawfully seizes, confines, in- following new subsection: Voting on this amendment will not veigles, decoys, kidnaps, abducts, or carries ‘‘(e) For purposes of this section, the term away, or attempts or conspires to seize, con- slow down the bill. We are not inter- ‘addressed to any other person’ includes an ested in doing that. We will gladly fine, inveigle, decoy, kidnap, abduct or carry individual (other than the sender), a corpora- away, a national of the United States, shall tion or other legal person, and a government agree to vitiate cloture in exchange for be fined under this title, imprisoned for any or agency or component thereof.’’. a unanimous consent vote on this term of years or for life, or both.’’. (B) MAILED TO A FOREIGN COUNTRY.—Sec- amendment or, if cloture is invoked, (6) ADDITION OF SEXUAL ASSAULT TO DEFINI- tion 877 of title 18, United States Code, is we will agree to yield back the 30 hours TION OF OFFENSE OF TERRORIST ASSAULT.— amended by adding at the end thereof the of postcloture time in order to move Section 2332(c) of title 18, United States following new paragraph: ahead. Code, is amended— ‘‘For purposes of this section, the term ‘ad- The war against terrorism requires (A) in paragraph (1), by inserting ‘‘(as de- dressed to any person’ includes an indi- fined in section 1365, including any conduct vidual, a corporation or other legal person, that we adapt our methods to emerging that, if the conduct occurred in the special and a government or agency or component threats, and that is precisely what maritime and territorial jurisdiction of the thereof.’’. these new and vital provisions would United States, would violate section 2241 or CLOTURE MOTION allow us to do. 2242)’’ after ‘‘injury’’; Mr. MCCONNELL. Madam President, Let me conclude by saying we believe (B) in paragraph (2), by inserting ‘‘(as de- this modification is a series of revi- these amendments are definitely re- fined in section 1365, including any conduct sions relating to terrorism, and in a lated to the bill. We had hoped to be that, if the conduct occurred in the special moment I will describe those provi- able to get an agreement to have this maritime and territorial jurisdiction of the amendment considered. So far, that United States, would violate section 2241 or sions. The majority leader has indi- 2242)’’ after ‘‘injury’’; and cated that he will file a cloture motion has not occurred, but we want to reit- (C) in the matter following paragraph (2), tonight in order to bring the bill to a erate we have no desire to slow down by striking ‘‘ten years’’ and inserting ‘‘40 close because we have been unable to the passage of the bill. That is why I years’’. get an agreement to vote on several of felt compelled to file cloture at this (e) IMPROVEMENTS TO THE TERRORIST HOAX these terrorist-related amendments. I time. STATUTE.— am prepared to file a cloture motion on I yield the floor. (1) HOAX STATUTE.—Section 1038 of title 18, this amendment and, therefore, I send The PRESIDING OFFICER. The Sen- United States Code, is amended— ator from Maine. (A) in subsection (a)— a cloture motion to the desk. The PRESIDING OFFICER. The clo- Ms. COLLINS. Madam President, I (i) in paragraph (1), after ‘‘title 49,’’ by in- am very sympathetic to the concerns serting ‘‘or any other offense listed under ture motion having been presented section 2332b(g)(5)(B) of this title,’’; and under rule XXII, the Chair directs the of the Republican leader about trying (ii) in paragraph (2)— clerk to read the motion. to move forward with some votes. I do (I) in subparagraph (A), by striking ‘‘5 The assistant legislative clerk read wish he had discussed his approach years’’ and inserting ‘‘10 years’’; and as follows: with the managers of this bill since he

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.018 SWEST PsN: S07MRPT1 S2778 CONGRESSIONAL RECORD — SENATE March 7, 2007 has taken us completely by surprise on thizers are actively in the process of includes a remedy to a problem created the Senate floor, but I think he has recruiting terrorists within the United by a Supreme Court decision in 2001, raised an important issue, that our States. So we are not just talking the Zadvydas case, which held that Members deserve to have votes on the about a wholly foreign enemy that dangerous criminal aliens must be re- important issues that are before us. If would attack us from abroad; we are leased after an expiration of 6 months we are going to complete action on this talking about people being recruited to if there is no likelihood that their bill by the end of the week, we need to carry out terrorist attacks here in the home country would take them back in start voting. We need to start disposing United States. Of course their goal is the near future, even if their home of these amendments, whether they are to find individuals who do not fit the country will not take them. This adopted or rejected or withdrawn. So I traditional terrorist model, who can means that they have to be released am sympathetic to the frustration of operate freely in our country, and who into the general population of the the Republican leader over this matter. are willing to engage in these heinous United States, free to re-commit seri- We do need to move forward and have acts. Recruiting these type of individ- ous crimes. votes. uals, those who blend easily into our In other words, what the Supreme I do wish he had discussed his inten- society, provides al-Qaida an oper- Court said is that Congress had not tions with the managers of the bill. ational advantage. specifically authorized the Department I yield the floor. This is not an academic discussion. of Homeland Security to hold dan- The PRESIDING OFFICER. The Sen- Let me just use one example to dem- gerous criminal aliens whose home ator from Texas. onstrate this reality. Intelligence ma- country will not take them back for Mr. CORNYN. Madam President, I terials related to Khalid Shaikh Mo- longer than 6 months pending their de- appreciate the comments of the Sen- hammed, the so-called mastermind of portation or repatriation to their home ator from Maine, the distinguished the 9/11 plot, show that he was running country. This amendment remedies ranking member of the Homeland Se- terrorist cells within the United that decision. In fact, the Supreme curity and Governmental Affairs Com- States. These documents show that al- Court invited the Congress to revisit mittee. In response, I would point out Qaida’s goal was to recruit U.S. citi- this decision, since it is purely a statu- that these amendments, which are now zens and other westerners so they tory holding. consolidated in this modification, actu- could move freely within our country, Specifically, this amendment would ally have been pending now for some so they would be unlikely to be identi- allow DHS to protect the American time but we have been unsuccessful in fied and stopped at our border’s edge or people from dangerous criminal aliens persuading the majority to give us an in our airports or land-based ports be- until their removal proceedings are opportunity for an up-or-down vote on fore they carry out their attacks. completed. It allows the Department of them. These terrorist recruiters have tar- Homeland Security to detain criminal The bill we are debating is entitled geted mosques, prisons, and univer- aliens after a final order of removal ‘‘A Bill to Make the United States sities throughout the United States and beyond the 90-day removal period More Secure By Implementing Unfin- where they could identify and recruit if removal is likely to occur in the ished Recommendations of the 9/11 people who might be sympathetic to foreseeable future or for national secu- Commission to Fight the War on Ter- their jihadist message and then per- rity and public safety grounds. It pre- ror More Effectively, to Improve suade these individuals to join their or- serves the right of the alien to seek re- Homeland Security, and for other pur- ganization. view of continued detention through poses.’’ I can’t think of any amend- Unbelievably, we currently have no habeas proceedings after exhaustion of ment that would be more appropriate statute in place that is designed to administrative remedies. And to be to accomplishing the stated goal of punish those who recruit people to clear, my amendment does preserve the this particular legislation than the one commit terrorist acts. This amend- right of the affected alien to seek ad- I have pending now. ment includes a provision that would ministrative and judicial review of The distinguished Republican leader remedy this serious gap in our law. It these decisions. But, the amendment has summarized, I think very well, simply provides that it is against the makes clear that it is intended to fill what is contained in this modification. law to recruit or, in the words of the an important gap by authorizing DHS But just so none of my colleagues are amendment, ‘‘to employ, solicit, in- to protect the American people from confused, these are not new matters. duce, command or cause’’ any person the willy-nilly release of dangerous This modification simply represents a to commit an act of domestic ter- criminal aliens after 6 months. This consolidation of several amendments rorism, international terrorism, or a situation has occurred and will con- that are pending on the floor and have Federal crime of terrorism, and any tinue to occur and it is important for been pending for some time, but which person convicted of this would face se- Congress to step up and to fix this have been refused an opportunity to rious punishment. problem created by the interpretation have a full and fair debate followed by This amendment also provides that of this statute in 2001 by the U.S. Su- an up-or-down vote by the majority. anyone committing this crime should preme Court. We all know it has been more than 5 be punished for up to 10 years in the The last element of this consolidated years since September 11. And, there Federal penitentiary. If a death results amendment that I want to mention has remains some unfinished business that in connection with this crime, he or to do with material support for suicide needs to be addressed by this legisla- she can be punished by death or a term bombers and other terrorists. We hear tion, and my amendment will do just of years or for life; if serious bodily in- too often the difficulty in identifying that. jury to any individual results, then a and stopping suicide bombers before One of the things left to do is to tar- punishment of no less than 10 years or they can carry out their deadly at- get terrorist recruiting. The FBI and more than 25 years is available to the tacks. One incentive to those who de- other agencies have made it clear that judge. cide to carry out these attacks is fi- al-Qaida and other terrorist organiza- This is a commonsense measure, de- nancial rewards promised to the fami- tions are intent on attacking our coun- signed to fill a serious gap in our lies of suicide bombers who are assured try again and are busy recruiting those Criminal Code that, frankly, should that their families will be paid and who wish to join them. We know al- not continue to exist more than 5 years cared for after they commit their hei- Qaida is a patient enemy, waiting after September 11. This fits exactly nous acts. This provision would ban the years to attack—sometimes embedding with the stated purpose of this legisla- payment of financial rewards or other into society and appearing to be a part tion, and I hope our colleagues will material support to the families of sui- of the regular population until, but at vote in favor of this amendment. cide bombers such as Assad, a known a time of their choosing, rising out of Two other provisions in this amend- terrorist who has enticed people to en- their sleeper cells to attack innocent ment that again represent amendments gage in these attacks, with a promise civilians to accomplish their goals. that have been previously filed and are to pay their families up to $25,000, if According to congressional testi- pending but which I have now included my memory serves me correctly, as a mony, terrorists and terrorist sympa- in this consolidated amendment. One reward. This provision would ban the

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.065 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2779 payment of these types of financial re- the Deficit Reduction Act of 2005 and ognizes the critical need for effective wards and dry up a real incentive used provides additional guidance to the emergency communication and re- to induce or facilitate carrying out of a Commerce Department. sponse to natural disasters such as terrorist attack and send to prison The provision which I introduced tsunamis, earthquakes, hurricanes, and those who do so. with Senators STEVENS, KERRY, SMITH, tornados, in addition to terrorist at- I would add that this amendment and SNOWE was reported out of the tacks. also increases the punishments for committee with unanimous support of While the DHS program being cre- those convicted of providing material the Members. The Commerce Depart- ated would consider natural disasters support. The Department of Justice ment grant program is intended to as one of the many factors in awarding has told us that the material support jump-start the efforts of the adminis- of grants, the Department of Com- statute is one of the most important tration to address a key 9/11 Commis- merce Interoperability Grant Pro- anti-terror tools in their tool box, and sion concern—interoperability. gram’s all-hazards approach places a it is only right and appropriate that we The Department of Homeland Secu- high priority on funding States based use this opportunity to strengthen the rity has been and continues to be too on the threats they face from natural 9/11 bill with this important improve- slow to act, and the Coburn amend- catastrophes as well as terrorist at- ment to such an effective statute. ment would only exacerbate the prob- tacks. In conclusion, this amendment pro- lem. If the Coburn amendment were to We have heard two contradicting ar- vides real anti-terror and anti-crime pass, it would first decrease grants to guments to support the elimination of tools to the 9/11 bill and will ensure, as first responders this fiscal year by $700 the Department of Commerce grant the preface of this bill states, that it million; eliminate the $100 million fund program. The author claims both that will finish the unfinished business of for strategic reserves of communica- the DHS is doing all of the administra- the 9/11 Commission and of the Nation, tions equipment, designed to be rapidly tive work for the Department of Com- making us more secure, 5 years-plus deployed in the event of a major dis- merce grant program, and that there is since the dastardly attacks of 9/11. aster; and, third, eliminate the all-haz- a risk of double-dipping because the I yield the floor. ards approach that considers the likeli- DHS will not know who is receiving the CHANGE OF VOTE hood of natural disasters as well as ter- Department of Commerce grants. Both Mr. COBURN. Mr. President, on roll- rorist attacks that the Commerce De- claims cannot be right and, in fact, nei- call vote 62, I voted ‘‘yea’’, it was my partment would use making interoper- ther is true. The NTIA and the DHS intention to vote ‘‘nay’’. I ask unani- ability grants. Contrary to the Sen- have been working together for months mous consent that I be permitted to ator’s assertion, the Commerce Depart- to craft an agreement under which the change my vote since it will not affect ment Interoperability Grant Program two agencies will disburse the $1 billion the outcome. is complementary to and not duplica- raised from the DTV spectrum auction. The PRESIDING OFFICER (Mr. tive of the DHS grant program. On February 16, 2007, the DHS and OBAMA). Without objection, it is so or- First, the Department of Commerce the NTIA entered into a memorandum dered. will award all $1 billion in grants by of understanding covering the adminis- AMENDMENT NO. 345 September 30 of this year, while the tration of the grant program. While the Mr. INOUYE. Mr. President, I rise in DHS program as currently constructed DHS will play a large role in admin- opposition to amendment No. 345, is not authorized until fiscal year 2008, istering the grants, the NTIA will work which was submitted by Senator and is still subject to appropriations. with the DHS to establish the grant COBURN of Oklahoma. This amendment This money is needed now and should procedures, which will ensure that an diverts funds that Congress has des- be in addition to the regular appropria- all-hazards approach is followed and ignated to be obligated before October tion process, not awarded over the next that a strategic reserve equipment pro- 1 of this year through the Department 3 years as a substitute for appropria- gram is developed. of Commerce Interoperability Grant tions funding. Second, the program al- The interoperability subtitle further Program into a yet-to-be created lows the Administrator of the National ensures that the grants funded are con- Homeland Security grant program. Telecommunications and Information sistent with the Federal grant guid- This amendment is offered at the Administration to direct up to $100 ance established by the SAFECOM Pro- same time the President is proposing million of these funds for the creation gram within the DHS. As a result, the to decrease funding for State and local of State and Federal strategic tech- DHS will be fully aware of who is get- preparedness grants and firefighter as- nology reserves of communications ting grants and for what purposes. At sistance grants from the enacted fiscal equipment that can be readily deployed the same time, the NTIA will maintain year 2007 levels by $1.2 billion. in the event that terrestrial networks a leadership role in guiding the inter- To make matters worse, the amend- fail in times of disaster. operability grant program. The NTIA ment delays the obligation of $1 billion Should this occur—it did occur in has a long history of addressing inter- in interoperability grants by up to 3 Katrina—there is no comparable pro- operable communications issues, and it years. In the President’s 2008 budget gram created in the DHS grant pro- is vital that the administration help proposal, the administration reduces gram. The strategic reserve program is guide the DHS’s work. State and local programs by $840 mil- a necessary initiative that has not Since its creation, the NTIA has lion and assistance to firefighter been prioritized by the DHS to date. served as the principal telecommuni- grants by $362 million. Recently, an independent panel cre- cations policy adviser to the Secretary The transfer of the $1 billion the Fed- ated by Federal Communications Com- of Commerce and the President and eral Communications Commission will mission Chairman Kevin Martin to re- manages the Federal Government’s use raise as part of the digital television view the impact of Hurricane Katrina of the radio spectrum. According to As- spectrum auction to the Department of on communications networks noted the sistant Secretary Kneuer, the Adminis- Homeland Security will mask the tech- impact that limited pre-positioning of trator of the NTIA, the ‘‘intersection nical decrease in the budget request. In communications equipment had in of telecommunications policy and spec- the end, it means less money for the slowing the recovery process. As a re- trum management has been the key first responders, which I believe is bad sult, the program will help to ensure focus of the NTIA, including public for national security. that our focus on interoperability also safety communications and interoper- It is important to remember that as considers the importance of commu- ability issues.’’ part of the Deficit Reduction Act of nications redundancy and resiliency as In this capacity, the NTIA has his- 2005, Congress created the $1 billion well. torically played an important role in fund in the Department of Commerce Third, in addition to minimum fund- assisting public safety personnel and to support State and local first re- ing allocations, the Department of improving communications interoper- sponders in their efforts to talk with Commerce Interoperability Grant Pro- ability and recognizing that effective one another in times of emergency. gram would further require that solutions involve attention to issues of The interoperability subtitle in this prioritization of those funds be based spectrum and government coordination act expands upon prior action taken in upon an all-hazards approach that rec- as well as funding. Its work more than

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.066 SWEST PsN: S07MRPT1 S2780 CONGRESSIONAL RECORD — SENATE March 7, 2007 a decade ago in creating the Public the day before the tragedy of 9/11. It is focused on the long term, after addi- Safety Wireless Advisory Committee, called for those improvements to save tional planning is done, and would still formed by the FCC and the NTIA pur- lives on a daily basis. These solutions be several years away from even award- suant to Congress’s direction, framed are not geared just for the huge disas- ing grants, let alone implementing this issue in this way: ters but are also geared for the every- them. At the most basic level, radio-based voice day tragedies that can be avoided with It is time we finally deliver on our communications allow dispatchers to direct better communications and better promises to the police, firefighters, and mobile units to the scene of a crime and interoperability. emergency medical personnel. Those allow firefighters to coordinate and to warn Thanks to the work of the last Con- around the country really believe us, each other of impending danger at fires. gress, public safety stands ready to fi- and we believe we can deliver the tech- Radio systems are also vital for providing lo- nally receive the help that the FCC and nological reserves and interoperability gistics and command support during major NTIA called for more than 10 years communications that will help first re- emergencies and disasters such as earth- quakes, riots, or plane crashes. . . . ago. sponders now by moving forward with In an era where technology can bring news, Last year, the Congress set a hard the $1 billion public safety grant pro- current events, and entertainment such as date for broadcasters to turn over 24 gram, administered by NTIA. We really the Olympics to the farthest reaches of the megahertz of spectrum to public safety should not wait any longer. We cannot world, many police officers, firefighters, and for communications and interoper- plan indefinitely. It has been over 10 emergency medical service personnel work- ability. Right now, the FCC is exam- years, as I have said. These solutions ing in the same city cannot communicate ining proposals to maximize the take time to implement. We should with each other. Congested and fragmented broadband potential of that spectrum, move forward on these programs now. spectral resources, inadequate funding for technology upgrades, and a wide variety of which will bring great new services and With the Commerce program, public governmental and institutional obstacles re- capabilities to policemen, firefighters, safety will be able to move forward sult in a critical situation which, if not ad- and other emergency personnel. In ad- with real solutions and begin address- dressed expeditiously, will ultimately com- dition, Congress created a $1 billion ing the problems that have plagued our promise the ability of Public Safety officials interoperability grant program with Nation’s first responders for too long. to protect life and property. the funds that will be received from the We are able to come across some The Coburn amendment would dis- auctioning off of the rest of the spec- really interesting innovations, too. rupt the MOU, upset the work the trum recovered from broadcasters. Through the NTIA’s program, it is pos- NTIA and the DHS have undertaken, That program originated out of our sible to use communications concepts and delay the awarding of interoper- Senate Commerce Committee. The De- and bring about interoperability with- ability grants. partment of Commerce and Depart- out a large expenditure for new equip- Finally, the NTIA’s administration ment of Homeland Security have ment. This first $1 billion will stretch of the grant program will not only help signed a memorandum of under- real far if it is used on the plans of the to integrate the disparate elements standing to work together in this re- NTIA. If it is delayed—unfortunately, I think that is what the amendment of that must be part of effective inter- gard. operability solutions but will also en- Additionally, at the very end of the the Senator from Oklahoma would do. sure greater program transparency and Congress last year, we accelerated the It will really put us in the position oversight. Given the myriad of dif- granting of the awards as part of what where we cannot implement what has ferent grant programs administered by was called the Call Home Act. There- been done now. These people—first responders—have the Department of Homeland Security, fore, by law, the interoperability it is critical that these funds—specifi- been planning now for 3 years to get grants which are available must be this money, and it is going to be paid cally allocated by Congress to speed up awarded by September 30, 2007. Public our efforts to improve communications out this year under the program we safety has been waiting for a very long have already enacted into law. interoperability for first responders— time for these funds, and they finally I urge my friend from Oklahoma: not get lost in the shuffle of other dis- have a date-certain when the interoper- Don’t delay that $1 billion. I under- aster and nondisaster grants. As a re- ability grants will be awarded. stand there may be some concerns sult, the provisions not only devote the Having worked with the FCC and the about the $3 billion in this bill. Even NTIA’s attention to the success of this NTIA over the last decade, our Senate that, though, is money that will be program but also require the inspector Commerce Committee has watched as planned—it will be several years before general of the Department of Com- the public safety communications mar- it will be made available. The money merce to annually review the adminis- ket has evolved, and we have heard we have, the $1 billion that is already tration of this program. about a number of technological solu- provided by law, is available as soon as In sum, the Department of Commerce tions that may address both near-term it comes in. I think it will go a long interoperability grant program im- and long-term interoperability needs. way to meeting the immediate needs of proves the Nation’s security. Senator Internet protocol systems can be used first responders. COBURN’s amendment would delay the as bridges between otherwise incom- So I hope the Senator will not really awarding of needed interoperability patible communications systems now. persevere with his amendment. I under- grants and disrupts months of work by Strategic technological reserves can be stand his concerns, and we share the the NTIA and the DHS. Therefore, I created to quickly replace infrastruc- concerns of the use of money. I do be- urge my colleagues to vote against the ture that is destroyed in large-scale lieve, if you study the technology now, Coburn amendment. disasters. Hurricanes Katrina and Rita it is possible to put together—we have Mr. President, I yield the floor. demonstrated the need for portable one program where the National Guard The PRESIDING OFFICER. The Sen- wireless systems that are readily de- has a mobile unit that is equipped with ator from Alaska. ployed when a disaster destroys the ex- interoperability concepts that came Mr. STEVENS. Mr. President, since isting communications infrastructure. about through software. Using the soft- 2001, we have heard a growing cry from Standards development and dedicated ware on that vehicle, they can bring public safety officials that police, fire- interoperability channels facilitate about interoperability with any system fighters, and emergency medical re- planning and incident management be- anyone uses in the first-responder era sponse personnel throughout the coun- tween agencies. today. try need help to achieve interoper- All of these solutions can be achieved If we move forward on those things ability in today’s communications now and are provided for by the provi- we can do now, immediately, with world. sions of the Commerce Committee’s interoperability—brought about Sadly, this problem actually pre- interoperability provisions. Unfortu- through the use of technology—it will dated September 11. More than a dec- nately, the amendment of my friend, save us a lot of money in the long run. ade ago, the FCC and the National the Senator from Oklahoma, would I believe this $1 billion will dem- Telecommunications and Information delay all of these solutions. That would onstrate we can do this, make this Administration formed the Public be unfortunate for public safety and interoperability capability available to Safety Wireless Advisory Committee to very harmful to the public. our first responders at a lot less money examine the communications needs of The Homeland Security Committee than other people believe. I think this first responders and public safety offi- has created its own interoperability $1 billion is needed, and it will go a cials. That report called for more spec- program that is separate from the long way. trum, technological solutions, and Commerce $1 billion program. How- The PRESIDING OFFICER. The Sen- more funding, and was filed 5 years to ever, that program is a separate one. It ator from Oklahoma.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.069 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2781 Mr. COBURN. Mr. President, first of to certain things when we sell spec- the money isn’t going to go out by all, let me compliment the chairman trum. I would tell my colleagues most your day. There isn’t one application and ranking member for their foresight Americans would say: You are going to right now at the Department of Home- in making sure we have the capability give grant money, but you don’t know land Security for this money. We all to have interoperability, with the wis- how much you are going to give and know how Washington works. They dom of taking spectrum and putting it you are not going to give it on the haven’t even written the requirements specifically for that. basis of competition in allocation of for the grant applications yet, which I want to answer several of the ques- those resources because you have a will take another 90 to 120 days. So we tions that have been raised because date to meet that doesn’t fit with fiscal have a laudable goal that is not going they are somewhat peculiar to me. responsibility. It doesn’t fit with the to be accomplished, and if it is going to But before I do that, Mr. President, I best outcome or the ability to follow be accomplished, it will be accom- ask unanimous consent that Senator up to see what happened with the plished in a very inefficient and waste- KYL be added as a cosponsor to this money. So we do have a date in the law ful way, which the American people amendment. by which they have to do it. But how don’t deserve. The PRESIDING OFFICER. Without are they going to do it, because the I think this is a very good chance for objection, it is so ordered. date in there is wrong. They are liable us to talk about what is wrong with us Mr. COBURN. Mr. President, I say to to give the wrong people too much in the Congress. We are working at the Senator, I would also like to note money and the right people not cross purposes. We have one committee working here and one committee work- that one of the members of your com- enough, because we are telling them ing here, rather than solving those mittee, who was instrumental in bring- what they have to do. ing this interoperability grant program The second thing—let me put up a problems for the best interests of our country. I want Hawaii to have every- to the floor, is also a cosponsor of my chart. These programs are identical, thing it needs in terms of tsunami pre- amendment, realizing we do not need even though you claim they are not. vention, in terms of interoperability. I both programs and that they need to be Let me show my colleagues how they know there are special requirements in combined. are identical. Under the PSIC grant Now, what does DHS tell us about the the State of Alaska because line of programs, they are State and regional sight can’t be used and much of our present grant program? Here is what planning; under the DHS program, they they tell us. And I say to the American emergency frequencies require some of are State and regional planning. Under that. I believe we can take care of public, you ask yourself if you want the system design and engineering, your Government to run this way. those problems and combine these PSIC; same thing under DHS. System grant programs in a way that the What they say is: We can meet the Sep- procurement and installation; same American taxpayer gets value, in a way tember 30 deadline, and we may be able thing under DHS. Technical assistance, where we can measure the account- to tell you who is going to get grants, the same. Implementing a strategic ability of what we do, in a way in but we are not going to be able to tell technology reserve is the only dif- which we can have transparency for you, anywhere close, how much money ference, but guess where it is made up. the dollars we get in reauctioning the they are going to get. So they can tell ‘‘Other appropriate uses as determined spectrum, and plus the other $3.4 bil- them who will get the grants because by the administrator of FEMA.’’ Do lion that is going to come out in terms that is what the law says, but they will you think they are not going to put in of appropriated funds for these other never have the capability, for several that reserve there? They certainly are. grant programs. The American people months thereafter, to know how much They are going to do it. want that. They deserve that. money they are going to get. So no- So there is no difference in the grant To me, this isn’t about a turf battle body is going to buy anything until the programs whatsoever, other than the of control. To me, this amendment is actual grants are going to be awarded. deadline, which isn’t going to be fol- about common sense for the American Let’s clear up the difference between lowed anyway. Like I say, I don’t care public to combine two programs into the Departments of Commerce and if this is at Homeland Security or Com- one so we spend less money, and we Homeland Security. No. 1, Homeland merce, I would as soon it be at Com- don’t duplicate things and we don’t du- Security has the authority for inter- merce in terms of the spectrum. plicate efforts. operable communications. I do not care But the fact is the American people I understand and appreciate very where this grant program is, quite shouldn’t have to pay for the adminis- much the long service of Senator frankly. I do not care if it is at Home- tration of two separate programs run- INOUYE and Senator STEVENS and their land Security or at Commerce. I do not ning parallel with two separate sets of commitment to making sure these care. But what I do know is, out of that requirements to Congress. We ought to things are coming through. I am not $1 billion, the only thing the Depart- get them together. We ought to figure trying to be a fly in the ointment to ment of Commerce is going to keep is out how we do it so we have one grant, mess up what are very good-intended $12 million with which to use to an- and if, in fact, we need $4.3 billion. The results, but I am a realist. The very nounce the grants. That is what they problem is, we don’t know how much things my colleagues have asked to have told us. So $988 million out of money we need. We are throwing happen in the Budget Act that was that—the rest of that money—is going money at it. passed are not going to happen. Home- to go for grants, administered by, con- The second question I would ask is if land Security has said that. So if those trolled by, run by Homeland Security. this program belongs at Commerce, things aren’t going to happen, and if So if the problem with my amend- why Commerce agreed to give 99.9 per- the fears of what isn’t going to happen ment is that the money isn’t going to cent of it to FEMA and to the Depart- can be allayed, can we not figure out a get out there to do it, Homeland Secu- ment of Homeland Security. They way to put these programs together rity has already said the money isn’t don’t think it belongs there. where the American people get the best going to get out there to do it. Com- The other point I would make in re- value, and also as a part of my amend- merce has already said the money isn’t buttal to the Senator from Hawaii is ment which says: Can we look to the going to get out there to do it. We this amendment doesn’t decrease fund- private sector to not just give us inter- know who will get money, but the ing at all. This takes $3.3 billion and an operability in Hawaii among National money won’t get out there regardless amount greater than $1 billion and Guard and first responders, but how of what they have said, because they combines it so the same amount of about between California and Arizona, just came to an understanding of the money is there, except it is going to or Texas and Oklahoma, or Maryland agreement 3 weeks ago on admin- make the money be spent better. It is and New York, if they need Maryland istering this money. going to allow us the time to do it. first responders there, which has not I think it is very wise what the chair- I agree we need to get money out to been addressed in any of the legislation man and ranking member have done in our primary responders. This isn’t that has been put forward. There is terms of allocating resources. As a about trying to hold that up. I am not great technology out there. There are matter of fact, I applaud them for that. trying to do that. But the Department great companies out there that could I think it is wise to dedicate resources of Homeland Security has already said do that.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.070 SWEST PsN: S07MRPT1 S2782 CONGRESSIONAL RECORD — SENATE March 7, 2007 Again, without desiring to interfere series of things. But again, I empha- in our Federal Government today is or upset, I believe the application of size, it can be used for software, for the indiscriminate, rushed issuing of some pretty commonsense principles systems to make current systems grants, of throwing money at some- ought to be applied to these two grant interoperable without buying a whole thing, rather than a measured response programs. I am willing to discuss with bunch of new equipment, wherever it is of grants. the chairman and the ranking member made, whether it is made in Oklahoma These aren’t competitive grants, I how to do this a different way. I am or California. It is not going to be would remind the people who are lis- raising it on the floor because I think made in Hawaii or Alaska, I can tell tening to this debate. There is no com- the taxpayer is not getting good value, you that. petition for this money. You don’t have and I think we ought to talk about But as a practical matter, what we to compete by saying you have a great- that. are interested in is making every enti- er need than somebody else or you have The National Taxpayer Union en- ty in the country that is involved with a greater risk than somebody else. This dorses this amendment. The Citizens interoperability problems to be able to is money that is going to go out, pe- Against Government Waste endorses make an application for these grants riod. It is not based on competition for this amendment. Your very own com- immediately after September 30. The the greatest need or the greatest risk. mittee member, who was one of the Senator from Oklahoma would limit The last thing we need to be doing is first people to say we should have auc- that in this fiscal year to $300,000. By having a grant program that is rushed tioned spectrum for first responders, is the way, none of it is even going to be so we are not making sure the money a cosponsor of this amendment. So I available until September 30. So it is is well spent. In the last 2 years we am willing to defer to what the rank- one of those things that is sort of dif- have discovered $200 billion of waste, ing member and the chairman of this ficult to understand. We can’t have fraud, abuse, or duplication in the dis- committee want to do, but I think we much available in fiscal year 2007. We cretionary budget of the Federal Gov- ought to stick it out here until we can can have money available this year, in ernment—$200 billion. We would have work a way for the American people to the calendar year 2007, under the exist- enough money to pay for the war, pay get better value, better clarity, better ing law. for expanding the military in this transparency, and better account- I urge the Senate not to repeal exist- country, and cutting our deficit in half ability for these funds. ing law, to make this money available. if we would do our job in terms of I yield the floor. It is in a memorandum of under- eliminating duplication, fraud, abuse, The PRESIDING OFFICER. The Sen- standing between these two agencies. and waste. ator from Alaska is recognized. We are not trying to usurp the func- What this amendment is about is Mr. STEVENS. Mr. President, I think tions of Homeland Security. We are let’s don’t waste any of this $1 billion the Senate should be sure of what the trying to meet the needs of commu- these two gentlemen have so wisely put Coburn amendment does. In the first nications. That is our job. We have for one great purpose. place, it repeals the section of the Call done our job. The existing law will So that is my intention today, I as- Home Act that was enacted in the last make $1 billion available as of Sep- sure the Senators from Alaska and Ha- Congress that makes this $1 billion tember 30. I do not think it should be waii. We all know how homeland secu- available to NTIA immediately upon repealed. rity works. We have seen all too well receipt. Secondly, it says the payments The PRESIDING OFFICER. The Sen- some of the failings and lack of effi- that are made under that $1 billion al- ator from Hawaii is recognized. ciency and lack of responsiveness in location must be made under the terms Mr. INOUYE. Mr. President, listening that agency. To now assume the other of section 1809 of the Homeland Secu- very carefully to the statement of the side of that, that that is going to hap- rity Act of 2002. Then it has this sec- Senator from Oklahoma, one might get pen overnight because we have man- tion, subsection (c) on page 2 of the the impression that this measure was dated by law—if it does, it will be a amendment, which limits the awards submitted by the Senators from Alaska very poor choice of the use of this under that section to $300,000 in 2007, and Hawaii to benefit our two States. money. $350,000 in 2008, and $350,000 in 2009. Ex- Hawaii and Alaska are not even men- I thank the Senator from Hawaii and isting law makes that $1 billion avail- tioned in this amendment. What we the Senator from Alaska for their de- able as of September 30 of this year. want is a National Interoperability bate on this issue. My goal was to have So the Senator is not only changing Grant Program. It may be of interest a debate about whether we should have the manner in which the money can be that the State of Hawaii is almost two programs and whether we should used as opposed to what we enacted in completely interoperable, but we want waste money. It is not about the de- the last Congress, but he is putting all other States to have that benefit. bate of whether we need to have 911 limitations on the grants that can be So this is not one of these earmarked interoperability and the functionality made out of the $1 billion so that only measures, I can assure my colleagues. that needs to be there in all the States. $300 million is available this year—$300 I yield the floor. But we should look at the whole as million for the whole Nation to meet The PRESIDING OFFICER. The Sen- well as the individual. I compliment the immediate needs for interoper- ator from Oklahoma is recognized. them on finding a funding stream that ability. Mr. COBURN. First, let me sincerely doesn’t add to our children’s debt. Un- We had before our committee the so- apologize to the Senator from Hawaii if fortunately, we have not done that in called siren call proposal to take over he took my words to mean that. I did this bill with the other grants, which I the whole of the spectrum and turn it not mean that. I referred to his words think is a mistake. over to a trust and let that trust sell in terms of tsunami. I have no infer- My hope is we will be able to have a some of this so they could make even ence whatsoever that this has any pa- vote on this amendment before we go more money available in the first year. rochial interest of either the Senator to cloture—or even after cloture—be- We have spoken about that, and it is a from Hawaii or the Senator from Alas- cause it is germane, and we can defend no-brainer to do that. That would cre- ka. But it is interesting that the de- the germaneness of this amendment. ate a trust that is equivalent to com- bate doesn’t ever come back to the fact With that, I yield the floor. pete with the FCC on the sale of the of whether we have two programs; it is Mr. STEVENS. Mr. President, I in- first spectrum and it would reduce the all about the money. The fact is the tend to make a motion to table. I have money that is coming in on the first money will not get out there. Home- discussed it with the leader. I think he sale, so we could get enough money to land Security has already said that. would like to have that vote take place pay the $1 billion. But the $1 billion Now, the reason the $350 million—not at 6:15. Would the majority floor staff has been promised to these first re- thousand—was chosen is because at the confirm that. sponders as of September 30 under the same time this happened, you are going Mr. INOUYE. I think that would be memorandum of agreement between to have another $1 billion come appropriate. Homeland Security and the NTIA. It through in—the fiscal year is going to Mr. STEVENS. Mr. President, tempo- can be administered and it will be ad- be over this year on September 30 of rarily, I suggest the absence of a ministered. It will be used for a whole 2007. The worst problem that happens quorum.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.071 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2783 The PRESIDING OFFICER. The in Louisiana and Mississippi, along the FEMA’s Public Assistance Program clerk will call the roll. gulf coast. and HUD’s CDBG Program have sepa- The legislative clerk proceeded to The Landrieu amendment seeks to rate accounting requirements and sepa- call the roll. waive the 10-percent match so that the rate environmental assessment re- Ms. LANDRIEU. I ask unanimous billion dollars would then be available quirements. consent that the order for the quorum to go to infrastructure projects. But al- For the State to apply funding from call be rescinded. most as important as the extra money this source for every single project The PRESIDING OFFICER. Without that could be applied to the disaster re- would require approximately $20,000 per objection, it is so ordered. covery itself, 95 percent of the red tape project. That translates into nearly Ms. LANDRIEU. While the Senator would be eliminated because, under the half-a-billion dollars wasted on admin- from Alaska is checking on the other current program, there are three or istrative paperwork. amendment, I ask unanimous consent four different reviews, different regula- The State has asked for a single set to speak on another amendment. tions between HUD and FEMA. All of of standards, but FEMA would not The PRESIDING OFFICER. Without the administrative efforts we have agree to this. objection, it is so ordered. made to date have been for naught be- The State has asked permission to The Senator from Louisiana is recog- cause nothing has been waived. So the provide a single payment to cover the nized. solution is this amendment. 10 percent match, after adding its share AMENDMENT NO. 295 I am going to ask this body to vote of all the pending projects, but FEMA Ms. LANDRIEU. Mr. President, I un- on this amendment, on this waiver. would not allow this either. derstand the Senator from Alaska is The amazing thing about this is that This Global Match would save thou- working out a vote on the amendment because the President has the option to sands of man-hours and hundreds of that was just discussed. I wished to do this now, there is no cost to this millions of dollars. come to the floor to talk about the amendment; it scores at a zero. I know Louisiana has not been able to cut Landrieu amendment that is pending it is counterintuitive, but the score on through the red tape though, and has on this bill and to also say I have been this amendment is zero. There can be been told it must waste this money on joined in this amendment by Senators no point of order raised against it. It duplicative bureaucratic procedures. STEVENS, LIEBERMAN, KENNEDY, OBAMA, doesn’t technically cost anything. Be- This money could be reinvested into MARTINEZ, and VITTER, and others may cause of that and the obvious merits of housing, infrastructure, and economic join as we push forward on this amend- the waiver, which were done in this development, in order to bring fami- ment to the underlying bill. case and done 38 other times, we are lies, communities, and businesses back This amendment has to do with a asking for it to be done for Hurricanes to life in the Gulf region. Gulf coast States lost their tax base waiver provision, to waive the 10-per- Katrina and Rita, for Mississippi and after properties were destroyed all over cent match that is normally required Louisiana, and also for Hurricane the region. The hurricanes claimed when a disaster strikes a community— Wilma, which is caught up in this gen- over 275,000 homes and 20,000 busi- and for good reason. We have required eral disaster as well. in the past for the local governments, nesses. I thank those who have cosponsored Progress is being made but many based on their capacity to pay for part this amendment with me. I thank Sen- of the recovery, to put up anywhere challenges remain. ator STEVENS for being able to let me In communities where the damage from 25 percent to 10 percent. But on speak as he decides on votes for the was most severe, the struggle con- occasion, we have waived the 10-per- pending amendment. I am going to ask tinues to rebuild economic infrastruc- cent or the 25-percent requirement the leadership to schedule a vote be- ture and restore vitality. Local govern- when it becomes apparent that the dis- cause it is most certainly justified and ments have had to lay off thousands of aster is so overwhelming, the ability could be done administratively but has employees, and pay those who remain for these communities to repay is vir- not been. Congress has a responsibility with money they receive from Federal tually impossible. That has been done to act, to do what is right, fair and loans. over 38 times in the past. Most re- helpful and to eliminate the red tape in I would like to briefly talk about the cently, it was done with Hurricane An- our communities, in my case, from St. situation in several of these commu- drew. That was a terrible storm. It Bernard Parish to Cameron Parish, nities. doesn’t look like it on this graph, but from Biloxi and Pascagoula, all the Cameron Parish in Southwest Lou- Hurricane Andrew, believe me, for the way over to places in south Texas that isiana is home to 9,681 people. people in Homestead, FL, was the end are still hurting and deserve to have It was the site of landfall for Hurri- of the world. Literally, their town was this waiver so they can spend money cane Rita on September 24, 2005, and crushed. not on red tape but on roads, bridges, the eye of the storm passed directly Prior to Katrina and Rita, that storm houses, and schools that need to be re- over it. was the costliest storm, causing $40 bil- built so America’s energy coast can get Winds exceeding 110 miles per hour lion in damage to parts of Florida. Un- back to work. pounded the parish for more than 24 fortunately for Florida, they have been Katrina and Rita were the first and hours, and storm surges 15 to 20 feet hard hit ever since. But for discussion third costliest disasters in American high submerged it completely. purposes, this is $139 per capita—a ter- history, but Louisiana and other states The Cameron Parish School Board rible storm but not a lot of money per impacted by these storms have not re- has reported that 100 percent of its fa- capita. The World Trade Tower attack ceived a similar waiver. cilities need repairs, and 62 percent was a terrible tragedy in our Nation, Unfortunately for State and local were totally destroyed. which is why this bill is being dis- governments in Louisiana, 10 percent Only two public buildings, the Parish cussed; the damage was $390 per capita. translates into more than $1 billion courthouse and the District Attorney’s Mr. President, look and see what the dollars that must be sent back to office were left standing. Both are in Katrina and Rita double whammy and Washington. need of extensive repairs. subsequent breaking of the levees cost Louisiana has over 23,000 Project Other buildings destroyed include: 5 per capita in Louisiana—$6,700. It is lit- Worksheets pending, and Mississippi fire stations, 4 community recreation erally off the chart. has over 10,000. centers, 4 public libraries, 3 parish This has been part of the problem in Some people have suggested that the maintenance barns, 2 parish multi-pur- Washington—not you, Mr. President, States provide this matching funding pose buildings, ‘‘Courthouse Circle,’’ because you came down and Senator on behalf of the local governments. Cameron Parish Police Jury Annex LIEBERMAN came down and the Senator Let me explain why that will not Building, Cameron Parish Sheriff’s De- from Alaska came down and walked work. partment Investigative Office, The the neighborhoods, so you understand All of the State’s money for assist- Cameron Parish Health Unit, Cameron it. But this is literally off the chart— ance to local governments exists in the Parish School Board Office, Cameron what is happening in terms of the form of Community Development Parish Mosquito Control Barn, and the amount of disaster recovery going on Block Grants. Waterworks district 10 office.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.073 SWEST PsN: S07MRPT1 S2784 CONGRESSIONAL RECORD — SENATE March 7, 2007 Katrina produced a category 5 surge that must be sent back to Washington. program funds more wisely. However, given and winds in excess of 125 miles per Louisiana has over 23,000 project work- the magnitude of this disaster and the ex- hour when it made landfall in St. Ber- sheets pending, and Mississippi has tremely difficult circumstances that Lou- isiana and many Gulf Coast communities nard Parish. over 10,000. Some people have suggested now face, we believe that the most appro- As the storm surge traveled across that the States provide this matching priate step for the Federal government is to Lake Borgne and up the Mississippi funding on behalf of the local govern- waive the match requirement in this case. River Gulf Outlet, MRGO, it over- ments. There are several reasons why While the people of Louisiana are grateful topped the levee along the northern that will not work. to the nation for the help that they have re- edge of the urbanized area of St. Ber- All of the State’s money for assist- ceived, the State still confronts a massive nard Parish, and broke through the ance to local governments exists in the shortfall between the dollars that have come in from all sources and the real costs of re- levee on the Industrial Canal in New form of Community Development covery, a shortfall that the state estimates Orleans’ Lower 9th Ward. Block Grants. to be $40 billion. The $1 billion in matching Water from both levee breaks flooded FEMA’s Public Assistance Program funds that Louisiana could be required to most of the parish inside to depths of and HUD’s CDBG Program have sepa- send to the Federal government could be bet- up to 14 feet. Flood waters remained rate accounting requirements, separate ter spent on rental assistance, mental for approximately 3 weeks. non-discrimination requirements, and health, school infrastructure and a variety of Most structures outside the hurri- separate environmental assessment re- other needs that have fallen through the cracks of the Stafford Act. cane levee protection systems have quirements. Although FEMA regulations encourage the been entirely destroyed and removed For the State to apply funding from President to require a 10 percent match for by the storm surge, estimated to be be- CDBG for every single project, would the PA program, the Stafford Act clearly tween 20 and 30 feet. require approximately $20,000 per gives the President the discretion to waive A flood-related breach of a nearby re- project. That translates into nearly this matching requirement. To be certain, finery’s oil tank released about 1 mil- half-a-billion dollars wasted on admin- this is not a request without precedent or be- lion gallons of crude oil, further dam- istrative paperwork. yond the scope of the Federal government’s aging approximately 1,800 homes and The State has asked for a single set earlier decisions. Since 1985, FEMA has granted waivers on the state match for pub- polluting area canals. of standards, but FEMA would not lic assistance in 32 different disasters. Yet Fishing communities in the eastern agree to this. The State has asked per- having been battered by the first and third areas of the parish were destroyed. mission to provide a single payment to worst hurricanes in United States history, Less than a month after Katrina, an cover 10 percent match, after adding its Louisiana must still meet the match require- 8-foot storm surge from Hurricane Rita share of all the pending projects, but ment. breached recently repaired levees, and FEMA would not allow this either. Per capita cost is the usual determinant again caused widespread flooding in regarding the need for a match. Louisiana’s This Global Match would have saved cost per capita was approximately $6,700. the parish. thousands of man-hours and hundreds This is contrasted with two earlier cases In all, 127 St. Bernard citizens died, of millions of dollars, Louisiana has where the state match was waived. In New about 68,000 people were displaced, and not been able to cut through the red York, after September 11th, the cost per cap- 100 percent of the parish housing stock, tape though, and has been told it must ita was $390.00. In Florida, after Hurricane over 25,000 units, was either destroyed waste this money on duplicative bu- Andrew, the cost per capita was $139.00. or damaged so severely that it became reaucratic procedures. These numbers, taken alone, illustrate the uninhabitable. This money could be reinvested into unprecedented level of damage that Lou- All parish businesses and government housing, infrastructure, and economic isiana has suffered and the massive scale of buildings, and most utility systems, the challenge before us. However, taken with development, in order to bring fami- the realities that are evident when you visit were also destroyed. Damaged levees, lies, communities, and businesses back the Gulf Coast and speak to state and local decimated wetlands, and the still-open to life in the Gulf region. It makes very officials, it is clear that your decision to MRGO have left the parish vulnerable little sense to require communities to waive this requirement is not only prudent, to future storms. put up this match in their current fi- but vital to the recovery effort. Prior to Katrina, there were approxi- nancial condition. Doing so will only In short, basic equity and previous prece- mately 25,123 occupied housing units in serve to delay rebuilding across the re- dent argues that Louisiana’s state match be St. Bernard Parish, consisting mostly waived. We appreciate your attention to this gion. These hurricanes caused the matter, and look forward to your assistance. of single family homes and apartments. greatest natural disaster in the history With sincere regards, After the storms, the entire housing of this country. Sincerely, stock of the parish was submerged This amendment offers the same HARRY REID, under storm water, for nearly 3 weeks treatment to victims along the Gulf U.S. Senator. in many areas. Many homes in the par- coast, that we have offered disaster MARY L. LANDRIEU, ish are damaged beyond repair and may victims on 32 other occasions. If we fail U.S. Senator. need to be demolished. JOSEPH I. LIEBERMAN, to act, we will have abandoned federal U.S. Senator. By the time the waters receded, more precedent in the midst of our county’s The PRESIDING OFFICER. The Sen- than 80 percent of the housing stock worst disaster, and we will allow ator from Alaska is recognized. had been damaged. FEMA to continue wasting hundreds of It makes very little sense to require Mr. STEVENS. Mr. President, I make millions of taxpayer dollars on unnec- a motion to table the Coburn amend- communities to put up this match in essary duplication and waste. their current financial condition. ment No. 345 and ask unanimous con- I ask unanimous consent that a let- sent that the vote commence at 6:15 Doing so will only serve to delay re- ter to the President be printed in the building across the region. this evening. RECORD. The PRESIDING OFFICER. Is there If we fail to act, we abandon Federal There being no objection, the mate- precedent, and we allow FEMA to con- objection? rial was ordered to be printed in the Without objection, it is so ordered. tinue wasting hundreds of millions of RECORD, as follows: AMENDMENT NO. 299 TO AMENDMENT NO. 275 taxpayer dollars on duplication and U.S. SENATE, Mr. STEVENS. Mr. President, I ask waste. Washington, DC, February 9, 2007. unanimous consent that the pending I remind my colleagues that these The PRESIDENT, amendment be set aside so I may call hurricanes caused the greatest natural The White House, up amendment No. 299. disaster in the history of this country. Washington, DC. The PRESIDING OFFICER. Without I ask only that we offer the same treat- DEAR MR. PRESIDENT: As you are aware, FEMA regulations call for a ten percent objection, it is so ordered. ment to victims along the Gulf coast The clerk will report. that we have offered victims on 32 match for every dollar made available through FEMA’s public assistance program The legislative clerk read as follows: other occasion. in connection with the effort to recover from The Senator from Alaska [Mr. STEVENS], Unfortunately for the State and local Hurricanes Katrina and Rita. We understand for himself, and Mrs. CLINTON, and Mr. governments in Louisiana, 10 percent that requiring states to match federal ex- INOUYE proposes an amendment numbered translates into more than $1 billion penditure helps to encourage states to spend 299 to amendment No. 275.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.028 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2785 Mr. STEVENS. Mr. President, I ask funds are only advanced, the CBO has Obtaining funding for this grant program unanimous consent that reading of the informed us that this amendment does as soon as possible is critical to allow under- amendment be dispensed with. not score. funded PSAPs to obtain the resources they The PRESIDING OFFICER. Without The National Emergency Number As- need to upgrade their wireless E9–1–1 capa- sociation that focuses on 911 recently bilities and for necessary staffing and train- objection, it is so ordered. ing needs. Currently, nearly half of the coun- The amendment is as follows: announced that more than 20 percent ties in the United States do not contain a (Purpose: To authorize NTIA to borrow of the country doesn’t have enhanced PSAP with the ability to precisely locate against anticipated receipts of the Digital 911 capability. That 20 percent is in wireless 9–1–1 calls. Therefore, we were Television Transition and Public Safety rural America and covers 50 percent of pleased with the introduction of the 911 Mod- Fund to initiate migration to a national the counties of our country. ernization Act (S. 93) by Vice-Chairman Ste- IP-enabled emergency network capable of There is a matching fund require- vens which would provide NTIA with ad- receiving and responding to all citizen ac- ment in the underlying law to ensure vanced borrowing authority for the $43.5 mil- tivated emergency communications) that this money is spent wisely by pub- lion provided in the Deficit Reduction Act At the end of the amendment, insert the lic safety entities that are committed and make those funds immediately available following: to improve the 911 calling capability of for grants. We strongly support ensuring TITLE XIV—911 MODERNIZATION the citizens. This means that local gov- that immediate funding is provided for 9–1–1 and hope your offices will work together to SEC. 1401. SHORT TITLE. ernments must match under the law, make this legislation, and 9–1–1 funding in This title may be cited as the ‘‘911 Mod- and this enables us to know there is general, a priority. ernization Act’’. local support for the activities that In addition to the 911 Modernization Act, it SEC. 1402. FUNDING FOR PROGRAM. would be financed by this money. is also imperative that Congress provide suf- Section 3011 of Public Law 109–171 (47 The amendment has the support of ficient funding to NHTSA and NTIA in the U.S.C. 309 note) is amended— the Association of Public Safety Com- FY 2008 budget for ENHANCE 911 Act grants (1) by striking ‘‘The’’ and inserting: munications Officers International and and for the administration of the 9–1–1 Im- ‘‘(a) IN GENERAL.—The’’; and the National Emergency Numbering plementation and Coordination Office (ICO). (2) by adding at the end the following: Providing this funding will ensure that the Association. I will submit a letter from ‘‘(b) CREDIT.—The Assistant Secretary may potential of the ENHANCE 911 Act to greatly borrow from the Treasury, upon enactment these two premier 911 public safety or- improve 9–1–1 service is fully realized. Thank of this provision, such sums as necessary, ganizations for the RECORD. With this you for your continued leadership on 9–1–1 but not to exceed $43,500,000 to implement borrowing authority, the NTIA could and emergency communications issues and this section. The Assistant Secretary shall get the money out to the public safety we look forward to continue working with reimburse the Treasury, without interest, as community now. The funds will be re- you and your staff on these and other impor- funds are deposited into the Digital Tele- placed, and enhanced 911 calls can tant issues. vision Transition and Public Safety Fund.’’. begin saving lives in more of rural Sincerely, SEC. 1403. NTIA COORDINATION OF E–911 IMPLE- America. This is absolutely essential. JASON BARBOUR, MENTATION. President, NENA. Again, 50 percent of our counties do Section 158(b)(4) of the National Tele- WANDA MCCARLEY, communications and Information Adminis- not have the ability to move forward President, APCO tration Organization Act (47 U.S.C. 942(b)(4)) unless this money is made available. International. is amended by adding at the end thereof the Borrowing the money now, so it will be Mr. STEVENS. Mr. President, I sug- following: ‘‘Within 180 days after the date of repaid out of the spectrum auction, is gest the absence of a quorum. enactment of the 911 Modernization Act, the the best way to proceed. The PRESIDING OFFICER. The Assistant Secretary and the Administrator I ask unanimous consent that the shall jointly issue regulations updating the clerk will call the roll. letter I mentioned be printed in the The legislative clerk proceeded to criteria to provide priority for public safety RECORD. answering points not capable, as of the date call the roll. There being no objection, the mate- Ms. LANDRIEU. Madam President, I of enactment of that Act, of receiving 911 rial was ordered to be printed in the calls.’’. ask unanimous consent that the order RECORD, as follows: Mr. STEVENS. This amendment has for the quorum call be rescinded. FEBRUARY 5, 2007. The PRESIDING OFFICER (Ms. been cosponsored by Senators CLINTON, Hon. DANIEL INOUYE, CANTWELL). Without objection, it is so INOUYE, SMITH, SNOWE, and HUTCHISON. Chairman, Committee on Commerce, Science, Mr. President, 911 calls provide the ordered. and Transportation, U.S. Senate, Wash- (The remarks of Ms. LANDRIEU are first line of defense in the safety of our ington, DC. printed in today’s RECORD under citizens and is critical to public safety Hon. TED STEVENS, ‘‘Morning Business.’’) personnel. Vice-Chairman, Committee on Commerce, Science, and Transportation, U.S. Senate, Ms. LANDRIEU. I suggest the ab- Technological advances now allow 911 sence of a quorum. calls to provide more information, such Washington, DC. DEAR CHAIRMAN INOUYE AND VICE-CHAIR- The PRESIDING OFFICER. The as the caller’s location and telephone MAN STEVENS: As you know, the 9–1–1 system clerk will call the roll. number. In too many parts of the coun- is the connection to the public for daily The legislative clerk proceeded to try, the public safety community emergencies and also plays a vital role in call the roll. doesn’t have the technology needed to more significant homeland security events, Ms. LANDRIEU. Madam President, I receive location or other information. from reporting on a potential outbreak to ask unanimous consent that the order They need funding help to upgrade hazardous materials spills. In fact, as the for the quorum call be rescinded. their equipment so this is possible. connection to the general public, 9–1–1 cen- ters are likely to be the first to know of a de- The PRESIDING OFFICER. Without Congress previously allocated $43.5 veloping homeland security event. Thus, it is objection, it is so ordered. million as part of the Deficit Reduc- imperative that our 9–1–1 system be ade- AMENDMENT NO. 295, AS MODIFIED tion Act of 2005 for E–911 grants, so the quately funded to ensure that all Americans Ms. LANDRIEU. Madam President, I 911 system can be upgraded. However, have access to a 9–1–1 system that is fully send to the desk a modification to my as it currently stands, the grants can- prepared to respond to requests for help in amendment. not be awarded until after the digital every situation. Ms. COLLINS. Madam President, I television proceedings are completed. Congress took steps to address the funding needs of 9–1–1 by passing the ENHANCE 911 have no objection to the modification. Our amendment would add the 911 Act of 2004. Unfortunately, no appropriations The PRESIDING OFFICER. Without Modernization Act, S. 93, to this bill, were provided for grants in the 109th Con- objection, the amendment is so modi- which passed unanimously out of the gress. However, thanks to your leadership, fied. Commerce Committee several weeks the Deficit Reduction Act of 2005 (P.L. 109– The amendment, as modified, is as ago. 171) did include a provision that requires follows: This would allow the National Tele- $43.5 million in spectrum auction proceeds to At the end of title XV, add the following: communications and Information Ad- be allocated for grants to Public Safety An- SEC. llll. FEDERAL SHARE FOR ASSISTANCE swering Points (PSAPs) authorized by the ministration to borrow $43.5 million RELATING TO HURRICANE KATRINA ENHANCE 911 Act. Currently, those grant OF 2005 OR HURRICANE RITA OF from the Treasury to fund the Enhance funds will not be available until sometime in 2005. 911 Act Grant Program in advance of late 2008 or 2009 after auction revenues are (a) IN GENERAL.—Notwithstanding any the spectrum auction. Because these deposited into the Treasury. other provision of law, the Federal share of

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.074 SWEST PsN: S07MRPT1 S2786 CONGRESSIONAL RECORD — SENATE March 7, 2007 any assistance provided under section 406 of Lugar McConnell Thune know who is managing large sums of the Robert T. Stafford Disaster Relief and Martinez Sessions McCain Thomas money for wealthy foreign investors. Emergency Assistance Act (42 U.S.C. 5172) For example, it was recently reported because of Hurricane Katrina of 2005 or Hur- NOT VOTING—4 that a Boston-based private equity ricane Rita of 2005 or Hurricane Wilma of Biden Johnson firm, Overland Capital Group, Inc, is 2005 shall be 100 percent. Crapo Kyl (b) EFFECTIVE DATE.—This section shall under investigation by the IRS and apply to any assistance provided under sec- The motion was agreed to. DOJ counterterrorism division. Such tion 406 of the Robert T. Stafford Disaster Mr. DURBIN. Madam President, I firms, which manage hundreds of mil- Relief and Emergency Assistance Act (42 move to reconsider the vote, and I lions of dollars for wealthy investors in U.S.C. 5172) on or after August 28, 2005. move to lay that motion on the table. total secrecy, ought to have to at least Ms. COLLINS. Madam President, I The motion to lay on the table was register with the SEC. suggest the absence of a quorum. agreed to. Currently, section 203(b)(3) of the In- The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- vestment Advisers Act provides a stat- clerk will call the roll. ator from Iowa is recognized. Mr. utory exemption from registration for The legislative clerk proceeded to GRASSLEY. Madam President, I rise to any investment adviser who had fewer call the roll. offer amendment No. 386. than 15 clients in the preceding 12- Ms. COLLINS. Madam President, I Mr. LIEBERMAN. Madam President, month period and who does not hold ask unanimous consent that the order I object. If I may explain with respect himself out to the public as an invest- ment adviser. This amendment would for the quorum call be rescinded. to the Senator from Iowa? narrow this exemption, which is cur- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- rently used by large, private pooled in- objection, it is so ordered. ate will be in order. vestment vehicles, commonly referred Ms. COLLINS. Madam President, The Senator from Connecticut is rec- to as hedge funds. These hedge funds what is the pending business? ognized. use this section of the securities laws The PRESIDING OFFICER. Under Mr. LIEBERMAN. Madam President, to avoid registering with the Securities the previous order, a vote now occurs the Senator from Iowa has, in the nor- and Exchange Commission—SEC. on the motion to table the Coburn mal course of Senate proceedings, asked unanimous consent to set aside Much has been reported during the amendment, No. 345. last few years regarding hedge funds Ms. COLLINS. Madam President, I the pending amendment to offer an amendment of his own. I am objecting and the market power they yield be- ask for the yeas and nays. cause of the large amounts of capital The PRESIDING OFFICER. Is there a to that. I want to explain why. We now have 50 amendments pending. they invest. In fact, some estimates are sufficient second? We have a group of amendments Sen- that these pooled investment vehicles There is a sufficient second. ators Collins and I have agreed on and are trading nearly 30 percent of the The question is on agreeing to the are willing to offer by consent, but at daily trades in U.S. financial markets. motion. least two Senators are objecting to us The power this amount of volume has The clerk will call the roll. doing that until there is an agreement is not some passing fad, but instead The assistant legislative clerk called to vote on amendments that they want represents a new element in our finan- the roll. a vote on. cial markets. Congress needs to ensure Mr. DURBIN. I announce that the We have a very important bill that that we know who is running these Senator from Delaware (Mr. BIDEN) and has a sense of urgency to it, the 9/11 large vehicles to ensure the security of the Senator from South Dakota (Mr. legislation. Therefore, as the manager those markets. JOHNSON) are necessarily absent. of the bill on this side—and, inciden- The failure of Amaranth and the in- Mr. LOTT. The following Senators tally, I will add that cloture was filed, creasing interest in hedge funds as in- are necessarily absent: the Senator surprisingly, on four of the amend- vestment vehicles for public pension from Idaho (Mr. CRAPO) and the Sen- ments. We have come to a point where money means that this is not just a ator from Arizona (Mr. KYL). the bill as reported out of our com- high stakes game for the super rich. It The PRESIDING OFFICER. Are there mittee on a nonpartisan vote is ready affects regular investors. Indeed, it af- any other Senators in the chamber de- to go. But these 50 amendments are fects the markets as a whole. My re- siring to vote? cent oversight of the SEC has con- stopping it from getting to a con- The result was announced—yeas 71, vinced me that the Commission and ference with the House. nays 25, as follows: Until we have an agreement across the Self-Regulatory Organizations— SROs—need much more information [Rollcall Vote No. 66 Leg.] party lines as to how we are going to about the activities of hedge funds in YEAS—71 proceed, I am going to, respectfully, order to protect the markets from in- Akaka Gregg Obama with no prejudice to my friend from stitutional insider trading and other Baucus Hagel Pryor Iowa, object to setting aside the pend- Bayh Harkin Reed potential abuses. This is one small and ing amendment, which is the Stevens Bennett Hatch Reid simple step toward greater trans- Bingaman Hutchison amendment, No. 299. That would be for Roberts parency—to require that hedge funds Bond Inouye Rockefeller anyone else who would want to offer an register and tell the regulators who Boxer Kennedy Salazar amendment at this time, until there is Brown Kerry they are. This is not a burden, but Sanders an agreement on how we are going to Bunning Klobuchar Schumer rather a simple, common sense require- Byrd Kohl Shelby proceed to get this urgent bill passed, Cantwell Landrieu ment for organizations that wield hun- Smith hopefully, by the end of the week. Cardin Lautenberg dreds of billions of dollars in market Snowe Carper Leahy The PRESIDING OFFICER. Objec- Specter power every day. The SEC has already Casey Levin tion is heard. attempted to do this by regulation. Clinton Lieberman Stabenow The Senator from Iowa. Cochran Lincoln Stevens Congress needs to act because of a de- Conrad Lott Sununu AMENDMENT NO. 386 cision made last year by a Federal ap- Craig McCaskill Tester Mr. GRASSLEY. Madam President, I peals court, the D.C. Circuit Court of Vitter Dodd Menendez would like to offer another amendment Appeals. In 2006, the D.C. Circuit Court Domenici Mikulski Voinovich Dorgan Murkowski Warner to S. 4 that seeks to strengthen our Na- of Appeals overturned a SEC adminis- Durbin Murray Webb tion’s homeland security by closing a trative rule that required registration Feingold Nelson (FL) Whitehouse loophole in our securities laws. My of hedge funds. This decision effec- Feinstein Nelson (NE) Wyden amendment would amend section tively ended all registration of hedge NAYS—25 203(b)(3) of the Investment Advisers funds with the SEC. Alexander Coleman Ensign Act of 1940 and would narrow an ex- My amendment would narrow the Allard Collins Enzi emption from registration for certain statutory exemption from registration Brownback Corker Graham investment advisers. There is a home- and bring much needed transparency to Burr Cornyn Grassley Chambliss DeMint Inhofe land security element to this fix be- hedge funds. The amendment would au- Coburn Dole Isakson cause it can sometimes be important to thorize the SEC to require investment

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.031 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2787 advisers to register unless the adviser: 100 years but they have been years of comprehensive way. In order for a new No. 1, had $50 million or less in assets dependence on the United States. Now fuels industry—to develop three com- under management, No. 2, had fewer we are free and we make our resources ponents are required—upfront costs to than 15 clients, No. 3, did not hold him- available to the great country of design and build, a site to do it, and a self out to the public as an investment China.’’ market to sell the product. adviser, and No. 4, managed the assets China has recognized that energy is a The amendment provides loan guar- of fewer than 15 investors, regardless of true security interest and has inked antees and loans for the startup costs. whether the investors participate di- deals with Russia and OPEC, along It provides incentives to some of the rectly or through a pooled investment with Castro’s Cuba. most economically distressed commu- vehicle, such as a hedge fund. The fact is that our national security nities—Indian tribes and those affected This amendment is a first step in en- is linked with our energy security. Yet by BRAC—to consider locating a facil- suring that the SEC has the needed even if we were to stop importing oil ity in their backyard through Eco- statutory authority to do what it at- from the Middle East tomorrow our na- nomic Development Administration tempted to do for the last 2 years. I tional security interests would still be grants. Last, the amendment requires urge my colleagues to support this at risk. the Department of Defense to study the amendment as we work to protect in- And we are not alone. national security benefits of having a vestors large and small. European Union countries as a whole domestic coal-to-liquids, CTL, fuels in- I am not surprised by the objection import 50 percent of their energy dustry to comprehensively assess a new today. For the record, I want everyone needs, a figure expected to rise to 70 market. to know that this morning when I said percent by 2030. A significant and in- I have to give credit to my col- I intended to offer this amendment, my creasing volume of those imports come leagues, Senators BUNNING, OBAMA, phones started ringing off the hook. from Russia. LUGAR, PRYOR, MURKOWSKI, BOND, Lots of powerful people don’t want to In December 2005, Russia decided to THOMAS, CRAIG, MARTINEZ, ENZI, and see an amendment like this, but Amer- turn off the gas to Ukraine, affecting LANDRIEU, who together had introduced icans want their Government to know imports into Italy, Austria, Germany, a bill with similar language. I am hope- who is running these funds. Poland, and Slovakia. A similar dis- ful that they will join me in moving The PRESIDING OFFICER. The Sen- pute between Russia and Belarus af- this amendment. ator from Maine. fected Germany’s oil imports. We can all agree that increasing do- Ms. COLLINS. I suggest the absence According to the Congressional Re- mestic energy security is a vital objec- of a quorum. search Service, global energy demand tive. Yet it also provides good jobs. The PRESIDING OFFICER. The is expected to rise by nearly 60 percent According to the Illinois Department clerk will call the roll. over the next 20 years. of Commerce and Economic Oppor- The assistant legislative clerk pro- In order to meet motorists’ demands tunity, a CTL plant, with an output of ceeded to call the roll. today and tomorrow and the global 10,000 barrels per day, can support 200 Mr. LIEBERMAN. Mr. President, I struggle for energy security, I am in- direct jobs onsite, at least 150 jobs at ask unanimous consent that the order troducing the Domestic Fuels Security the supporting coal mine, and 2,800 in- for the quorum call be rescinded. Act. direct jobs throughout the region. Dur- The PRESIDING OFFICER (Mr. The Domestic Fuels Security Act ing construction, another 1,500 tem- CASEY). Without objection, it is so or- lays out a coordinated plan to increase porary jobs will be created. dered. the production of critical clean trans- Mr. INHOFE. Mr. President, today, I portation fuels for today and tomorrow Fourth, cellulosic biomass ethanol— wish to speak to my amendment No. in four significant ways. renewable fuel from energy crops like 381 that seeks to improve the U.S.’s na- First, the amendment provides a co- switchgrass—is a popular concept but tional security through increasing our ordinated process whereby the Federal faces financial barriers. Recently, the ability to fuel our country from domes- Government—at the option of a Gov- Federal Government has released some tic resources. ernor and in consultation with local initial money to help develop the in- Americans are familiar with the vio- governments—would be required to as- dustry, but more could be done. lence, terrorism, and instability in the sist the State in the permitting process In order to entice private sector in- Middle East. But forms of that insta- for domestic fuels facilities. These vestment, it is important for the col- bility are spreading around the world, would include coal-to-liquids plants, lective fuels industry and motorists to including to our own backyard. modern refineries, and biorefineries. know what our renewable resource base This chart by the Energy Informa- And this voluntary, coordinated, from- is, as well as traditional fuels. This tion Agency summarizes some of the the-grassroots-up process would do so amendment requires the Securities and energy security hot spots around the without waiving any environmental Exchange Commission to convene a world. Since September 2005 when this law. task force to assess how we should chart was made, U.S. security interests Second, the amendment would look modernize our reserves—both tradi- have gotten even worse in some re- to the future and conduct a full envi- tional and renewable for cellulosic bio- gions. On February 26, Venezuelan ronmental review of fuel derived from mass ethanol feedstocks. President Hugo Chavez nationalized coal. Energy security, job security, Amer- U.S. oil interests—the motivation for The U.S. has 27 percent of the world’s ican security—please join me in pass- the Soviet-style move was to improve coal supply—the largest in the world— ing the Domestic Fuels Security Act. Venezuelan strategic interests. nearly 250 billion tons of recoverable Mr. President, I ask unanimous con- Adding insult to injury, while signing reserves. It is critical that we learn to sent to have printed in the RECORD the an agreement allowing Chinese compa- use what we have and do so in an envi- chart to which I referred. nies to explore in Venezuela, Mr. Cha- ronmentally responsible way. There being no objection, the mate- vez stated that, ‘‘We have been pro- Third, the amendment seeks to spur rial was ordered to be printed in the ducing and exporting oil for more than a viable coal-to-liquids industry in a RECORD, as follows: OIL AND NATURAL GAS HOTSPOTS FACTSHEET

Petroleum Petroleum U.S. Imports (Jan– Country/Region Prod’n (2004) Prod’n (2010) Mar ’05)(’000 bbl/ Strategic Importance/Threats (’000 bbl/d) (’000 bbl/d) d) 1

Iran ...... 4,100 4,000 0 Even though no direct imports to US, still exports 2.5 million bbl/d to world markets. Iraq ...... 2,025 3,700 516 April 2003–May 2005—236 attacks on Iraqi Infrastructure. Libya ...... 1,600 2,000 32 Newly restored diplomatic relations, Western IOCs not awarded contracts in 2nd EPSA round. Nigeria ...... 2,500 2,600 1,071 High rate of violent crime, large income disparity, tribal/ethnic conflict and protests have repeatedly suspended oil exports. Russia ...... 9,300 11,100 419 2nd only to S.A. in oil production, Yukos affair has bred uncertain investment climate. Saudi Arabia ...... 10,400 13,200 1,614 Long Term stability of Al-Saud family, Western oil workers subject to attacks. Sudan ...... 344 530* 0 Darfur crisis & N–S conflict threatens government stability, security of oil transport.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.036 SWEST PsN: S07MRPT1 S2788 CONGRESSIONAL RECORD — SENATE March 7, 2007 OIL AND NATURAL GAS HOTSPOTS FACTSHEET—Continued

Petroleum Petroleum U.S. Imports (Jan– Country/Region Prod’n (2004) Prod’n (2010) Mar ’05)(’000 bbl/ Strategic Importance/Threats (’000 bbl/d) (’000 bbl/d) d) 1

Venezuela ...... 2,900 3,700 1,579 Large exporter to U.S., President Chavez frequently threatens to divert those exports, nationalize resource base. Algeria ...... 1,900 2,000 414 Armed militants have confronted gov’t forces. Bolivia ...... 40 45* 0 Large reserves of NG (24 (Tcf)), exports may be delayed due to controversial new laws unfriendly to foreigners. Caspian Sea ...... 1,800 2,400–5,900 0 BTC opened, many ethnic conflicts, high expectations or future oil production, no maritime border Agt. Caucasus Region 2 ...... negligible negligible 0 Strategic transit area for NG and oil pipelines. Colombia ...... 551 450* 110 Destabilizing force in S. America, oil exports subject to attack by protesters, armed militants. Ecuador ...... 535 850* 315 Unstable politically, protests threaten oil export. Indonesia ...... 900 1,500 0 No longer a net exporter, separatist movements, Peacekeeping forces in place, Violence threat to Strait of Malacca.

9/11 HEALTH ISSUES sufficient funds to ensure treatments immediately after 9/11 to help both Mrs. CLINTON. Mr. President, more through the rest of the current fiscal short and longer term recovery efforts than 5 years after the 9/11 attacks, the year. at Ground Zero, the Pentagon, and number of victims continues to rise be- That is why I introduced an amend- Shanksville, PA. The funding for cause of the lasting health impacts ex- ment to the 9/11 bill we are considering tracking health outcomes is a par- perienced by far too many of those who today to divert $3.6 million in fund- ticular concern to myself and Senator selflessly responded to this disaster in ing—originally part of that $20 billion SPECTER. This funding has been used to 2001. On that day, and in the following secured for New York in the wake of monitor not only the brave responders months, thousands worked and lived by 9/11 that the administration proposed and recovery workers who live in New the Ground Zero site, amidst the dust, to cut in its fiscal year 2008 budget. At York, but also all who responded from smog, and toxic mix of debris. And now a time when treatment needs are so ur- around the country, including more we are seeing those workers, respond- gent, I believe that we need to ensure than 35 from Iowa. ers, and residents become sick from that dollars that were intended for 9/11 I thank you for your leadership on what they were exposed to on 9/11 and needs can be used to address the this issue and I look forward to work- the following months. I believe we have mounting health crisis that we are fac- ing with you on the upcoming emer- a moral obligation to take care of ing as a direct result of these attacks. gency supplemental appropriations bill those suffering from 9/11-related ill- I believe it is important to raise aware- to maintain the current monitoring nesses. ness of the fact that these programs— and treatment program for 9/11 re- The work of Senator HARKIN, Senator programs that are helping tens of thou- sponders and recovery workers. BYRD, Senator SPECTER, and all of sands of first responders in New York Mrs. CLINTON. I thank the Senator. their colleagues on the Senate Appro- and around the Nation—are in danger On behalf of the thousands of fire- priations Committee has been invalu- of having to turn patients away. fighters, police officers, rescue work- able in securing funding to address I am extremely grateful for what we ers, residents, students, and others who many of the health issues that have ap- have been able to accomplish with the are suffering from 9/11-related illnesses, peared following 9/11. In December 2001, support of Senator HARKIN and other I look forward to working with you on we learned that hundreds of fire- appropriators. They have shown that the upcoming emergency supplemental fighters were on medical leave because they consider it our national responsi- appropriations legislation to ensure of injuries related to 9/11 issues, and bility to care for those who did our that those who are sick can receive the the Appropriations Committee re- country proud in the hours, days, care they need. With this commitment, sponded by allocating $12 million for weeks, and months following that hor- I will withdraw my amendment to this medical monitoring activities so that rific attack. I am also proud that I will legislation. we could track and study the health be working with my colleagues on the f impacts associated with the rescue and Senate Health, Education, Labor and MORNING BUSINESS response efforts at the World Trade Pensions Committee, including Sen- Mr. LIEBERMAN. Mr. President, I Center. Thousands of individuals ators KENNEDY, ENZI, and HARKIN, to wish we could pass the bill tonight, but signed up for this program, and in Con- develop a lasting solution to address until disputes about the pending gress, we worked to meet the demand these health care needs. But while we amendments are resolved—and I hope by appropriating an additional $90 mil- are working on those solutions, we we can do that quickly overnight and lion to monitor other workers and vol- must ensure that these programs con- tomorrow morning—there is nothing unteers who were at Ground Zero and tinue to operate. more we can do on the bill. Fresh Kills. Mr. HARKIN. I thank my good friend With the agreement of my ranking Through this work, we learned that and colleague, Senator CLINTON, for her member, I ask unanimous consent that many of those who were exposed are kind remarks. The terrorist attacks of the Senate now be in a period of morn- now experiencing significant health 9/11 took place nearly 1,000 miles from ing business for Senators to speak for problems from this exposure—people Iowa. But the attacks on the World up to 10 minutes each. who were in the prime of their life be- Trade Center and the Pentagon were The PRESIDING OFFICER. Without fore 9/11 now suffering from asthma, si- really an attack on the heart of Amer- objection, it is so ordered. nusitis, reactive airway disease, and ica. Iowans answered the call of service mental health issues. So in December and came to the aid of those affected f 2005, I worked with Senator HARKIN and by these attacks. The Musco Lighting TRIBUTE TO THE LATE SENATOR other appropriators, as well as my col- Company from Muscatine donated TOM EAGLETON leagues in the New York Congressional lighting equipment to assist the World Mr. KERRY. Mr. President, Mis- Delegation, to secure an additional $75 Trade Center recovery efforts. Quad- souri’s own Harry Truman once said: million in funding that would for the Cities fire departments collected more A politician is a man who understands gov- first time provide Federal funding for than $75,000 for the Uniformed Fighter ernment. A statesman is a politician who has treatment to help those who were dis- Association’s 9/11 Disaster Relief Fund. been dead for 10 years. abled by these attacks get the care And just as Iowans and other Ameri- Somehow, another son of Missouri, that they needed. cans responded to the calls for help, I Senator Tom Eagleton, managed to be Sadly, we are once again running out am proud that the Appropriations both a keen master of government and of funding to take care of the heroes Committee has worked step by step a statesman in his own lifetime, as well who never questioned their responsi- with the New York delegation to ad- as a dear friend of many in this Cham- bility on 9/11 and are now paying a ter- dress the many desperate needs that ber. On this past Sunday, Tom passed rible price. While the President has arose from 9/11. I was proud to work away at age 77. proposed providing additional funding with Senator CLINTON, Senator BYRD, Tom Eagleton was a man who radi- for treatment in the fiscal year 2008 and my colleagues on the Appropria- ated wit, warmth, and a brand of intel- budget, we must act sooner to provide tions Committee to secure $20 billion lectual and moral seriousness that

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.066 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2789 commanded respect, even as he won the league from Missouri, Republican Sen- and admiration of millions in his home affection of all those around him. A ator John Danforth. He championed State of Missouri and across the coun- Senator and a statesman, a humani- Jack’s nomination to become U.N. Am- try. When he announced in 1984 that he tarian and a humorist, Tom left his in- bassador and the two cooperated on would not seek reelection to a fourth delible mark on the issues that countless issues, most recently as ex- term, his statement was full of the mattered most to him. His proudest ac- Senators, cochairing Missouri’s stem same personal humility that had led complishment in a superb career in cell initiative to protect all forms of him to hand over his seniority to a public life, and in the Senate particu- stem cell research allowed under Fed- freshman Senator. He declared that larly, was an amendment to cut off eral law. They were friends for 40 ‘‘public offices should not be held in funds for America’s disastrous bombing years, and colleagues in the Senate for perpetuity’’ and added that he had en- of Cambodia. He was also a principal 10. They showed a spirit of bipartisan joyed ‘‘a full and complete career.’’ author of the Senate’s War Powers Res- cooperation too often missing from to- As his colleague Dale Bumpers of Ar- olution, which sought to dramatically day’s politics. kansas said: limit the President’s ability to commit On so many issues, Tom Eagleton Tom’s goal was never to be carried out of forces abroad without the consent of was a trailblazer and a visionary. He the Senate in a pine box. He chose his career Congress. helped to write the Clear Air Act of in politics because he considered it the best Ever true to his principles, Tom 1970 and the Clean Water Act of 1972, place from which to promote justice, nobil- ity, freedom and dignity. voted against the version that was re- foundations of today’s environmental When Tom announced he would not ported by the conference committee, protection regime. He was among the few in the Senate seek reelection, the Kansas City Star which he believed the executive would to oppose the Reagan tax cuts as he summed up the legacy he was leaving ultimately exploit as a 60-day blank said: ‘‘Once again, once again,’’ shout- behind: check to use armed force. Over Presi- ing in his famous baritone, ‘‘largesse to dent Nixon’s veto, and without Senator Senator Thomas F. Eagleton is the kind of the rich.’’ politician the system is supposed to produce Eagleton’s vote, the bill was passed. As As he left Washington 20 years ago, but so rarely does. He has elevated the job of usual, Tom Eagleton’s concerns proved he sounded an early warning that there politics because he does not accept the con- only too prescient. was too much money in American poli- ventional denigration of politics. He believes Senator Eagleton was a fierce and tics, and he was a staunch critic of the it is a noble profession, and in the hands of such as himself, it is exactly that. passionate critic of the Vietnam war, Iraq war, from its initial walkup to the and he worked tirelessly to end that present. In the two decades since he left the conflict. In 1971 he made a statement Tom Eagleton blazed other trails as Senate, Tom never let go of his inde- before the Senate Foreign Relations well. In 1956 he became the youngest fatigable sense of justice, his unique Committee, one that I remember. It circuit attorney in the history of St. sense of humor, his taste for politics, came about 3 weeks or so after I had Louis, a record that still stands. And in or his love of Missouri. Once, after a been privileged to testify to that com- 1960, when he ran for Missouri attorney ‘‘Meet the Press’’ appearance a few mittee. He made an argument that res- general on the same ticket as another years ago that I was on, Tom sent me onates as clearly today as it did at the Catholic, John F. Kennedy, he held his a handwritten note afterward. He said time he made it. He spoke of the need ground when anti-Catholic bigots that while he thought I ‘‘demolished’’ to set a firm date for withdrawal. scrawled graffiti over his campaign my Republican counterpart, I really In an essay he wrote entitled ‘‘Whose posters. Tom Eagleton, in all of his ca- ‘‘should have knocked his toupee off Power Is War Power,’’ he quoted Jus- reer, never lost a Missouri election in his head.’’ That was Tom Eagleton, al- tice Story: his entire life. ways seeing the humorous or absurd, In a Republic, it should be difficult to Tom’s pre-Senate career took him and he sent a lot of Senators personal make war and easy to make peace. from the Navy to the district attor- notes such as that over the years that And yet, he said: ney’s office to the lieutenant governor- made us laugh. He was the point man In Vietnam, war came easy and peace ship. I might add, parenthetically, it for the effort that wooed the Rams comes hard. happens to be the exact same course I football team from Los Angeles to St. His words ring equally true of the followed. He was the youngest Lieuten- Louis, and even Tom was stunned by war in Iraq, a war he fervently opposed ant Governor in Missouri’s history. I the affection that football fans showed from the outset. empathized personally with his quip him on the streets of St. Louis—par- For a brief period of time, for the 2 that Missouri’s No. 2 spot was good for ticularly after the Rams’ Super Bowl years our careers overlapped in the standing at the window and ‘‘watching victory in 2000. Senate, I had the privilege of working the Missouri River flow by.’’ After a plane crash killed Governor closely with Tom. He was as decent and Tom Eagleton was a quick wit, but Mel Carnahan, the Missouri Demo- as humble as he was passionate. I re- he was also a man fully committed to cratic nominee for the Senate in Octo- member, when I first came to the Sen- living by his conscience, whether it led ber 2000, it was Senator Eagleton who ate in 1985, Tom and I were unlikely him to take conservative positions on took the lead in knocking down spu- seatmates, the two most recent addi- social issues or even to censure a col- rious claims that it would be illegal to tions to the Foreign Relations Com- league from his own side of the aisle keep Carnahan’s name on the Novem- mittee. He wrote a letter, spontane- after ethical lapses. As the Senate de- ber ballot. ously, to Senator Pell, then the com- bated ousting a Democratic Senator In addition to his three books, Tom mittee chair. If there was an oppor- who had been convicted of bribery and wrote over 50 op-eds for his hometown tunity for him to serve as a ranking conspiracy, Senator Eagleton was firm. newspaper after leaving the Senate at minority Democrat on a subcommittee, He said, ‘‘We should not perpetrate our age 57. He truly believed in the word he said: ‘‘I would prefer to forego [it] in own disgrace by asking him to re- ‘‘citizenship.’’ favor of Senator Kerry.’’ main.’’ He loved justice, and it is fit- In the last of those op-eds, published It was a magnanimous gesture that ting that the Federal courthouse in November 3, 2005, Senator Eagleton impressed me enormously, and also downtown St. Louis now bears his was candid in his analysis of the cur- made a difference to my early involve- name. rent disaster in Iraq. He wrote: ment in the Foreign Relations Com- In 1968, his commitment to reform Hubris is always the sword upon which the mittee. In a place where seniority led him to challenge a sitting Demo- mighty have fallen. counts—then a lot more than even cratic Senator whose record, many be- And: today, where prerogatives matter—and lieved, was tarnished by corruption. From here on, any President will have to sometimes far too much, it was un- After the race, his defeated opponent level with the American people before going usual to defer to a freshman Senator as said bitterly: to war. he did. But that was Tom Eagleton. The man who builds a house on public serv- Tom Eagleton loved the Senate. He Tom’s collegiality didn’t stop at the ice builds it of straw and on sand. loved this institution. He was an expert aisle. One of his great friends in the But Tom Eagleton proved that in its rules and procedures and he be- Senate was his junior Senator, his col- wrong. He retired in 1987 with the love lieved in the constitutional power to

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.081 SWEST PsN: S07MRPT1 S2790 CONGRESSIONAL RECORD — SENATE March 7, 2007 make decisions of war and peace. In ad- wonderful opportunity to learn many sad to see him return to Louisiana, but dition to his most famous book, ‘‘War life skills such as self-discipline, con- family responsibilities and duties call and Presidential Power: A Chronicle of centration, the ability to relax under him home. Congressional Surrender,’’ he also co- pressure, goal-setting, sportsmanship He has been projects director and authored a textbook for high school and teamwork.’’ Just as important, general counsel of my office now for 9 students called ‘‘Our Constitution and rifle teaches participants how to han- years. He has served with diligence and What It Means.’’ Most of all, you could dle guns in a safe, responsible manner. dedication, honesty, integrity, and cre- see the pleasure he took from simply It is also one of the few sports where ativity. He is truly one of the most being here. men and women compete against each sought after and popular members of Above all, Tom Eagleton loved his other as equals. the Senate staff. He has worked on family, his home State of Missouri, and Rifle competition has a great history transportation projects. He has been an the St. Louis Cardinals. At one point in our State, and Alaskans are honored expert on Corps of Engineers projects, he even considered applying to become the NCAA has chosen Fairbanks as this someone whom both Republican and the Commissioner of Major League year’s host. The timing of this event is Democratic staffers trust to give them Baseball, but he couldn’t give up his particularly fitting—2007 marks the just the facts, give it to them straight, Senate seat as long as Missouri had a 70th anniversary of the University of and give it to them quickly. Republican Governor to appoint his Alaska Fairbanks’ first rifle team. I laugh and say everybody in Lou- successor. Over the years, UAF has found great isiana needs a Bubba on their staff. I This January, Tom celebrated his 50- success in this sport. The university is sure have had a very special Bubba on year anniversary with his wonderful the NCAA’s reigning rifle champion my staff for all these many years, as he wife Barbara. Together they raised two and has claimed the national title in 7 is called and referred to kindly and in children, Terence and Christy, and of the past 8 years. Since 1988, 39 a very friendly way. three grandchildren. Tom Eagleton was Nanooks have been selected as All- Bubba has served the people of his the quintessential family man. He Americans in rifle. Seven of these com- home parish, New Iberia Parish, with never stopped giving. He gave his life petitors have won individual rifle distinction. He has done some extraor- to serving his State and his country, championships. dinary work, as I said, in the area of and when he died he left instructions Rifle’s popularity is also apparent transportation. He is going to be missed. that his body was to be given to Wash- throughout our state. Today, Fair- He really is a true example of selfless ington University for medical research. banks is one of several Alaska cities service. He could be, Mr. President—as Senator Tom Eagleton lived a full with a robust rifle community, and you know, many of our staff could and remarkable life, and all of his col- many high schools in our state now make a great deal more money, par- leagues and all the country will miss sponsor rifle teams as well. ticularly in his case with the double him dearly. He died with no regrets. Mr. President, while I will be rooting degrees he has as a lawyer and an ar- for the home team, the University of ‘‘My ambition,’’ he said, ‘‘since my sen- chitect. But yet for 10 years, he has ior year in high school was to be a Sen- Alaska Fairbanks, I wish each partici- chosen to serve and stay through the ator.’’ pant the best in this competition. The challenges of Katrina and Rita where Not everybody achieves their ambi- names of each team and individual se- his talents and abilities were called on tion. Tom Eagleton actually did a lot lected for the 2007 National Collegiate literally daily and was one of the go-to more than that. He achieved his own Men’s and Women’s Rifle Champion- people I counted on to give me facts, to ambitions and earned the love and en- ships are as follows: give them to me quickly so I could ad- during respect of millions. Along the Team Qualifiers: Jacksonville State Uni- vocate more effectively on behalf of way, he inspired so many of us, not versity, Murray State University, Texas the 4.5 million people in Louisiana and least of all the no-longer-freshman Christian University, United States Military the millions of people who live in the Senator from Massachusetts who, 23 Academy, United States Naval Academy, gulf coast area. years later, rises sadly and proudly to University of Alaska Fairbanks, University I wanted to publicly recognize Her- pay tribute to the man who once gave of Kentucky, University of Nebraska. Individual Qualifiers (Smallbore Three-Po- man Joseph Gesser, a citizen of Lou- up his seniority but never gave up his isiana and a great servant to the people principles. sition): Matthew Hamilton—United States Military Academy, Lee Lemenager—Univer- of our State in such a time of need. The PRESIDING OFFICER. The Sen- sity of Nevada, Reno, Layne Lewis—Univer- I know his father is very proud of ator from Alaska is recognized. sity of Alaska Fairbanks, Jennifer him. I know his mother, who just f Lorenzen—University of Mississippi, passed away last year, still continues Meghann Morrill—University of Nevada, 2007 NCAA RIFLE CHAMPIONSHIPS to give him blessings from Heaven, and Reno. that his extended family and many Mr. STEVENS. Mr. President, I am Individual Qualifiers (Air Rifle): Erica friends are very grateful to him for the pleased to report the 2007 National Col- Burnham—Tennessee Technological Univer- sity, Wesley Hess—United States Military support he has given to us all these legiate Men’s and Women’s Rifle Cham- many years. pionships will be held in Fairbanks, AK Academy, Ashley Jackson—University of Kentucky, Keegan Singleton—University of His homecoming in south Louisiana on March 9 and 10. Forty-eight student- Memphis, Leah Wilcox—University of Texas will be greeted with fanfare by his athletes will participate in this excit- at EI Paso, Shannon Wilson—University of hometown, but it will be a great loss to ing competition. Mississippi. the Landrieu staff in Washington, DC. Although rifle is relatively new as an f f NCAA sport, 44 colleges and univer- sities now sponsor rifle teams. Nation- HONORING HERMAN JOSEPH RECOGNIZING FIRST ROBOTICS wide, hundreds of student-athletes GESSER III Mr. REID. Mr. President, it is my compete in this sport. These young Ms. LANDRIEU. Mr. President, I rise privilege to recognize the outstanding men and women are tremendously to pay tribute to a staff member who achievements of today’s youth in skilled—to score a bull’s-eye in the is, unfortunately, leaving to go back to science and engineering. On March 27, I smallbore competition, for instance, Louisiana. I want to spend a few min- am pleased to join with the city of Las shooters must strike a target the size utes talking about his wonderful serv- Vegas in welcoming the FIRST Robot- of the period at the end of this sen- ice. ics, FRC, Regional Competition to Ne- tence. Remarkably, they are able to Herman Joseph Gesser came to work vada. consistently hit this mark from a dis- in Washington for 1 year. He is an at- FIRST was founded in 1989 through tance of 50 feet. torney and a very able architect and the vision of inventor Dean Kamen to Like more traditional sports, rifle thought he would come and work here inspire interest and participation in has a positive impact on its partici- for the Louisiana delegation to con- science and technology. As a result of pants. Marsha Beasley, the former head tribute to our State and to learn the his leadership, FIRST has grown into coach of West Virginia University’s ways of Washington in public service. one of the leading robotics competi- team, once observed: ‘‘Rifle provides a Ten years later, he is still here. We are tions in the entire country. This

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.082 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2791 project has even grown to include a 1979–1983, for subversion. After this, COMMITTEE ON BANKING, HOUS- partnership with the UNLV Howard R. Havel was given the opportunity to ING, AND URBAN AFFAIRS Hughes College of Engineering. emigrate but, courageously, he chose RULES OF PROCEDURE I am pleased to welcome 12 local to stay in Czechoslovakia. By February Mr. DODD. Mr. President, in accord- teams as well as 50 teams from across 1989, Havel had come to symbolize a ance with rule XXVI.2. of the Standing the country and the world to Las Vegas growing human rights and democratic Rules of the Senate, I ask unanimous and to UNLV. I hope they will be able movement in Czechoslovakia and, that consent to have printed in the RECORD to enjoy everything Las Vegas has to year, the Helsinki Commission nomi- the rules of the Committee on Bank- offer. It is also important to recognize nated him for the Nobel Peace Prize. ing, Housing, and Urban Affairs, as the contributions of the parents, teach- Remarkably, in November 1989, the unanimously adopted by the com- ers, mentors, volunteers, and sponsors repressive machinery of the Com- mittee on January 31, 2007. for this event. Without their support, I munist regime—a regime that for five There being no objection, the mate- am certain this event would not be pos- decades had persecuted and even mur- rial was ordered to be printed in the sible. dered its own citizens—collapsed in RECORD, as follows: With the backing of the entire Las what has come to be known as the Vegas community, I am certain that RULES OF PROCEDURE FOR THE COMMITTEE ON ‘‘Velvet Revolution.’’ BANKING, HOUSING, AND URBAN AFFAIRS the FIRST Robotics, FRC, Regional Competition will be an outstanding To understand just how repressive [Adopted in executive session, January 31, success. Mr. President, I wish all the the former regime was—and therefore 2007] participants success in the competition how stunning its seemingly sudden de- RULE 1. REGULAR MEETING DATE FOR and in the future. mise was—it may be instructive to re- COMMITTEE The regular meeting day for the Com- f call the first measures of the post-Com- munist leadership, introduced in the mittee to transact its business shall be the VOTE EXPLANATION heady days of late 1989 and early 1990. last Tuesday in each month that the Senate Mr. BROWNBACK. Mr. President, I First and foremost, all known political is in Session; except that if the Committee has met at any time during the month prior regret that I was unable to vote the prisoners were released. Marxism-Len- to the last Tuesday of the month, the regular evening of March 5 on the confirmation inism was removed as a required course meeting of the Committee may be canceled of the nomination of Carl J. Artman, of from all school curricula. Borders were at the discretion of the Chairman. Colorado, to be Assistant Secretary of opened for thousands of people who had RULE 2. COMMITTEE the Interior. previously been prohibited from trav- [a] Investigations. No investigation shall I wish to address this confirmation so eling freely. Control over the People’s be initiated by the Committee unless the that the people of the great State of Militia was transferred from the party Senate, or the full Committee, or the Chair- Kansas, who elected me to serve them to the Government. The Federal As- man and Ranking Member have specifically as U.S. Senator, may know my posi- sembly passed a resolution condemning authorized such investigation. tion. the 1968 Soviet-led invasion of Czecho- [b] Hearings. No hearing of the Committee Regarding vote No. 59, on the con- slovakia. Approximately 40 Ambas- shall be scheduled outside the District of Co- firmation of the nomination of Carl J. sadors representing the Czechoslovak lumbia except by agreement between the Artman, of Colorado, to be Assistant Communist regime were recalled. Chairman of the Committee and the Ranking Secretary of the Interior, I would have Member of the Committee or by a majority Newly appointed Foreign Minister Jiri vote of the Committee. supported the confirmation of Mr. Dienstbier announced that the ‘‘tem- [c] Confidential testimony. No confidential Artman. My vote would not have al- porary’’ 1968 agreement allowing So- testimony taken or confidential material tered the outcome of this confirmation. viet troops to remain in Czecho- presented at an executive session of the f slovakia was invalid because it was Committee or any report of the proceedings of such executive session shall be made pub- IN HONOR OF VACLAV HAVEL agreed to under duress and that Soviet troops would withdraw from the coun- lic either in whole or in part or by way of Mr. BROWNBACK. Mr. President, try. The Politburo announced it would summary, unless specifically authorized by the Chairman of the Committee and the today I wish to join my colleagues end the nomenklatura system of re- from the Helsinki Commission in com- Ranking Member of the Committee or by a serving certain jobs for party func- majority vote of the Committee. memorating the founding of the Char- tionaries. The secret police was abol- [d] Interrogation of witnesses. Committee ter 77 movement 30 years ago, and ished. Alexander Dubcek, leader of the interrogation of a witness shall be conducted praising Vaclav Havel, one of Charter 1968 Prague Spring, was elected Chair- only by members of the Committee or such 77’s first spokesmen and the first post- man of the Federal Assembly on De- professional staff as is authorized by the Communist President of Czecho- cember 28 and, a day later, Vaclav Chairman or the Ranking Member of the slovakia. Havel was voted to replace Gustav Committee. Many aspects of Vaclav Havel’s biog- Husak. In February 1990, Vaclav Havel [e] Prior notice of markup sessions. No ses- sion of the Committee or a Subcommittee raphy are well known. His advanced addressed a joint session of Congress. formal education was limited by the for marking up any measure shall be held unless [1] each member of the Committee or Communist regime because of his fam- Charter 77 paved the way for all of these things, and more: for Czecho- the Subcommittee, as the case may be, has ily’s pre-World War II cultural and eco- been notified in writing of the date, time, nomic status. By the 1960s, he was slovakia’s first free and fair elections since 1946, for the normalization of and place of such session and has been fur- working in theater and writing plays. nished a copy of the measure to be consid- But by 1969, the Communist regime had trade relations between our two coun- ered at least 3 business days prior to the deemed him ‘‘subversive,’’ and his pass- tries, and for the Czech Republic’s ac- commencement of such session, or [2] the port was confiscated. cession to NATO. Not surprisingly, the Chairman of the Committee or Sub- In 1977, he took the daring step of work of Charter 77 continues to inspire, committee determines that exigent cir- cumstances exist requiring that the session joining two others—Jan Patocka and as is evidenced by the adoption of the name ‘‘Charter 97’’ by human rights ac- be held sooner. Jiri Hajek—in becoming the first [f] Prior notice of first degree amend- spokesmen for the newly established tivists in Belarus, who are still work- ing to bring to their own country a ments. It shall not be in order for the Com- ‘‘Charter 77’’ movement. This group mittee or a Subcommittee to consider any sought to compel the Czechoslovak measure of democracy and respect for amendment in the first degree proposed to Government to abide by the inter- human rights that Czechs have now en- any measure under consideration by the national human rights commitments it joyed for some years. Committee or Subcommittee unless fifty had freely undertaken, including the I am therefore pleased to recognize written copies of such amendment have been Helsinki Final Act. the 30th anniversary of the Charter 77 delivered to the office of the Committee at least 2 business days prior to the meeting. It In the 1970s and 1980s, Vaclav Havel movement and to join others in hon- shall be in order, without prior notice, for a was repeatedly imprisoned because of oring Vaclav Havel who remains, to Senator to offer a motion to strike a single his human rights work. His longest pe- this day, the conscience of the global section of any measure under consideration. riod of imprisonment was 41⁄2 years, community. Such a motion to strike a section of the

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.011 SWEST PsN: S07MRPT1 S2792 CONGRESSIONAL RECORD — SENATE March 7, 2007 measure under consideration by the Com- request, the Chairman of the Subcommittee [d] Subpoena of witnesses. Witnesses may mittee or Subcommittee shall not be amend- does not call the requested special meeting, be subpoenaed by the Chairman of the Com- able. This section may be waived by a major- to be held within 7 calendar days after the mittee or a Subcommittee with the agree- ity of the members of the Committee or Sub- filing of the request, a majority of the mem- ment of the Ranking Member of the Com- committee voting, or by agreement of the bers of the Subcommittee may file in the of- mittee or Subcommittee or by a majority Chairman and Ranking Member. This sub- fices of the Committee their written notice vote of the Committee or Subcommittee. section shall apply only when the conditions that a special meeting of the Subcommittee [e] Counsel permitted. Any witness subpoe- of subsection [e][1] have been met. will be held, specifying the date and hour of naed by the Committee or Subcommittee to [g] Cordon rule. Whenever a bill or joint that special meeting. The Subcommittee a public or executive hearing may be accom- resolution repealing or amending any stat- shall meet on that date and hour. Imme- panied by counsel of his or her own choosing ute or part thereof shall be before the Com- diately upon the filing of the notice, the who shall be permitted, while the witness is mittee or Subcommittee, from initial consid- Clerk of the Committee shall notify all testifying, to advise him or her of his or her eration in hearings through final consider- members of the Subcommittee that such spe- legal rights. ation, the Clerk shall place before each cial meeting will be held and inform them of [f] Expenses of witnesses. No witness shall member of the Committee or Subcommittee its date and hour. If the Chairman of the be reimbursed for his or her appearance at a a print of the statute or the part or section Subcommittee is not present at any regular public or executive hearing before the Com- thereof to be amended or repealed showing or special meeting of the Subcommittee, the mittee or Subcommittee unless such reim- by stricken-through type, the part or parts Ranking Member of the majority party on bursement is agreed to by the Chairman and to be omitted, and in italics, the matter pro- the Subcommittee who is present shall pre- Ranking Member of the Committee. posed to be added. In addition, whenever a side at that meeting. [g] Limits of questions. Questioning of a member of the Committee or Subcommittee [h] Voting. No measure or matter shall be witness by members shall be limited to 5 offers an amendment to a bill or joint resolu- recommended from a Subcommittee to the minutes duration when 5 or more members tion under consideration, those amendments Committee unless a majority of the Sub- are present and 10 minutes duration when shall be presented to the Committee or Sub- committee are actually present. The vote of less than 5 members are present, except that committee in a like form, showing by typo- the Subcommittee to recommend a measure if a member is unable to finish his or her graphical devices the effect of the proposed or matter to the Committee shall require the questioning in this period, he or she may be amendment on existing law. The require- concurrence of a majority of the members of permitted further questions of the witness ments of this subsection may be waived the Subcommittee voting. On Subcommittee after all members have been given an oppor- when, in the opinion of the Committee or matters other than a vote to recommend a tunity to question the witness. Subcommittee Chairman, it is necessary to measure or matter to the Committee no Additional opportunity to question a wit- expedite the business of the Committee or record vote shall be taken unless a majority ness shall be limited to a duration of 5 min- Subcommittee. of the Subcommittee is actually present. utes until all members have been given the opportunity of questioning the witness for a RULE 3. SUBCOMMITTEES Any absent member of a Subcommittee may affirmatively request that his or her vote to second time. This 5-minute period per mem- [a] Authorization for. A Subcommittee of recommend a measure or matter to the Com- ber will be continued until all members have the Committee may be authorized only by mittee or his vote on any such other matters exhausted their questions of the witness. the action of a majority of the Committee. RULE 5. VOTING [b] Membership. No member may be a on which a record vote is taken, be cast by member of more than three Subcommittees proxy. The proxy shall be in writing and [a] Vote to report a measure or matter. No and no member may chair more than one shall be sufficiently clear to identify the measure or matter shall be reported from the Subcommittee. No member will receive as- subject matter and to inform the Sub- Committee unless a majority of the Com- signment to a second Subcommittee until, in committee as to how the member wishes his mittee is actually present. The vote of the order of seniority, all members of the Com- or her vote to be recorded thereon. By writ- Committee to report a measure or matter mittee have chosen assignments to one Sub- ten notice to the Chairman of the Sub- shall require the concurrence of a majority committee, and no member shall receive as- committee any time before the record vote of the members of the Committee who are signment to a third Subcommittee until, in on the measure or matter concerned is present. order of seniority, all members have chosen taken, the member may withdraw a proxy Any absent member may affirmatively re- assignments to two Subcommittees. previously given. All proxies shall be kept in quest that his or her vote to report a matter [c] Investigations. No investigation shall the files of the Committee. be cast by proxy. The proxy shall be suffi- be initiated by a Subcommittee unless the RULE 4. WITNESSES ciently clear to identify the subject matter, Senate or the full Committee has specifi- [a] Filing of statements. Any witness ap- and to inform the Committee as to how the cally authorized such investigation. pearing before the Committee or Sub- member wishes his vote to be recorded there- [d] Hearings. No hearing of a Sub- committee [including any witness rep- on. By written notice to the Chairman any committee shall be scheduled outside the resenting a Government agency] must file time before the record vote on the measure District of Columbia without prior consulta- with the Committee or Subcommittee [24 or matter concerned is taken, any member tion with the Chairman and then only by hours preceding his or her appearance] 75 may withdraw a proxy previously given. All agreement between the Chairman of the Sub- copies of his or her statement to the Com- proxies shall be kept in the files of the Com- committee and the Ranking Member of the mittee or Subcommittee, and the statement mittee, along with the record of the rollcall Subcommittee or by a majority vote of the must include a brief summary of the testi- vote of the members present and voting, as Subcommittee. mony. In the event that the witness fails to an official record of the vote on the measure [e] Confidential testimony. No confidential file a written statement and brief summary or matter. [b] Vote on matters other than to report a testimony taken or confidential material in accordance with this rule, the Chairman measure or matter. On Committee matters presented at an executive session of the Sub- of the Committee or Subcommittee has the other than a vote to report a measure or committee or any report of the proceedings discretion to deny the witness the privilege matter, no record vote shall be taken unless of such executive session shall be made pub- of testifying before the Committee or Sub- a majority of the Committee are actually lic, either in whole or in part or by way of committee until the witness has properly present. On any such other matter, a mem- summary, unless specifically authorized by complied with the rule. the Chairman of the Subcommittee and the [b] Length of statements. Written state- ber of the Committee may request that his Ranking Member of the Subcommittee, or by ments properly filed with the Committee or or her vote may be cast by proxy. The proxy a majority vote of the Subcommittee. Subcommittee may be as lengthy as the wit- shall be in writing and shall be sufficiently [f] Interrogation of witnesses. Sub- ness desires and may contain such docu- clear to identify the subject matter, and to committee interrogation of a witness shall ments or other addenda as the witness feels inform the Committee as to how the member be conducted only by members of the Sub- is necessary to present properly his or her wishes his or her vote to be recorded there- committee or such professional staff as is au- views to the Committee or Subcommittee. on. By written notice to the Chairman any thorized by the Chairman or the Ranking The brief summary included in the state- time before the vote on such other matter is Member of the Subcommittee. ment must be no more than 3 pages long. It taken, the member may withdraw a proxy [g] Special meetings. If at least three shall be left to the discretion of the Chair- previously given. All proxies relating to such members of a Subcommittee desire that a man of the Committee or Subcommittee as other matters shall be kept in the files of the special meeting of the Subcommittee be to what portion of the documents presented Committee. called by the Chairman of the Sub- to the Committee or Subcommittee shall be RULE 6. QUORUM committee, those members may file in the published in the printed transcript of the No executive session of the Committee or a offices of the Committee their written re- hearings. Subcommittee shall be called to order unless quest to the Chairman of the Subcommittee [c] Ten-minute duration. Oral statements a majority of the Committee or Sub- for that special meeting. Immediately upon of witnesses shall be based upon their filed committee, as the case may be, are actually the filing of the request, the Clerk of the statements but shall be limited to 10 min- present. Unless the Committee otherwise Committee shall notify the Chairman of the utes duration. This period may be limited or provides or is required by the Rules of the Subcommittee of the filing of the request. If, extended at the discretion of the Chairman Senate, one member shall constitute a within 3 calendar days after the filing of the presiding at the hearings. quorum for the receipt of evidence, the

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.038 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2793 swearing in of witnesses, and the taking of Nominees are requested to answer all ques- Colonel Enzel began her military ca- testimony. tions, and to add additional pages where nec- reer as a staff nurse at Tripler Army RULE 7. STAFF PRESENT ON DAIS essary. Medical Center, HI. She quickly rose Only members and the Clerk of the Com- f through the ranks and served through- mittee shall be permitted on the dais during ADDITIONAL STATEMENTS out the country, including in New Jer- public or executive hearings, except that a sey, Colorado, Texas, Arizona, Georgia, member may have one staff person accom- as well as two other tours at Tripler pany him or her during such public or execu- Army Medical Center. tive hearing on the dais. If a member desires HONORING JAMES LONNIE JERDEN In each assignment, Colonel Enzel ex- a second staff person to accompany him or ∑ Mr. ISAKSON. Mr. President, today I her on the dais he or she must make a re- celled and was rewarded with greater honor a wonderful Georgian, James responsibilities. After serving as ambu- quest to the Chairman for that purpose. Lonnie ‘‘J.L.’’ Jerden of Atlanta, as he RULE 8. COINAGE LEGISLATION latory section chief at Fort Hood, TX, prepares to celebrate his 70th birthday. she transitioned to Recruiting Com- At least 67 Senators must cosponsor any Now, J.L. is no ordinary Georgian. gold medal or commemorative coin bill or mand, serving as the 2nd Recruiting His beautiful daughter Susan is mar- Brigade chief nurse and later as the 2nd resolution before consideration by the Com- ried to my son John, and we share four mittee. Army Medical Detachment com- amazing grandchildren. I am proud to mander. Colonel Enzel successfully as- EXTRACTS FROM THE STANDING RULES consider him part of my extended fam- OF THE SENATE similated into the highly complex re- ily. cruiting environment and became the Rule XXV, Standing Committees J.L. was born on March 19, 1937, in 1. The following standing committees shall No. 1 subject matter expert for Army Memphis, TN, where he was one of medical recruiting. be appointed at the commencement of each eight children. In high school, he was Congress, and shall continue and have the With her path to executive leadership power to act until their successors are ap- salutatorian of his senior class and the clearly set, Colonel Enzel served as pointed, with leave to report by bill or other- statewide president of Beta Club as deputy commander at Fort Huachuca, wise on matters within their respective ju- well as an accomplished athlete on the AZ. Colonel Enzel spearheaded the re- risdictions: football and baseball fields. Somehow, engineering process as the hospital [d][1] Committee on Banking, Housing, and he also managed to find time to play downsized to a freestanding clinic. Urban Affairs, to which committee shall be bass in a warm-up band for Elvis. He referred all proposed legislation, messages, Colonel Enzel returned to Hawaii, serv- attended Rhodes College where he ing as deputy director and later direc- petitions, memorials, and other matters re- played football. lating to the following subjects: tor, clinical services, TRICARE Pacific 1. Banks, banking, and financial institu- Following graduation, J.L. worked Lead Agency, Tripler Army Medical tions. for Aetna before joining and becoming Center. She managed complex health 2. Control of prices of commodities, rents, a partner in Pritchard and Jerden, one care issues in a joint arena for 380,000 and services. of the largest commercial insurance beneficiaries in 70 countries spread 3. Deposit insurance. brokerage houses in Atlanta. J.L. also across 13 time zones and 100 million 4. Economic stabilization and defense pro- found time to serve as a Southeastern duction. square miles. Colonel Enzel’s last as- Conference football official for 7 years signment was in Texas, as deputy com- 5. Export and foreign trade promotion. in the 1970s and chair the Atlanta Golf 6. Export controls. mander for patient services/nursing, 7. Federal monetary policy, including Fed- Classic. He also was the national presi- William Beaumont Army Medical Cen- eral Reserve System. dent of the Chartered Property Cas- ter, Ft. Bliss, TX. She managed care 8. Financial aid to commerce and industry. ualty Underwriters Society. provided to 132,000 beneficiaries at this 9. Issuance and redemption of notes. Today, J.L. enjoys spending time 150-bed teaching hospital. The in- 10. Money and credit, including currency with his lovely wife Jane, their three creased productivity of the hospital and coinage. children, and their four grandchildren. 11. Nursing home construction. has in large part been due to her drive He is an active member at Northside and leadership. 12. Public and private housing [including Drive Baptist Church, where he serves veterans’ housing]. Colonel Enzel is a meritorious leader, 13. Renegotiation of Government con- as a deacon and has chaired a variety administrator, clinician, educator, and tracts. of committees throughout the years. mentor. Throughout her career she has 14. Urban development and urban mass He is also a strong supporter of the At- served with valor and profoundly im- transit. lanta Food Bank and Children’s pacted the entire Army Medical De- [2] Such committee shall also study and re- Healthcare of Atlanta. partment. Her performance reflects ex- view, on a comprehensive basis, matters re- It gives me a great deal of pleasure lating to international economic policy as it ceptionally on herself, the U.S. Army, and it is a privilege to recognize on the the Department of Defense, and the affects United States monetary affairs, cred- floor of the U.S. Senate the contribu- it, and financial institutions; economic United States of America. I extend my growth, urban affairs, and credit, and report tions of my dear friend J.L. Jerden as deepest appreciation to COL Lenore thereon from time to time. he prepares to celebrate this milestone. Suzan Enzel on behalf of a grateful na- ∑ COMMITTEE PROCEDURES FOR He is an inspiration to us all. tion for her more than 30 years of dedi- PRESIDENTIAL NOMINEES f cated military service.∑ Procedures formally adopted by the U.S. TRIBUTE TO COLONEL LENORE f Senate Committee on Banking, Housing, and SUSAN ENZEL Urban Affairs, February 4, 1981, establish a TRIBUTE TO PUTNAM COUNTY, uniform questionnaire for all Presidential ∑ Mr. INOUYE. Mr. President, I would GEORGIA nominees whose confirmation hearings come like to recognize a great American and ∑ Mr. ISAKSON. Mr. President, today I before this Committee. true military heroine who has honor- honor the 200th Anniversary of Putnam In addition, the procedures establish that: ably served our country for 30 years in County, GA. [1] A confirmation hearing shall normally the U.S. Army Nurse Corps: COL Le- be held at least 5 days after receipt of the Putnam County was created by an completed questionnaire by the Committee nore S. Enzel. COL Lenore Enzel was act of the Georgia Assembly on Decem- unless waived by a majority vote of the Com- born in Brooklyn and raised in Queens, ber 10, 1807. It was laid out from Bald- mittee. NY. She received her diploma in nurs- win County and lies in the heart of [2] The Committee shall vote on the con- ing from Roosevelt Hospital School of Georgia’s Piedmont region. It was firmation not less than 24 hours after the Nursing, her baccalaureate degree in named for one of the most noted patri- Committee has received transcripts of the nursing from Hunter College-Bellevue ots of the Revolutionary War, GEN hearing unless waived by unanimous con- Hospital, and her master’s degree from Israel Putnam of Massachusetts. sent. the University of Hawaii. Upon retiring [3] All nominees routinely shall testify The city of Eatonton was founded as under oath at their confirmation hearings. from the U.S. Army after faithfully the seat of Putnam County in 1808 and This questionnaire shall be made a part of serving for 30 years, Colonel Enzel and was incorporated the following year. the public record except for financial infor- her husband, LTC Richard Berry, will Known as the ‘‘Dairy Capital of Geor- mation, which shall be kept confidential. reside in New York. gia,’’ Putnam County is also home to

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.041 SWEST PsN: S07MRPT1 S2794 CONGRESSIONAL RECORD — SENATE March 7, 2007 Rock Eagle 4–H Center. The Rock Children and Families Day, in order to en- tion Area; Savannah River, Savannah, GA Eagle Mound is 102 feet long and 120 courage adults in the United States to sup- (CGD07–05–138)’’ (RIN1625–AA11) received on feet wide. It is believed to have been port and listen to children and to help chil- March 1, 2007; to the Committee on Com- built by Native Americans over 2,000 dren throughout the Nation achieve their merce, Science, and Transportation. hopes and dreams, and for other purposes. years ago and was listed on the Na- EC–884. A communication from the Chief of f Regulations and Administrative Law, U.S. tional Register of Historic Places in Coast Guard, Department of Homeland Secu- 1978. Putnam County is also the birth- MEASURES REFERRED rity, transmitting, pursuant to law, the re- place of several famous Georgians, in- The following bill was read the first port of a rule entitled ‘‘Drawbridge Oper- cluding journalist and author Joel ations (including 6 regulations beginning Chandler Harris, author Alice Walker, and the second times by unanimous with CGD07–05–097)’’ (RIN1625–AA01) received and Chick-fil-a founder and CEO S. consent, and referred as indicated: on March 1, 2007; to the Committee on Com- Truett Cathy. H.R. 399. An act to designate the United merce, Science, and Transportation. It gives me a great deal of pleasure States Courthouse to be constructed in Jack- EC–885. A communication from the Chief of son, Mississippi, as the ‘‘R. Jess Brown and it is a privilege to recognize on the Regulations and Administrative Law, U.S. United States Courthouse’’; to the Com- Coast Guard, Department of Homeland Secu- floor of the U.S. Senate the contribu- mittee on the Judiciary. rity, transmitting, pursuant to law, the re- tions of Putnam County to the State of The following concurrent resolution port of a rule entitled ‘‘Mariner Licensing Georgia. I congratulate this great was read, and referred as indicated: and Documentation Program Restructuring county on its 200th anniversary.∑ and Centralization; Correction’’ (RIN1625– H. Con. Res. 62. Concurrent resolution sup- f ZA09) received on March 1, 2007; to the Com- porting the goals and ideals of a National mittee on Commerce, Science, and Transpor- MESSAGES FROM THE PRESIDENT Children and Families Day, in order to en- tation. courage adults in the United States to sup- EC–886. A communication from the Chief of Messages from the President of the port and listen to children and to help chil- Regulations and Administrative Law, U.S. United States were communicated to dren throughout the Nation achieve their Coast Guard, Department of Homeland Secu- the Senate by Ms. Evans, one of his hopes and dreams, and for other purposes; to rity, transmitting, pursuant to law, the re- the Committee on Health, Education, Labor, secretaries. port of a rule entitled ‘‘Drawbridge Oper- and Pensions. f ation Regulations; Amendments’’ (RIN1625– EXECUTIVE MESSAGES REFERRED f AA36) received on March 1, 2007; to the Com- mittee on Commerce, Science, and Transpor- As in executive session the Presiding EXECUTIVE AND OTHER tation. Officer laid before the Senate messages COMMUNICATIONS EC–887. A communication from the Chief of from the President of the United The following communications were Regulations and Administrative Law, U.S. States submitting sundry nominations laid before the Senate, together with Coast Guard, Department of Homeland Secu- which were referred to the appropriate accompanying papers, reports, and doc- rity, transmitting, pursuant to law, the re- committees. uments, and were referred as indicated: port of a rule entitled ‘‘Technical Amend- (The nominations received today are ments; Marine Safety Center Address EC–878. A communication from the Admin- Change’’ (RIN1625–ZA12) received on March 1, printed at the end of the Senate pro- istrator, Federal Aviation Administration, 2007; to the Committee on Commerce, ceedings.) Department of Transportation, transmitting, Science, and Transportation. f pursuant to law, the Administration’s Cap- EC–888. A communication from the Attor- ital Investment Plan for fiscal years 2008– MESSAGE FROM THE HOUSE ney Advisor, U.S. Coast Guard, Department 2012; to the Committee on Commerce, of Homeland Security, transmitting, pursu- At 2:31 p.m., a message from the Science, and Transportation. ant to law, the report of a rule entitled House of Representatives, delivered by EC–879. A communication from the Sec- ‘‘Rates for Pilotage on the Great Lakes’’ retary of Transportation, transmitting, pur- (RIN1625–AB05) received on March 1, 2007; to Mr. Hays, one of its reading clerks, an- suant to law, the Department’s 2007 annual nounced that the House has passed the the Committee on Commerce, Science, and report relative to the regulatory status of Transportation. following bills, in which it requests the each safety recommendation on the National EC–889. A communication from the Acting concurrence of the Senate: Transportation Safety Board’s Most Wanted Chief Financial Officer, Department of En- List; to the Committee on Commerce, H.R. 399. An act to designate the United ergy, transmitting, pursuant to law, a report Science, and Transportation. States Courthouse to be constructed in Jack- relative to the Department’s carryover bal- EC–880. A communication from the Chief of son, Mississippi, as the ‘‘R. Jess Brown ances for fiscal year ended September 30, Regulations and Administrative Law, U.S. United States Courthouse’’. 2006; to the Committee on Energy and Nat- Coast Guard, Department of Homeland Secu- H.R. 544. An act to designate the United ural Resources. rity, transmitting, pursuant to law, the re- States courthouse at South Federal Place in EC–890. A communication from the Sec- Santa Fe, New Mexico, as the ‘‘Santiago E. port of a rule entitled ‘‘Safety Zones (includ- ing 6 regulations beginning with CGD09–06– retary of Energy, transmitting, the report of Campos United States Courthouse’’. proposed legislation relative to the repeal of H.R. 584. An act to designate the Federal 174)’’ (RIN1625–AA00) received on March 1, subtitle J of Title IX of the Energy Policy building located at 400 Maryland Avenue 2007; to the Committee on Commerce, Act of 2005; to the Committee on Energy and Southwest in the District of Columbia as the Science, and Transportation. Natural Resources. ‘‘Lyndon Baines Johnson Department of EC–881. A communication from the Chief of Education Building’’. Regulations and Administrative Law, U.S. EC–891. A communication from the Assist- H.R. 987. An act to endorse further enlarge- Coast Guard, Department of Homeland Secu- ant Secretary of the Army (Civil Works), ment of the North Atlantic Treaty Organiza- rity, transmitting, pursuant to law, the re- transmitting, pursuant to law, a report rel- tion (NATO) and to facilitate the timely ad- port of a rule entitled ‘‘Security Zone; Wa- ative to the review of the Gulf Intracoastal mission of new members to NATO, and for ters Surrounding M/V TONG CHENG, HI’’ Waterway between Palacios Point and Port other purposes. (RIN1625–AA87) received on March 1, 2007; to O’Connor, Texas, by the Army Corps of Engi- neers; to the Committee on Environment and The message also announced that the the Committee on Commerce, Science, and Transportation. Public Works. House has agreed to the following con- EC–882. A communication from the Chief of EC–892. A communication from the Prin- current resolution, without amend- Regulations and Administrative Law, U.S. cipal Deputy Associate Administrator, Office ment: Coast Guard, Department of Homeland Secu- of Policy, Economics and Innovation, Envi- S. Con. Res. 15. Concurrent resolution au- rity, transmitting, pursuant to law, the re- ronmental Protection Agency, transmitting, thorizing the Rotunda of the Capitol to be port of a rule entitled ‘‘Drawbridge Oper- pursuant to law, the report of a rule entitled used on March 29, 2007, for a ceremony to ation Regulations; Biscayne Bay, Atlantic ‘‘National Priorities List’’ (FRL No. 8283–7) award the Congressional Gold Medal to the Intracoastal Waterway, Miami River, and received on March 2, 2007; to the Committee Tuskegee Airmen. Miami Beach Channel, Miami-Dade County, on Environment and Public Works. The message further announced that FL (CGD07–07–010)’’ (RIN1625–AA09) received EC–893. A communication from the Prin- on March 1, 2007; to the Committee on Com- cipal Deputy Associate Administrator, Office the House has agreed to the following merce, Science, and Transportation. of Policy, Economics and Innovation, Envi- concurrent resolution, in which it re- EC–883. A communication from the Chief of ronmental Protection Agency, transmitting, quests the concurrence of the Senate: Regulations and Administrative Law, U.S. pursuant to law, the report of a rule entitled Q02 Coast Guard, Department of Homeland Secu- ‘‘Approval and Promulgation of Air Quality H. Con. Res. 62. Concurrent resolution sup- rity, transmitting, pursuant to law, the re- Implementation Plans; Virginia; Amend- porting the goals and ideals of a National port of a rule entitled ‘‘Regulated Naviga- ments to VOC and NOx Emission Control

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.055 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2795 Areas and VOC Control Regulations’’ (FRL INTRODUCTION OF BILLS AND definition of manipulation with respect to No. 8282–9) received on March 2, 2007; to the JOINT RESOLUTIONS currency, and for other purposes; to the Committee on Environment and Public Committee on Finance. Works. The following bills and joint resolu- By Mr. CARDIN (for himself, Ms. MI- EC–894. A communication from the Prin- tions were introduced, read the first KULSKI, Mr. WARNER, and Mr. WEBB): cipal Deputy Associate Administrator, Office and second times by unanimous con- S. 797. A bill to amend the National Trails of Policy, Economics and Innovation, Envi- sent, and referred as indicated: System Act to designate the Star-Spangled ronmental Protection Agency, transmitting, Banner Trail in the States of Maryland and By Mr. MARTINEZ: pursuant to law, the report of a rule entitled Virginia and the District of Columbia as a S. 787. A bill to impose a 2-year morato- ‘‘Nonattainment New Source Review’’ National Historic Trail; to the Committee on rium on implementation of a proposed rule ((RIN2060–AM59)(FRL No. 8283–9)) received on Energy and Natural Resources. relating to the Federal-State financial part- March 2, 2007; to the Committee on Environ- By Mr. CARDIN (for himself, Ms. MI- ment and Public Works. nerships under Medicaid and the State Chil- KULSKI, Mr. WARNER, Mr. WEBB, Mr. EC–895. A communication from the Chief of dren’s Health Insurance Program; to the LEVIN, and Mrs. CLINTON): the Branch of Bird Conservation, Migratory Committee on Finance. S. 798. A bill to establish the Star-Spangled Bird Program, Department of the Interior, By Mr. SUNUNU (for himself, Mr. CAR- Banner and War of 1812 Bicentennial Com- transmitting, pursuant to law, the report of PER, Mrs. DOLE, Mr. CHAMBLISS, and mission, and for other purposes; to the Com- a rule entitled ‘‘Migratory Bird Permits; Mr. SMITH): mittee on the Judiciary. Take of Migratory Birds by the Armed S. 788. A bill to authorize the Moving to By Mr. HARKIN (for himself, Mr. SPEC- Forces’’ (RIN1018–AI92) received on March 1, Work Charter program to enable public hous- TER, Mr. KENNEDY, Mr. INOUYE, Mr. 2007; to the Committee on Environment and ing agencies to improve the effectiveness of SALAZAR, Mr. BIDEN, Mr. LIEBERMAN, Public Works. Federal housing assistance, and for other Mrs. CLINTON, Mr. SCHUMER, and Mr. EC–896. A communication from the Chief of purposes; to the Committee on Banking, DODD): the Federal Duck Stamp Office, Fish and Housing, and Urban Affairs. S. 799. A bill to amend title XIX of the So- Wildlife Service, Department of the Interior, By Mr. GRASSLEY (for himself, Mr. cial Security Act to provide individuals with transmitting, pursuant to law, the report of LIEBERMAN, Ms. COLLINS, and Mr. disabilities and older Americans with equal a rule entitled ‘‘Revision of Migratory Bird COLEMAN): access to community-based attendant serv- Hunting and Conservation Stamp Contest S. 789. A bill to prevent abuse of Govern- ices and supports, and for other purposes; to Regulations’’ (RIN1018–AU94) received on ment credit cards; to the Committee on the Committee on Finance. March 1, 2007; to the Committee on Environ- Homeland Security and Governmental Af- By Mr. SCHUMER: ment and Public Works. fairs. S. 800. A bill to establish the Niagara Falls EC–897. A communication from the Assist- By Mr. LUGAR (for himself, Mr. KEN- National Heritage Area in the State of New ant Secretary for Import Administration, NEDY, and Mr. CHAMBLISS): York, and for other purposes; to the Com- Foreign-Trade Zones Board, Department of S. 790. A bill to amend the Richard B. Rus- mittee on Energy and Natural Resources. Commerce, transmitting, pursuant to law, a sell National School Lunch Act to permit By Mrs. BOXER (for herself and Mrs. report relative to the activities of the Board the simplified summer food programs to be FEINSTEIN): during fiscal year 2005; to the Committee on carried out in all States and by all service S. 801. A bill to designate a United States courthouse located in Fresno, California, as Finance. institutions; to the Committee on Agri- the ‘‘Robert E. Coyle United States Court- EC–898. A communication from the Chief of culture, Nutrition, and Forestry. house’’; to the Committee on Environment the Publications and Regulations Branch, In- By Mr. LEVIN (for himself, Mr. and Public Works. ternal Revenue Service, Department of the VOINOVICH, Ms. STABENOW, Mr. SCHU- By Mr. CRAPO: Treasury, transmitting, pursuant to law, the MER, Mr. COLEMAN, Mrs. CLINTON, and report of a rule entitled ‘‘Moore v. Commis- S. 802. A bill to provide for the implemen- Mr. OBAMA): tation of the Owyhee Initiative Agreement, sioner, T.C. Memo 2006–171’’ (AOD: 2007–02) S. 791. A bill to establish a collaborative received on March 1, 2007; to the Committee and for other purposes; to the Committee on program to protect the Great Lakes, and for Energy and Natural Resources. on Finance. other purposes; to the Committee on Envi- EC–899. A communication from the Chief of By Mr. ROCKEFELLER (for himself, ronment and Public Works. Mr. CORNYN, Mr. KOHL, Ms. SNOWE, the Publications and Regulations Branch, In- By Mr. SMITH (for himself and Mr. ternal Revenue Service, Department of the and Mr. COLEMAN): BINGAMAN): Treasury, transmitting, pursuant to law, the S. 803. A bill to repeal a provision enacted S. 792. A bill to amend the Internal Rev- to end Federal matching of State spending of report of a rule entitled ‘‘Corporate Reorga- enue Code of 1986 and the Employee Retire- nizations; Additional Guidance on Distribu- child support incentive payments; to the ment Income Security Act of 1974 to modify tion Under Sections 368(a)(1)(D) and Committee on Finance. the definition of governmental plan with re- 354(b)(B)’’ ((RIN1545–BG29)(TD 9313)) received By Mrs. CLINTON (for herself, Mrs. spect to Indian tribal governments; to the on March 1, 2007; to the Committee on Fi- BOXER, Ms. MIKULSKI, Mr. KERRY, Mr. Committee on Health, Education, Labor, and nance. LEAHY, and Mr. LAUTENBERG): EC–900. A communication from the U.S. Pensions. S. 804. A bill to amend the Help America Trade Representative, Executive Office of By Mr. HATCH (for himself and Mr. Vote Act of 2002 to improve the administra- the President, transmitting, pursuant to KENNEDY): tion of elections for Federal office, and for law, the 2007 Trade Policy Agenda and 2006 S. 793. A bill to provide for the expansion other purposes; to the Committee on Rules Annual Report on the Trade Agreements and improvement of traumatic brain injury and Administration. Program; to the Committee on Finance. programs; to the Committee on Health, Edu- By Mr. DURBIN (for himself, Mr. COLE- EC–901. A communication from the U.S. cation, Labor, and Pensions. MAN, Mr. FEINGOLD, Mr. DODD, Mr. Global AIDS Coordinator, Department of By Mrs. LINCOLN (for herself, Mr. KERRY, and Mr. BINGAMAN): State, transmitting, pursuant to law, a re- LUGAR, Mr. BINGAMAN, and Ms. S. 805. A bill to amend the Foreign Assist- port relative to the President’s Emergency SNOWE): ance Act of 1961 to assist countries in sub- Saharan Africa in the effort to achieve inter- Plan for AIDS Relief; to the Committee on S. 794. A bill to amend titles XIX and XXI nationally recognized goals in the treatment Foreign Relations. of the Social Security Act to provide States EC–902. A communication from the Direc- with the option to expand or add coverage of and prevention of HIV/AIDS and other major tor, National Science Foundation, transmit- pregnant women under the Medicaid and diseases and the reduction of maternal and child mortality by improving human health ting, pursuant to law, a report entitled State children’s health insurance programs, care capacity and improving retention of ‘‘Women, Minorities, and Persons With Dis- and for other purposes; to the Committee on medical health professionals in sub-Saharan abilities in Science and Engineering: 2007’’; Finance. Africa, and for other purposes; to the Com- to the Committee on Health, Education, By Mr. OBAMA (for himself, Mr. mittee on Foreign Relations. Labor, and Pensions. MENENDEZ, Mr. SALAZAR, and Mr. By Mr. PRYOR: EC–903. A communication from the Direc- BINGAMAN): S. 806. A bill to give consumers tools to S. 795. A bill to assist aliens who have been tor, Office of Personnel Management, trans- protect themselves from ID theft by allowing lawfully admitted in becoming citizens of mitting proposed legislation to make im- them to prevent unauthorized access to their the United States, and for other purposes; to provements to the Civil Service Retirement credit reports, and for other purposes; to the the Committee on the Judiciary. System and the Federal Employees’ Retire- Committee on Banking, Housing, and Urban ment System; to the Committee on Home- By Mr. BUNNING (for himself, Ms. Affairs. land Security and Governmental Affairs. STABENOW, Mr. BAYH, Ms. SNOWE, and EC–904. A communication from the Chair- Mr. LEVIN): f man, Labor Member, and Management Mem- S. 796. A bill to amend title VII of the Tar- SUBMISSION OF CONCURRENT AND ber of the Railroad Retirement Board, trans- iff Act of 1930 to provide that exchange-rate SENATE RESOLUTIONS mitting, pursuant to law, the Board’s annual misalignment by any foreign nation is a report for calendar year 2006; to the Com- countervailable export subsidy, to amend the The following concurrent resolutions mittee on Homeland Security and Govern- Exchange Rates and International Economic and Senate resolutions were read, and mental Affairs. Policy Coordination Act of 1988 to clarify the referred (or acted upon), as indicated:

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.051 SWEST PsN: S07MRPT1 S2796 CONGRESSIONAL RECORD — SENATE March 7, 2007 By Mr. DODD (for himself, Mr. KERRY, S. 329 services under the Medicare program, and Mr. BIDEN): At the request of Mr. CRAPO, the and for other purposes. S. Res. 99. A resolution expressing the names of the Senator from Washington S. 438 sense of the Senate that United States mili- (Mrs. MURRAY) and the Senator from OCKEFELLER tary assistance to Pakistan should be guided At the request of Mr. R , by demonstrable progress by the Govern- Idaho (Mr. CRAIG) were added as co- the name of the Senator from Michigan ment of Pakistan in achieving certain objec- sponsors of S. 329, a bill to amend title (Ms. STABENOW) was added as a cospon- tives related to counterterrorism and demo- XVIII of the Social Security Act to sor of S. 438, a bill to amend the Fed- cratic reforms; to the Committee on Foreign provide coverage for cardiac rehabilita- eral Food, Drug, and Cosmetic Act to Relations. tion and pulmonary rehabilitation prohibit the marketing of authorized By Mrs. FEINSTEIN (for herself, Mr. services. generic drugs. CRAIG, Mrs. BOXER, Mr. COCHRAN, Ms. S. 359 S. 474 MURKOWSKI, Mr. DURBIN, Mr. At the request of Mrs. HUTCHISON, the BUNNING, Mr. BAYH, Mr. MCCONNELL, At the request of Mr. KENNEDY, the name of the Senator from Louisiana Mr. SALAZAR, Mrs. LINCOLN, Mrs. name of the Senator from Michigan ANDRIEU CLINTON, Mr. DODD, Mr. CRAPO, and (Ms. STABENOW) was added as a cospon- (Ms. L ) was added as a cospon- Mr. FEINGOLD): sor of S. 359, a bill to amend the Higher sor of S. 474, a bill to award a congres- S. Res. 100. A resolution designating the Education Act of 1965 to provide addi- sional gold medal to Michael Ellis week beginning March 12, 2007, as ‘‘National tional support to students. DeBakey, M. D. Safe Place Week’’; considered and agreed to. S. 479 S. 368 f At the request of Mr. HARKIN, the At the request of Mr. BIDEN, the name of the Senator from Minnesota ADDITIONAL COSPONSORS names of the Senator from Massachu- (Mr. COLEMAN) was added as a cospon- S. 65 setts (Mr. KENNEDY) and the Senator sor of S. 479, a bill to reduce the inci- At the request of Mr. INHOFE, the from Maryland (Mr. CARDIN) were dence of suicide among veterans. added as cosponsors of S. 368, a bill to names of the Senator from Texas (Mr. S. 494 amend the Omnibus Crime Control and CORNYN) and the Senator from Wyo- At the request of Mr. LUGAR, the ming (Mr. THOMAS) were added as co- Safe Streets Act of 1968 to enhance the names of the Senator from Nebraska sponsors of S. 65, a bill to modify the COPS ON THE BEAT grant program, (Mr. HAGEL) and the Senator from age-60 standard for certain pilots and and for other purposes. Delaware (Mr. BIDEN) were added as co- for other purposes. S. 377 sponsors of S. 494, a bill to endorse fur- S. 185 At the request of Mr. LUGAR, the ther enlargement of the North Atlantic At the request of Mr. LEAHY, the names of the Senator from Nebraska Treaty Organization (NATO) and to fa- name of the Senator from Connecticut (Mr. HAGEL), the Senator from Ohio cilitate the timely admission of new (Mr. DODD) was added as a cosponsor of (Mr. VOINOVICH) and the Senator from members to NATO, and for other pur- S. 185, a bill to restore habeas corpus Alaska (Ms. MURKOWSKI) were added as poses. for those detained by the United cosponsors of S. 377, a bill to establish S. 513 States. a United States-Poland parliamentary At the request of Mr. LEAHY, the S. 231 youth exchange program, and for other names of the Senator from Nebraska At the request of Mrs. FEINSTEIN, the purposes. (Mr. HAGEL) and the Senator from West names of the Senator from Massachu- S. 398 Virginia (Mr. BYRD) were added as co- setts (Mr. KENNEDY), the Senator from At the request of Mr. DORGAN, the sponsors of S. 513, a bill to amend title Maryland (Mr. CARDIN), the Senator name of the Senator from South Da- 10, United States Code, to revive pre- from Vermont (Mr. LEAHY), the Sen- kota (Mr. JOHNSON) was added as a co- vious authority on the use of the ator from Washington (Ms. CANTWELL) sponsor of S. 398, a bill to amend the Armed Forces and the militia to ad- and the Senator from Iowa (Mr. HAR- Indian Child Protection and Family Vi- dress interference with State or Fed- KIN) were added as cosponsors of S. 231, olence Prevention Act to identify and eral law, and for other purposes. a bill to authorize the Edward Byrne remove barriers to reducing child S. 558 Memorial Justice Assistance Grant abuse, to provide for examinations of At the request of Mr. DOMENICI, the Program at fiscal year 2006 levels certain children, and for other pur- name of the Senator from Florida (Mr. through 2012. poses. NELSON) was added as a cosponsor of S. 558, a bill to provide parity between S. 261 S. 404 health insurance coverage of mental At the request of Mr. THOMAS, the At the request of Ms. CANTWELL, the health benefits and benefits for med- names of the Senator from Wisconsin name of the Senator from Delaware ical and surgical services. (Mr. BIDEN) was added as a cosponsor of (Mr. FEINGOLD) and the Senator from S. 579 S. 261, a bill to amend title 18, United South Dakota (Mr. JOHNSON) were At the request of Mr. REID, the name States Code, to strengthen prohibitions added as cosponsors of S. 404, a bill to of the Senator from Texas (Mrs. against animal fighting, and for other amend the Agricultural Marketing Act HUTCHISON) was added as a cosponsor of of 1946 to require the implementation purposes. S. 579, a bill to amend the Public of country of origin labeling require- S. 305 Health Service Act to authorize the Di- ments by September 30, 2007. At the request of Mr. GRASSLEY, the rector of the National Institute of En- name of the Senator from Missouri S. 430 vironmental Health Sciences to make (Mrs. MCCASKILL) was added as a co- At the request of Mr. BOND, the name grants for the development and oper- sponsor of S. 305, a bill to amend the of the Senator from South Dakota (Mr. ation of research centers regarding en- Packers and Stockyards Act, 1921, to JOHNSON) was added as a cosponsor of vironmental factors that may be re- make it unlawful for a packer to own, S. 430, a bill to amend title 10, United lated to the etiology of breast cancer. feed, or control livestock intended for States Code, to enhance the national S. 593 slaughter. defense through empowerment of the At the request of Mr. BURR, the name S. 312 Chief of the National Guard Bureau of the Senator from Maine (Ms. SNOWE) At the request of Mr. GRAHAM, the and the enhancement of the functions was added as a cosponsor of S. 593, a name of the Senator from Tennessee of the National Guard Bureau, and for bill to amend the Public Health Serv- (Mr. CORKER) was added as a cosponsor other purposes. ice Act to establish a grant program to of S. 312, a bill to authorize the Marion S. 432 provide supportive services in perma- Park Project and Committee of the At the request of Mrs. LINCOLN, the nent supportive housing for chronically Palmetto Conservation Foundation to name of the Senator from Mississippi homeless individuals, and for other establish a commemorative work on (Mr. COCHRAN) was added as a cospon- purposes. Federal land in the District of Colum- sor of S. 432, a bill to amend title XVIII S. 624 bia and its environs to honor Brigadier of the Social Security Act to provide At the request of Ms. MIKULSKI, the General Francis Marion. coverage for kidney disease education names of the Senator from New Jersey

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.074 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2797 (Mr. MENENDEZ) and the Senator from bill to promote labor force participa- amendment No. 286 proposed to S. 4, a New York (Mr. SCHUMER) were added as tion of older Americans, with the goals bill to make the United States more se- cosponsors of S. 624, a bill to amend the of increasing retirement security, re- cure by implementing unfinished rec- Public Health Service Act to provide ducing the projected shortage of expe- ommendations of the 9/11 Commission waivers relating to grants for preven- rienced workers, maintaining future to fight the war on terror more effec- tive health measures with respect to economic growth, and improving the tively, to improve homeland security, breast and cervical cancers. Nation’s fiscal outlook. and for other purposes. S. 625 S. 713 At the request of Mr. SPECTER, the At the request of Mr. KENNEDY, the At the request of Mr. OBAMA, the name of the Senator from New Mexico name of the Senator from Maryland name of the Senator from Arkansas (Mr. BINGAMAN) was added as a cospon- (Mr. CARDIN) was added as a cosponsor (Mrs. LINCOLN) was added as a cospon- sor of amendment No. 286 proposed to of S. 625, a bill to protect the public sor of S. 713, a bill to ensure dignity in S. 4, supra. health by providing the Food and Drug care for members of the Armed Forces AMENDMENT NO. 293 Administration with certain authority recovering from injuries. At the request of Mr. GRASSLEY, the to regulate tobacco products. S. 761 name of the Senator from Maine (Ms. At the request of Mr. CORNYN, the At the request of Mr. REID, the name COLLINS) was added as a cosponsor of name of the Senator from Minnesota of the Senator from Georgia (Mr. amendment No. 293 intended to be pro- (Mr. COLEMAN) was added as a cospon- CHAMBLISS) was added as a cosponsor of posed to S. 4, a bill to make the United sor of S. 625, supra. S. 761, a bill to invest in innovation States more secure by implementing S. 651 and education to improve the competi- unfinished recommendations of the 9/11 At the request of Mr. HARKIN, the tiveness of the United States in the Commission to fight the war on terror name of the Senator from Florida (Mr. global economy. more effectively, to improve homeland NELSON) was added as a cosponsor of S. S. 764 security, and for other purposes. 651, a bill to help promote the national At the request of Mrs. CLINTON, the AMENDMENT NO. 295 recommendation of physical activity name of the Senator from Maine (Ms. At the request of Ms. LANDRIEU, the to kids, families, and communities COLLINS) was added as a cosponsor of S. names of the Senator from Florida (Mr. across the United States. 764, a bill to amend title XIX and XXI NELSON) and the Senator from Florida of the Social Security Act to permit S. 655 (Mr. MARTINEZ) were added as cospon- States the option of coverage of legal At the request of Mr. GRASSLEY, the sors of amendment No. 295 proposed to immigrants under the Medicaid Pro- names of the Senator from Texas (Mr. S. 4, a bill to make the United States gram and the State children’s health CORNYN) and the Senator from Maine more secure by implementing unfin- insurance program (SCHIP). (Ms. COLLINS) were added as cosponsors ished recommendations of the 9/11 of S. 655, a bill to amend the Congres- S. 766 Commission to fight the war on terror sional Charter of The American Na- At the request of Mrs. CLINTON, the more effectively, to improve homeland tional Red Cross to modernize its gov- names of the Senator from New Jersey security, and for other purposes. (Mr. LAUTENBERG) and the Senator ernance structure, to enhance the abil- AMENDMENT NO. 345 from Delaware (Mr. BIDEN) were added ity of the board of governors of The At the request of Mr. COBURN, the American National Red Cross to sup- as cosponsors of S. 766, a bill to amend name of the Senator from Arizona (Mr. the Fair Labor Standards Act of 1938 to port the critical mission of The Amer- KYL) was added as a cosponsor of ican Red Cross in the 21st century, and provide more effective remedies of vic- amendment No. 345 proposed to S. 4, a for other purposes. tims of discrimination in the payment bill to make the United States more se- of wages on the basis of sex, and for S. 658 cure by implementing unfinished rec- other purposes. At the request of Mr. THOMAS, the ommendations of the 9/11 Commission S. 771 name of the Senator from South Da- to fight the war on terror more effec- At the request of Mr. HARKIN, the kota (Mr. THUNE) was added as a co- tively, to improve homeland security, name of the Senator from Alaska (Mr. sponsor of S. 658, a bill to amend the and for other purposes. STEVENS) was added as a cosponsor of Endangered Species Act of 1973 to im- AMENDMENT NO. 359 S. 771, a bill to amend the Child Nutri- prove the process for listing, recovery AUTENBERG tion Act of 1966 to improve the nutri- At the request of Mr. L , planning, and delisting, and for other tion and health of schoolchildren by the name of the Senator from Okla- purposes. OBURN updating the definition of ‘‘food of homa (Mr. C ) was added as a co- S. 667 minimal nutritional value’’ to conform sponsor of amendment No. 359 intended At the request of Mrs. CLINTON, the to current nutrition science and to pro- to be proposed to S. 4, a bill to make name of the Senator from Massachu- tect the Federal investment in the na- the United States more secure by im- setts (Mr. KERRY) was added as a co- tional school lunch and breakfast pro- plementing unfinished recommenda- sponsor of S. 667, a bill to expand pro- grams. tions of the 9/11 Commission to fight the war on terror more effectively, to grams of early childhood home visita- S. 773 improve homeland security, and for tion that increase school readiness, At the request of Mr. WARNER, the other purposes. child abuse and neglect prevention, and name of the Senator from Virginia (Mr. AMENDMENT NO. 366 early identification of developmental WEBB) was added as a cosponsor of S. and health delays, including potential 773, a bill to amend the Internal Rev- At the request of Mr. SCHUMER, the mental health concerns, and for other enue Code of 1986 to allow Federal ci- name of the Senator from Arizona (Mr. purposes. vilian and military retirees to pay KYL) was added as a cosponsor of S. 675 health insurance premiums on a pretax amendment No. 366 proposed to S. 4, a At the request of Mr. HARKIN, the basis and to allow a deduction for bill to make the United States more se- name of the Senator from Washington TRICARE supplemental premiums. cure by implementing unfinished rec- (Ms. CANTWELL) was added as a cospon- S. 779 ommendations of the 9/11 Commission sor of S. 675, a bill to provide competi- At the request of Mr. CRAIG, the to fight the war on terror more effec- tive grants for training court reporters names of the Senator from Alaska (Mr. tively, to improve homeland security, and closed captioners to meet require- STEVENS) and the Senator from Alaska and for other purposes. ments for realtime writers under the (Ms. MURKOWSKI) were added as cospon- f Telecommunications Act of 1996, and sors of S. 779, a bill to reauthorize the for other purposes. Secure Rural Schools and Community STATEMENTS ON INTRODUCED S. 709 Self-Determination Act of 2000. BILLS AND JOINT RESOLUTIONS At the request of Mr. KOHL, the name AMENDMENT NO. 286 By Mr. GRASSLEY (for himself, of the Senator from Maine (Ms. SNOWE) At the request of Mr. DURBIN, his Mr. LIEBERMAN, Ms. COLLINS, was added as a cosponsor of S. 709, a name was added as a cosponsor of and Mr. COLEMAN):

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.046 SWEST PsN: S07MRPT1 S2798 CONGRESSIONAL RECORD — SENATE March 7, 2007 S. 789. A bill to prevent abuse of Gov- cards, government travel cards, and ordinarily would never be issued that ernment credit cards; to the Com- centrally billed accounts. By way of kind of credit. It’s no surprise then mittee on Homeland Security and Gov- background, government purchase when we learn that certain government ernmental Affairs. cards are essentially credit cards held employees have abused their govern- Mr. GRASSLEY. Mr. President, it’s by an agency that authorized individ- ment travel cards to buy jewelry, take time we put a stop to wasteful, abu- uals use to purchase items necessary in a New York Yankees game, or to sive, and fraudulent use of government for the work of the agency. Since the fuel an internet gambling habit. Such credit cards. In fact, it’s overdue. For agency pays the bills directly, the abusive charges often occur when the several years, I have been working with American taxpayer is on the hook cardholder is not even on travel at all. the Government Accountability Office when improper purchases slip through In fact, government travel cards have (GAO) to investigate misuse of govern- the cracks. That means hard working been used to provide cash advances in ment credit cards and the lack of inter- American citizens are paying for some- employees’ hometowns. There are even nal controls in agencies that breeds one else’s Christmas shopping, or at examples of charges at so called ‘‘gen- such activity. We have found the very least items with little or no tleman’s clubs’’ like Cheetah’s Lounge shockingly flagrant abuses like $2,443 legitimate public interest. Just like and De´ja` Vu Showgirls, and even at le- in taxpayers’ money going to pay for a the parents’ credit card in the hands of galized brothels. Suffice it to say that down payment on a sapphire ring at a an undisciplined teenager, government the GAO was able to determine that place called E-Z Pawn and $1,935 in tax- purchase cards in the hands of poorly these charges were not for food or payers’ money used to purchase two trained bureaucrats with inadequate other approved travel expenses. It also LA-Z-Boy reclining rocking chairs with oversight can lead to rash and ill-con- comes as no surprise when the GAO full lumbar support and vibrator-mas- sidered impulse buys. Take for instance found that employees issued govern- sage features, all using government an incident uncovered by the GAO ment travel cards despite bad credit purchase cards. Government travel when an individual at the Air Force often bounce checks when their bill cards, which are only to be used for le- Academy found a dead deer alongside comes due, sometimes repeatedly and gitimate travel-related expenditures, the road and decided to use a govern- fraudulently. Common sense then leads have been used to pay for everything ment purchase card to pay for mount- us to the same conclusion that the from women’s lingerie from Fred- ing the mule deer head to hang on the GAO came to through empirical anal- erick’s of Hollywood to tickets to the wall at the office. ysis, namely that a significant rela- Phantom of the Opera to a seven night Centrally billed accounts are another tionship exists between potential trav- Alaskan cruise for two. In each report credit product that federal agencies el card fraud, abuse, and delinquencies it has issued, the GAO has made rec- use, primarily for purchasing transpor- and individuals with substantial credit ommendations about what kind of con- tation services. Like purchase cards, history problems. That is why my leg- trols need to be implemented to pre- the bill is sent to the government so islation requires agencies to perform vent such abuses from occurring in the it’s the taxpayer who pays when the credit checks for travel card holders future. Our oversight work has helped bureaucrats let things slip through the and issue only restricted cards for shine a light on this problem and has cracks. For instance, we’ve had re- those with poor or no credit to reduce led to some improvements. Some agen- peated cases where government em- the potential for misuse. cies have moved to fix the specific ployees had airplane tickets purchased My bill would also require a series of shortcomings highlighted by the GAO, on their behalf directly from a cen- common sense internal controls, which and the Office of Management and trally billed account, and then they the GAO has found to be lacking in Budget has issued a circular to agen- sought and received reimbursement as many cases, to be implemented in cies that seeks to bring about an im- though they had paid for the ticket. In every federal agency. These include: proved control environment. However, other words, the ticket was paid for maintaining a record of each card- I believe a more comprehensive ap- twice with the employee pocketing the holder, including single transaction proach is needed. There is considerable cost the second time, and no one would limits and total credit limits so agen- commonality between the control be the wiser if it weren’t for the GAO. cies can effectively manage their card- breakdowns the GAO found in the The GAO has also found millions of holders; implementing periodic reviews agencies it investigated. The same con- dollars worth of fully refundable, un- to determine if cardholders have a need trols were often missing or inadequate, used airline tickets that no one both- for a card; properly recording rebates and therefore the same recommenda- ered to cash in. I was pleased to work to the government based on prompt tions are repeated in report after re- with Senator COLEMAN, then the Chair- payment; providing training for card- port. The OMB circular does not ad- man of the Permanent Subcommittee holders and managers; utilizing avail- dress many of these recommendations on Investigations, to bring these issues able technologies to prevent or catch and it makes no sense for the GAO to with centrally billed accounts to light, fraudulent purchases; establishing spe- visit every agency and bureau in the as well as Senator COLLINS, who was at cific policies about the number of cards Federal Government to point out the time the Chairman of the Govern- to be issued, the credit limits for cer- where they fall short. We know what is ment Affairs Committee. In addition to tain categories of cardholders, and cat- needed to prevent waste, fraud, and being co-requesters of the GAO reports, egories of employees eligible to be abuse of government credit cards and they held hearings in their respective issued cards; invalidating cards when we must ensure that these internal committees and were kind enough to employees leave the agency or transfer; controls are implemented consistently invite me to testify about our work. establishing an approving official other across the federal bureaucracy. That is Government travel cards, on the than the purchase card holder so em- why I am reintroducing the Govern- other hand, are not paid directly with ployees cannot approve their own pur- ment Credit Card Abuse Prevention taxpayers’ money like purchase cards chases; reconciling purchase card Act, along with Senators LIEBERMAN, and centrally billed accounts, but they charges on the bill with receipts and COLLINS, and COLEMAN. I should also are only supposed to be used to pay for supporting documentation; submitting mention that Representative JOE WIL- legitimate expense while on official disputed purchase card charges to the SON will be reintroducing companion government travel. Failure by employ- bank according to the proper proce- legislation in the House of Representa- ees to repay these cards results in the dure; making purchase card payments tives and I appreciate his help and as- loss of millions of dollars in rebates to promptly to avoid interest penalties; sistance as we’ve worked together on the Federal Government. Also, when retaining records of purchase card this legislation. credit card companies are forced to transactions in accordance with stand- Based primarily on the recommenda- charge off bad debt, they raise interest ard government record keeping polices; tions of the GAO in numerous reports, rates and fees on everyone else. Never- utilizing mandatory split disburse- as well the work of agency inspectors theless, government travel cards with ments when reimbursing employees for general and my own oversight work, high credit limits have been handed travel card purchases to ensure that my bill seeks to curtail waste, fraud, out like candy at a parade to individ- travel card bills get paid; comparing and abuse of government purchase uals with abysmal credit ratings who items submitted on travel vouchers

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.036 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2799 with items already paid for with cen- dollars for training at golf and tennis responsibility for overseeing the use of pur- trally billed accounts to avoid reim- resorts. Clearly the abuse of govern- chase cards issued by an executive agency. bursing employees for items already ment credit cards remains a problem (10) The executive agency has specific poli- paid for by the agency; and submitting and Congress needs to act. My bill will cies regarding the number of purchase cards establish the discipline needed in gov- issued by various organizations and cat- refund requests for unused airline tick- egories of organizations, the credit limits au- ets so the taxpayers don’t pay for tick- ernment agencies to keep those credit thorized for various categories of card- ets that were not used. cards in the wallet unless needed. I am holders, and categories of employees eligible My bill would also provide that each particularly glad to be joined in intro- to be issued purchase cards, and that those agency Inspector General periodically ducing this bill by Chairman policies are designed to minimize the finan- conduct risk assessments of agency LIEBERMAN and Ranking Member COL- cial risk to the Federal Government of the purchase card and travel card programs LINS as well as Senator COLEMAN. Their issuance of the purchase cards and to ensure and perform periodic audits to identify leadership on this issue will continue the integrity of purchase cardholders. potentially fraudulent, improper, and to be invaluable. I urge the rest of my (11) The executive agency utilizes tech- nologies to prevent or identify fraudulent abusive use of cards. We have had great colleagues to join us in this effort and put a stop to the bureaucratic shopping purchases, including controlling merchant success working with Inspectors Gen- codes and utilizing statistical machine eral using techniques like data mining spree. learning and pattern recognition tech- to reveal instances of improper use of I ask unanimous consent that the nologies that review the risk of every trans- government charge cards. Having this text of the bill be printed in the action. information on an ongoing basis will RECORD. (12) The executive agency invalidates the help maintain and strengthen a rig- There being no objection, the text of purchase card of each employee who— orous system of internal controls to the bill was ordered to be printed in (A) ceases to be employed by the agency prevent future instances of waste, the RECORD, as follows: immediately upon termination of the em- S. 789 ployment of the employee; or fraud, and abuse with government (B) transfers to another unit of the agency charge cards. Be it enacted by the Senate and House of Rep- resentatives of the United States of America in immediately upon the transfer of the em- In addition, my bill requires pen- ployee. alties so that employees who abuse Congress assembled, SECTION 1. SHORT TITLE. (13) The executive agency takes steps to re- government charge cards will not get This Act may be cited as the ‘‘Government cover the cost of any improper or fraudulent away scot free. In fact, in cases of seri- Credit Card Abuse Prevention Act of 2007’’. purchase made by an employee, including, as necessary, through salary offsets. ous misuse or fraud, the bill provides SEC. 2. MANAGEMENT OF PURCHASE CARDS. that employees must be dismissed and (a) REQUIRED SAFEGUARDS AND INTERNAL (b) MANAGEMENT OF PURCHASE CARDS.—The suspected cases of fraud will also be re- CONTROLS.—The head of each executive agen- head of each executive agency shall prescribe ferred to the appropriate U.S. Attorney cy that issues and uses purchase cards and regulations implementing the safeguards and internal controls in subsection (a). The regu- for prosecution under federal anti- convenience checks shall establish and main- tain safeguards and internal controls to en- lations shall be consistent with regulations fraud laws. It is essential that we send sure the following: that apply Governmentwide regarding the a clear message that misuse and fraud- (1) There is a record in each executive use of purchase cards by Government per- ulent use of government credit cards agency of each holder of a purchase card sonnel for official purposes. will not be tolerated. The lack of con- issued by the agency for official use, anno- (c) PENALTIES FOR VIOLATIONS.—The regu- sistency in the past in applying punish- tated with the limitations on single trans- lations prescribed under subsection (b) shall ments to those caught abusing govern- action and total credit amounts that are ap- provide for appropriate adverse personnel ac- ment charge cards has sent the wrong plicable to the use of each such card by that tions or other punishment to be imposed in cases in which employees of an executive message and led to an environment purchase cardholder. (2) Each purchase card holder is assigned agency violate such regulations or are neg- where misuse of government charge an approving official other than the card ligent or engage in misuse, abuse, or fraud cards is more likely. My bill will holder with the authority to approve or dis- with respect to a purchase card, including change that. approve expenditures. imposition of the following penalties: The American people expect us to be (3) The holder of a purchase card and each (1) In the case of an employee who is sus- good stewards of their money and their official with authority to authorize expendi- pected by the executive agency to have en- cynicism about government only builds tures charged to the purchase card are re- gaged in fraud, referral of the case to the when they read about bureaucrats say- sponsible for— United States Attorney with jurisdiction ing, ‘‘Just put it on plastic’’ willy nilly (A) reconciling the charges appearing on over the matter. (2) In the case of an employee who is found with their hard earned dollars. Unfor- each statement of account for that purchase card with receipts and other supporting doc- guilty of fraud or found by the executive tunately, such incidents persist. In the umentation; and agency to have egregiously abused a pur- wake of Hurricane Katrina, Congress (B) forwarding such reconciliation to the chase card, dismissal of the employee. hastily passed a supplemental spending designated official who certifies the bill for (d) RISK ASSESSMENTS AND AUDITS.—The bill containing an ill-advised provision payment in a timely manner. Inspector General of each executive agency to dramatically raise the micro-pur- (4) Any disputed purchase card charge, and shall— chase threshold for purchase cards. I any discrepancy between a receipt and other (1) periodically conduct risk assessments worked with Senators COLLINS and supporting documentation and the purchase of the agency purchase card program and as- card statement of account, is resolved in the sociated internal controls and analyze iden- LIEBERMAN, the leaders of the Home- manner prescribed in the applicable Govern- tified weaknesses and the frequency of im- land Security and Governmental Af- mentwide purchase card contract entered proper activity in order to develop a plan for fairs Committee, to reverse what into by the Administrator of General Serv- using such risk assessments to determine the amounted to an invitation to misuse ices. scope, frequency, and number of periodic au- government purchase cards. Then, be- (5) Payments on purchase card accounts dits of purchase cardholders; cause of our concerns and the concerns are made promptly within prescribed dead- (2) perform periodic audits of purchase of other members of Congress about lines to avoid interest penalties. cardholders designed to identify— the potential for fraud and abuse of (6) Rebates and refunds based on prompt (A) potentially fraudulent, improper, and purchase cards in the response to the payment on purchase card accounts are mon- abusive uses of purchase cards; itored for accuracy and properly recorded as (B) any patterns of improper cardholder hurricanes in the Gulf Coast region, a receipt to the agency that pays the month- transactions, such as purchases of prohibited the GAO conducted an investigation of ly bill. items; and purchase cards at the Department of (7) Records of each purchase card trans- (C) categories of purchases that should be Homeland Security. Just last Sep- action (including records on associated con- made by means other than purchase cards in tember, the GAO issued its report find- tracts, reports, accounts, and invoices) are order to better aggregate purchases and ob- ing instances of abusive or question- retained in accordance with standard Gov- tain lower prices; able government charge card trans- ernment policies on the disposition of (3) report to the head of the executive actions, including the purchase of a records. agency concerned on the results of such au- (8) Periodic reviews are performed to deter- dits; and beer brewing kit, a 63-inch plasma tele- mine whether each purchase cardholder has (4) report to the Director of the Office of vision with a price tag of $8,000 that a need for the purchase card. Management and Budget and the Comp- was found unused in its original box 6 (9) Appropriate training is provided to each troller General on the implementation of months later, and tens of thousands of purchase cardholder and each official with recommendations made to the head of the

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.037 SWEST PsN: S07MRPT1 S2800 CONGRESSIONAL RECORD — SENATE March 7, 2007 executive agency to address findings during ‘‘(F) The head of each executive agency ne- ‘‘(B) The term ‘travel charge card’ means audits of purchase cardholders. gotiates with the holder of the applicable the Federal contractor-issued travel charge (e) DEFINITION OF EXECUTIVE AGENCY.—In travel card contract, or a third party pro- card that is individually billed to each card- this section, the term ‘‘executive agency’’ vider of credit evaluations if such provider holder.’’. has the meaning given such term in section offers more favorable terms, to evaluate the SEC. 4. MANAGEMENT OF CENTRALLY BILLED 4(1) of the Office of Federal Procurement creditworthiness of an individual before ACCOUNTS. Policy Act (41 U.S.C. 403(1)). issuing the individual a travel charge card, The head of an executive agency that has (f) RELATIONSHIP TO DEPARTMENT OF DE- and that no individual be issued a travel employees who use a centrally billed account FENSE PURCHASE CARD REGULATIONS.— charge card if the individual is found not shall establish and maintain safeguards and (1) IN GENERAL.—Except as provided by the creditworthy as a result of the evaluation internal controls to ensure the following: amendments made by paragraph (2), the re- (except that this paragraph shall not pre- (1) Items submitted on an employee’s trav- quirements under this section shall not clude issuance of a restricted use travel el voucher are compared with items paid for apply to the Department of Defense. charge card when the individual lacks a cred- using a centrally billed account to ensure (2) EXCEPTION.—Section 2784(b) of title 10, it history or the issuance of a pre-paid card that an employee is not reimbursed for an United States Code, is amended— when the individual has a credit score below item already paid for through a centrally (A) in paragraph (8), by striking ‘‘periodic the minimum credit score established by the billed account. audits’’ and all that follows through the pe- agency). Each executive agency shall estab- (2) The executive agency submits requests riod at the end and inserting ‘‘risk assess- lish a minimum credit score for determining for refunds for unauthorized purchases to the ments of the agency purchase card program the creditworthiness of an individual based holder of the applicable contract for a cen- and associated internal controls and analyze on rigorous statistical analysis of the popu- trally billed account. identified weaknesses and the frequency of lation of cardholders and historical behav- (3) The executive agency submits requests improper activity in order to develop a plan iors. Notwithstanding any other provision of for refunds for fully or partially unused tick- for using such risk assessments to determine law, such evaluation shall include an assess- ets to the holder of the applicable contract the scope, frequency, and number of periodic ment of an individual’s consumer report for a centrally billed account. from a consumer reporting agency as those audits of purchase cardholders.’’; and SEC. 5. REGULATIONS. terms are defined in section 603 of the Fair (B) by adding at the end the following new (a) IN GENERAL.—Not later than 180 days Credit Reporting Act. The obtaining of a paragraphs: after the date of the enactment of this Act— consumer report under this subsection is ‘‘(11) That the Department of Defense uti- (1) the head of each executive agency shall deemed to be a circumstance or purpose au- lizes technologies to prevent or identify promulgate regulations to implement the re- thorized or listed under section 604 of the fraudulent purchases, including controlling quirements of sections 2 and 4; and Fair Credit Reporting Act. merchant codes and utilizing statistical ma- (2) the Administrator of General Services ‘‘(G) Each executive agency utilizes tech- chine learning and pattern recognition shall promulgate regulations required pursu- nologies to prevent or identify fraudulent ognition technologies that review the risk of ant to the amendments made by section 3. purchases, including controlling merchant every transaction. (b) BEST PRACTICES.—Regulations promul- codes and utilizing statistical machine ‘‘(12) That the Secretary of Defense— gated under this section shall reflect best learning and pattern recognition tech- ‘‘(A) invalidates the purchase card of each practices for conducting purchase card and nologies that review the risk of every trans- employee who ceases to be employed by the travel card programs. action. Department of Defense immediately upon ‘‘(H) Each executive agency ensures that termination of the employment of the em- the travel charge card of each employee who By Mr. LEVIN (for himself, Mr. ployee; and ceases to be employed by the agency is in- VOINOVICH, Ms. STABENOW, Mr. ‘‘(B) invalidates the purchase card of each validated immediately upon termination of SCHUMER, Mr. COLEMAN, Mrs. employee who transfers to another agency or the employment of the employee. CLINTON, and Mr. OBAMA): subunit within the Department of Defense ‘‘(I) Each executive agency utilizes manda- S. 791. A bill to establish a collabo- immediately upon such transfer.’’. tory split disbursements for travel card pur- rative program to protect the Great SEC. 3. MANAGEMENT OF TRAVEL CARDS. chases. Lakes, and for other purposes; to the Section 2 of the Travel and Transportation ‘‘(2) REGULATIONS.—The Administrator of Committee on Environment and Public Reform Act of 1998 (Public Law 105–264; 5 General Services shall prescribe regulations U.S.C. 5701 note) is amended by adding at the governing the implementation of the safe- Works. end the following new subsection: guards and internal controls in paragraph (1) Mr. LEVIN. Mr. President, I am ‘‘(h) MANAGEMENT OF TRAVEL CHARGE by executive agencies. pleased to introduce the ‘‘Great Lakes CARDS.— ‘‘(3) PENALTIES FOR VIOLATIONS.—The regu- Collaboration Implementation Act’’ ‘‘(1) REQUIRED SAFEGUARDS AND INTERNAL lations prescribed under paragraph (2) shall with Senator GEORGE VOINOVICH and CONTROLS.—The head of each executive agen- provide for appropriate adverse personnel ac- our co-sponsors. I also want to thank cy that has employees that use travel charge tions or other punishment to be imposed in Representatives VERN EHLERS and cards shall establish and maintain safe- cases in which employees of an executive guards and internal controls over travel agency violate such regulations or are neg- RAHM EMANUEL for introducing similar charge cards to ensure the following: ligent or engage in misuse, abuse, or fraud Great Lakes restoration legislation in ‘‘(A) There is a record in each executive with respect to a travel charge card, includ- the House today. agency of each holder of a travel charge card ing removal in appropriate cases. The Great Lakes are vital not only to issued by the agency for official use, anno- ‘‘(4) ASSESSMENTS.—The Inspector General Michigan, but to the Nation. Roughly tated with the limitations on amounts that of each executive agency shall— one-tenth of the U.S. population lives are applicable to the use of each such card by ‘‘(A) periodically conduct risk assessments in the Great Lakes basin and depends that travel charge cardholder. of the agency travel card program and asso- daily on the lakes. The Great Lakes ‘‘(B) Rebates and refunds based on prompt ciated internal controls and analyze identi- payment on travel charge card accounts are fied weaknesses and the frequency of im- provide drinking water to 40 million properly recorded as a receipt of the agency proper activity in order to develop a plan for people. They provide the largest rec- that employs the cardholder. using such risk assessments to determine the reational resource for their 8 neigh- ‘‘(C) Periodic reviews are performed to de- scope, frequency, and number of periodic au- boring States. They form the largest termine whether each travel charge card- dits of purchase cardholders; body of freshwater in the world, con- holder has a need for the travel charge card. ‘‘(B) perform periodic audits of travel card- taining roughly 18 percent of the ‘‘(D) Appropriate training is provided to holders designed to identify potentially world’s total; only the polar ice caps each travel charge cardholder and each offi- fraudulent, improper, and abusive uses of contain more freshwater. They are cial with responsibility for overseeing the travel cards; use of travel charge cards issued by an exec- ‘‘(C) report to the head of the executive critical for our economy by helping utive agency. agency concerned on the results of such au- move natural resources to the factory ‘‘(E) Each executive agency has specific dits; and and to move products to market. policies regarding the number of travel ‘‘(D) report to the Director of the Office of While the environmental protections charge cards issued by various organizations Management and Budget and the Comp- that were put in place in the early and categories of organizations, the credit troller General on the implementation of 1970s have helped the Great Lakes limits authorized for various categories of recommendations made to the head of the make strides toward recovery, a 2003 cardholders, and categories of employees eli- executive agency to address findings during GAO report made clear that there is gible to be issued travel charge cards, and audits of travel cardholders. much work still to do. That report that those policies are designed to minimize ‘‘(5) DEFINITIONS.—In this subsection: the financial risk to the Federal Government ‘‘(A) The term ‘executive agency’ means an stated: ‘‘Despite early success in im- of the issuance of the travel charge cards and agency as that term is defined in section 5701 proving conditions in the Great Lakes to ensure the integrity of travel charge card- of title 5, United States Code, except that it Basin, significant environmental chal- holders. is in the executive branch. lenges remain, including increased

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.056 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2801 threats from invasive species and The Great Lakes are a unique Amer- points out that TBI is an everyday cleanup of areas contaminated with ican treasure. We must recognize that threat to our servicemen and service- toxic substances that pose human we are only their temporary stewards. women—68 percent of war veterans are health threats.’’ More recently, many If Congress does not act to keep pace returning home with sustained brain scientists reported that the Great with the needs of the lakes, and the injuries. According to the Defense and Lakes are exhibiting signs of stress due tens of millions of Americans depend- Veterans Brain Injury Center, which to a combination of sources, including ent upon them and affected by their serves active duty military, their de- toxic contaminants, invasive species, condition, the current problems will pendents and veterans with TBI, trau- nutrient loading, shoreline and upland continue to build, and we may start to matic brain injury is one of the leading land use changes, and hydrologic modi- undo some of the good work that has causes of death and disability on to- fications. A 2005 report from a group of already been done. We must be good day’s battlefield. While not specifically Great Lakes scientific experts states stewards by ensuring that the Federal addressed by this bill, the Federal TBI that ‘‘historical sources of stress have government meets its ongoing obliga- program helps to provide resources combined with new ones to reach a tip- tion to protect and restore the Great that supplement the networks which ping point, the point at which eco- Lakes. This legislation will help us serve our returning soldiers. system-level changes occur rapidly and meet that great responsibility to fu- The distress of TBI is not limited to unexpectedly, confounding the tradi- ture generations. diagnosis. A survivor of a severe brain tional relationships between sources of injury typically faces 5 to 10 years of stress and the expected ecosystem re- By Mr. HATCH (for himself and intensive services and estimated life- sponse.’’ Mr. KENNEDY): time costs can exceed $4 million. Di- The zebra mussel, an aquatic S. 793. A bill to provide for the expan- rect medical costs and indirect costs invasive species, caused $3 billion in sion and improvement of traumatic such as lost productivity of TBI totaled economic damage to the Great Lakes brain injury programs; to the Com- an estimated $60 billion in the United from 1993 to 2003. In 2000, seven people mittee on Health, Education, Labor, States in 2000. died after pathogens entered the and Pensions. To recognize the large number of in- Walkerton, Ontario drinking water Mr. HATCH. Mr. President, I rise dividuals and families struggling to ac- supply from the lakes. In May of 2004, today to introduce legislation to reau- cess appropriate and community-based more than ten billion gallons of raw thorize the Traumatic Brain Injury services, Senator KENNEDY and I wrote sewage and storm water were dumped Act. It is my pleasure to be joined in the TBI Act of 1996, PL 104–166. into the Great Lakes. In that same this effort by the Chairman of the Sen- The TBI Act of 1996 launched an ef- year, over 1,850 beaches in the Great ate Health, Education, Labor and Pen- fort to conduct expanded studies and to Lakes were closed. Each summer, Lake sion Committee, Senator TED KEN- establish innovative programs for TBI. Erie develops a 6,300 square mile dead NEDY, with whom I worked on the It gave the Health Resources and Serv- zone. There is no appreciable natural original legislation over 10 years ago. ices Administration (HRSA) authority reproduction of lake trout in the lower Sustaining a traumatic brain in- to establish a grant program for States four lakes. More than half of the Great jury—or TBI—can be both catastrophic to assist it in addressing the needs of Lakes region’s original wetlands have and devastating. The financial and individuals with TBI and their fami- been lost, along with 60% of the for- emotional costs to the individual, fam- lies. It also delegated responsibilities ests. Wildlife habitat has been de- ily, and community are enormous. in the areas of research, prevention, stroyed, thus diminishing opportuni- Traumatic brain injuries contribute to and surveillance to the National Insti- ties necessary for fishing, hunting and a substantial number of deaths and tutes of Health (NIH) and the Centers other forms of outdoor recreation. cases of permanent disability annually. for Disease Control and Prevention The Great Lakes problems have been Individuals with TBI and their fami- (CDC), respectively. well-known for several years, and, in lies are often faced with challenges, Title XIII of the Children’s Health 2005, 1,500 people through the Great such as improper diagnosis, inability to Act of 2000, PL 106–310, reauthorized Lakes region worked together to com- access support or rehabilitation serv- the programs of the TBI Act of 1996. pile recommendations for restoring the ices, institutional segregation, unem- This reauthorization also added a pro- lakes. These recommendations were re- ployment, and being forced to navigate vision on protection and advocacy, leased in December 2005, and, today, I complicated and cumbersome service P&A, services for individuals with TBI am introducing this legislation to im- and support systems. and their families by authorizing plement many of those recommenda- Of the 1.4 million who sustain a TBI HRSA to make grants to State P&A tions. each year in the United States: 50,000 Systems. This bill would reduce the threat of die; 235,000 are hospitalized; and 1.1 The Traumatic Brain Injury Act is new invasive species by enacting com- million are treated and released from the only Federal legislation that spe- prehensive invasive species legislation an emergency department. Brain inju- cifically addresses issues faced by 5.3 and put ballast technology on board ries are the most frequent reasons for million American children and adults ships; it specifically targets Asian carp visits to physicians and emergency who live with a long-term disability as by authorizing the improvement, oper- rooms. a result of traumatic brain injury. Re- ation and maintenance of the dispersal These statistics are more revealing authorization of the Traumatic Brain barrier. The bill would improve fish when one considers that every 16 sec- Injury Act will provide for the continu- and wildlife habitat by providing addi- onds someone in the U.S. sustains a ation of research, not only for the tional resources to States and cities for head injury; and every 12 minutes, one treatment of TBI, but also for preven- water infrastructure. It would provide of these people will die and another tion and awareness programs which additional funding for contaminated will become permanently disabled. Of will help decrease the occurrence of sediment cleanup and would give the those who survive, each year, an esti- traumatic brain injury and improve EPA additional tools under the Great mated 80,000 to 90,000 people experience the long-term outcome. Lakes Legacy Act to move projects the onset of long-term disability asso- This legislation authorizes the along faster. The bill would create a ciated with a TBI. An additional 2,000 Health Resources and Services Admin- new grant program to phase out mer- will exist in a persistent vegetative istration, HRSA, to make grants for cury in products and to identify emerg- state. projects of national significance that ing contaminants. The bill would au- Even more startling is the fact that improve individual and family access thorize the restoration and remedi- brain injury kills more Americans to service systems; assist States in de- ation of our waterfronts. It would au- under the age of 34 than all other veloping service capacity; improve thorize additional research through ex- causes combined and has claimed more monitoring and evaluation of rehabili- isting Federal programs as well as our lives since the turn of the century than tation services and supports; and ad- non-federal research institutions. And all United States wars combined. dress emerging needs of servicemen it would authorize coordination of Fed- Recent publicity about brain injuries and women, veterans, and individuals eral programs. Americans have sustained in Iraq and families who have experienced

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.054 SWEST PsN: S07MRPT1 S2802 CONGRESSIONAL RECORD — SENATE March 7, 2007 brain injury through service delivery Reauthorization of the Traumatic ease Control and Prevention with respect to demonstration projects. Brain Injury Act will further provide paragraph (1) and the Director of the Na- This bill also authorizes HRSA to in- mechanisms for the research, preven- tional Institutes of Health with respect to clude the American Indian Consortium tion, and treatment of TBI and the im- paragraphs (2) and (3), shall conduct a study as an eligible recipient of competitive provement of the quality of life for with respect to traumatic brain injury for grants awarded to States, Territories, those Americans and their families the purpose of carrying out the following: and the District of Columbia to develop who may sustain such a devastating ‘‘(1) In collaboration with appropriate comprehensive system of services and disability. I ask my colleagues’ support State and local health-related agencies— supports nationwide. ‘‘(A) determining the incidence of trau- in promptly reauthorizing the Trau- matic brain injury and prevalence of trau- Furthermore, this bill instructs matic Brain Injury Act. HRSA and the Administration on De- matic brain injury related disability and the I ask unanimous consent that the clinical aspects of the disability in all age velopmental Disabilities to coordinate text of the bill be printed in the data collection regarding protection groups and racial and ethnic minority groups RECORD. in the general population of the United and advocacy services. There being no objection, the text of Also funded by the TBI program, the States, including institutional settings, such the bill was ordered to be printed in as nursing homes, correctional facilities, CDC supports multiple projects and the RECORD, as follows: psychiatric hospitals, child care facilities, programs, including those that mon- S. 793 and residential institutes for people with de- itor TBI, link people with TBI to infor- velopmental disabilities; and mation about services, and prevent Be it enacted by the Senate and House of Rep- resentatives of the United States of America in ‘‘(B) reporting national trends in trau- TBI-related disabilities. These projects Congress assembled, matic brain injury. comprise initiatives such as generating SECTION 1. SHORT TITLE. ‘‘(2) Identifying common therapeutic inter- national estimates for TBI deaths, hos- This Act may be cited as the ‘‘Reauthor- ventions which are used for the rehabilita- pitalizations, and emergency depart- ization of the Traumatic Brain Injury Act’’. tion of individuals with such injuries, and, ment visits; planning the future of TBI SEC. 2. CONFORMING AMENDMENTS RELATING subject to the availability of information, registries and data systems; and edu- TO RESTRUCTURING. including an analysis of— cating health care professionals about Part J of title III of the Public Health ‘‘(A) the effectiveness of each such inter- TBI. In addition, the CDC funds TBI re- Service Act (42 U.S.C. 280b et seq.) is amend- vention in improving the functioning, in- cluding return to work or school and com- search in various academic institutions ed— (1) by redesignating the section 393B (42 munity participation, of individuals with to investigate TBI in children and ado- U.S.C. 280b–1c) relating to the use of allot- brain injuries; lescents. ments for rape prevention education, as sec- ‘‘(B) the comparative effectiveness of This year, Congress has an oppor- tion 393A and moving such section so that it interventions employed in the course of re- tunity to strengthen the TBI Act by follows section 393; habilitation of individuals with brain inju- authorizing the Centers for Disease (2) by redesignating existing section 393A ries to achieve the same or similar clinical Control and Prevention, CDC, to deter- (42 U.S.C. 280b–1b) relating to prevention of outcome; and mine the incidence and prevalence of traumatic brain injury, as section 393B; and ‘‘(C) the adequacy of existing measures of traumatic brain injury in the general (3) by redesignating the section 393B (42 outcomes and knowledge of factors influ- population of the United States, in- U.S.C. 280b–1d) relating to traumatic brain encing differential outcomes. cluding all age groups and persons in injury registries, as section 393C. ‘‘(3) Identifying interventions and thera- pies that can prevent or remediate the devel- institutional settings such as nursing SEC. 3. TRAUMATIC BRAIN INJURY PROGRAMS OF THE CENTERS FOR DISEASE CON- opment of secondary neurologic conditions homes, correctional facilities, psy- TROL AND PREVENTION. related to traumatic brain injury. chiatric hospitals, child care facilities, (a) PREVENTION OF TRAUMATIC BRAIN IN- ‘‘(4) Developing practice guidelines for the and residential institutes for people JURY.—Clause (ii) of section 393B(b)(3)(A) of rehabilitation of traumatic brain injury at with developmental disabilities. the Public Health Service Act, as so redesig- such time as appropriate scientific research Brain injury is a complex issue and nated, (42 U.S.C. 280b–1b) is amended by becomes available. striking ‘‘from hospitals and trauma cen- there is still much unknown. With Fed- ‘‘(b) DATES CERTAIN FOR REPORTS.—Not ters’’ and inserting ‘‘from hospitals and eral funds provided within the TBI pro- later than 3 years after the date of the enact- gram, researchers at the NIH are emergency departments’’. (b) NATIONAL PROGRAM FOR TRAUMATIC ment of the Reauthorization of the Trau- studying many issues related to the BRAIN INJURY SURVEILLANCE AND REG- matic Brain Injury Act, the Secretary shall special cognitive and communication ISTRIES.—Section 393C of the Public Health submit to the Congress a report describing problems experienced by individuals Service Act, as so redesignated, (42 U.S.C. findings made as a result of carrying out who have traumatic brain injuries. Sci- 280b et seq.) is amended— subsection (a). entists are designing new evaluation (1) in the section heading, by inserting ‘‘(c) DEFINITION.—For purposes of this sec- ‘‘SURVEILLANCE AND’’ after ‘‘NATIONAL tools to assess the special problems tion, the term ‘traumatic brain injury’ that children who have suffered trau- PROGRAM FOR TRAUMATIC BRAIN IN- JURY’’; means an acquired injury to the brain. Such matic brain injuries encounter. Be- term does not include brain dysfunction cause the brain of a child is vastly dif- (2) by striking ‘‘(a) IN GENERAL.—’’; and (3) in the matter preceding paragraph (1), caused by congenital or degenerative dis- ferent from the brain of an adult, sci- by striking ‘‘may make grants’’ and all that orders, nor birth trauma, but may include entists are also examining the effects follows through ‘‘to collect data con- brain injuries caused by anoxia due to trau- of various treatment methods that cerning—’’ and inserting ‘‘may make grants ma. The Secretary may revise the definition have been developed specifically for to States or their designees to develop or op- of such term as the Secretary determines children. In addition, research is exam- erate the State’s traumatic brain injury sur- necessary.’’. ining the effects of some medications veillance system or registry to determine on the recovery of speech, language, the incidence and prevalence of traumatic SEC. 5. TRAUMATIC BRAIN INJURY PROGRAMS brain injury and related disability, to ensure OF THE NATIONAL INSTITUTES OF and cognitive abilities following trau- HEALTH. matic brain injury. Reauthorization of the uniformity of reporting under such sys- the TBI program will enable this im- tem or registry, to link individuals with Section 1261 of the Public Health Service traumatic brain injury to services and sup- Act (42 U.S.C. 300d–61) is amended— portant research to continue and ex- ports, and to link such individuals with aca- (1) in subparagraph (D) of subsection (d)(4), pand. demic institutions to conduct applied re- by striking ‘‘head brain injury’’ and insert- As I have mentioned, there is still a search that will support the development of ing ‘‘brain injury’’; and lot of unknown surrounding the issue such surveillance systems and registries as (2) in subsection (i), by inserting ‘‘, and of TBI; however, one aspect is definite, may be necessary. A surveillance system or such sums as may be necessary for each of and that is that people are never the registry under this section shall provide for fiscal years 2008 through 2011’’ before the pe- same after TBI. Not only are their lives the collection of data concerning—’’. riod at the end. SEC. 4. STUDY ON TRAUMATIC BRAIN INJURY. forever changed, but they must face SEC. 6. TRAUMATIC BRAIN INJURY PROGRAMS these changes in a compromised state. Part J of title III of the Public Health OF THE HEALTH RESOURCES AND The TBI program offers balanced and Service Act (42 U.S.C. 280b et seq.) is amend- SERVICES ADMINISTRATION. coordinated public policy in brain in- ed by inserting after section 393C the fol- lowing: (a) STATE GRANTS FOR DEMONSTRATION jury prevention, research, education, ‘‘SEC. 393C–1. STUDY ON TRAUMATIC BRAIN IN- PROJECTS REGARDING TRAUMATIC BRAIN IN- and community-based services and sup- JURY. JURY.—Section 1252 of the Public Health ports for individuals living with trau- ‘‘(a) STUDY.—The Secretary, acting Service Act (42 U.S.C. 300d–52) is amended— matic brain injury and their families. through the Director of the Centers for Dis- (1) in subsection (a)—

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.035 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2803 (A) by striking ‘‘may make grants to ‘‘(i) DATA COLLECTION.—The Administrator have an array of needs, including as- States’’ and inserting ‘‘may make grants to of the Health Resources and Services Admin- sistance in returning to work, finding a States and American Indian consortia’’; and istration and the Commissioner of the Ad- place to live, obtaining supports and (B) by striking ‘‘health and other services’’ ministration on Developmental Disabilities and inserting ‘‘rehabilitation and other serv- shall enter into an agreement to coordinate services such as attendant care and as- ices’’; the collection of data by the Administrator sistive technology, and obtaining ap- (2) in subsection (b)— and the Commissioner regarding protection propriate mental health, substance (A) in paragraphs (1), (3)(A)(i), (3)(A)(iii), and advocacy services. abuse, and rehabilitation services. and (3)(A)(iv), by striking the term ‘‘State’’ ‘‘(j) TRAINING AND TECHNICAL ASSISTANCE.— Often these individuals—especially each place such term appears and inserting ‘‘(1) GRANTS.—For any fiscal year for which our returning veterans—must remain the term ‘‘State or American Indian consor- the amount appropriated to carry out this in extremely expensive institutions far tium’’; and section is $6,000,000 or greater, the Adminis- longer than necessary, because the (B) in paragraph (2), by striking ‘‘rec- trator shall use 2 percent of such amount to ommendations to the State’’ and inserting make a grant to an eligible national associa- community-based supports and services ‘‘recommendations to the State or American tion for providing for training and technical they need are not available. Such serv- Indian consortium’’; assistance to protection and advocacy sys- ices can lead both to reduced govern- (3) in subsection (c), by striking the term tems. ment expenditures and to increased ‘‘State’’ each place such term appears and ‘‘(2) DEFINITION.—In this subsection, the productivity, independence and com- inserting ‘‘State or American Indian consor- term ‘eligible national association’ means a munity integration, but the advocates tium’’; national association with demonstrated ex- must possess special skills, and their (4) in subsection (e), by striking ‘‘A State perience in providing training and technical work is often time-intensive. that received’’ and all that follows through assistance to protection and advocacy sys- the period and inserting ‘‘A State or Amer- tems. In addition, our legislation provides ican Indian consortium that received a grant ‘‘(k) SYSTEM AUTHORITY.—In providing funds for CDC programs that provide under this section prior to the date of the en- services under this section, a protection and extremely important data gathering actment of the Reauthorization of the Trau- advocacy system shall have the same au- and information on injury prevention. matic Brain Injury Act may complete the ac- thorities, including access to records, as In a time when both the Administra- tivities funded by the grant.’’; such system would have for purposes of pro- tion and Congress are searching for (5) in subsection (f)— viding services under subtitle C of the Devel- programs that provide the right kind of (A) in the subsection heading, by inserting opmental Disabilities Assistance and Bill of ‘‘AND AMERICAN INDIAN CONSORTIUM’’ after Rights Act of 2000.’’; and ‘‘bang for the federal buck,’’ an Insti- ‘‘STATE’’; (5) in subsection (l) (as redesignated by this tute of Medicine report last March (B) in paragraph (1) in the matter pre- subsection) by striking ‘‘2005’’ and inserting showed that the TBI programs work. ceding subparagraph (A), paragraph (1)(E), ‘‘2011’’. The programs in the Act were funded paragraph (2)(A), paragraph (2)(B), paragraph Mr. KENNEDY. Mr. President, it’s a for a total of only $12 million dollars (3) in the matter preceding subparagraph (A), privilege to join with Senator HATCH in last year, and yet their benefit is obvi- paragraph (3)(E), and paragraph (3)(F), by ous. Clearly these programs should be striking the term ‘‘State’’ each place such introducing legislation to reauthorize term appears and inserting ‘‘State or Amer- the Traumatic Brain Injury Act. The reauthorized and the funding should be ican Indian consortium’’; reauthorization will expand assistance increased. Although the reauthoriza- (C) in clause (ii) of paragraph (1)(A), by to the millions of adults and children tion is for ‘‘such sums as may be nec- striking ‘‘children and other individuals’’ in the nation who are facing serious essary,’’ we must do all we can to ex- and inserting ‘‘children, youth, and adults’’; problems because of brain injuries. Its pand the appropriations in the years and provisions also have a major role in ahead in order to meet the urgent need (D) in subsection (h)— meeting the critical needs facing many for this assistance. (i) by striking ‘‘Not later than 2 years after of our wounded soldiers returning The IOM report called the current the date of the enactment of this section, the Secretary’’ and inserting ‘‘Not less than bi- home from the wars in Iraq and Af- TBI programs an ‘‘overall success,’’ annually, the Secretary’’; and ghanistan. stating that ‘‘there is considerable (ii) by inserting ‘‘section 1253, and section The numbers tell the story. As of this value in providing . . . funding,’’ and 1254,’’ after ‘‘programs established under this month, almost 25,000 service members ‘‘it is worrisome that the modestly section,’’; have been wounded in Iraq, and ap- budgeted HRSA TBI Program con- (6) by amending subsection (i) to read as proximately two-thirds of the injuries tinues to be vulnerable to budget follows: include brain injuries. Here at home, cuts.’’ As the study suggests, this pro- ‘‘(i) DEFINITIONS.—For purposes of this sec- an extremely high number of children tion: gram must be continued and allowed to ‘‘(1) The terms ‘American Indian consor- from birth to age 14 experience trau- grow, so that each state has the re- tium’ and ‘State’ have the meanings given to matic brain injuries—approximately sources necessary to maintain vital those terms in section 1253. 475,000 a year—and some of the most services and advocacy for the esti- ‘‘(2) The term ‘traumatic brain injury’ frequent injuries are among children mated 5.3 million people currently liv- means an acquired injury to the brain. Such under the age of five. ing with disabilities resulting from term does not include brain dysfunction Soldiers and children—I cannot think brain injury. When our wounded sol- caused by congenital or degenerative dis- of two more deserving groups of people diers return to their communities, the orders, nor birth trauma, but may include in our nation. services and supports they need must brain injuries caused by anoxia due to near Reauthorization of the Act is essen- drowning. The Secretary may revise the defi- be available. nition of such term as the Secretary deter- tial to continue the availability of fed- The nation owes these deserving peo- mines necessary, after consultation with eral funds for traumatic brain injury ple—especially our service members States and other appropriate public or non- programs. The bill reauthorizes grants and our children—the services and ad- profit private entities.’’; and that assist States, Territories, and the vocacy available under these critical (7) in subsection (j), by inserting ‘‘, and District of Columbia in establishing programs. I urge my colleagues to act such sums as may be necessary for each of and expanding coordinated systems of quickly on this important reauthoriza- the fiscal years 2008 through 2011’’ before the community-based services and supports tion and enact this bipartisan bill as period. for children and adults with such inju- (b) STATE GRANTS FOR PROTECTION AND AD- soon as possible. VOCACY SERVICES.—Section 1253 of the Public ries. It also extends the ability to Health Service Act (42 U.S.C. 300d–53) is apply for these grants to American In- By Mr. OBAMA (for himself, Mr. amended— dian Consortia. MENENDEZ, Mr. SALAZAR, and (1) in subsections (d) and (e), by striking When Congress approved the Trau- Mr. BINGAMAN): the term ‘‘subsection (i)’’ each place such matic Brain Injury Act as part of the S. 795. A bill to assist aliens who term appears and inserting ‘‘subsection (l)’’; Children’s Health Act of 2000, we had have been lawfully admitted in becom- (2) in subsection (g), by inserting ‘‘each fis- the foresight to establish a specific ing citizens of the United States, and cal year not later than October 1,’’ before provision called the Protection and Ad- for other purposes; to the Committee ‘‘the Administrator shall pay’’; (3) by redesignating subsections (i) and (j) vocacy for Individuals with Traumatic on the Judiciary. as subsections (l) and (m), respectively; Brain Injury Program. This program Mr. OBAMA. Mr. President, I am (4) by inserting after subsection (h) the fol- has proved to be essential because indi- proud to introduce the Citizenship Pro- lowing: viduals with traumatic brain injuries motion Act (CPA) of 2007 with my good

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.053 SWEST PsN: S07MRPT1 S2804 CONGRESSIONAL RECORD — SENATE March 7, 2007 friend Congressman LUIS GUTIERREZ. In checks that take years to complete tell WEBB, LEVIN, and CLINTON. I spoke dur- the Senate, we are joined by Senator us more about ourselves than they do ing the 109th Congress about the sig- SALAZAR, Senator MENENDEZ, and Sen- about those wishing to enter. nificance of the War of 1812, its impact ator BINGAMAN. The CPA will encour- We believe that there are ways to on our Nation’s history and culture and age the U.S. Citizenship and Immigra- help cushion the blow to immigrants the rationale for these two measures. I tion Services (USCIS) to charge fees from increased costs without hurting want to highlight some of those prin- for services to legal immigrants that the agency. The CPA would make it cipal points today. are fair and reasonable, and it would clear to the USCIS that application The United States declared war on remove other potential bureaucratic fees do not need to fund all direct and Britain in June 1812, after enduring barriers to the pursuit of citizenship. indirect costs. We would maintain fees years of naval blockades, trade restric- Immigration policy remains one of at their current levels and require that tions with the European continent, and the most contentious and divisive before raising fees any further, the seizure of American ships and sailors in issues in our politics. And it is conten- agency report to Congress on its direct the ongoing war between Britain and tious and divisive because our policies and indirect costs and how much in ap- France. With only a small army and are full of mixed messages. We must propriations it would need to establish practically no navy, our young Nation state clearly what our immigration reasonable and fair fees. was ill-prepared to face Britain—then policy should achieve—a legal, orderly, In addition to ensuring that fees are the world’s preeminent naval power. and secure immigration system that fair, we want to make sure that other By the summer of 1814 defeat seemed values immigrants, recognizes our aspects of pursuing citizenship are fair certain, with the British combined land and sea invasion of the Chesapeake re- right to control who enters our coun- as well. Our bill requires that citizen- gion and the burning of the Capitol, try, and promotes the legal pursuit of ship tests be administered with consid- the White House and much of the fed- citizenship. eration for the applicant, that the eral city. But in their attack on Balti- Most recently, the unanimous dec- agency work with the FBI to move more, the British met stiff resistance. larations of our support for legal immi- background checks through the process grants has run head on into a USCIS American patriots successfully de- more quickly, and that any new appli- fended Fort McHenry and the British proposal to dramatically increase im- cation procedure make it possible for invasion was repelled. It was during migration application fees beyond the people without Internet access to con- this battle that Francis Scott Key wit- reach of many working class legal im- tinue submitting their applications on nessed our flag flying intact, despite migrants. For a family of four that is paper. The bill also creates a new grant the continuous bombardment, and working hard and legally pursuing the program to give community based or- wrote the words which were to become American dream, the new fees could ganizations the resources necessary to our National Anthem. Today, many put citizenship out of reach for many prepare and equip immigrants to be- historians see the War of 1812 as the de- immigrants. For a family of four, the come citizens. finitive end of the American Revolu- new fees would raise the cost of the ap- Let’s stop sending mixed messages. tion—a war which preserved and plication for citizenship by 80 percent Let’s work together and set immigra- strengthened our democracy, brought to more than $2,400 dollars. And the tion fees at a level that are fair and America to the international stage, fees for all other services will rise as consistent with our commitment to and helped forge our national identity well. being an open, democratic, and egali- through the symbols of the National The Administration argues that peo- tarian society. Anthem and the Star Spangled Banner. ple will pay any fee to become Ameri- To commemorate the historic events cans. For many people, that is true. By Mr. CARDIN (for himself, Ms. associated with the War of 1812, eight But for others, the new fee will send MIKULSKI, Mr. WARNER, and Mr. years ago I joined with my predecessor, the message that they need only apply WEBB): Senator Paul Sarbanes, in sponsoring if they can afford it. It sends the mes- S. 797. A bill to amend the National legislation directing the National Park sage that we measure character based Trails System Act to designate the Service to conduct a study of the feasi- on income. Star-Spangled Banner Trail in the bility and desirability of designating Our government has never provided States of Maryland and Virginia and the routes used by the British and services based on what people are will- the District of Columbia as a National Americans during the Chesapeake ing to pay. That is why we are intro- Historic Trail; to the Committee on Campaign of the War of 1812 as a Na- ducing the Citizenship Promotion Act Energy and Natural Resources. tional Historic Trail. That study was to ensure that immigration application completed in March 2004 and rec- fees are both reasonable and fair and By Mr. CARDIN (for himself, Ms. ommended that the proposed Star that the citizenship process itself re- MIKULSKI, Mr. WARNER, Mr. Spangled Banner National Historic spects the individuality of each appli- WEBB, Mr. LEVIN, and Mrs. Trail ‘‘. . . be established by the Con- cant. CLINTON): gress as a national historic trail with For immigrants who choose to come S. 798. A bill to establish the Star- commemorative recreation and driving to America and pursue citizenship, Spangled Banner and War of 1812 Bicen- routes and water trails.’’ The study there are numerous barriers. First, tennial Commission, and for other pur- found that the proposed series of land family, friends, and community are left poses; to the Committee on the Judici- and water trails fully meet the eligi- behind. The new communities they ary. bility criteria for designation as a Na- enter come with the challenge of a new Mr. CARDIN. Mr. President, in just tional Historic Trail—they retain his- language, different social norms, and five years, our Nation will observe the toric integrity, are nationally signifi- sometimes discrimination. And yet, bicentennial of a defining moment in cant, and have significant potential for every year, thousands of immigrants our Nation’s history—the war of 1812. public recreational use and historic in- fully embrace the values and ideals Sometimes referred to as America’s terpretation. The study recommended that make us all Americans and unite ‘‘Second War of Independence,’’ the that the trail be managed through a us in our common pursuit of a better, War of 1812 played a critical role in partnership between the National Park more democratic society. shaping our national heritage and iden- Service, a trail organization and state The dues we charge legal immigrants tity. To ensure that this anniversary and local authorities and concluded for joining the American family, from will be commemorated properly and in that the costs of implementing the pro- application fees to naturalization tests a timely manner, I am today re-intro- posed trail would be minimal. The to background checks are all nec- ducing legislation to establish the Star study also recommended that the Con- essary, but should not eliminate people Spangled Banner National Historic gress’’. . . establish a War of 1812 Bi- on the basis of income, age, or eth- Trail and the Star-Spangled Banner centennial Commission to coordinate nicity. Excessive fees, testing that asks and War of 1812 Bicentennial Commis- the 200th anniversary of the War of trivial questions or is administered sion. Joining me in co-sponsoring one 1812.’’ without consideration for the appli- or more of these measures are my col- The two pieces of legislation I am re- cant’s circumstances, and background leagues Senators MIKULSKI, WARNER, introducing today would implement

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.062 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2805 these two recommendations of the Na- Columbia and Virginia, and north to Balti- ing of the War of 1812 in the history of the tional Park Service. The first measure more, Maryland, commemorating the Chesa- United States. would authorize the establishment of peake Campaign of the War of 1812 (including (b) PURPOSES.—The purposes of this Act the Star Spangled Banner National the British invasion of Washington, District are to— of Columbia, and its associated feints and (1) establish the Star-Spangled Banner and Historic Trail, an approximately 290- the Battle of Baltimore in summer 1814), as War of 1812 Commemoration Commission; mile series of land and water trails generally depicted on the maps contained in (2) ensure a suitable national observance of tracing the story of the only combined the report entitled ‘Star-Spangled Banner the War of 1812 by complementing, cooper- naval and land attack on the United National Historic Trail Feasibility Study ating with, and providing assistance to the States and the events leading up to the and Environmental Impact Statement’, and programs and activities of the various States writing of the Star Spangled Banner. dated March 2004. involved in the commemoration; Sites along the National Historic Trail ‘‘(B) MAP.—A map generally depicting the (3) encourage War of 1812 observances that trail shall be maintained on file and avail- would mark some of the most impor- provide an excellent visitor experience and able for public inspection in the appropriate beneficial interaction between visitors and tant events of the War of 1812 including offices of the National Park Service. the natural and cultural resources of the battles between the British Navy and ‘‘(C) ADMINISTRATION.—Subject to subpara- various War of 1812 sites; the American Chesapeake Flotilla in graph (E)(ii), the trail shall be administered (4) facilitate international involvement in St. Leonard’s Creek in Calvert County; by the Secretary of the Interior. the War of 1812 observances; the British landing at Benedict; the ‘‘(D) LAND ACQUISITION.—No land or inter- (5) support and facilitate marketing efforts Battle of Bladensburg; the burning of est in land outside the exterior boundaries of for a commemorative coin, stamp, and re- the Nation’s Capitol, White House and any federally administered area may be ac- lated activities for the War of 1812 observ- quired by the United States for the trail ex- Washington Navy Yard; the British ances; and cept with the consent of the owner of the (6) promote the protection of War of 1812 naval feints up the Potomac River to land or interest in land. resources and assist in the appropriate devel- Alexandria and on the upper Chesa- ‘‘(E) PUBLIC PARTICIPATION.—The Secretary opment of heritage tourism and economic peake Bay; the Battle of North Point; of the Interior shall— benefits to the United States. and the successful American defense of ‘‘(i) encourage communities, owners of SEC. 3. DEFINITIONS. Fort McHenry on September 14, 1814, land along the trail, and volunteer trail In this Act: which inspired the poem that became groups to participate in the planning, devel- (1) COMMEMORATION.—The term ‘‘com- our National Anthem. The second opment, and maintenance of the trail; and memoration’’ means the commemoration of ‘‘(ii) consult with other affected land- measure would authorize the establish- the War of 1812. owners and Federal, State, and local agen- (2) COMMISSION.—The term ‘‘Commission’’ ment of a ‘‘Star Spangled Banner and cies in the administration of the trail. War of 1812 Bicentennial Commission’’ means the Star-Spangled Banner and War of ‘‘(F) INTERPRETATION AND ASSISTANCE.— 1812 Bicentennial Commission established in to plan, coordinate and facilitate pro- Subject to the availability of appropriations, section 4(a). grams and other efforts to commemo- the Secretary of the Interior may provide to (3) QUALIFIED CITIZEN.—The term ‘‘quali- rate the historic events associated with State and local governments and nonprofit fied citizen’’ means a citizen of the United the War of 1812. Made up, in part, by organizations interpretive programs and States with an interest in, support for, and citizens from the thirty states involved services and, through Fort McHenry Na- expertise appropriate to the commemora- tional Monument and Shrine, technical as- in the War, the Commission is tasked tion. sistance, for use in carrying out preservation (4) SECRETARY.—The term ‘‘Secretary’’ with planning, encouraging, devel- and development of, and education relating oping, executing and coordinating pro- means the Secretary of the Interior. to the War of 1812 along, the trail.’’. (5) STATES.—The term ‘‘States’’— grams to ensure a suitable national ob- S. 798 (A) means the States of Alabama, Ken- servance of the War of 1812. Both these Be it enacted by the Senate and House of Rep- tucky, Indiana, Louisiana, Maryland, Vir- measures were approved by the full resentatives of the United States of America in ginia, New York, Maine, Michigan, and Ohio; Senate during the 109th Congress, but Congress assembled, and unfortunately were not acted upon by SECTION 1. SHORT TITLE. (B) includes agencies and entities of each the House Committees of jurisdiction. This Act may be cited as the ‘‘Star-Span- State. With the bicentennial of the War of gled Banner and War of 1812 Bicentennial SEC. 4. STAR-SPANGLED BANNER AND WAR OF 1812 quickly approaching, it is vital Commission Act’’. 1812 COMMEMORATION COMMIS- SION. that the Congress move swiftly to ap- SEC. 2. FINDINGS AND PURPOSE. (a) FINDINGS.—Congress finds that— (a) IN GENERAL.—There is established a prove these measures and enable the (1) the War of 1812 served as a crucial test commission to be known as the ‘‘Star-Span- proper commemoration of this impor- for the United States Constitution and the gled Banner and War of 1812 Bicentennial tant period in our nation’s history. The newly established democratic Government; Commission’’. legislation will help provide Americans (2) vast regions of the new multi-party de- (b) MEMBERSHIP.— and visitors alike with a better under- mocracy, including the Chesapeake Bay, the (1) IN GENERAL.—The Commission shall be standing and appreciation of our herit- Gulf of Mexico and the Niagara Frontier, composed of 21 members, of whom— age. were affected by the War of 1812 including (A) 3 members shall be qualified citizens the States of Alabama, Connecticut, Dela- appointed by the Secretary after consider- I ask unanimous consent that the ware, Florida, Georgia, Iowa, Illinois, Indi- ation of nominations submitted by the Gov- text of the two measures I am intro- ana, Kentucky, Louisiana, Massachusetts, ernors of Maryland, Louisiana, and Virginia; ducing be printed in the RECORD. Maryland, Maine, Michigan, Missouri, Mis- (B) 7 members shall be qualified citizens There being no objection, the texts of sissippi, New Jersey, North Carolina, New appointed by the Secretary after consider- the bills were ordered to be printed in Hampshire, New York, Ohio, Oregon, Penn- ation of nominations submitted by the Gov- the RECORD, as follows: sylvania, Rhode Island, South Carolina, Ten- ernors of Alabama, Kentucky, Indiana, New S. 797 nessee, Virginia, Vermont, Wisconsin, West York, Maine, Michigan and Ohio; Virginia, and the District of Columbia; (C) 3 members shall be qualified citizens Be it enacted by the Senate and House of Rep- (3) the British occupation of American ter- appointed by the Secretary after consider- resentatives of the United States of America in ritory along the Great Lakes and in other re- ation of nominations submitted by the May- Congress assembled, gions, the burning of Washington, D.C., the ors of the District of Columbia, the City of SECTION 1. SHORT TITLE. American victories at Fort McHenry, New Baltimore, and the City of New Orleans; This Act may be cited as the ‘‘Star-Span- Orleans, and Plattsburgh, among other bat- (D) 2 members shall be employees of the gled Banner National Historic Trail Act’’. tles, had far reaching effects on American so- National Park Service, of whom— SEC. 2. AUTHORIZATION AND ADMINISTRATION ciety; (i) 1 shall be the Director of the National OF TRAIL. (4) at the Battle of Baltimore, Francis Park Service (or a designee); and Section 5(a) of the National Trails System Scott Key wrote the poem that celebrated (ii) 1 shall be an employee of the National Act (16 U.S.C. 1244(a)) is amended by adding the flag and later was titled ‘‘the Star-Span- Park Service having experience relevant to at the end the following: gled Banner’’; the commemoration; ‘‘(26) STAR-SPANGLED BANNER NATIONAL HIS- (5) the poem led to the establishment of (E) 4 members shall be qualified citizens TORIC TRAIL.— the flag as an American icon and became the appointed by the Secretary with consider- ‘‘(A) IN GENERAL.—The Star-Spangled Ban- words of the national anthem of the United ation of recommendations— ner National Historic Trail, a trail con- States in 1932; and (i) 1 of which are submitted by the major- sisting of water and overland routes totaling (6) it is in the national interest to provide ity leader of the Senate; approximately 290 miles extending from for appropriate commemorative activities to (ii) 1 of which are submitted by the minor- southern Maryland through the District of maximize public understanding of the mean- ity leader of the Senate;

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.065 SWEST PsN: S07MRPT1 S2806 CONGRESSIONAL RECORD — SENATE March 7, 2007 (iii) 1 of which are submitted by the major- the War of 1812 for the educational benefit of (2) shall apply to advisory committees es- ity leader of the House of Representatives; the citizens of the United States; tablished under subsection (a)(2). (iv) 1 of which are submitted by the minor- (8) ensure that War of 1812 commemora- (e) NO EFFECT ON AUTHORITY.—Nothing in ity leader of the House of Representatives; tions provide a lasting legacy and long-term this Act supersedes the authority of the and public benefit leading to protection of the States or the National Park Service con- (F) 2 members shall be appointed by the natural and cultural resources associated cerning the commemoration. Secretary from among individuals with ex- with the War of 1812; and SEC. 7. PERSONNEL MATTERS. pertise in the history of the War of 1812. (9) examine and review essential facilities (a) MEMBERS OF THE COMMISSION.— (2) DATE OF APPOINTMENTS.—The appoint- and infrastructure at War of 1812 sites and (1) IN GENERAL.—Except as provided in sub- ment of a member of the Commission shall identify possible improvements that could be section (c)(1)(A), a member of the Commis- be made not later than 120 days after the made to enhance and maximize visitor expe- sion shall serve without compensation. date of enactment of this Act. rience at the sites. (2) TRAVEL EXPENSES.—A member of the (c) TERM; VACANCIES.— (b) STRATEGIC PLAN; ANNUAL PERFORMANCE Commission shall be allowed travel expenses, (1) TERM.—A member shall be appointed PLANS.—The Commission shall prepare a including per diem in lieu of subsistence, at for the life of the Commission. strategic plan and annual performance plans rates authorized for an employee of an agen- (2) VACANCIES.—A vacancy on the Commis- for any activity carried out by the Commis- cy under subchapter I of chapter 57 of title 5, sion— sion under this Act. United States Code, while away from the (A) shall not affect the powers of the Com- (c) REPORTS.— home or regular place of business of the mission; and (1) ANNUAL REPORT.—The Commission shall member in the performance of the duties of (B) shall be filled in the same manner as submit to Congress an annual report that the Commission. the original appointment was made. contains a list of each gift, bequest, or devise (3) STATUS.—A member of the Commission, (d) VOTING.— to the Commission with a value of more than who is not otherwise a Federal employee, (1) IN GENERAL.—The Commission shall act $250, together with the identity of the donor shall be considered a Federal employee only only on an affirmative vote of a majority of of each gift, bequest, or devise. for purposes of the provisions of law related the members of the Commission. (2) FINAL REPORT.—Not later than Sep- to ethics, conflicts of interest, corruption, (2) QUORUM.—A majority of the members of tember 30, 2015, the Commission shall submit and any other criminal or civil statute or the Commission shall constitute a quorum. to the Secretary and Congress a final report regulation governing the conduct of Federal (e) CHAIRPERSON AND VICE CHAIRPERSON.— that includes— employees. (1) SELECTION.—The Commission shall se- (A) a summary of the activities of the (b) EXECUTIVE DIRECTOR AND OTHER lect a chairperson and a vice chairperson Commission; STAFF.— from among the members of the Commis- (B) a final accounting of any funds received (1) IN GENERAL.—The Chairperson of the sion. or expended by the Commission; and Commission may, without regard to the pro- (2) ABSENCE OF CHAIRPERSON.—The vice (C) the final disposition of any historically visions of title 5, United States Code, gov- chairperson shall act as chairperson in the significant items acquired by the Commis- erning appointments in the competitive absence of the chairperson. sion and other properties not previously re- service and termination of employees (in- (f) INITIAL MEETING.—Not later than 60 ported. cluding regulations), appoint and terminate days after the date on which all members of SEC. 6. POWERS. an executive director, subject to confirma- the Commission have been appointed and (a) IN GENERAL.—The Commission may— tion by the Commission, and appoint and funds have been provided, the Commission (1) solicit, accept, use, and dispose of gifts terminate such other additional personnel as shall hold the initial meeting of the Commis- or donations of money, services, and real and are necessary to enable the Commission to sion. personal property related to the commemo- perform the duties of the Commission. (g) MEETINGS.—Not less than twice a year, ration in accordance with Department of the (2) STATUS.—The Executive Director and the Commission shall meet at the call of the Interior and National Park Service written other staff appointed under this subsection chairperson or a majority of the members of standards for accepting gifts from outside shall be considered Federal employees under the Commission. sources; section 2105 of title 5, United States Code, (h) REMOVAL.—Any member who fails to (2) appoint such advisory committees as notwithstanding the requirements of such attend 3 successive meetings of the Commis- the Commission determines to be necessary section. sion or who otherwise fails to participate to carry out this Act; (3) CONFIRMATION OF EXECUTIVE DIRECTOR.— substantively in the work of the Commission (3) authorize any member or employee of The employment of an executive director may be removed by the Secretary and the the Commission to take any action the Com- shall be subject to confirmation by the Com- vacancy shall be filled in the same manner mission is authorized to take under this Act; mission. as the original appointment was made. Mem- (4) use the United States mails in the same (4) COMPENSATION.— bers serve at the discretion of the Secretary. manner and under the same conditions as (A) IN GENERAL.—Except as provided in SEC. 5. DUTIES. other agencies of the Federal Government; subparagraph (B), the Chairperson of the (a) IN GENERAL.—The Commission shall— and Commission may fix the compensation of the (1) plan, encourage, develop, execute, and (5) make grants to communities, nonprofit, executive director and other personnel with- coordinate programs, observances, and ac- commemorative commissions or organiza- out regard to the provisions of chapter 51 and tivities commemorating the historic events tions, and research and scholarly organiza- subchapter III of chapter 53 of title 5, United that preceded and are associated with the tions to develop programs and products to States Code, relating to classification of po- War of 1812; assist in researching, publishing, marketing, sitions and General Schedule pay rates. (2) facilitate the commemoration through- and distributing information relating to the (B) MAXIMUM RATE OF PAY.—The rate of out the United States and internationally; commemoration. basic pay for the executive director and (3) coordinate the activities of the Com- (b) LEGAL AGREEMENTS.— other personnel shall not exceed the rate mission with State commemoration commis- (1) IN GENERAL.—In carrying out this Act, payable for level V of the Executive Sched- sions, the National Park Service, the Depart- the Commission may— ule under section 5316 of title 5, United ment of Defense, and other appropriate Fed- (A) procure supplies, services, and prop- States Code. eral agencies; erty; and (c) GOVERNMENT EMPLOYEES.— (4) encourage civic, patriotic, historical, (B) make or enter into contracts, leases, or (1) FEDERAL EMPLOYEES.— educational, religious, economic, tourism, other legal agreements. (A) SERVICE ON COMMISSION.—A member of and other organizations throughout the (2) LENGTH.—Any contract, lease, or other the Commission who is an officer or em- United States to organize and participate in legal agreement made or entered into by the ployee of the Federal Government shall serve the commemoration to expand the under- Commission shall not extend beyond the without compensation in addition to the standing and appreciation of the significance date of termination of the Commission. compensation received for the services of the of the War of 1812; (c) INFORMATION FROM FEDERAL AGEN- member as an officer or employee of the Fed- (5) provide technical assistance to States, CIES.— eral Government. localities, units of the National Park Sys- (1) IN GENERAL.—The Commission may se- (B) DETAIL.—At the request of the Commis- tem, and nonprofit organizations to further cure directly from a Federal agency such in- sion, the head of any Federal agency may de- the commemoration and commemorative formation as the Commission considers nec- tail, on a reimbursable or nonreimbursable events; essary to carry out this Act. basis, any of the personnel of the agency to (6) coordinate and facilitate scholarly re- (2) PROVISION OF INFORMATION.—On request the Commission to assist the Commission in search on, publication about, and interpreta- of the Chairperson of the Commission, the carrying out the duties of the Commission tion of the people and events associated with head of the agency shall provide the informa- under this Act. the War of 1812; tion to the Commission in accordance with (C) CIVIL SERVICE STATUS.—Notwith- (7) design, develop, and provide for the applicable laws. standing any other provisions in this sec- maintenance of an exhibit that will travel (d) FACA APPLICATION.—The Federal Advi- tion, Federal employees who serve on the throughout the United States during the sory Committee Act (5 U.S.C. App.)— Commission, are detailed to the Commission, commemoration period to interpret events of (1) shall not apply to the Commission; and or otherwise provide services under the Act,

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.060 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2807 shall continue to be Federal employees for S. 799. A bill to amend title XIX of No one should have to sacrifice their the purpose of any law specific to Federal the Social Security Act to provide in- ability to participate because they employees, without interruption or loss of dividuals with disabilities and older need help getting out of the house in civil service status or privilege. Americans with equal access to com- the morning or assistance with per- (2) STATE EMPLOYEES.—The Commission may— munity-based attendant services and sonal care or some other basic service. (A) accept the services of personnel de- supports, and for other purposes, to the We have made some progress to date, tailed from States (including subdivisions of Committee on Finance. as CMS has started to award Money States) under subchapter VI of chapter 33 of Mr. HARKIN. Mr. President, today, Follows the Person demonstration title 5, United States Code; and Senator SPECTER and I, and others in- grants. But that is only a start. To- (B) reimburse States for services of de- troduce the Community Choice Act. gether, that initiative and the Commu- tailed personnel. This legislation is needed to truly nity Choice Act could substantially re- (d) MEMBERS OF ADVISORY COMMITTEES.— bring people with disabilities into the form long term services in this coun- Members of advisory committees appointed under section 6(a)(2)— mainstream of society and provide try. With appropriate community- (1) shall not be considered employees of the equal opportunity for employment and based services and supports, we can Federal Government by reason of service on community activities. transform the lives of people with dis- the committees for the purpose of any law In order to work or live in their own abilities. They can live with family and specific to Federal employees, except for the homes, Americans with disabilities and friends, not strangers. They can be the purposes of chapter 11 of title 18, United older Americans need access to com- neighbor down the street, not the per- States Code, relating to conflicts of interest; munity-based services and supports. son warehoused down the hall. This is and Unfortunately, under current Medicaid not asking too much. This is the bare (2) may be paid travel expenses, including per diem in lieu of subsistence, at rates au- policy, the deck is stacked in favor of minimum that we should demand for thorized for an employee of an agency under living in an institutional setting. Fed- every human being. subchapter I of chapter 57 of title 5, United eral law requires that States cover Community based services and sup- States Code, while away from the home or nursing home care in their Medicaid ports allow people with disabilities to regular place of business of the member in programs, but there is no similar re- lead independent lives, have jobs, and the performance of the duties of the com- quirement for attendant services. The participate in the community. Some mittee. purpose of our bill is to level the play- will become taxpayers, some will get (e) VOLUNTEER AND UNCOMPENSATED SERV- ing field, and to give eligible individ- an education, and some will participate ICES.—Notwithstanding section 1342 of title 31, United States Code, the Commission may uals equal access to the community- in recreational and civic activities. But accept and use such voluntary and uncom- based services and supports that they all will experience a chance to make pensated services as the Commission deter- need. their own choices and to govern their mines necessary. Although some States have already own lives. (f) SUPPORT SERVICES.—The Director of the recognized the benefits of home and The Community Choice Act will open National Park Service shall provide to the community-based services, they are the door to full participation by people Commission, on a reimbursable basis, such unevenly distributed and only reach a with disabilities in our workplaces, our administrative support services as the Com- small percentage of eligible individ- economy, and our American Dream and mission may request. (g) PROCUREMENT OF TEMPORARY AND uals. Some States are now providing I urge all my colleagues to support us INTERMITTENT SERVICES.—The Chairperson of the personal care optional benefit on this issue. I want to thank Senator the Commission may employ experts and through their Medicaid program, but SPECTER for his leadership on this issue consultants on a temporary or intermittent others do not. and his commitment to improving ac- basis in accordance with section 3109(b) of Those left behind are often needlessly cess to home and community-based title 5, United States Code, at rates for indi- institutionalized because they cannot services for people with disabilities. I viduals that do not exceed the daily equiva- access community alternatives. The would also like to thank Senators KEN- lent of the annual rate of basic pay pre- civil right of a person with a disability scribed for level V of the Executive Schedule NEDY, INOUYE, SALAZAR, BIDEN, under section 5316 of that title. Such per- to be integrated into their own commu- LIEBERMAN, CLINTON, SCHUMER, and sonnel shall be considered Federal employees nity should not depend on their ad- DODD for joining me in this important under section 2105 of title 5, United States dress. In Olmstead v. L.C., the Supreme initiative. Code, notwithstanding the requirements of Court recognized that needless institu- I ask unanimous consent that the such section. tionalization is a form of discrimina- text of the bill be printed in the SEC. 8. AUTHORIZATION OF APPROPRIATIONS. tion under the Americans with Disabil- RECORD. (a) IN GENERAL.—There are authorized to ities Act. We in Congress have a re- There being no objection, the text of be appropriated to carry out this Act such sponsibility to help States meet their the bill was ordered to be printed in sums as are necessary for each of fiscal years the RECORD, as follows: 2008 through 2015. obligations under Olmstead. (b) AVAILABILITY OF FUNDS.—Amounts ap- The Community Choice Act is de- S. 799 propriated under this section for any fiscal signed to do just that, and to make the Be it enacted by the Senate and House of Rep- year shall remain available until December promise of the ADA a reality. It will resentatives of the United States of America in 31, 2015. help rebalance the current Medicaid Congress assembled, SEC. 9. TERMINATION OF COMMISSION. long term care system, which spends a SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) IN GENERAL.—The Commission shall disproportionate amount on institu- (a) SHORT TITLE.—This Act may be cited as terminate on December 31, 2015. tional services. Today, almost two- the ‘‘Community Choice Act of 2007’’. (b) TABLE OF CONTENTS.—The table of con- (b) TRANSFER OF MATERIALS.—Not later thirds of Medicaid long term care dol- than the date of termination, the Commis- tents for this Act is as follows: sion shall transfer any documents, mate- lars are spent on institutional services, Sec. 1. Short title; table of contents. rials, books, manuscripts, miscellaneous with only one-third going to commu- Sec. 2. Findings and purposes. printed matter, memorabilia, relics, exhib- nity-based care. TITLE I—ESTABLISHMENT OF MEDICAID its, and any materials donated to the Com- This current imbalance means that PLAN BENEFIT mission that relate to the War of 1812, to individuals do not have equal access to Sec. 101. Coverage of community-based at- Fort McHenry National Monument and His- community-based care throughout this tendant services and supports toric Shrine. country. An individual should not have under the Medicaid program. (c) DISPOSITION OF FUNDS.—Any funds held to move to another State in order to Sec. 102. Enhanced FMAP for ongoing ac- by the Commission on the date of termi- tivities of early coverage States nation shall be deposited in the general fund avoid needless segregation. Nor should they have to move away from family that enhance and promote the of the Treasury. use of community-based attend- and friends because their own choice is ant services and supports. By Mr. HARKIN (for himself, Mr. an institution. Sec. 103. Increased Federal financial partici- SPECTER, Mr. KENNEDY, Mr. Federal Medicaid policy should re- pation for certain expenditures. INOUYE, Mr. SALAZAR, Mr. flect the goals of the ADA that Ameri- TITLE II—PROMOTION OF SYSTEMS BIDEN, Mr. LIEBERMAN, Mrs. cans with disabilities should have CHANGE AND CAPACITY BUILDING CLINTON, Mr. SCHUMER, and Mr. equal opportunity, and the right to Sec. 201. Grants to promote systems change DODD): fully participate in their communities. and capacity building.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0655 E:\CR\FM\A07MR6.060 SWEST PsN: S07MRPT1 S2808 CONGRESSIONAL RECORD — SENATE March 7, 2007 Sec. 202. Demonstration project to enhance supports that provide consumer choice and ment and Implementation Council estab- coordination of care under the direction, in the most integrated setting ap- lished by the State that satisfies the require- Medicare and Medicaid pro- propriate. ments of subparagraph (B); and grams for dual eligible individ- (3) To assist States in meeting the growing ‘‘(ii) will be implemented in collaboration uals. demand for community-based attendant with such Council and on the basis of public SEC. 2. FINDINGS AND PURPOSES. services and supports, as the Nation’s popu- input solicited by the State and the Council. (a) FINDINGS.—Congress makes the fol- lation ages and individuals with disabilities ‘‘(B) DEVELOPMENT AND IMPLEMENTATION lowing findings: live longer. COUNCIL REQUIREMENTS.—For purposes of sub- (1) Long-term services and supports pro- (4) To assist States in addressing the deci- paragraph (A), the requirements of this sub- vided under the Medicaid program estab- sion of the Supreme Court in Olmstead v. paragraph are that— lished under title XIX of the Social Security L.C., (527 U.S. 581 (1999)) and implementing ‘‘(i) the majority of the members of the De- Act (42 U.S.C. 1396 et seq.) must meet the the integration mandate of the Americans velopment and Implementation Council are ability and life choices of individuals with with Disabilities Act. individuals with disabilities, elderly individ- disabilities and older Americans, including TITLE I—ESTABLISHMENT OF MEDICAID uals, and their representatives; and the choice to live in one’s own home or with PLAN BENEFIT ‘‘(ii) in carrying out its responsibilities, the Council actively collaborates with— one’s own family and to become a productive SEC. 101. COVERAGE OF COMMUNITY-BASED AT- ‘‘(I) individuals with disabilities; member of the community. TENDANT SERVICES AND SUPPORTS ‘‘(II) elderly individuals; (2) Research on the provision of long-term UNDER THE MEDICAID PROGRAM. ‘‘(III) representatives of such individuals; services and supports under the Medicaid (a) MANDATORY COVERAGE.—Section and program (conducted by and on behalf of the 1902(a)(10)(D) of the Social Security Act (42 ‘‘(IV) providers of, and advocates for, serv- Department of Health and Human Services) U.S.C. 1396a(a)(10)(D)) is amended— ices and supports for such individuals. has revealed a significant funding and pro- (1) by inserting ‘‘(i)’’ after ‘‘(D)’’; (2) by adding ‘‘and’’ after the semicolon; ‘‘(2) ASSURANCE OF PROVISION ON A STATE- grammatic bias toward institutional care. and WIDE BASIS AND IN MOST INTEGRATED SET- Only about 37 percent of long-term care (3) by adding at the end the following new TING.—That consumer controlled commu- funds expended under the Medicaid program, clause: nity-based attendant services and supports and only about 12.5 percent of all funds ex- ‘‘(ii) subject to section 1939, for the inclu- will be provided under the State plan to indi- pended under that program, pay for services sion of community-based attendant services viduals described in section 1902(a)(10)(D)(ii) and supports in home and community-based and supports for any individual who— on a statewide basis and in a manner that settings. ‘‘(I) is eligible for medical assistance under provides such services and supports in the (3) In the case of Medicaid beneficiaries the State plan; most integrated setting appropriate to the who need long-term care, the only long-term ‘‘(II) with respect to whom there has been individual’s needs. care service currently guaranteed by Federal a determination that the individual requires ‘‘(3) ASSURANCE OF NONDISCRIMINATION.— law in every State are services related to the level of care provided in a nursing facil- That the State will provide community- nursing home care. Only 30 States have ity, institution for mental diseases, or an in- based attendant services and supports to an adopted the benefit option of providing per- termediate care facility for the mentally re- individual described in section sonal care services under the Medicaid pro- tarded (whether or not coverage of such in- 1902(a)(10)(D)(ii) without regard to the indi- gram. Although every State has chosen to stitution or intermediate care facility is pro- vidual’s age, type or nature of disability, se- provide certain services under home and vided under the State plan); and verity of disability, or the form of commu- community-based waivers, these services are ‘‘(III) chooses to receive such services and nity-based attendant services and supports unevenly available within and across States, supports;’’. that the individual requires in order to lead and reach a small percentage of eligible indi- (b) COMMUNITY-BASED ATTENDANT SERVICES an independent life. viduals. In fiscal year 2003, only 7 States AND SUPPORTS.— ‘‘(4) ASSURANCE OF MAINTENANCE OF EF- spent 50 percent or more of their Medicaid (1) IN GENERAL.—Title XIX of the Social FORT.—That the level of State expenditures long-term care funds under the Medicaid pro- Security Act (42 U.S.C. 1396 et seq.) is for medical assistance that is provided under gram on home and community-based care. amended— section 1905(a), section 1915, section 1115, or Individuals with the most significant disabil- (A) by redesignating section 1939 as section otherwise to individuals with disabilities or ities are usually afforded the least amount of 1940; and elderly individuals for a fiscal year shall not choice, despite advances in medical and as- (B) by inserting after section 1938 the fol- be less than the level of such expenditures sistive technologies and related areas. lowing: for the fiscal year preceding the first full fis- (4) Despite the more limited funding for ‘‘COMMUNITY-BASED ATTENDANT SERVICES AND cal year in which the State plan amendment community services, the majority of individ- SUPPORTS to provide community-based attendant serv- uals who use Medicaid long-term services ‘‘SEC. 1939. (a) REQUIRED COVERAGE.— ices and supports in accordance with this and supports are in the community, indi- ‘‘(1) IN GENERAL.—Not later than October 1, section is implemented. cating that community services is a more 2012, a State shall provide through a plan ‘‘(c) REQUIREMENTS FOR ENHANCED FMAP cost effective alternative to institutional amendment for the inclusion of community- FOR EARLY COVERAGE.—In addition to satis- care. based attendant services and supports (as de- fying the other requirements for an approved (5) The goals of the Nation properly in- fined in subsection (g)(1)) for individuals de- plan amendment under this section, in order clude providing families of children with dis- scribed in section 1902(a)(10)(D)(ii) in accord- for a State to be eligible under subsection abilities, working-age adults with disabil- ance with this section. (a)(2) during the period described in that sub- ities, and older Americans with— ‘‘(2) ENHANCED FMAP AND ADDITIONAL FED- section for the enhanced FMAP for early (A) a meaningful choice of receiving long- ERAL FINANCIAL SUPPORT FOR EARLIER COV- coverage under subsection (a)(2), the State term services and supports in the most inte- ERAGE.—Notwithstanding section 1905(b), shall satisfy the following requirements: grated setting appropriate to the individual’s during the period that begins on October 1, ‘‘(1) SPECIFICATIONS.—With respect to a fis- needs; 2007, and ends on September 30, 2012, in the cal year, the State shall provide the Sec- (B) the greatest possible control over the case of a State with an approved plan amend- retary with the following specifications re- services received and, therefore, their own ment under this section during that period garding the provision of community-based lives and futures; and that also satisfies the requirements of sub- attendant services and supports under the (C) quality services that maximize inde- section (c) the Federal medical assistance plan for that fiscal year: pendence in the home and community, in- percentage shall be equal to the enhanced ‘‘(A)(i) The number of individuals who are cluding in the workplace. FMAP described in section 2105(b) with re- estimated to receive community-based at- (b) PURPOSES.—The purposes of this Act spect to medical assistance in the form of tendant services and supports under the plan are the following: community-based attendant services and during the fiscal year. (1) To reform the Medicaid program estab- supports provided to individuals described in ‘‘(ii) The number of individuals that re- lished under title XIX of the Social Security section 1902(a)(10)(D)(ii) in accordance with ceived such services and supports during the Act (42 U.S.C. 1396 et seq.) to provide services this section on or after the date of the ap- preceding fiscal year. in the most integrated setting appropriate to proval of such plan amendment. ‘‘(B) The maximum number of individuals the individual’s needs, and to provide equal ‘‘(b) DEVELOPMENT AND IMPLEMENTATION OF who will receive such services and supports access to community-based attendant serv- BENEFIT.—In order for a State plan amend- under the plan during that fiscal year. ices and supports in order to assist individ- ment to be approved under this section, a ‘‘(C) The procedures the State will imple- uals in achieving equal opportunity, full par- State shall provide the Secretary with the ment to ensure that the models for delivery ticipation, independent living, and economic following assurances: of such services and supports are consumer self-sufficiency. ‘‘(1) ASSURANCE OF DEVELOPMENT AND IM- controlled (as defined in subsection (2) To provide financial assistance to PLEMENTATION COLLABORATION.— (g)(2)(B)). States as they reform their long-term care ‘‘(A) IN GENERAL.—That State plan amend- ‘‘(D) The procedures the State will imple- systems to provide comprehensive statewide ment— ment to inform all potentially eligible indi- long-term services and supports, including ‘‘(i) has been developed in collaboration viduals and relevant other individuals of the community-based attendant services and with, and with the approval of, a Develop- availability of such services and supports

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.075 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2809 under this title, and of other items and serv- ‘‘(I) The State shall establish an ongoing family members (as defined by the Sec- ices that may be provided to the individual public process for the development, imple- retary). under this title or title XVIII and other Fed- mentation, and review of the State’s quality ‘‘(B) INCLUDED SERVICES AND SUPPORTS.— eral or State long-term service and support assurance system. Such term includes— programs. ‘‘(J) The State shall develop and imple- ‘‘(i) tasks necessary to assist an individual ‘‘(E) The procedures the State will imple- ment a program of sanctions for providers of in accomplishing activities of daily living, ment to ensure that such services and sup- community-based services and supports that instrumental activities of daily living, and ports are provided in accordance with the re- violate the terms or conditions for the provi- health-related tasks; quirements of subsection (b)(1). sion of such services and supports. ‘‘(ii) the acquisition, maintenance, and en- ‘‘(F) The procedures the State will imple- ‘‘(2) FEDERAL RESPONSIBILITIES.— hancement of skills necessary for the indi- ment to actively involve in a systematic, ‘‘(A) PERIODIC EVALUATIONS.—The Sec- vidual to accomplish activities of daily liv- comprehensive, and ongoing basis, the Devel- retary shall conduct a periodic sample re- ing, instrumental activities of daily living, opment and Implementation Council estab- view of outcomes for individuals who receive and health-related tasks; lished in accordance with subsection community-based attendant services and ‘‘(iii) backup systems or mechanisms (such (b)(1)(A)(ii), individuals with disabilities, el- supports under this title. as the use of beepers) to ensure continuity of derly individuals, and representatives of ‘‘(B) INVESTIGATIONS.—The Secretary may services and supports; and such individuals in the design, delivery, ad- conduct targeted reviews and investigations ‘‘(iv) voluntary training on how to select, ministration, implementation, and evalua- upon receipt of an allegation of neglect, manage, and dismiss attendants. tion of the provision of such services and abuse, or exploitation of an individual re- ‘‘(C) EXCLUDED SERVICES AND SUPPORTS.— supports under this title. ceiving community-based attendant services Subject to subparagraph (D), such term does ‘‘(2) PARTICIPATION IN EVALUATIONS.—The and supports under this section. not include— State shall provide the Secretary with such ‘‘(C) DEVELOPMENT OF PROVIDER SANCTION ‘‘(i) the provision of room and board for the substantive input into, and participation in, GUIDELINES.—The Secretary shall develop individual; the design and conduct of data collection, guidelines for States to use in developing the ‘‘(ii) special education and related services analyses, and other qualitative or quan- sanctions required under paragraph (1)(J). provided under the Individuals with Disabil- titative evaluations of the provision of com- ities Education Act and vocational rehabili- ‘‘(e) REPORTS.—The Secretary shall submit munity-based attendant services and sup- to Congress periodic reports on the provision tation services provided under the Rehabili- ports under this section as the Secretary of community-based attendant services and tation Act of 1973; deems necessary in order to determine the supports under this section, particularly ‘‘(iii) assistive technology devices and as- effectiveness of the provision of such serv- sistive technology services; with respect to the impact of the provision ices and supports in allowing the individuals ‘‘(iv) durable medical equipment; or of such services and supports on— receiving such services and supports to lead ‘‘(v) home modifications. ‘‘(1) individuals eligible for medical assist- an independent life to the maximum extent ‘‘(D) FLEXIBILITY IN TRANSITION TO COMMU- ance under this title; possible. NITY-BASED HOME SETTING.—Such term may ‘‘(2) States; and ‘‘(d) QUALITY ASSURANCE.— include expenditures for transitional costs, ‘‘(3) the Federal Government. ‘‘(1) STATE RESPONSIBILITIES.—In order for such as rent and utility deposits, first a State plan amendment to be approved ‘‘(f) NO EFFECT ON ABILITY TO PROVIDE COV- month’s rent and utilities, bedding, basic under this section, a State shall establish ERAGE.— kitchen supplies, and other necessities re- and maintain a comprehensive, continuous ‘‘(1) IN GENERAL.—Nothing in this section quired for an individual to make the transi- quality assurance system with respect to shall be construed as affecting the ability of tion from a nursing facility, institution for community-based attendant services and a State to provide coverage under the State mental diseases, or intermediate care facil- supports that provides for the following: plan for community-based attendant services ity for the mentally retarded to a commu- ‘‘(A) The State shall establish require- and supports (or similar coverage) under sec- nity-based home setting where the individual ments, as appropriate, for agency-based and tion 1905(a), section 1915, section 1115, or oth- resides. other delivery models that include— erwise. ‘‘(2) ADDITIONAL DEFINITIONS.— ‘‘(i) minimum qualifications and training ‘‘(2) ELIGIBILITY FOR ENHANCED MATCH.—In ‘‘(A) ACTIVITIES OF DAILY LIVING.—The requirements for agency-based and other the case of a State that provides coverage for term ‘activities of daily living’ includes eat- models; such services and supports under a waiver, ing, toileting, grooming, dressing, bathing, ‘‘(ii) financial operating standards; and the State shall not be eligible under sub- and transferring. ‘‘(iii) an appeals procedure for eligibility section (a)(2) for the enhanced FMAP for the ‘‘(B) CONSUMER CONTROLLED.—The term denials and a procedure for resolving dis- early provision of such coverage unless the ‘consumer controlled’ means a method of se- agreements over the terms of an individual- State submits a plan amendment to the Sec- lecting and providing services and supports ized plan. retary that meets the requirements of this that allow the individual, or where appro- ‘‘(B) The State shall modify the quality as- section and demonstrates that the State is priate, the individual’s representative, max- surance system, as appropriate, to maximize able to fully comply with and implement the imum control of the community-based at- consumer independence and consumer con- requirements of this section. tendant services and supports, regardless of trol in both agency-provided and other deliv- ‘‘(g) DEFINITIONS.—In this title: who acts as the employer of record. ery models. ‘‘(1) COMMUNITY-BASED ATTENDANT SERVICES ‘‘(C) DELIVERY MODELS.— ‘‘(C) The State shall provide a system that AND SUPPORTS.— ‘‘(i) AGENCY-PROVIDER MODEL.—The term allows for the external monitoring of the ‘‘(A) IN GENERAL.—The term ‘community- ‘agency-provider model’ means, with respect quality of services and supports by entities based attendant services and supports’ to the provision of community-based attend- consisting of consumers and their represent- means attendant services and supports fur- ant services and supports for an individual, atives, disability organizations, providers, nished to an individual, as needed, to assist subject to clause (iii), a method of providing families of disabled or elderly individuals, in accomplishing activities of daily living, consumer controlled services and supports members of the community, and others. instrumental activities of daily living, and under which entities contract for the provi- ‘‘(D) The State shall provide for ongoing health-related tasks through hands-on as- sion of such services and supports. monitoring of the health and well-being of sistance, supervision, or cueing— ‘‘(ii) OTHER MODELS.—The term ‘other mod- each individual who receives community- ‘‘(i) under a plan of services and supports els’ means, subject to clause (iii), methods, based attendant services and supports. that is based on an assessment of functional other than an agency-provider model, for the ‘‘(E) The State shall require that quality need and that is agreed to in writing by the provision of consumer controlled services assurance mechanisms pertaining to the in- individual or, as appropriate, the individual’s and supports. Such models may include the dividual be included in the individual’s writ- representative; provision of vouchers, direct cash payments, ten plan. ‘‘(ii) in a home or community setting, or use of a fiscal agent to assist in obtaining ‘‘(F) The State shall establish a process for which shall include but not be limited to a services. the mandatory reporting, investigation, and school, workplace, or recreation or religious ‘‘(iii) COMPLIANCE WITH CERTAIN LAWS.—A resolution of allegations of neglect, abuse, or facility, but does not include a nursing facil- State shall ensure that, regardless of wheth- exploitation in connection with the provi- ity, institution for mental diseases, or an in- er the State uses an agency-provider model sion of such services and supports. termediate care facility for the mentally re- or other models to provide services and sup- ‘‘(G) The State shall obtain meaningful tarded; ports under a State plan amendment under consumer input, including consumer surveys, ‘‘(iii) under an agency-provider model or this section, such services and supports are that measure the extent to which an indi- other model (as defined in paragraph (2)(C)); provided in accordance with the require- vidual receives the services and supports de- ‘‘(iv) the furnishing of which— ments of the Fair Labor Standards Act of scribed in the individual’s plan and the indi- ‘‘(I) is selected, managed, and dismissed by 1938 and applicable Federal and State laws vidual’s satisfaction with such services and the individual, or, as appropriate, with as- regarding— supports. sistance from the individual’s representa- ‘‘(I) withholding and payment of Federal ‘‘(H) The State shall make available to the tive; and and State income and payroll taxes; public the findings of the quality assurance ‘‘(II) provided by an individual who is ‘‘(II) the provision of unemployment and system. qualified to provide such services, including workers compensation insurance;

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.075 SWEST PsN: S07MRPT1 S2810 CONGRESSIONAL RECORD — SENATE March 7, 2007

‘‘(III) maintenance of general liability in- are an amount equal to the Federal medical ‘‘(B) REQUIREMENTS.—The requirements of surance; and assistance percentage, increased by 10 per- this subparagraph are the following: ‘‘(IV) occupational health and safety. centage points, of the expenditures incurred ‘‘(i) The State has an approved plan ‘‘(D) HEALTH-RELATED TASKS.—The term by the State for the provision or conduct of amendment under this section. ‘health-related tasks’ means specific tasks the services or activities described in para- ‘‘(ii) The State has incurred expenditures that can be delegated or assigned by licensed graph (3). described in paragraph (2). health-care professionals under State law to ‘‘(2) EXPENDITURE CRITERIA.—A State ‘‘(iii) The State develops and submits to be performed by an attendant. shall— the Secretary criteria to identify and select ‘‘(E) INSTRUMENTAL ACTIVITIES OF DAILY ‘‘(A) develop criteria for determining the such expenditures in accordance with the re- LIVING.—The term ‘instrumental activities of expenditures described in paragraph (1) in quirements of paragraph (3). daily living’ includes, but is not limited to, collaboration with the individuals and rep- ‘‘(iv) The Secretary determines that pay- meal planning and preparation, managing fi- resentatives described in subsection (b)(1); ment of the applicable percentage of such ex- nances, shopping for food, clothing, and and penditures (as determined under paragraph other essential items, performing essential ‘‘(B) submit such criteria for approval by (2)(B)) would enable the State to provide a household chores, communicating by phone the Secretary. meaningful choice of receiving community- and other media, and traveling around and ‘‘(3) SERVICES, SUPPORTS AND ACTIVITIES DE- based services and supports to individuals participating in the community. SCRIBED.—For purposes of paragraph (1), the with disabilities and elderly individuals who ‘‘(F) INDIVIDUALS REPRESENTATIVE.—The services, supports and activities described in would otherwise only have the option of re- term ‘individual’s representative’ means a this subparagraph are the following: ceiving institutional care. parent, a family member, a guardian, an ad- ‘‘(A) 1-stop intake, referral, and institu- ‘‘(2) AMOUNTS AND EXPENDITURES DE- vocate, or other authorized representative of tional diversion services. SCRIBED.— an individual.’’. ‘‘(B) Identifying and remedying gaps and ‘‘(A) EXPENDITURES IN EXCESS OF 150 PER- (c) CONFORMING AMENDMENTS.— inequities in the State’s current provision of CENT OF BASELINE AMOUNT.—The amounts (1) MANDATORY BENEFIT.—Section long-term services and supports, particularly and expenditures described in this paragraph 1902(a)(10)(A) of the Social Security Act (42 those services and supports that are provided are an amount equal to the applicable per- U.S.C. 1396a(a)(10)(A)) is amended, in the based on such factors as age, severity of dis- centage, as determined by the Secretary in matter preceding clause (i), by striking ‘‘(17) ability, type of disability, ethnicity, income, accordance with subparagraph (B), of the ex- and (21)’’ and inserting ‘‘(17), (21), and (28)’’. institutional bias, or other similar factors. penditures incurred by the State for the pro- (2) DEFINITION OF MEDICAL ASSISTANCE.— ‘‘(C) Establishment of consumer participa- vision of community-based attendant serv- Section 1905(a) of the Social Security Act (42 tion and consumer governance mechanisms, ices and supports to an individual that ex- U.S.C. 1396d) is amended— such as cooperatives and regional service au- ceed 150 percent of the average cost of pro- (A) by striking ‘‘and’’ at the end of para- thorities, that are managed and controlled viding nursing facility services to an indi- graph (27); by individuals with significant disabilities vidual who resides in the State and is eligi- (B) by redesignating paragraph (28) as who use community-based services and sup- ble for such services under this title, as de- paragraph (29); and ports or their representatives. termined in accordance with criteria estab- (C) by inserting after paragraph (27) the ‘‘(D) Activities designed to enhance the lished by the Secretary. following: skills, earnings, benefits, supply, career, and ‘‘(B) APPLICABLE PERCENTAGE.—The Sec- ‘‘(28) community-based attendant services future prospects of workers who provide retary shall establish a payment scale for and supports (to the extent allowed and as community-based attendant services and the expenditures described in subparagraph defined in section 1939); and’’. supports. (A) so that the Federal financial participa- (3) IMD/ICFMR REQUIREMENTS.—Section ‘‘(E) Continuous, comprehensive quality tion for such expenditures gradually in- 1902(a)(10)(C)(iv) of the Social Security Act improvement activities that are designed to creases from 70 percent to 90 percent as such (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended by ensure and enhance the health and well- expenditures increase. inserting ‘‘and (28)’’ after ‘‘(24)’’. being of individuals who rely on community- ‘‘(3) SPECIFICATION OF ORDER OF SELECTION (d) EFFECTIVE DATES.— based attendant services and supports, par- FOR EXPENDITURES.—In order to receive the (1) IN GENERAL.—Except as provided in ticularly activities involving or initiated by amounts described in paragraph (2), a State paragraph (2), the amendments made by this consumers of such services and supports or shall— section (other than the amendment made by their representatives. ‘‘(A) develop, in collaboration with the in- subsection (c)(1)) take effect on October 1, ‘‘(F) Family support services to augment dividuals and representatives described in 2007, and apply to medical assistance pro- the efforts of families and friends to enable subsection (b)(1) and pursuant to guidelines vided for community-based attendant serv- individuals with disabilities of all ages to established by the Secretary, criteria to ices and supports described in section 1939 of live in their own homes and communities. identify and select the expenditures sub- the Social Security Act furnished on or after ‘‘(G) Health promotion and wellness serv- mitted under that paragraph; and that date. ices and activities. ‘‘(B) submit such criteria to the Sec- (2) MANDATORY BENEFIT.—The amendment ‘‘(H) Provider recruitment and enhance- retary.’’. made by subsection (c)(1) takes effect on Oc- ment activities, particularly such activities (b) EFFECTIVE DATE.—The amendment tober 1, 2012. that encourage the development and mainte- made by subsection (a) takes effect on Octo- SEC. 102. ENHANCED FMAP FOR ONGOING AC- nance of consumer controlled cooperatives ber 1, 2007. TIVITIES OF EARLY COVERAGE or other small businesses or micro-enter- TITLE II—PROMOTION OF SYSTEMS STATES THAT ENHANCE AND PRO- prises that provide community-based attend- CHANGE AND CAPACITY BUILDING MOTE THE USE OF COMMUNITY- ant services and supports or related services. BASED ATTENDANT SERVICES AND SEC. 201. GRANTS TO PROMOTE SYSTEMS SUPPORTS. ‘‘(I) Activities designed to ensure service CHANGE AND CAPACITY BUILDING. (a) IN GENERAL.—Section 1939 of the Social and systems coordination. (a) AUTHORITY TO AWARD GRANTS.— Security Act, as added by section 101(b), is ‘‘(J) Any other services or activities that (1) IN GENERAL.—The Secretary of Health amended— the Secretary deems appropriate.’’. and Human Services (in this section referred (1) by redesignating subsections (d) (b) EFFECTIVE DATE.—The amendments to as the ‘‘Secretary’’) shall award grants to through (g) as subsections (f) through (i), re- made by subsection (a) take effect on Octo- eligible States to carry out the activities de- spectively; ber 1, 2007. scribed in subsection (b). (2) in subsection (a)(1), by striking ‘‘sub- SEC. 103. INCREASED FEDERAL FINANCIAL PAR- (2) APPLICATION.—In order to be eligible for section (g)(1)’’ and inserting ‘‘subsection TICIPATION FOR CERTAIN EXPENDI- a grant under this section, a State shall sub- (i)(1)’’; TURES. mit to the Secretary an application in such (3) in subsection (a)(2), by inserting ‘‘, and (a) IN GENERAL.—Section 1939 of the Social form and manner, and that contains such in- with respect to expenditures described in Security Act, as added by section 101(b) and formation, as the Secretary may require. subsection (d), the Secretary shall pay the amended by section 102, is amended by in- (b) PERMISSIBLE ACTIVITIES.—A State that State the amount described in subsection serting after subsection (d) the following: receives a grant under this section may use (d)(1)’’ before the period; ‘‘(e) INCREASED FEDERAL FINANCIAL PAR- funds provided under the grant for any of the (4) in subsection (c)(1)(C), by striking ‘‘sub- TICIPATION FOR CERTAIN EXPENDITURES.— following activities, focusing on areas of section (g)(2)(B)’’ and inserting ‘‘subsection ‘‘(1) ELIGIBILITY FOR PAYMENT.— need identified by the State and the Con- (i)(2)(B)’’; and ‘‘(A) IN GENERAL.—In the case of a State sumer Task Force established under sub- (5) by inserting after subsection (c), the that the Secretary determines satisfies the section (c): following: requirements of subparagraph (B), the Sec- (1) The development and implementation ‘‘(d) INCREASED FEDERAL FINANCIAL PAR- retary shall pay the State the amounts de- of the provision of community-based attend- TICIPATION FOR EARLY COVERAGE STATES scribed in paragraph (2) in addition to any ant services and supports under section 1939 THAT MEET CERTAIN BENCHMARKS.— other payments provided for under section of the Social Security Act (as added by sec- ‘‘(1) IN GENERAL.—Subject to paragraph (2), 1903 or this section for the provision of com- tion 101(b) and amended by sections 102 and for purposes of subsection (a)(2), the amount munity-based attendant services and sup- 103) through active collaboration with— and expenditures described in this subsection ports. (A) individuals with disabilities;

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.075 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2811 (B) elderly individuals; ities or elderly individuals under the Med- based services and supports to dually eligible (C) representatives of such individuals; and icaid program under title XIX of the Social individuals. (D) providers of, and advocates for, services Security Act, or by Federal, State, or local (c) REQUIREMENTS.— and supports for such individuals. housing agencies, Independent Living Cen- (1) NUMBER OF PARTICIPANTS.—Not more (2) Substantially involving individuals ters, and other organizations controlled by than 5 States may participate in the project. with significant disabilities and representa- consumers or their representatives. (2) APPLICATION.—A State that desires to tives of such individuals in jointly devel- (c) CONSUMER TASK FORCE.— participate in the project shall submit an ap- oping, implementing, and continually im- (1) ESTABLISHMENT AND DUTIES.—To be eli- plication to the Secretary, at such time and proving a mutually acceptable comprehen- gible to receive a grant under this section, in such form and manner as the Secretary sive, effectively working statewide plan for each State shall establish a Consumer Task shall specify. preventing and alleviating unnecessary in- Force (referred to in this subsection as the (3) DURATION.—The project shall be con- stitutionalization of such individuals. ‘‘Task Force’’) to assist the State in the de- ducted for at least 5, but not more than 10 (3) Engaging in system change and other velopment, implementation, and evaluation years. activities deemed necessary to achieve any of real choice systems change initiatives. (d) EVALUATION AND REPORT.— or all of the goals of such statewide plan. (2) APPOINTMENT.—Members of the Task (1) EVALUATION.—Not later than 1 year (4) Identifying and remedying disparities Force shall be appointed by the Chief Execu- prior to the termination date of the project, and gaps in services to classes of individuals tive Officer of the State in accordance with the Secretary, in consultation with States with disabilities and elderly individuals who the requirements of paragraph (3), after the participating in the project, representatives are currently experiencing or who face sub- solicitation of recommendations from rep- of dually eligible individuals, and others, stantial risk of unnecessary institutionaliza- resentatives of organizations representing a shall evaluate the impact and effectiveness tion. broad range of individuals with disabilities, of the project. (5) Building and expanding system capacity elderly individuals, representatives of such (2) REPORT.—The Secretary shall submit a to offer quality consumer controlled commu- individuals, and organizations interested in report to Congress that contains the findings nity-based services and supports to individ- individuals with disabilities and elderly indi- of the evaluation conducted under paragraph uals with disabilities and elderly individuals, viduals. (1) along with recommendations regarding including by— (3) COMPOSITION.— whether the project should be extended or (A) seeding the development and effective (A) IN GENERAL.—The Task Force shall rep- expanded, and any other legislative or ad- use of community-based attendant services resent a broad range of individuals with dis- ministrative actions that the Secretary con- and supports cooperatives, Independent Liv- abilities from diverse backgrounds and shall siders appropriate as a result of the project. ing Centers, small businesses, micro-enter- include representatives from Developmental (e) AUTHORIZATION OF APPROPRIATIONS.— prises, micro-boards, and similar joint ven- Disabilities Councils, Mental Health Coun- There are authorized to be appropriated such tures owned and controlled by individuals cils, State Independent Living Centers and sums as are necessary to carry out this sec- with disabilities or representatives of such Councils, Commissions on Aging, organiza- tion. individuals and community-based attendant tions that provide services to individuals services and supports workers; with disabilities and consumers of long-term By Mrs. BOXER (for herself and (B) enhancing the choice and control indi- services and supports. Mrs. FEINSTEIN): viduals with disabilities and elderly individ- (B) INDIVIDUALS WITH DISABILITIES.—A ma- S. 801. A bill to designate a United uals exercise, including through their rep- jority of the members of the Task Force States courthouse located in Fresno, resentatives, with respect to the personal as- shall be individuals with disabilities or rep- California, as the ‘‘Robert E. Coyle sistance and supports they rely upon to lead resentatives of such individuals. independent, self-directed lives; United States Courthouse’’; to the (C) LIMITATION.—The Task Force shall not Committee on Environment and Public (C) enhancing the skills, earnings, benefits, include employees of any State agency pro- supply, career, and future prospects of work- viding services to individuals with disabil- Works. ers who provide community-based attendant ities other than employees of entities de- Mrs. BOXER. Mr. President, I am services and supports; scribed in the Developmental Disabilities As- pleased to re-introduce legislation to (D) engaging in a variety of needs assess- sistance and Bill of Rights Act of 2000 (42 name the Federal courthouse building ment and data gathering; U.S.C. 15001 et seq.). (E) developing strategies for modifying at Tulare and ‘‘O’’ Streets in downtown (d) ANNUAL REPORT.— policies, practices, and procedures that re- Fresno, CA the ‘‘Robert E. Coyle (1) STATES.—A State that receives a grant United States Courthouse.’’ sult in unnecessary institutional bias or the under this section shall submit an annual re- over-medicalization of long-term services It is fitting that the Federal court- port to the Secretary on the use of funds pro- and supports; vided under the grant in such form and man- house in Fresno be named for retired (F) engaging in interagency coordination ner as the Secretary may require. U.S. District Judge Robert E. Coyle, and single point of entry activities; (2) SECRETARY.—The Secretary shall sub- who is greatly respected and admired (G) providing training and technical assist- mit to Congress an annual report on the for his work as a judge and for his fore- ance with respect to the provision of commu- grants made under this section. nity-based attendant services and supports; sight and persistence that contributed (e) AUTHORIZATION OF APPROPRIATIONS.— (H) engaging in— so much to the Fresno Courthouse (1) IN GENERAL.—There is authorized to be (i) public awareness campaigns; project. Judge Coyle has been a leader appropriated to carry out this section, (ii) facility-to-community transitional ac- in the effort to build the courthouse in $50,000,000 for each of fiscal years 2008 tivities; and through 2010. Fresno for more than a decade. Indeed, (iii) demonstrations of new approaches; (2) AVAILABILITY.—Amounts appropriated he personally supervised this project. and to carry out this section shall remain avail- He was often seen with his hard hat in (I) engaging in other systems change ac- able without fiscal year limitation. hand, walking from his chambers to tivities necessary for developing, imple- menting, or evaluating a comprehensive SEC. 202. DEMONSTRATION PROJECT TO EN- the new building to meet project staff. HANCE COORDINATION OF CARE Judge Coyle, working with the Clerk statewide system of community-based at- UNDER THE MEDICARE AND MED- tendant services and supports. ICAID PROGRAMS FOR DUAL ELIGI- of the United States District Court for (6) Ensuring that the activities funded by BLE INDIVIDUALS. the Eastern District, conceived and the grant are coordinated with other efforts (a) DEFINITIONS.—In this section: founded a program called ‘‘Managing a to increase personal attendant services and (1) DUALLY ELIGIBLE INDIVIDUAL.—The term Capitol Construction Program’’ to help supports, including— ‘‘dually eligible individual’’ means an indi- others understand the process of hav- (A) programs funded under or amended by vidual who is enrolled in the Medicare and ing a courthouse built. This Eastern the Ticket to Work and Work Incentives Im- Medicaid programs established under Titles District program was so well received provement Act of 1999 (Public Law 106–170; XVIII and XIX, respectively, of the Social 113 Stat. 1860); Security Act (42 U.S.C. 1395 et seq., 1396 et by national court administrators that (B) grants funded under the Families of seq.). it is now a nationwide program run by Children With Disabilities Support Act of (2) PROJECT.—The term ‘‘project’’ means Judge Coyle. 2000 (42 U.S.C. 15091 et seq.); and the demonstration project authorized to be In addition to meeting the needs of (C) other initiatives designed to enhance conducted under this section. the court for additional space, the the delivery of community-based services (3) SECRETARY.—The term ‘‘Secretary’’ courthouse project has become a key and supports to individuals with disabilities means the Secretary of Health and Human element in the downtown revitalization and elderly individuals. Services. of Fresno. Judge Coyle’s efforts, and (7) Engaging in transition partnership ac- (b) AUTHORITY TO CONDUCT PROJECT.—The tivities with nursing facilities and inter- Secretary shall conduct a project under this those in the community with whom he mediate care facilities for the mentally re- section for the purpose of evaluating service has worked, produced a major mile- tarded that utilize and build upon items and coordination and cost-sharing approaches stone when the building was occupied services provided to individuals with disabil- with respect to the provision of community- in January of 2006.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.075 SWEST PsN: S07MRPT1 S2812 CONGRESSIONAL RECORD — SENATE March 7, 2007 Judge Coyle has had a distinguished the core of decades of conflict with This unique group of people chose to career as an attorney and on the bench. heated political and regulatory battles. work without a professional facilitator, Appointed to California’s Eastern Dis- The diverse land uses co-exist in an preferring instead to deal with dif- trict bench by President Ronald area of intense beauty and unique char- ferences face-to-face and together cre- Reagan in 1982, Judge Coyle has served acter. The conflict over land manage- ate new ideas. For me, one of the most as a judge for the Eastern District for ment is both inevitable and under- gratifying and emotional outcomes has 20 years, including 6 years as senior standable—how do we manage for this been to see this group transform itself judge. Judge Coyle earned his law de- diversity and do so in a way that pro- from polarized camps into an extraor- gree from the University of California, tects and restores the quality of that dinary force that has become known Hastings College of the Law in 1956. He fragile environment? for its intense effort, comity, trust and then worked for Fresno County as a In this context, the Owyhee County willingness to work toward a solution. Deputy District Attorney before going Commissioners and several others said They operated on a true consensus into private practice in 1958 with ‘‘enough is enough’’ and decided to basis, only making decisions when McCormick, Barstow, Sheppard, Coyle focus efforts on solving these problems there was no voiced objection to a pro- & Wayte, where he remained until his rather than wasting resources on an posal. They involved everyone who appointment by President Reagan. endless fight. In 2001, The Owyhee wanted to participate in the process Judge Coyle is very active in the County Commissioners, Hal Tolmie, and spent hundreds of hours discussing community and has served in many ju- Dick Reynolds, and Chris Salove, met their findings, modifying preliminary dicial leadership positions, including: with me and asked for my help. They proposals and ultimately reaching con- chair of the Space and Security Com- asked whether I would support them if sensus solutions. They have driven mittee; chair of the Conference of the they could put together, at one table, thousands of miles inspecting roads Chief District Judges of the Ninth Cir- the interested parties involved in the and trails, listening to and soliciting cuit; president of the Ninth Circuit future of the County to try and reach ideas from people from all walks of life District Judges Association; Member of some solutions. I told them that if they who have in common deep roots and the Board of Governors of the State could get together a broad base of in- deep interest in the Owyhee Bar of California; and president of the terests who would agree to collaborate Canyonlands. They sought to ensure Fresno County Bar. in a process committed to problem- that they had a thorough under- My hope is that, in addition to serv- solving, I would dedicate myself to standing of the issues and could take ing the people of the Eastern District working with them and if they were proper advantage of the insights and as a courthouse, this building will successful, I would introduce resulting experience of all these people. stand as a reminder to the community legislation. They agreed. Together, we While this whole process and its out- and people of California of the dedi- set out on a six-year journey on a road comes are indeed remarkable, one of cated work of Judge Robert E. Coyle. that is as challenging as any in the the more notable developments is the Owyhee Canyonlands. Sharp turns, Memorandum of Agreement between By Mr. CRAPO: steep inclines and declines, big sharp the Shoshone Paiute Tribes and the S. 802. A bill to provide for the imple- rocks, deep ruts, sand burrs, dust and a County that establishes government- mentation of the Owyhee Initiative constant headwind is exactly what to-government cooperation in several Agreement, and for other purposes; to those of us who have worked so hard on areas of mutual interest. I want to par- the Committee on Energy and Natural this have faced every day. ticularly note the efforts and support Resources. This is very difficult work and in of Mr. Terry Gibson, Chairman of the Mr. CRAPO. Mr. President, I am speaking of difficult work, I want to Shoshone Paiute Tribes, a great leader pleased to introduce the Owyhee Initia- acknowledge the effort of my friend and a personal friend. tive Implementation Act of 2007, a bill and colleague from Idaho, Representa- All of these individuals and organiza- which is the result of a five-year col- tive MIKE SIMPSON, and the challenge tions have asked that I seek Senate ap- laborative effort between all levels of he has taken on as he advocates his proval of their collaborative effort, government, multiple users of public Central Idaho Economic Development built from the ground up to chart their lands, and conservationists to resolve Act. I support his work and his legisla- path forward. decades of heated land-use conflict in tion. The Owyhee Initiative transforms the Owyhee Canyonlands in the south- The Commissioners appointed a conflict and uncertainty into conflict western part of my home State of Chairman, an extraordinary gen- resolution and assurance of future ac- Idaho. tleman, Fred Grant. They formed the tivity. Ranchers can plan for subse- This is comprehensive land manage- Work Group which included The Wil- quent generations. Off-road vehicle ment legislation that enjoys far-reach- derness Society, Idaho Conservation users have access assured. Wilderness ing support among a remarkably di- League, The Nature Conservancy, is established. The Shoshone-Paiute verse group of interests that live work Idaho Outfitters and Guides, the Tribe knows its cultural resources will and play in this special country. United States Air Force, the Sierra be protected. The Air Force will con- Owyhee County contains some of the Club, the county Soil Conservation tinue to train its pilots. Local, State most unique and beautiful canyonlands Districts, Owyhee Cattleman’s Associa- and Federal government agencies will in the world and offers large areas in tion, the Owyhee Borderlands Trust, have structure to assist their joint which all of us can enjoy the grandeur People for the Owyhees, and the Sho- management of the region. And this and experience of untouched western shone Paiute Tribes to join in their ef- will all happen within the context of trails, rivers, and open sky. It is truly forts. All accepted, and work on this the preservation of environmental and magical country, and its natural beau- bill began. As this collaborative proc- ecological health. This is indeed a rev- ty and traditional uses should be pre- ess gained momentum, the County olutionary land management struc- served for future generations. Owyhee Commissioners expanded the Work ture—and one that looks ahead to the County is traditional ranching coun- Group to include the South Idaho future. try. Seventy-three percent of its land Desert Racing Association, Idaho Riv- Principle features of the legislation base is owned by the United States, ers United and the Owyhee County include: development, funding and im- and it is located within an hour’s drive Farm Bureau. Very recently, the Com- plementation of a landscape-scale pro- of one of the fastest growing areas in missioners have further expanded the gram to review, recommend and co- the nation, Boise, ID. effort to include the Foundation for ordinate landscape conservation and This combination of attributes, in- North American Wild Sheep and the research projects; scientific review cluding location, is having an explosive Idaho Backcountry Horsemen. process to assist the Bureau of Land effect on property values, community The Commissioners also requested Management; designation of Wilder- expansion and development and ever- that the Idaho State Department of ness and Wild and Scenic Rivers; re- increasing demands on public land. Lands and the Bureau of Land Manage- lease of Wilderness Study Areas; pro- Given this confluence of circumstances ment to serve and those agencies have tections of tribal cultural and histor- and events, Owyhee County has been at provided important support. ical resources against intentional and

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.067 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2813 unintentional abuse and desecration; Frank Bachman representing the Soil (3) since the 1860s, ranching has been an development and implementation by Conservation Districts in Owyhee important part of the heritage, culture, and the BLM of travel plans for public County, Marcia Argust with the Cam- economy of the Region; (4) the Region has tremendous opportuni- lands; and a board of directors with paign for America’s Wilderness, Grant ties for outdoor recreation; oversight over the administration and Simmons of the Idaho Outfitters and (5) there has been longstanding conflict implementation of the Owyhee Initia- Guides Association, Bill Sedivy with over management of the public land in the tive. Idaho Rivers United, Tim Lowry of the Region; This can’t be called ranching bill, or Owyhee County Farm Bureau, Bill (6) in 2001, the Owyhee County Board of a wilderness bill, or an Air Force bill, Walsh representing Southern Idaho Commissioners and the Tribes brought to- or a Tribal bill. It is a comprehensive Desert Racing Association, Lou Lunte gether a diverse group of interests, with the land management bill. Each interest and Will Whelan of the Nature Conser- intent that the Tribes and the County, through government-to-government coordi- got enough to enthusiastically support vancy for all of their hard work and nation, could mutually launch a process for the final product, advocate for its en- dedication. I’d also like to thank the achieving resolution of land use conflicts, actment, and, most importantly, sup- Idaho Back Country Horseman, the protection of the landscape resource, protec- port the objectives of those with whom Foundation for North American Wild tion of cultural resources, and economic sta- they had previous conflict. Sheep, Roger Singer of the Sierra Club, bility; and Opposition will come from a few prin- the South Board of Control and the (7) as a result of the process described in cipal sources: those who simply don’t Owyhee Project managers, and all the paragraph (6), the Owyhee Initiative Agree- want to have wilderness designated; ment, an agreement between a coalition of other water rights holders who support representatives of landowners, ranchers, en- those who don’t want livestock any- me today. This process truly benefited vironmental organizations, County govern- where on public land; and, those who from the diversity of these groups and ment, and recreation groups appointed in the do not want to see collaboration suc- their willingness to cooperate to reach County by the Board of County Commis- ceed. While I respect that opposition, I a common goal of protecting the land sioners, was formed to develop a natural re- prefer to move forward in an effort on which they live, work, and play. sources project that promotes ecological and that manages conflict and land, rather The Owyhee Canyonlands and its in- economic health within the County. than exploit disagreements. (b) PURPOSE.—The purpose of this Act is to habitants are truly a treasure of Idaho provide for the implementation of the The status quo is unacceptable. The and the United States; I hope you will Owyhee Initiative Agreement to— Owyhee Canyonlands and its inhab- join me in ensuring their future. (1) preserve the natural processes that cre- itants, including its people, deserve to I ask unanimous consent that the ate and maintain a functioning, have a process of conflict management text of the bill be printed in the unfragmented landscape that supports and and a path to sustainability. The need RECORD. sustains a flourishing community of human, plant, and animal life; for this path forward is particularly S. 802 acute given that this area is an hour’s (2) provide for economic stability by pre- Be it enacted by the Senate and House of Rep- serving livestock grazing as an economically drive from one of the Nation’s most resentatives of the United States of America in viable use; and rapidly-growing communities. The Congress assembled, (3) provide for the protection of cultural Owyhee Initiative protects water SECTION 1. SHORT TITLE; TABLE OF CONTENTS. resources. rights, releases wilderness study areas (a) SHORT TITLE.—This Act may be cited as SEC. 3. DEFINITIONS. and protects traditional uses. the ‘‘Owyhee Initiative Implementation Act In this Act: I commend the commitment and of 2007’’. (1) BOARD.—The term ‘‘Board’’ means the leadership of all involved. We have es- (b) TABLE OF CONTENTS.—The table of con- Board of Directors of the Owyhee Initiative tablished a longterm, comprehensive tents for this Act is as follows: Project. management approach. It’s been an Sec. 1. Short title; table of contents. (2) BUREAU.—The term ‘‘Bureau’’ means the Bureau of Land Management. honor for me to work with so many Sec. 2. Findings; purpose. Sec. 3. Definitions. (3) COUNTY.—The term ‘‘County’’ means fine people and I will do everything in Sec. 4. General provisions. Owyhee County, Idaho. my power to turn this into law. TITLE I—OWYHEE INITIATIVE (4) ORDINARY HIGH WATER MARK.—The term The Owyhee Initiative sets a stand- AGREEMENT ‘‘ordinary high water mark’’ shall have such ard for managing and resolving dif- meaning as is given the term by the legisla- Sec. 101. Implementation. ture of the State. ficult land management issues in our Sec. 102. Science review program. (5) OWYHEE FRONT.—The term ‘‘Owyhee country. After all, what better place to Sec. 103. Conservation and research center Front’’ means that area of the County from forge an historical change in our ap- program. Jump Creek on the west to Mud Flat Road Sec. 104. Authorization of appropriations. proach to public land management, on the east and draining north from the crest than in this magnificent land that TITLE II—WILDERNESS AND WILD AND of the Silver City Range to the Snake River. symbolizes livelihood, heritage, diver- SCENIC RIVERS (6) OWYHEE INITIATIVE AGREEMENT.—The sity, opportunity and renewal? Sec. 201. Wilderness designation. term ‘‘Owyhee Initiative Agreement’’ means And with that, I would like to recog- Sec. 202. Designation of wild and scenic riv- the agreement that provides for the imple- nize and thank the people who have ers. mentation of a project for the promotion of been the real driving force behind this Sec. 203. Administration of wilderness and ecological and economic health within the process: Fred Grant, Chairman of the wild and scenic rivers. County entered into by a coalition of rep- Sec. 204. Land exchanges and acquisitions Owyhee Initiative Work Group, his as- resentatives of landowners, ranchers, envi- and grazing preferences. ronmental organizations, County govern- sistant Staci Grant, and Dr. Ted Hoff- Sec. 205. Authorization of appropriations. ment, and recreation groups appointed in the man, Sheriff Gary Aman, the Owyhee TITLE III—TRANSPORTATION AND County by the Board of County Commis- County Commissioners: Hal Tolmie, RECREATION MANAGEMENT sioners, entitled ‘‘Owyhee Initiative Agree- Chris Salova, & Dick Reynolds and Sec. 301. Transportation plans. ment’’, as amended on May 10, 2006. Chairman Terry Gibson of the Sho- Sec. 302. Authority. (7) PLAN.—The term ‘‘Plan’’ means the shone Paiute Tribes. I am grateful to Sec. 303. Cooperative agreements. Shoshone Paiute Tribal Cultural Resource Governor Jim Risch of the Great State Sec. 304. Authorization of appropriations. Protection Plan approved by the Tribes. (8) SECRETARY.—The term ‘‘Secretary’’ of Idaho for all of his support. Thanks TITLE IV—CULTURAL RESOURCES means the Secretary of the Interior. to: Colonel Rock of the United States Sec. 401. Findings. (9) STATE.—The term ‘‘State’’ means the Air Force at Mountain Home Air Force Sec. 402. Implementation. State of Idaho. Base, Craig Gherke and John McCarthy Sec. 403. Authorization of appropriations. (10) TRIBES.—The term ‘‘Tribes’’ means the of The Wilderness Society, Rick John- SEC. 2. FINDINGS; PURPOSE. Shoshone-Paiute Tribes of the Duck Valley son & John Robison of the Idaho Con- (a) FINDINGS.—Congress finds that— Indian Reservation. servation League, Inez Jaca rep- (1) the Owyhee-Bruneau Canyonlands Re- SEC. 4. GENERAL PROVISIONS. resenting Owyhee County, Dr. Chad gion is one of the most spectacular high (a) NO PRECEDENCE.—Nothing in this Act deserts in the United States, unique in geol- Gibson representing the Owyhee establishes a precedent with regard to any ogy and rich in history; future legislation. Cattleman’s Association, Brenda Rich- (2) the Shoshone Paiute Indian tribes have (b) NATIVE AMERICAN RECOGNITION AND ards representing private property put forth claims to aboriginal rights in the USES.—Nothing in this Act diminishes or owners in Owyhee County, Cindy & Region; otherwise affects—

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.070 SWEST PsN: S07MRPT1 S2814 CONGRESSIONAL RECORD — SENATE March 7, 2007 (1) the trust responsibility of the United generally depicted on the map entitled ‘‘Pole the upstream boundary of the Owyhee River States to Indian tribes and Indian individ- Creek Wilderness’’ and dated September 1, Wilderness, to be administered by the Sec- uals; 2006, which shall be known as the ‘‘Pole retary of the Interior as a wild river. (2) the government-to-government rela- Creek Wilderness’’. ‘‘(171) BIG JACKS CREEK, IDAHO.—The 35.0 tionship between the United States and fed- (b) RELEASE OF WILDERNESS STUDY miles of Big Jacks Creek in the State of erally recognized Indian tribes; AREAS.— Idaho from the downstream border of the Big (3) the rights of any Indian tribe, including (1) FINDING.—Congress finds that, for the Jacks Creek Wilderness in sec. 8, T. 8 S., R. rights of access to Federal land for tribal ac- purposes of section 603 of the Federal Land 4 E., to the point at which it enters the NW1⁄4 tivities, including spiritual, cultural, and Policy and Management Act of 1976 (43 of sec. 26, T. 10 S., R. 2 E., Boise Meridian, traditional food-gathering activities; or U.S.C. 1782), the public land in the County Idaho, to be administered by the Secretary (4) the sovereignty of any Indian tribe. administered by the Bureau in the following of the Interior as a wild river. TITLE I—OWYHEE INITIATIVE areas has been adequately studied for wilder- ‘‘(172) BRUNEAU RIVER, IDAHO.— ness designation: AGREEMENT ‘‘(A) IN GENERAL.—Except as provided in (A) The Sheep Creek East Wilderness subparagraph (B), the 39.3-mile segment of SEC. 101. IMPLEMENTATION. Study Area. the Bruneau River from the downstream (a) IN GENERAL.—The Secretary shall co- (B) The Sheep Creek West Wilderness boundary of the Bruneau-Jarbidge Wilder- ordinate with the Board and the County in Study Area. ness to the upstream confluence with the implementing this Act in accordance with (C) The Squaw Creek Canyon Wilderness west fork of the Bruneau River and the applicable laws and regulations. Study Area. Jarbidge River, to be administered by the (b) EFFECT ON PUBLIC PARTICIPATION.— (D) The West Fork Red Canyon Wilderness Nothing in this Act diminishes or otherwise Secretary of the Interior as a wild river. Study Area. affects any applicable law or regulation re- ‘‘(B) EXCEPTION.—Notwithstanding sub- (E) The Upper Deep Creek Wilderness lating to public participation. paragraph (A), the .6-mile segment of the Study Area. Bruneau River at the Indian Hot Springs SEC. 102. SCIENCE REVIEW PROGRAM. (F) The Big Willow Springs Wilderness public road access shall be administered by (a) IN GENERAL.—The Secretary shall co- Study Area. the Secretary of the Interior as a rec- ordinate with the Board in the conduct of (G) The Middle Fork Owyhee River Wilder- reational river. the science review process as described in the ness Study Area. ‘‘(173) WEST FORK OF THE BRUNEAU RIVER, Owyhee Initiative Agreement. IDAHO.—The 6.2 miles of the West Fork of the (b) MANAGEMENT ACTIONS.—Notwith- (H) Any portion of the wilderness study standing the review process under this sec- areas— Bruneau River in the State of Idaho from the tion, the Secretary shall proceed with man- (i) not designated as wilderness by sub- confluence with the Jarbidge River to the agement actions in a timely manner in ac- section (a); and upstream Bruneau-Jarbidge Rivers Wilder- cordance with applicable laws (including reg- (ii) designated for release on the map dated ness border, to be administered by the Sec- ulations). September 1, 2006. retary of the Interior as a wild river. ‘‘(174) CAMAS CREEK, IDAHO.—The 3.0 miles SEC. 103. CONSERVATION AND RESEARCH CEN- (2) RELEASE.—Any public land described in TER PROGRAM. paragraph (1) that is not designated as wil- of Camas Creek in the State of Idaho from The Secretary shall coordinate with the derness by this subsection— the confluence with Pole Creek to the east Board with respect to the conservation and (A) is no longer subject to section 603(c) of boundary of sec. 26, T. 10 S., R. 2 W., Boise research center program, as described in the the Federal Land Policy and Management Meridian, Idaho, to be administered by the Owyhee Initiative Agreement. Act of 1976 (43 U.S.C. 1782(c)); and Secretary of the Interior as a scenic river. ‘‘(175) COTTONWOOD CREEK, IDAHO.—The 2.6 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. (B) shall be managed in accordance with miles of Cottonwood Creek in the State of There is authorized to be appropriated to land management plans adopted under sec- Idaho from the confluence with Big Jacks the Secretary to carry out this title tion 202 of that Act (43 U.S.C. 1712). Creek to the upstream boundary of the Big $20,000,000. (c) MAPS AND LEGAL DESCRIPTIONS.— (1) IN GENERAL.—As soon as practicable Jacks Creek Wilderness, to be administered TITLE II—WILDERNESS AND WILD AND after the date of enactment of this Act, the by the Secretary of the Interior as a wild SCENIC RIVERS Secretary shall submit to the Committee on river. SEC. 201. WILDERNESS DESIGNATION. Energy and Natural Resources of the Senate ‘‘(176) DEEP CREEK, IDAHO.—The following (a) IN GENERAL.—In furtherance of the pur- and the Committee on Resources of the segments of Deep Creek in the State of poses of the Wilderness Act (16 U.S.C. 1131 et House of Representatives a map and legal de- Idaho, to be administered by the Secretary seq.), the following land in the State is des- scription for each area designated as wilder- of the Interior: ignated as wilderness and as components of ness by this Act. ‘‘(A) The 13.1-mile segment of Deep Creek the National Wilderness Preservation Sys- (2) EFFECT.—Each map and legal descrip- from the confluence with the Owyhee River tem: tion submitted under paragraph (1) shall to the upstream boundary of the Owyhee (1) BIG JACKS CREEK WILDERNESS.—Certain have the same force and effect as if included River Wilderness in sec. 30, T. 12 S., R. 2 W., land comprising approximately 51,624 acres, in this Act, except that the Secretary may Boise Meridian, Idaho, as a wild river. as generally depicted on the map entitled correct any minor errors in such a map or ‘‘(B) The 26.4-mile segment of Deep Creek ‘‘Big Jacks Creek Wilderness’’ and dated legal description. from the boundary of Owyhee River Wilder- September 1, 2006, which shall be known as (3) AVAILABILITY OF MAPS.—The maps sub- ness in sec. 30, T. 12 S., R. 2 W., Boise Merid- the ‘‘Big Jacks Creek Wilderness’’. mitted under paragraph (1) shall be available ian, Idaho, to the upstream crossing of Mud (2) BRUNEAU-JARBIDGE RIVERS WILDER- for public inspection in— Flat Road, as a scenic river. NESS.—Certain land comprising approxi- (A) the offices of the Idaho State Director ‘‘(177) DICKSHOOTER CREEK, IDAHO.—The 11.0 mately 91,328 acres, as generally depicted on of the Bureau; and miles of Dickshooter Creek in the State of the map entitled ‘‘Bruneau-Jarbidge Rivers (B) the offices of the Boise and Twin Falls Idaho from the confluence with Deep Creek Wilderness’’ and dated September 1, 2006, Districts of the Bureau. to the upstream boundary of the Owyhee which shall be known as the ‘‘Bruneau- River Wilderness, to be administered by the SEC. 202. DESIGNATION OF WILD AND SCENIC Jarbidge Rivers Wilderness’’. RIVERS. Secretary of the Interior as a wild river. (3) LITTLE JACKS CREEK WILDERNESS.—Cer- (a) STATEMENT OF INTENT.—The intent of ‘‘(178) DUNCAN CREEK, IDAHO.—The fol- tain land comprising approximately 49,647 wild, scenic, and recreational river designa- lowing segments of Duncan Creek in the acres, as generally depicted on the map enti- tions under this subsection is to resolve the State of Idaho, to be administered by the tled ‘‘Little Jacks Creek Wilderness’’ and wild, scenic, and recreational river status of Secretary of the Interior: dated September 1, 2006, which shall be the segments within the County, as depicted ‘‘(A) The 5.2-mile segment of Duncan Creek known as the ‘‘Little Jacks Creek Wilder- on the maps submitted under section 201(c). from the eastern boundary of sec. 18, T. 10 S., ness’’. (b) DESIGNATION.—Section 3(a) of the Wild R. 4 E., Boise Meridian, Idaho, upstream to (4) NORTH FORK OWYHEE WILDERNESS.—Cer- and Scenic Rivers Act (16 U.S.C. 1274(a)) is the NW1⁄4 of sec. 1, T. 11 S., R. 3 E., Boise Me- tain land comprising approximately 43,113 amended— ridian, Idaho, as a scenic river. acres, as generally depicted on the map enti- (1) by redesignating paragraph (167) (relat- ‘‘(B) The 0.9-mile segment of Duncan Creek tled ‘‘North Fork Owyhee Wilderness’’ and ing to the Musconetcong River, New Jersey) from the confluence with Big Jacks Creek dated September 1, 2006, which shall be as paragraph (169); upstream to the beginning of the Duncan known as the ‘‘North Fork Owyhee Wilder- (2) by designating the undesignated para- Creek Scenic River segment, as a wild river. ness’’. graph relating to the White Salmon River, ‘‘(179) JARBIDGE RIVER, IDAHO.—The 28.8 (5) OWYHEE RIVER WILDERNESS.—Certain Washington, as paragraph (167); miles of the Jarbidge River in the State of land comprising approximately 269,016 acres, (3) by designating the undesignated para- Idaho from the confluence with the West as generally depicted on the map entitled graph relating to the Black Butte River, Fork Bruneau River to the upstream bound- ‘‘Owyhee River Wilderness’’ and dated Sep- California, as paragraph (168); and ary of the Bruneau-Jarbidge Rivers Wilder- tember 1, 2006, which shall be known as the (4) by adding at the end the following: ness, to be administered by the Secretary of ‘‘Owyhee River Wilderness’’. ‘‘(170) BATTLE CREEK, IDAHO.—The 23.4 the Interior as a wild river. (6) POLE CREEK WILDERNESS.—Certain land miles of Battle Creek in the State of Idaho ‘‘(180) LITTLE JACKS CREEK, IDAHO.—The 13.2 comprising approximately 12,468 acres, as from the confluence of the Owyhee River to miles of Little Jacks Creek in the State of

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.076 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2815

Idaho from the downstream boundary of the (c) EXTENT OF BOUNDARIES.—Notwith- 1133(d)(6)) and subject to any regulations Little Jacks Creek Wilderness, upstream to standing section 3(b) of the Wild and Scenic that the Secretary determines to be nec- the NW1⁄4 of sec. 27, T. 9 S., R. 2 E., Boise Me- Rivers Act (16 U.S.C. 1274(b)), the boundaries essary, the Secretary shall permit the con- ridian, Idaho, to be administered by the Sec- of the wild and scenic river corridor for a tinuation of outfitting and guiding activities retary of the Interior as a wild river. river designated as a wild and scenic river by in any wilderness designated by section 201. ‘‘(181) LITTLE OWYHEE, IDAHO.—The 11.0 any of paragraphs (170) through (189) of sec- (2) Effect of designation.—Designation of miles of the Little Owyhee in the State of tion 3(a) of that Act (16 U.S.C. 1274(a)) (as an area as wilderness areas under section 201 Idaho from the confluence with the South added by subsection (b)) shall be the ordi- shall not require the Secretary to limit the Fork of the Owyhee River to the upstream nary high water mark. conduct of outfitting activities or the use of boundary of the Owyhee River Wilderness, to (d) MAPS AND LEGAL DESCRIPTIONS.— the system of reserved camps and allocated be administered by the Secretary of the Inte- (1) IN GENERAL.—As soon as practicable river launches designated for use by mem- rior as a wild river. after the date of enactment of this Act, the bers of the public that use outfitter services ‘‘(182) NORTH FORK OF THE OWYHEE RIVER, Secretary shall submit to the Committee on that are in existence before the date of en- IDAHO.—The following segments of the North Energy and Natural Resources of the Senate actment of this Act. Fork of the Owyhee River in the State of and the Committee on Resources of the (f) ACCESS TO NON-FEDERAL LAND.—Noth- Idaho, to be administered by the Secretary House of Representatives the map and legal ing in this Act denies an owner of non-Fed- of the Interior: description of each segment of a river des- eral land the right to access the land. ‘‘(A) The 5.7-mile segment of the North ignated as a wild and scenic river under this (g) ROADS ADJACENT TO WILDERNESS.—With Fork of the Owyhee River from the Idaho-Or- section or an amendment made by this sec- respect to any road adjacent to a wilderness egon State border to the Wild River segment tion. designated by section 201 (as depicted on the of the North Fork of the Owyhee River, as a (2) EFFECT.—Each map and legal descrip- applicable map), the boundary of the wilder- recreational river. tion submitted under paragraph (1) shall ness shall be— ‘‘(B) The 15.1-mile segment of the North have the same force and effect as if included (1) 100 feet from the center line for a pri- Fork of the Owyhee River from the western/ in this Act, except that the Secretary may mary road; downstream boundary of the North Fork correct any minor errors in the maps and (2) 50 feet from the center line for a primi- Owyhee River Wilderness to the northern/up- legal descriptions. tive wilderness boundary road; and stream boundary of the North Fork Owyhee (3) AVAILABILITY OF MAPS.—The maps sub- (3) 30 feet on either side of the center line River Wilderness, as a wild river. mitted under paragraph (1) shall be available for an interior wilderness division or ‘‘(183) OX PRONG, IDAHO.—The 1.3 miles of for public inspection in— cherrystem road. the Ox Prong in the State of Idaho from the (A) the offices of the Idaho State Director (h) WILDLIFE MANAGEMENT.— confluence with Little Jacks Creek to the of the Bureau; and (1) IN GENERAL.—In accordance with sec- upstream boundary of the Little Jacks Creek (B) the offices of the Boise and Twin Falls tion 4(d)(7) of the Wilderness Act (16 U.S.C. Wilderness, to be administered by the Sec- districts of the Bureau. 1133(d)(7)), nothing in this title affects or di- retary of the Interior as a wild river. (e) WATER RIGHTS.—Water Rights relating minishes the jurisdiction of the State with ‘‘(184) OWYHEE RIVER, IDAHO.—The 67.3 to a segment of a river designated as a wild respect to fish and wildlife management, in- miles of the Owyhee River in the State of and scenic river under any of paragraphs cluding the regulation of hunting, fishing, Idaho from the Idaho-Oregon State border to (170) through (189) of section 3(a) of the Wild and trapping in any wilderness designated by the upstream boundary of the Owyhee River and Scenic Rivers Act (16 U.S.C. 1274(a)) (as section 201. Wilderness, to be administered by the Sec- added by subsection (b)) shall be reserved in (2) MANAGEMENT ACTIVITIES.— retary of the Interior as a wild river, subject accordance with— (A) IN GENERAL.—In furtherance of the pur- to the conditions that— (1) the provisions of that Act (16 U.S.C. 1271 poses and principles of the Wilderness Act (16 ‘‘(A) motorized access shall be permitted at et seq.); U.S.C. 1131 et seq.), management activities Crutchers Crossing; and (2) the laws and regulations of the State; to maintain or restore fish and wildlife popu- ‘‘(B) any crossing shall remain and lations and the habitats necessary to support unconstructed. (3) the Owyhee Initiative Agreement. such populations may be carried out in any ‘‘(185) POLE CREEK, IDAHO.—The 14.3 miles SEC. 203. ADMINISTRATION OF WILDERNESS AND wilderness designated by section 201, if the of Pole Creek in the State of Idaho from the WILD AND SCENIC RIVERS. management activities are— confluence with Deep Creek upstream to the (a) MANAGEMENT.—Subject to valid exist- (i) consistent with relevant wilderness south boundary of sec. 16, T. 10 S., R. 2 W., ing rights, each area designated as wilder- management plans; and Boise Meridian, Idaho, to be administered by ness by section 201 shall be administered by (ii) conducted in accordance with appro- the Secretary of the Interior as a scenic the Secretary in accordance with the Wilder- priate policies, such as the policies estab- river. ness Act (16 U.S.C. 1131 et seq.), except that— lished in Appendix B of House Report 101–405. ‘‘(186) RED CANYON, IDAHO.—The 4.6 miles of (1) any reference in that Act to the effec- (B) INCLUSIONS.—Management activities Red Canyon in the State of Idaho from the tive date shall be considered to be a ref- under subparagraph (A) may include the oc- confluence of the Owyhee River to the up- erence to the date of enactment of this Act; casional and temporary use of motorized ve- stream boundary of the Owyhee River Wil- and hicles, if the use, as determined by the Sec- derness, to be administered by the Secretary (2) any reference in that Act to the Sec- retary, would promote healthy, viable, and of the Interior as a wild river. retary of Agriculture shall be considered to more naturally distributed wildlife popu- ‘‘(187) SHEEP CREEK, IDAHO.—The 25.6 miles be a reference to the Secretary of the Inte- lations that would enhance wilderness values of Sheep Creek in the State of Idaho from rior with respect to land administered by the while causing the minimum impact nec- the confluence with the Bruneau River to Secretary of the Interior. essary to accomplish the promotion of such the upstream boundary of the Bruneau- (b) INVENTORY.—In accordance with the outcomes. Jarbidge Rivers Wilderness, to be adminis- Owyhee Initiative Agreement, not later than (3) EXISTING ACTIVITIES.—Consistent with tered by the Secretary of the Interior as a 1 year after the date on which a wilderness is section 4(d)(1) of the Wilderness Act (16 wild river. designated under section 201, the Bureau U.S.C. 1133(d)(1)) and in accordance with ap- ‘‘(188) SOUTH FORK OF THE OWYHEE RIVER, shall conduct an inventory of wilderness propriate policies, such as those established IDAHO.— grazing management facilities and activities in Appendix B of House Report 101–405, the ‘‘(A) IN GENERAL.—Except as provided in in the wilderness. State may continue to use aircraft (includ- subparagraph (B), the 31.4-mile segment of (c) LIVESTOCK.—In the wilderness areas ing helicopters) in the wilderness areas des- the South Fork of the Owyhee River from designated by section 201 that are adminis- ignated by section 201 to survey, capture, the confluence with the Owyhee River to the tered by the Bureau, the grazing of livestock transplant, monitor, and provide water for upstream boundary of the Owyhee River Wil- in areas in which grazing is established as of wildlife populations, including bighorn sheep derness at the Idaho-Nevada State border the date of enactment of this Act shall be al- and feral stock, horses, and burros. shall be administered by the Secretary of the lowed to continue, subject to such reason- (i) WILDFIRE MANAGEMENT.—Consistent Interior as a wild river. able regulations, policies, and practices as with section 4 of the Wilderness Act (16 ‘‘(B) EXCEPTION.—Notwithstanding sub- the Secretary considers necessary, con- U.S.C. 1133), nothing in this title precludes a paragraph (A), the 1.2-mile segment of the sistent with section 4(d)(4) of the Wilderness Federal, State, or local agency from con- South Fork of the Owyhee River across the Act (16 U.S.C. 1133(d)(4)) and the guidelines ducting wildfire management operations (in- private lands in secs. 25 and 36, T. 14 S., R. 5 described in Appendix A of House Report 101– cluding operations using aircraft or mecha- W., Boise Meridian, Idaho, shall be adminis- 405. nized equipment) to manage wildfires in any tered by the Secretary of the Interior as a (d) RECREATIONAL SADDLE AND PACK wilderness designated by section 201. recreational river. STOCK.—Nothing in this Act precludes horse- (j) INCORPORATION OF ACQUIRED LAND AND ‘‘(189) WICKAHONEY, IDAHO.—The 1.5 miles of back riding or the use of recreational saddle INTERESTS.—Any land or interest within the Wickahoney Creek in the State of Idaho or pack stock in any wilderness designated perimeter of, or adjacent to, an area des- from the confluence of Big Jacks Creek to by section 201. ignated as a wilderness by section 201 or any the upstream boundary of the Big Jacks (e) OUTFITTING AND GUIDING ACTIVITIES.— land or interest described in section 204 that Creek Wilderness, to be administered by the (1) In general.—Consistent with section is acquired by the United States after the Secretary of the Interior as a wild river.’’. 4(d)(6) of the Wilderness Act (16 U.S.C. date of enactment of this Act shall be added

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.076 SWEST PsN: S07MRPT1 S2816 CONGRESSIONAL RECORD — SENATE March 7, 2007 to and administered as part of the wilderness (iv) in the case of an exchange, a descrip- (ii) conform with title approval standards within which the acquired land or interest is tion of the Federal land sought for the ex- applicable to Federal land acquisitions. located. change. (B) VALID EXISTING RIGHTS.—Conveyances (k) ADJACENT MANAGEMENT.— (B) CONVEYANCE BY SALE.— under this subsection shall be subject to (1) IN GENERAL.—The designation of a wil- (i) IN GENERAL.—Subject to the availability valid existing rights of record. derness by section 201 shall not create any of funds, the Secretary shall acquire any (5) EFFECT OF SUBSECTION.—Nothing in this protective perimeters or buffer zones around land or interests offered for purchase under subsection— the wilderness. subparagraph (A) as soon as practicable after (A) creates any compensable property right (2) NONWILDERNESS ACTIVITIES.—The fact the date of enactment of this Act. or title with respect to grazing preferences; that nonwilderness activities or uses can be (ii) ELECTION TO RECEIVE CASH.—If an owner or seen or heard from areas within a wilderness makes an election under subparagraph (B) affects any public access route on Fed- or wild and scenic river designated under (C)(iii)(II), the Secretary shall acquire by eral land exchanged under this subsection. this section shall not preclude the conduct of sale the land or interest of the owner as soon (b) GRAZING PREFERENCES.— those activities or uses outside the boundary as practicable after the date on which the (1) IN GENERAL.—A holder of a valid grazing of the wilderness or wild and scenic river. Secretary receives a notice of the election of preference with respect to all or a portion of (l) MILITARY OVERFLIGHTS.—Nothing in the owner. any Federal land designated by this Act as a this section restricts or precludes— wilderness may voluntarily offer to the Sec- (1) low-level overflights and operations of (C) CONVEYANCE BY DIRECT EXCHANGE.— (i) IN GENERAL.—On the election of an retary for sale or donation all or any portion military aircraft, helicopters, missiles, or of the grazing preference. unmanned aerial vehicles over the areas des- owner that has submitted an appropriate no- (2) NOTICE.—To offer a grazing preference ignated as a wilderness by section 201, in- tice under subparagraph (A)(i), the Secretary may acquire land or property interests iden- for sale or donation under paragraph (1), the cluding military overflights that can be seen holder of the grazing preference shall submit or heard within the wilderness or wild and tified as eligible for exchange in the docu- ment entitled ‘‘Land Exchanges and Acquisi- to the Secretary a written notice of the in- scenic river areas; tent of the holder, including— (2) flight testing and evaluation; tions’’ and dated September 1, 2006, in ex- change for Federal land that is— (A) a description of the Federal land to (3) the designation or creation of new units which the grazing preference applies; and of special use airspace, the expansion of (I) of equal value to the land or property interests, as determined by appraisals of the (B) the date on which the holder will relin- units of special use airspace in existence on quish use of the grazing preference, which the date of enactment of this Act, or the use applicable Federal land, with or without de- velopment rights; shall be not later than 1 year after the date or establishment of military flight training on which the notice is submitted. routes over the wilderness or wild and scenic (II) located in the County; and (3) CONSIDERATION.—The Secretary shall river areas; or (III) described in the document referred to in subparagraph (A). provide to a holder that offers a grazing pref- (4) emergency access and response. erence for sale under paragraph (1) consider- (m) WATER RIGHTS.—In accordance with (ii) ACTION BY SECRETARY.—Not later than ation in accordance with the schedule of pay- section 4(d)(6) of the Wilderness Act (16 60 days after the date on which the apprais- ments described in the document described U.S.C. 1133(d)(6)), nothing in this Act pro- als of applicable land are completed, the Sec- in subsection (a)(3)(A). vides an express or implied claim or denial of retary shall offer to enter into an exchange the Federal Government with respect to any under this subparagraph with each appro- (4) CANCELLATION AND RETIREMENT OF LIVE- exemption from water laws of the State. priate owner of land or a property interest STOCK GRAZING.—Beginning on the date iden- tified under paragraph (2)(B)— SEC. 204. LAND EXCHANGES AND ACQUISITIONS offered for exchange under subparagraph (A). AND GRAZING PREFERENCES. (iii) DECISIONS BY OWNERS.—Not later than (A) the applicable grazing preference shall (a) EXCHANGES AND ACQUISITIONS.— 60 days after the date on which the apprais- be canceled; and (1) FINDINGS.—Congress finds that— als of applicable land are completed, an (B) the associated livestock grazing shall (A) the consolidation of land ownership owner of land or a property interest subject be permanently retired. would facilitate sound and efficient manage- to an exchange under this subparagraph may (5) FENCING.—The Secretary shall install ment for public and private land and serve elect— and maintain any fencing and other struc- important public objectives, including— (I) to waive any applicable development tures required to prevent grazing use of any (i) the enhancement of public access, aes- right relating to the Federal land to be ex- Federal land on which a grazing preference thetics, and recreational opportunities with- changed, subject to the adjustment of the ex- has been voluntarily sold or donated under in and adjacent to designated wilderness and change to achieve like values; this subsection. wild and scenic river areas; and (II) to receive cash in lieu of Federal land SEC. 205. AUTHORIZATION OF APPROPRIATIONS. (ii) the protection and enhancement of for all or any portion of the land or property There are authorized to be appropriated to wildlife habitat, including sensitive species; interest to be exchanged; or the Bureau such sums as are necessary to (B) time is of the essence in completing ap- (III) to withdraw from participation in any carry out this title. propriate land exchanges because further exchange program. TITLE III—TRANSPORTATION AND delays may force landowners to construct (iv) APPLICABILITY OF OTHER LAW.—Except RECREATION MANAGEMENT roads in, develop, or sell private land as otherwise provided in this section, each SEC. 301. TRANSPORTATION PLANS. inholdings, and diminish the public values exchange of Federal land under this section (a) IN GENERAL.—The Bureau shall develop for which the private land is to be acquired; shall be subject to laws (including regula- and implement transportation plans for land and tions) applicable to the conveyance and ac- managed by the Bureau outside of wilderness (C) it is in the public interest to complete quisition of land under the jurisdiction of areas in the County. the land exchanges at the earliest prac- the Bureau of Land Management. (b) CONSULTATION AND COORDINATION.—The ticable date so that the land acquired by the (D) FACILITATED LAND EXCHANGES.— transportation plans and cooperative agree- United States can be preserved for protec- (i) IN GENERAL.—Not later than 30 days ments shall be developed in consultation and tion of wilderness character, wildlife habi- after the date of enactment of this Act, the coordination with appropriate Federal Gov- tat, and permanent public use and enjoy- Secretary shall offer to enter into a facili- ernment entities, tribal government entities, ment. tated land exchange in accordance with sub- and State and local government entities con- (2) AUTHORIZATION.—The Secretary may ac- paragraph (A) and conducted through a land sistent with— quire, by purchase or other exchange, any exchange facilitator to be designated by the (1) the Federal Land Policy and Manage- land or interest offered by an owner under Board. ment Act of 1976 (43 U.S.C. 1701 et seq.); paragraph (3), subject to the conditions de- (ii) EXCHANGE OFFER.— (2) the National Environmental Policy Act scribed in paragraph (4). (I) IN GENERAL.—Not later than 60 days of 1969 (42 U.S.C. 4321 et seq.); and (3) OFFERS TO CONVEY.— after the date on which the appraisals of ap- (3) any other applicable laws. (A) IN GENERAL.—An owner of land or an plicable land are completed, the land ex- (c) INCLUSIONS.—The Bureau shall ensure interest identified under the document enti- change facilitator shall submit to the Sec- that all areas of the County managed by the tled ‘‘Land Exchanges and Acquisitions’’ and retary an offer to exchange private land for Bureau, including areas that are remote and dated September 1, 2006, may offer to convey Federal land in the County. rarely used for motorized recreation, are in- the land or interest to the Secretary by pur- (II) REQUIREMENT.—An offer to exchange cluded and in transportation plans developed chase or exchange if the owner has sub- under subclause (I) shall demonstrate that under subsection (a) to— mitted to the Secretary, on or before the the appraised value of the private land is (1) provide for management of anticipated date of enactment of this Act— equal or approximately equal to the ap- growth in recreational use of the land; and (i) a written notice of the intent to ex- praised value, with or without development (2) develop a system to provide a wide change or sell the land or interest; rights, of the Federal land offered for ex- range of recreational opportunities and expe- (ii) an identification of each parcel of land change. riences for all users. and each interest to be exchanged or sold; (4) CONDITIONS.— (d) LIMITATION.—Transportation plans (iii) a description of the value of each par- (A) TITLE.—Title to any private land con- under subsection (a) shall not affect the sta- cel of land and each interest as described in veyed under this subsection shall— tus of any road adjacent to any wilderness that document; and (i) be acceptable to the Secretary; and (as depicted on the applicable map).

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.076 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2817 (e) SYSTEM OF ROUTES.— Owyhee Front and subsequent transportation approximately $4 billion. For every (1) IN GENERAL.—Each transportation plan plans for the remainder of the County. dollar invested in this Program, there under subsection (a) shall— TITLE IV—CULTURAL RESOURCES is a return of $4.58. This program is a (A) establish a system of designated roads SEC. 401. FINDINGS. real bargain. and trails; Congress finds that— Child support enforcement is a pro- (B) include a multiple use recreational (1) the County is rich in history and cul- trail system, that provides a wide range of gram that deserves more investment ture going back thousands of years; recreational opportunities and experiences because it works, and because it pro- (2) the cultural and historical resources for all users while protecting natural and vides long term support for children. important to the people and ancestors of the cultural resources; The historic welfare reform of 1996 Tribes must be protected against abuse and (C) limit the use of motorized and mecha- changed Federal assistance to families desecration, whether intentional or uninten- nized vehicles to designated roads and trails; tional; with children to a temporary program (D) address use of snow vehicles on roads, (3) there are opportunities— that only provides 60 months of sup- trails, and areas designated for such use; (A) to increase knowledge of cultural re- port. Currently 3.4 million children are (E) be based on resource and route inven- sources; cotered by welfare reform. Child sup- tories; (B) to monitor influences from outside (F) include designation of routes and route port serves more children, and helps to forces; and systems that are open or closed; and ensure that their parents provide sup- (C) to improve the inspection and super- (G) include provisions relating to, with re- port until the age of 18. This program vision of major cultural sites; spect to the applicable land— is essential for families, and it pro- (4) inventory and monitoring programs (i) trail construction and reconstruction; motes our fundamental value of paren- that identify and document cultural sites (ii) road and trail closure; and the condition of those sites over time tal responsibility. (iii) seasonal closures or restrictions; would— As part of the Deficit Reduction Act (iv) restoration of disturbed areas; (A) assist in ensuring the preservation of of 2006, new limits were imposed on (v) monitoring; the sites; and Federal incentive funds to prohibit the (vi) maintenance; (B) help to focus resources— (vii) maps; match. While this provision saved al- (i) to ensure compliance with prohibitions (viii) signs; most $3 billion, the Congressional against destruction and or removal of cul- (ix) education; and Budget Office (CBO) estimated that tural items; and (x) enforcement. children and families would loose $8.3 (ii) to prevent inadvertent negative im- (2) TEMPORARY LIMITATION.— pacts; billion. That is a bad deal. (A) IN GENERAL.—Except as provided in (5) the Owyhee Initiative Agreement will— Our bill is designed to fix this prob- subparagraph (B), until the date on which (A) support a broad range of measures to lem and continue to invest in a pro- the Bureau completes transportation plan- protect cultural sites and resources impor- gram that has been proven to work so ning, all recreational motorized and mecha- tant to the continuation of the traditions well for our children and families. In nized off-highway vehicle use shall be lim- and beliefs of the Tribes; and ited to roads and trails in existence on the my personal view, it is better to en- (B) provide for the implementation of the day before the date of enactment of this Act. courage families to rely on child sup- Plan; and (B) EXCEPTIONS.— port from their parents first. (6) the implementation of the Plan (i) IN GENERAL.—Subparagraph (A) shall In the past, my State of West Vir- should— not apply to areas specifically identified as ginia has used its incentive payments (A) be consistent with the Indian Self-De- open, closed, or limited under the Owyhee re- termination and Education Assistance Act and matching funding to support com- source management plan. (25 U.S.C. 450 et seq.); and puters and staff investments. Accord- (ii) HEMMINGWAY BUTTE AREA.—Notwith- (B) recognize that— ing to our West Virginia Bureau, prior standing subparagraph (A), the Bureau may (i) the right of Indians to self-government to incentive funding, the agency had 18 take into consideration maintaining the results from the inherent sovereignty of In- Hemmingway Butte area as open to cross- percent to 20 percent staff turnover. dian tribes; and country travel. But with incentive funding, staff turn- (ii) the United States— (f) SCHEDULE.— over has been reduced to 10 percent and (I) has a special and unique legal and polit- (1) OWYHEE FRONT.—Not later than 1 year West Virginia collections are up to $180 after the date of enactment of this Act, the ical relationship with federally recognized Indian tribes; and million. This is very good for my State. Bureau shall complete a transportation plan I believe this bipartisan bill will be a for the Owyhee Front. (II) is obligated to develop a government- to-government relationship with Indian good deal for child support enforce- (2) OTHER FEDERAL LANDS IN THE COUNTY.— ment, our children and families, and Not later than 3 years after the date of en- tribes under the Constitution, treaties, Fed- actment of this Act, the Bureau shall com- eral law, and the course of dealings with In- our States. plete a transportation plan for Federal land dian tribes. I ask unanimous consent that, three in the County outside the Owyhee Front. SEC. 402. IMPLEMENTATION. letters of support and the text of the SEC. 302. AUTHORITY. The Tribes shall implement the Plan. bill be printed in the RECORD. I truly Transportation and travel management SEC. 403. AUTHORIZATION OF APPROPRIATIONS. appreciate the support of National Con- under this title shall not affect the authority There are authorized to be appropriated to ference of State Legislatures, The Na- of the Bureau to manage or regulate off- the Tribes to carry out this title— tional Child Support Enforcement As- highway vehicle use under title 43, Code of (1) $900,000 for fiscal year 2008; and sociation, and the joint support of ad- Federal Regulations (as in effect on Sep- (2) $900,000 for each of fiscal years 2009 vocacy groups of Center for Law and through 2012. tember 25, 2005). Social Policy, the National Women’s SEC. 303. COOPERATIVE AGREEMENTS. Law Center and the Coalition on (a) IN GENERAL.—As soon as practicable, By Mr. ROCKEFELLER (for him- after the date of enactment of this Act, the self, Mr. CORNYN, Mr. KOHL, Ms. Human Needs. There being no objection, the letters Bureau shall offer to enter into cooperative SNOWE, and Mr. COLEMAN): agreements with the County— S. 803. A bill to repeal a provision en- and bill were ordered to be printed in (1) to establish a cooperative search and acted to end Federal matching of State the RECORD, as follows: rescue program; and spending of child support incentive NATIONAL CONFERENCE (2) to implement and enforce the transpor- payments; to the Committee on Fi- OF STATE LEGISLATURES, tation plans described in this section. Washington, DC, March 6, 2007. nance. (b) AUTHORIZATION OF APPROPRIATIONS.— U.S. SENATE, There are authorized to be appropriated to Mr. ROCKFELLER. Mr. President, Washington, DC. the Bureau such sums as are necessary— today I am proud to join with bipar- DEAR SENATORS ROCKEFELLER, CORNYN, (1) to carry out search and rescue oper- tisan colleagues, Senators CORNYN, KOHL, SNOWE, AND COLEMAN: NCSL strongly ations in the County; and KOHL, SNOWE, and COLEMAN, to try to supports your legislation repealing the pro- (2) to develop, implement, and enforce off- increase investments in the successful vision in the Deficit Reduction Act of 2005 highway motor vehicle transportation plans Child Support Enforcement program. that prohibits states from using child sup- under this section. Our Federal child support enforce- port incentive funds to match federal funds SEC. 304. AUTHORIZATION OF APPROPRIATIONS. for the program. When this action was There are authorized to be appropriated to ment is an extraordirary program. In taken, the Congressional Budget Office iden- the Bureau such sums as are necessary to ac- 2005, the program collected $23 billion tified the cut as an intergovernmental man- celerate completion and implementation by to serve 16 million children and fami- date that exceeds the threshold of the Un- the Bureau of the transportation plan for the lies, with a Federal investment of only funded Mandate Reform Act.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.076 SWEST PsN: S07MRPT1 S2818 CONGRESSIONAL RECORD — SENATE March 7, 2007 States have used incentive funds to draw port, including financial and medical, is the program. While states are working to se- down federal funds used for integral parts of available to children through locating par- cure adequate funding for the program, as of the child support enforcement program. The ents, establishing paternity, establishing today no state has had a budget increase ap- funds have allowed states to establish and support obligations, and monitoring and en- proved by its state legislature. Twenty-three enforce child support obligations, obtain forcing those obligations. (23) states have not yet made a request for health care coverage for children, and link One of the unique features of the child sup- additional funding. Many state budgets are low-income fathers to job programs. The cut port enforcement program is that unlike so tight that a request for additional funding ignored the fact that funds for child support government public assistance programs, it is not feasible. It is also important to keep enforcement are used effectively and respon- has a major interstate component, and re- in mind that even if additional state funding sibly. In fact, the child support enforcement quires close collaboration among the states is approved during the current budget cycle, program received a Program Assessment to provide services on behalf of children it does not guarantee adequate funding in Rating Tool (PART) rating of ‘‘effective,’’ whose parents live in different states. In to- the future. and continues to be one of the highest rated As the Congress works to address needs of block or formula grants of all federal pro- day’s mobile society, strong interstate col- laboration and comparable levels of service America’s families both in the federal budget grams. and in other funding authorization bills, we Consistent child support helps save chil- across state lines are essential. Collectively, urge you to consider the needs for strong and dren from being raised in poverty. Reduc- the program provides services on behalf of fair child support enforcement. Children who tions in child support administrative funds over 17 million children—representing nearly inevitably lead to lower child support collec- one quarter of the nation’s children. If one or don’t receive regular financial support from tions, leaving families less able to achieve more states do not have the resources to op- both parents are disadvantaged in a number self-sufficiency. erate effective programs, there are repercus- of ways. Children need the resources pro- State legislators applaud your efforts to sions across the entire network of states in vided by child support payments from par- undo this ill-considered action of the pre- the child support system. The bottom line is ents to compete in our complex society. Par- vious Congress. We urge the 110th Congress that some of the children who depend upon ents need access to a child support system to adopt your bill. Please have your staff the program will fall through the cracks. that determines equitable child support contact Sheri Steisel or Lee Posey for fur- We are proud of the accomplishments of awards, monitors and enforces obligations, ther information or assistance. the program, but are continually striving to and transfers payments from the obligor to Sincerely, do more. The program is cost effective, goal custodial parent quickly. State and local SANDY ROSENBERG, oriented, and accountable for results. It has child support agencies have a successful his- Delegate, Maryland, received recognition from the highest levels tory of performing these important tasks, Chairman, NCSL of government at the federal, state, and local doubling their child support collection rates Human Services and levels. One of these was an OMS Program As- since Congress enacted the 1996 welfare re- Welfare Committee. sessment Rating Tool (PART) score of 90 per- form legislation. Taxpayers are well served LETICIA VAN DE PUTTE, cent, representing the highest rating among by a strong child support program that in- Senator, Texas, Presi- all social services and block grant/formula creases family self-sufficiency and decreases dent, NCSL. programs. dependence on public assistance. DONNA STONE, The Deficit Reduction Act of 2005 (P.L. 109– Your interest in the child support program Representative, Dela- 171), passed by a closely divided Congres- and commitment to the families served by ware, President sional vote, made major cuts to child sup- the state and local programs is once again Elect, NCSL. port funding, including eliminating the pur- evidenced with your sponsorship of this crit- poseful federal match on incentive pay- ical funding bill. The child support program NATIONAL CHILD SUPPORT ments, reducing the match rate for paternity has long enjoyed strong bi-partisan support ENFORCEMENT ASSOCIATION, testing, and imposing a collection fee on par- and we are most pleased to see that support March 6, 2007. ents. States were required to implement the clearly shown in your sponsorship. Hon. JAY ROCKEFELLER, collection of the fee in October 2007 unless Please consider NCSEA as a resource to Hon. JOHN CORNYN, legislation was required. The first two provi- you and to your colleagues and staff as you Hon. HERB KOHL, sions are effective on October 1, 2008, unless proceed with this legislation. We stand ready Hon. OLYMPIA SNOWE, reversed by Congress. to provide you details on what we do, how Hon. NORM COLEMAN. States and child support organizations our members use federal funds, the impact of DEAR SENATORS: I am sending this letter have been working hard to address these funding reductions, our efforts to improve on behalf of the National Child Support En- drastic funding reductions, and with all hon- the quality of our services to families, and forcement Association (NCSEA) in strong esty, the plans that are being made are not any other information you need to make an support of your bill to restore the authority good for the families served by this nation- informed decision. for states to use performance incentives as ally recognized program. Our members re- Thank you for your advocacy on behalf of match for federal funds for the child support port that vital services may be eliminated or children and families served by this impor- enforcement program. substantially reduced as budgets and staffing tant program. NCSEA is a nonprofit, membership organi- are cut. Important to the effectiveness of the Sincerely yours, zation representing the child support com- program is the ability to take action quickly MARY ANN WELLBANK, munity—a workforce of over 60,000. NCSEA’s to establish paternity and an obligation to President. mission is to promote the well-being of chil- support. States report that early interven- dren through professional development of its NATIONAL WOMEN’S LAW CENTER, membership, advocacy and public awareness. tion results in more regular support pay- CENTER FOR LAW AND SOCIAL POLICY, NCSEA’s membership includes line/manage- ments and more involvement of the father in rial/executive child support staff; state and the life of the child. Just as importantly, COALITION ON HUMAN NEEDS, local agencies; judges; court masters; hear- close monitoring and on-ongoing enforce- March 7, 2007. ing officers; government and private attor- ment are vital to the regular receipt of child Hon. JAY ROCKEFELLER, neys; social workers; advocates; corporations support payments. This close monitoring and Hon. JOHN CORNYN, that partner with government to provide interaction with the obligor ensures that Hon. HERB KOHL, child support services and private collection those parents who need assistance in finding Hon. OLYMPIA SNOWE, firms. and maintaining employment are helped. Hon. NORM COLEMAN. The child support enforcement program op- As states lose resources, they will be less DEAR SENATORS: The National Women’s erates in all states as provided by Title IV– able to timely perform ‘‘core’’ functions such Law Center, Center for Law and Social Pol- D of the federal Social Security Act. The as paternity establishment, order establish- icy, and Coalition on Human Needs, organi- program enjoys healthy partnerships with ment, enforcement and distribution of pay- zations that have worked for years to the federal Office of Child Support Enforce- ments. The progress the program has made strengthen child support enforcement, ment, and a large and varied group of stake- toward improved performance will be jeop- strongly support your bill to restore funding holders. Courts and law enforcement officials ardized. In addition, states will have to make for child support enforcement to ensure that carry out many of the day to day functions; tough choices, perhaps sacrificing customer children continue to receive the support they employers collect almost 80% of child sup- service, outreach to incarcerated parents, deserve from both their parents. port through income withholding, hospitals and fatherhood programs in favor of funding The federal-state child support enforce- assist with paternity acknowledgment, and only the ‘‘essential’’ service areas. ment program provides services to over 17 other state and local agencies provide en- The Congressional Budget Office (CBO) es- million children. In FY 2005, it collected $23 forcement services and related services to timated that child support collections would billion in child support from noncustodial assist obligors in finding and maintaining be reduced by $8.4 billion as a result of the parents at a total cost of $5 billion to the employment. We share a common mission federal cuts contained in the Deficit Reduc- federal and state governments: $4.58 in col- that is reflected in the program’s National tion Act. (The actual number may be higher lections for every $1 invested, making it Strategic Plan: based on new scoring from the CBO.) CBO as- highly cost-effective. All families in need of To enhance the well-being of children by sumed that states would make up half of the child support enforcement services are eligi- assuring that assistance in obtaining sup- funding gap resulting from federal cuts to ble, but most of the families that rely on the

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.091 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2819 program are low- and moderate-income fami- sistance for Needy Families (TANF), NATIONAL CHILD SUPPORT lies. Families that formerly received public and other social service programs. Ef- ENFORCEMENT ASSOCIATION, assistance make up nearly half (46 percent) fective enforcement enables former Washington, DC, March 6, 2007. of the caseload; current recipients represent Hon. JAY ROCKEFELLER, welfare families, and working families 16 percent of the caseload. Hon. JOHN CORNYN, Child support helps families escape pov- with modest incomes, to receive this Hon. HERB KOHL, erty, provide for their children’s needs, and important source of supplemental in- Hon. OLYMPIA SNOWE, avoid a return to welfare. But the cuts to come and gain the self-sufficiency to Hon. NORM COLEMAN. child support enforcement funding included avoid having to draw on government DEAR SENATORS: I am sending this letter in last year’s Deficit Reduction Act will sig- resources through public assistance on behalf of the National Child Support En- nificantly reduce child support collections for families and impede paternity establish- programs. In fact, over 1 million Amer- forcement Association (NCSEA) in strong ment, as states and counties reduce staff, icans were lifted out of poverty support of your bill to restore the authority forgo computer upgrades, and abandon prom- through the child support program in for states to use performance incentives as ising initiatives. Last year, the Congres- 2002. match for federal funds for the child support sional Budget Office estimated that $8.4 bil- enforcement program. In 2004, collections nationwide to- lion in child support will go uncollected over NCSEA is a nonprofit, membership organi- taled $21.9 billion, while total program the next 10 years. zation representing the child support com- Your bill would protect child support en- costs were $5.3 billion. For every $1 munity—a workforce of over 60,000. NCSEA’s forcement services by restoring the federal spent in child support enforcement, mission is to promote the well-being of chil- match for incentive funds that states rein- $4.38 is collected for children who need dren through professional development of its vest in the child support program. This it. Because of this rate of return, the membership, advocacy and public awareness. match is a key part of the results-based in- NCSEA’s membership includes line/manage- centive payment system, overhauled by the President’s budget continually rates rial/executive child support staff; state and Child Support Performance Incentive Act the program as ‘‘one of the highest local agencies; judges; court masters; hear- (CSPIA) of 1998, that has given states the in- rated block/formula grants of all re- ing officers; government and private attor- centives—and the resources—to dramatically viewed programs government-wide. neys; social workers; advocates; corporations improve their child support programs. Over This high rating is due to its strong the past 10 years, child support collection that partner with government to provide mission, effective management, and child support services and private collection rates have doubled, and the program has demonstration of measurable progress been strengthened on a nationwide basis, firms. thanks to the implementation of child sup- toward meeting annual and long term The child support enforcement program op- port reforms enacted by Congress as part of performance measures.’’ erates in all states as provided by Title IV– the 1996 welfare reform law. In particular, the Texas child support D of the federal Social Security Act. The On a bipartisan basis, Congress has enacted program enjoys healthy partnerships with significant reforms to child support enforce- program has made significant strides over the past seven years in collec- the federal Office of Child Support Enforce- ment that are making a real difference in ment, and a large and varied group of stake- children’s lives. Your bill would prevent this tions, performance, and efficiency, all holders. Courts and law enforcement officials progress from unraveling. of which will be seriously undermined carry out many of the day to day functions; We thank you for your leadership on behalf without this vital legislation. employers collect almost 80 percent of child of children and families. support through income withholding, hos- Sincerely, I speak with authority on this mat- pitals assist with paternity acknowledg- JOAN ENTMACHER, ter. During my tenure as Attorney ment, and other state and local agencies pro- Vice President, Family General of Texas, the Child Support Di- vide enforcement services and related serv- Economic Security, vision made dramatic increases in col- ices to assist obligors in finding and main- National Women’s lections from deadbeat parents, and the Law Center. taining employment. We share a common office continues to bring in record col- mission that is reflected in the program’s VICKI TURETSKY, Senior Staff Attorney, lections each year. Texas now ranks National Strategic Plan: Center for Law and second in the Nation in total collec- To enhance the well-being of children by Social Policy. tions—with collections in Fiscal Year assuring that assistance in obtaining sup- DEBBIE WEINSTEIN, 2006 surpassing $2 billion—a figure that port, including financial and medical, is Executive Director, has doubled since Fiscal Year 2000. available to children through locating par- Coalition on Human This outstanding performance has ents, establishing paternity, establishing Needs. support obligations, and monitoring and en- earned the program the second highest forcing those obligations. S. 803 Federal performance incentive award Be it enacted by the Senate and House of Rep- for the past 3 years. Because the Texas One of the unique features of the child sup- port enforcement program is that unlike resentatives of the United States of America in program has achieved that level of per- Congress assembled, government public assistance programs, it formance, the prohibition on using in- has a major interstate component, and re- SECTION 1. SHORT TITLE. centive payments to draw down match- This Act may be cited as the ‘‘Child Sup- quires close collaboration among the states port Protection Act of 2007’’. ing Federal funds for program expendi- to provide services on behalf of children SEC. 2. REPEAL OF PROVISION ENACTED TO END tures will have a much greater impact whose parents live in different states. In to- FEDERAL MATCHING OF STATE on Texas than on the 48 other States day’s mobile society, strong interstate col- SPENDING OF CHILD SUPPORT IN- ranked below it. The loss of the match laboration and comparable levels of service CENTIVE PAYMENTS. on incentive payments effectively pun- across state lines are essential. Collectively, Section 7309 of the Deficit Reduction Act ishes Texas’s success. Unless we pass the program provides services on behalf of of 2005 (Public Law 109–171, 120 Stat. 147) is over 17 million children—representing nearly repealed. this legislation, the Child Support Di- one quarter of the nation’s children. If one or Mr. CORNYN. Mr. President, I am vision in the Office of the Texas Attor- more states do not have the resources to op- proud to cosponsor the Child Support ney General will face a dramatic reduc- erate effective programs, there are repercus- Protection Act of 2007 so State child tion in federal financial participation sions across the entire network of states in support enforcement agencies may con- and may be forced to close many of- the child support system. The bottom line is tinue the extraordinary progress and fices throughout the State. that some of the children who depend upon the program will fall through the cracks. cost-effectiveness they have developed I ask unanimous consent to print in in child support collections in recent the RECORD the following letter from We are proud of the accomplishments of years. the National Child Support Enforce- the program, but are continually striving to do more. The program is cost effective, goal This legislation is necessary to avoid ment Association supporting this legis- a reversal in the dramatic improve- oriented, and accountable for results. It has lation. received recognition from the highest levels ments in the child support program’s I look forward to this bill’s consider- of government at the federal, state, and local performance over the past decade. ation in the future. levels. One of these was an OMS Program As- Without it, many families may be sessment Rating Tool (PART) score of 90 per- forced back into the welfare caseload. There being no objection, the letter cent, representing the highest rating among Child support enforcement reduces was ordered to be printed in the all social services and block grant/formula reliance on Medicaid, Temporary As- RECORD, as follows: programs.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.095 SWEST PsN: S07MRPT1 S2820 CONGRESSIONAL RECORD — SENATE March 7, 2007 The Deficit Reduction Act of 2005 (P.L. 109– the state and local programs is once again help our States, our counties—and 171), passed by a closely divided Congres- evidenced with your sponsorship of this crit- most importantly—we help those con- sional vote, made major cuts to child sup- ical funding bill. The child support program stituents relying on child support pay- port funding, including eliminating the pur- has long enjoyed strong bi-partisan support poseful federal match on incentive pay- ments. and we are most pleased to see that support I urge my colleagues to take this ments, reducing the match rate for paternity clearly shown in your sponsorship. testing, and imposing a collection fee on par- Please consider NCSEA as a resource to rare opportunity—to do what’s simple, ents. States were required to implement the you and to your colleagues and staff as you to support the Senate’s record, and to collection of the fee in October 2007 unless proceed with this legislation. We stand ready vote in favor of a program with proven legislation was required. The first two provi- to provide you details on what we do, how success at helping our nation’s chil- sions are effective on October 1, 2008, unless our members use federal funds, the impact of dren. reversed by Congress funding reductions, our efforts to improve I thank my colleagues. States and child support organizations the quality of our services to families, and have been working hard to address these any other information you need to make an drastic funding reductions, and with all hon- By Mr. DURBIN (for himself, Mr. informed decision. COLEMAN, Mr. FEINGOLD, Mr. esty, the plans that are being made are not Thank you for your advocacy on behalf of DODD, Mr. KERRY, and Mr. good for the families served by this nation- children and families served by this impor- ally recognized program. Our members re- tant program. BINGAMAN): port that vital services may be eliminated or Sincerely yours, S. 805. A bill to amend the Foreign substantially reduced as budgets and staffing MARY ANN WELLBANK, Assistance Act of 1961 to assist coun- are cut Important to the effectiveness of the President. tries in sub-Saharan Africa in the ef- program is the ability to take action quickly fort to achieve internationally recog- to establish paternity and an obligation to Mr. KOHL. In Congress, we rarely support. States report that early interven- have the opportunity to consider a sim- nized goals in the treatment and pre- tion results in more regular support pay- ple, straightforward issue. It is uncom- vention of HIV/AIDS and other major ments and more involvement of the father in mon when we can debate an issue with diseases and the reduction of maternal the life of the child. Just as importantly, significant bipartisan support; one that and child mortality by improving close monitoring and on-ongoing enforce- the Senate has a strong record on. And human health care capacity and im- ment are vital to the regular receipt of child it seems exceptional when we are able proving retention of medical health support payments. This close monitoring and professionals in sub-Saharan Africa, interaction with the obligor ensures that to show our support for a Federal pro- those parents who need assistance in finding gram that really works. and for other purposes; to the Com- and maintaining employment are helped. But the legislation my colleagues mittee on Foreign Relations. As states lose resources, they will be less and I are introducing today gives us Mr. DURBIN. Mr. President, I ask able to timely perform ‘‘core’’ functions such that rare opportunity. Our legislation unanimous consent that the text of the as paternity establishment, order establish- restores cuts to the child support en- bill be printed in the RECORD. ment, enforcement and distribution of pay- There being no objection, the bill was ments. The progress the program has made forcement program. The program helps States collect support that is owed to ordered to be printed in the RECORD, as toward improved performance will be jeop- follows: ardized. In addition, states will have to make hardworking, single parent families. It tough choices, perhaps sacrificing customer is one of the most effective Federal S. 805 service, outreach to incarcerated parents, programs, collecting more than $4 in Be it enacted by the Senate and House of Rep- and fatherhood programs in favor of funding child support for every dollar spent. resentatives of the United States of America in Congress assembled, only the ‘‘essential’’ service areas. And the Senate already has a strong The Congressional Budget Office (CBO) es- SECTION 1. SHORT TITLE. timated that child support collections would record in support of the child support This Act may be cited as the ‘‘African be reduced by $8.4 billion as a result of the enforcement program, with 76 Senators Health Capacity Investment Act of 2007’’. federal cuts contained in the Deficit Reduc- voting for a resolution that rejected SEC. 2. DEFINITIONS. tion Act. (The actual number may be higher cuts to the program. In this Act, the term ‘‘HIV/AIDS’’ has the based on new scoring from the CBO.) CBO as- Which is why I was so disappointed meaning given such term in section 104A(g) sumed that states would make up half of the when conferees included in the Deficit of the Foreign Assistance Act of 1961 (22 funding gap resulting from federal cuts to Reduction Act a provision to prevent, U.S.C. 2151b–2(g)). the program. While states are working to se- States from receiving Federal match- SEC. 3. FINDINGS. cure adequate funding for the program, as of Congress makes the following findings: today no state has had a budget increase ap- ing funds on incentive payments. While the scope of this provision may have (1) The World Health Report, 2003, Shaping proved by its state legislature. Twenty-three the Future, states, ‘‘The most critical issue (23) states have not yet made a request for seemed narrow to the conferees, the facing health care systems is the shortage of additional funding. Many state budgets are impact has been felt throughout the people who make them work.’’. so tight that a request for additional funding country. And my State of Wisconsin (2) The World Health Report, 2006, Working is not feasible. It is also important to keep has felt it more than most—as a high- Together for Health, states, ‘‘The unmistak- in mind that even if additional state funding able imperative is to strengthen the work- is approved during the current budget cycle, performing State, Wisconsin stands to force so that health systems can tackle crip- it does not guarantee adequate funding in lose more Federal funding than a State pling diseases and achieve national and glob- the future. with a poorer enforcement record. Con- As the Congress works to address needs of gress should not send the message to al health goals. A strong human infrastruc- ture is fundamental to closing today’s gap America’s families both in the federal budget States that they will be penalized for and in other funding authorization bills, we between health promise and health reality success—but that’s exactly what the and anticipating the health challenges of the urge you to consider the needs for strong and child support funding cuts did. fair child support enforcement. Children who 21st century.’’. don’t receive regular financial support from I fought against the Deficit Reduc- (3) The shortage of health personnel, in- both parents are disadvantaged in a number tion Act, because I knew these cuts cluding doctors, nurses, pharmacists, coun- of ways. Children need the resources pro- would hurt Wisconsin families. The im- selors, laboratory staff, paraprofessionals, vided by child support payments from par- pact has been clear. The cuts are so and trained lay workers is one of the leading ents to compete in our complex society. Par- damaging—and the program so impor- obstacles to fighting HIV/AIDS in sub-Saha- ents need access to a child support system ran Africa. tant—that one Wisconsin community (4) The HIV/AIDS pandemic aggravates the that determines equitable child support has decided to hold a raffle, to raise awards, monitors and enforces obligations, shortage of health workers through loss of and transfers payments from the obligor to funds for their child support enforce- life and illness among medical staff, unsafe custodial parent quickly. State and local ment program. I have heard from child working conditions for medical personnel, child support agencies have a successful his- support directors who will be forced by and increased workloads for diminished tory of performing these important tasks, budget cuts to fire staff. And I have staff, while the shortage of health personnel doubling their child support collection rates heard from scared constituents who are undermines efforts to prevent and provide since Congress enacted the 1996 welfare re- owed child support that they worry care and treatment for those with HIV/AIDS. form legislation. Taxpayers are well served (5) Workforce constraints and inefficient they will never see. management are limiting factors in the by a strong child support program that in- That is why I am proud to join Sen- creases family self-sufficiency and decreases treatment of tuberculosis, which infects over OCKEFELLER ORNYN NOWE 1 dependence on public assistance. ators R , C , S ⁄3 of the global population. Your interest in the child support program and COLEMAN in introducing this legis- (6) Over 1,200,000 people die of malaria each and commitment to the families served by lation. By repealing the DRA cuts, we year. More than 75 percent of these deaths

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.097 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2821 occur among African children under the age a shortage of health workers. The Joint (26) African health care professionals im- of 5 years old and the vast majority of these Learning Initiative on Human Resources for migrate to the United States for the same deaths are preventable. The Malaria Initia- Health and Development estimates that the set of reasons that have led millions of peo- tive of President George W. Bush seeks to re- global shortage exceeds 4,000,000 workers. ple to come to this country, including the duce dramatically the disease burden of ma- Shortages in sub-Saharan Africa, however, desire for freedom, for economic oppor- laria through both prevention and treat- are far more acute than in any other region tunity, and for a better life for themselves ment. Paraprofessionals and community of the world. The World Health Report, 2006, and their children, and the rights and moti- healthworkers can be instrumental in reduc- states that ‘‘[t]he exodus of skilled profes- vations of these individuals must be re- ing mortality and economic losses associated sionals in the midst of so much unmet health spected. with malaria and other health problems. need places Africa at the epicentre of the (27) Helping countries in sub-Saharan Afri- (7) For a woman in sub-Saharan Africa, the global health workforce crisis.’’. ca increase salaries and benefits of health lifetime risk of maternal death is 1 out of 16. (15) Ambassador Randall Tobias, now the care professionals, improve working condi- In highly developed countries, that risk is 1 Director of United States Foreign Assistance tions, including the adoption of universal out of 2,800. Increasing access to skilled birth and Administrator of the United States precautions against workplace infection, im- attendants and access to emergency obstet- Agency for International Development, has prove management of health care systems rical care is essential to reducing maternal stated that there are more Ethiopian trained and institutions, increase the capacity of and newborn mortality in sub-Saharan Afri- doctors practicing in Chicago than in Ethi- health training institutions, and expand edu- ca. opia. cation opportunities will alleviate some of (8) The Second Annual Report to Congress (16) According to the United Nations De- the pressures driving the migration of health on the progress of the President’s Emergency velopment Programme, Human Development care personnel from sub-Saharan Africa. Plan for AIDS Relief identifies the strength- Report 2003, approximately 3 out of 4 coun- (28) While the scope of the problem of dire ening of essential health care systems tries in sub-Saharan Africa have fewer than shortfalls of personnel and inadequacies of through health care networks and infra- 20 physicians per 100,000 people, the min- infrastructure in the sub-Saharan African structure development as critical to the sus- imum ratio recommended by the World health systems is immense, effective and tainability of funded assistance by the Health Organization, and 13 countries have 5 targeted interventions to improve working United States Government and states that or fewer physicians per 100,000 people. conditions, management, and productivity ‘‘outside resources for HIV/AIDS and other (17) Nurses play particularly important would yield significant dividends in im- development efforts must be focused on roles in sub-Saharan African health care sys- proved health care. transformational initiatives that are owned tems, but approximately 1⁄4 of sub-Saharan (29) Failure to address the shortage of by host nations’’. This report further states, African countries have fewer than 50 nurses health care professionals and paraprofes- ‘‘Alongside efforts to support community ca- per 100,000 people or less than 1⁄2 the staffing sionals, and the factors pushing individuals pacity-building, enhancing the capacity of levels recommended by the World Health Or- to leave sub-Saharan Africa will undermine health care and other systems is also crucial ganization. the objectives of United States development for sustainability. Among the obstacles to (18) Paraprofessionals and community policy and will subvert opportunities to these efforts in many nations are inadequate health workers can be trained more quickly achieve internationally recognized goals for human resources and capacity, limited insti- than nurses or doctors and are critically the treatment and prevention of HIV/AIDS tutional capacity, and systemic weaknesses needed in sub-Saharan Africa to meet imme- and other diseases, in the reduction of child in areas such as: quality assurance; financial diate health care needs. and maternal mortality, and for economic management and accounting; health net- (19) Imbalances in the distribution of coun- growth and development in sub-Saharan Af- works and infrastructure; and commodity tries’ health workforces represents a global rica. distribution and control.’’. problem, but the impact is particularly SEC. 4. SENSE OF CONGRESS. (9) Vertical disease control programs rep- acute in sub-Saharan Africa. It is the sense of Congress that— resent vital components of United States for- (20) In Malawi, for example, more than 95 (1) the United States should help sub-Saha- eign assistance policy, but human resources percent of clinical officers are in urban ran African countries that have not already for health planning and management often health facilities, and about 25 percent of done so to develop national human resource demands a more systematic approach. nurses and 50 percent of physicians are in the plans within the context of comprehensive (10) Implementation of capacity-building 4 central hospitals of Malawi. Yet the popu- country health plans involving a wide range initiatives to promote more effective human lation of Malawi is estimated to be 87 per- of stakeholders; resources management and development cent rural. (2) comprehensive, rather than piecemeal may require an extended horizon to produce (21) In parts of sub-Saharan Africa, such as approaches to advance multiple sustainable measurable results, but such efforts are crit- Kenya, thousands of qualified health profes- interventions will better enable countries to ical to fulfillment of many internationally sionals are employed outside the health care plan for the number of health care workers recognized objectives in global health. field or are unemployed despite job openings they need, determine whether they need to (11) The November 2005 report of the Work- in the health sector in rural areas because reorganize their health workforce, integrate ing Group on Global Health Partnerships for poor working and living conditions, includ- workforce planning into an overall strategy the High Level Forum on the Health Millen- ing poor educational opportunities for chil- to improve health system performance and nium Development Goals entitled ‘‘Best dren, transportation, and salaries, make impact, better budget for health care spend- Practice Principles for Global Health Part- such openings unattractive to candidates. ing, and improve the delivery of health serv- nership Activities at Country Level’’, raises (22) The 2002 National Security Strategy of ices in rural and other underserved areas; the concern that the collective impact of the United States stated, ‘‘The scale of the (3) in order to promote systemic, sustain- various global health programs now risks public health crisis in poor countries is enor- able change, the United States should seek, ‘‘undermining the sustainability of national mous. In countries afflicted by epidemics where possible, to strengthen existing na- development plans, distorting national prior- and pandemics like HIV/AIDS, malaria, and tional systems in sub-Saharan African coun- ities, diverting scarce human resources and/ tuberculosis, growth and development will be tries to improve national capacities in areas or establishing uncoordinated service deliv- threatened until these scourges can be con- including fiscal management, training, re- ery structures’’ in developing countries. This tained. Resources from the developed world cruiting and retention of health workers, risk underscores the need to coordinate are necessary but will be effective only with distribution of resources, attention to rural international donor efforts for these vital honest governance, which supports preven- areas, and education; programs with one another and with recipi- tion programs and provides effective local (4) because foreign-funded efforts to fight ent countries. infrastructure.’’. HIV/AIDS and other diseases may also draw (12) The emigration of significant numbers (23) Public health deficiencies in sub-Saha- health personnel away from the public sector of trained health care professionals from ran Africa and other parts of the developing in sub-Saharan African countries, the poli- sub-Saharan African countries to the United world reduce global capacities to detect and cies and programs of the United States States and other wealthier countries exacer- respond to potential crises, such as an avian should, where practicable, seek to work with bates often severe shortages of health care flu pandemic. national and community-based health struc- workers, undermines economic development (24) On September 28, 2005, Secretary of tures and seek to promote the general wel- efforts, and undercuts national and inter- State Condoleezza Rice declared that ‘‘HIV/ fare and enhance infrastructures beyond the national efforts to improve access to essen- AIDS is not only a human tragedy of enor- scope of a single disease or condition; tial health services in the region. mous magnitude; it is also a threat to the (5) paraprofessionals and community-level (13) Addressing this problem, commonly re- stability of entire countries and to the entire health workers can play a key role in pre- ferred to as ‘‘brain drain’’, will require in- regions of the world.’’. vention, care, and treatment services, and in creased investments in the health sector by (25) Foreign assistance by the United the more equitable and effective distribution sub-Saharan African governments and by States that expands local capacities, pro- of health resources, and should be integrated international partners seeking to promote vides commodities or training, or builds on into national health systems; economic development and improve health and enhances community-based and national (6) given the current personnel shortages care and mortality outcomes in the region. programs and leadership can increase the in sub-Saharan Africa, paraprofessionals and (14) Virtually every country in the world, impact, efficiency, and sustainability of community health workers represent a crit- including the United States, is experiencing funded efforts by the United States. ical potential workforce in efforts to reduce

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.088 SWEST PsN: S07MRPT1 S2822 CONGRESSIONAL RECORD — SENATE March 7, 2007 the burdens of malaria, tuberculosis, HIV/ ‘‘SEC. 137. ASSISTANCE TO INCREASE HUMAN CA- ‘‘(G) to promote efforts to improve system- AIDS, and other deadly and debilitating dis- PACITY IN THE HEALTH SECTOR IN atically human resource management and eases; SUB-SAHARAN AFRICA. development as a critical health and devel- (7) it is critically important that the gov- ‘‘(a) ASSISTANCE.— opment issue in coordination with specific ernments of sub-Saharan African countries ‘‘(1) AUTHORITY.—The President is author- disease control programs for sub-Saharan Af- increase their own investments in education ized to provide assistance, including pro- rica; and and health care; viding assistance through international or ‘‘(H) to establish a global clearinghouse or (8) international financial institutions nongovernmental organizations, for pro- similar mechanism for knowledge sharing re- have an important role to play in the grams in sub-Saharan Africa to improve garding human resources for health, in con- achievement of internationally agreed upon human health care capacity. sultation, if helpful, with the Global Health Workforce Alliance. health goals, and in helping countries strike ‘‘(2) TYPES OF ASSISTANCE.—Such programs the appropriate balance in encouraging effec- should include assistance— ‘‘(3) MONITORING AND EVALUATION.— tive public investments in the health and ‘‘(A) to provide financial and technical as- ‘‘(A) IN GENERAL.—The President shall es- education sectors, particularly as foreign as- sistance to sub-Saharan African countries in tablish a monitoring and evaluation system sistance in these areas scales up, and pro- developing and implementing new or to measure the effectiveness of assistance by the United States to improve human health moting macroeconomic stability; strengthened comprehensive national health care capacity in sub-Saharan Africa in order (9) public-private partnerships are needed workforce plans; to maximize the sustainable development to promote creative contracts, investments ‘‘(B) to build and improve national and impact of assistance authorized under this in sub-Saharan African educational systems, local capacities and sustainable health sys- section and pursuant to the strategy re- codes of conduct related to recruiting, and tems management in sub-Saharan African quired under subsection (b). other mechanisms to alleviate the adverse countries, including financial, strategic, and ‘‘(B) REQUIREMENTS.—The monitoring and impacts on sub-Saharan African countries technical assistance for— evaluation system shall— caused by the migration of health profes- ‘‘(i) fiscal and health personnel manage- ‘‘(i) establish performance goals for assist- sionals; ment; ance provided under this section; (10) colleges and universities of the United ‘‘(ii) health worker recruitment systems; ‘‘(ii) establish performance indicators to be States, as well as other members of the pri- ‘‘(iii) the creation or improvement of com- used in measuring or assessing the achieve- vate sector, can play a significant role in puterized health workforce databases and ment of performance goals; promoting training in medicine and public other human resource information systems; ‘‘(iii) provide a basis for recommendations health in sub-Saharan Africa by establishing ‘‘(iv) implementation of measures to re- for adjustments to the assistance to enhance or supporting in-country programs in sub- duce corruption in the health sector; and the impact of the assistance; and Saharan Africa through twinning programs ‘‘(v) monitoring, evaluation, and quality ‘‘(iv) to the extent feasible, utilize and sup- with educational institutions in sub-Saharan assurance in the health field, including the port national monitoring and evaluation sys- Africa or through other in-country mecha- utilization of national and district-level tems, with the objective of improved data nisms; mapping of health care systems to determine collection without the imposition of unnec- (11) given the substantial numbers of Afri- capacity to deliver health services; essary new burdens. can immigrants to the United States work- ‘‘(C) to train and retain sufficient numbers ‘‘(b) STRATEGY OF THE UNITED STATES.— ing in the health sector, the United States of health workers, including paraprofes- ‘‘(1) REQUIREMENT FOR STRATEGY.—Not should enact and implement measures to sionals and community health workers, to later than 180 days after the date of the en- permit qualified aliens and their family provide essential health services in sub-Sa- actment of this Act, the President shall de- members that are legally present in the haran African countries, including financing, velop and transmit to the appropriate con- United States to work temporarily as health strategic technical assistance for— gressional committees a strategy for coordi- care professionals in developing countries or ‘‘(i) health worker safety and health care, nating, implementing, and monitoring as- in other emergency situations, as in S. 2611, including HIV/AIDS prevention and off-site sistance programs for human health care ca- of the 109th Congress, as passed by the Sen- testing and treatment programs for health pacity in sub-Saharan Africa. ate on May 25, 2006; workers; ‘‘(2) CONTENT.—The strategy required by (12) the President, acting through the ‘‘(ii) increased capacity for training health paragraph (1) shall include— United States Permanent Representative to professionals and paraprofessionals in such ‘‘(A) a description of a coordinated strat- the United Nations, should exercise the voice subjects as human resources planning and egy, including coordination among agencies and vote of the United States— management, health program management, and departments of the Federal Government (A) to ameliorate the adverse impact on and quality improvement; with other bilateral and multilateral donors, less developed countries of the migration of ‘‘(iii) expanded access to secondary level to provide the assistance authorized in sub- health personnel; math and science education; section (a); (B) to promote voluntary codes of conduct ‘‘(iv) expanded capacity for nursing and ‘‘(B) a description of a coordinated strat- for recruiters of health personnel; and medical schools in sub-Saharan Africa, with egy to consult with sub-Saharan African (C) to promote respect for voluntary agree- particular attention to incentives or mecha- countries and the African Union on how best ments in which individuals, in exchange for nisms to encourage graduates to work in the to advance the goals of this Act; and individual educational assistance, have health sector in their country of residence; ‘‘(C) an analysis of how international fi- agreed either to work in the health field in ‘‘(v) incentives and policies to increase re- nancial institutions can most effectively as- their home countries for a given period of tention, including salary incentives; sist countries in their efforts to expand and time or to repay such assistance; ‘‘(vi) modern quality improvement proc- better direct public spending in the health (13) the United States, like countries in esses and practices; and education sectors in tandem with the an- other parts of the world, is experiencing a ‘‘(vii) continuing education, distance edu- ticipated scale up of international assistance shortage of medical personnel in many occu- cation, and career development opportuni- to combat HIV/AIDS and other health chal- pational specialties, and the shortage is par- ties for health workers; lenges, while simultaneously helping these ticularly acute in rural and other under- ‘‘(viii) mechanisms to promote produc- countries maintain prudent fiscal balance. served areas of the country; and tivity within existing and expanding health ‘‘(3) FOCUS OF ANALYSIS.—The analysis de- (14) the United States should expand train- workforces; and scribed in paragraph (2)(C) should focus on 2 ing opportunities for health personnel, ex- ‘‘(ix) achievement of minimum infrastruc- or 3 selected countries in sub-Saharan Afri- pand incentive programs such as student ture requirements for health facilities, such ca, including, if practical, 1 focus country as loan forgiveness for people of the United as access to clean water; designated under the President’s Emergency States willing to work in underserved areas, ‘‘(D) to support sub-Saharan African coun- Plan for AIDS Relief (authorized by the and take other steps to increase the number tries with financing, technical support, and United States Leadership Against Global of health personnel in the United States. personnel, including paraprofessionals and HIV/AIDS, Tuberculosis, and Malaria Act of community-based caregivers, to better meet 2003 (Public Law 108–25)) and 1 country with- SEC. 5. ASSISTANCE TO INCREASE HUMAN CA- the health needs of rural and other under- out such a designation. PACITY IN THE HEALTH SECTOR IN SUB-SAHARAN AFRICA. served populations by providing incentives ‘‘(4) CONSULTATION.—The President is en- to serve in these areas, and to more equi- couraged to develop the strategy required Chapter 1 of part I of the Foreign Assist- tably distribute health professionals and under paragraph (1) in consultation with the ance Act of 1961 (22 U.S.C. 2151 et seq.) is paraprofessionals; Secretary of State, the Administrator for amended— ‘‘(E) to support efforts to improve public the United States Agency for International (1) by redesignating the section 135 that health capacities in sub-Saharan Africa Development, including employees of its was added by section 5 of the Senator Paul through education, leadership development, field missions, the Global HIV/AIDS Coordi- Simon Water for the Poor Act of 2005 (Public and other mechanisms; nator, the Chief Executive Officer of the Mil- Law 109–121; 22 U.S.C. 2152h note) as section ‘‘(F) to provide technical assistance, equip- lennium Challenge Corporation, the Sec- 136; and ment, training, and supplies to assist in the retary of the Treasury, the Director of the (2) by adding at the end the following new improvement of health infrastructure in sub- Bureau of Citizenship and Immigration Serv- section: Saharan Africa; ices, the Director of the Centers for Disease

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.088 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2823 Control and Prevention, and other relevant tification, prevention, or treatment of ill- United States in the deaths of hundreds of agencies to ensure coordination within the ness or disability. thousands of Greek civilians during World Federal Government. ‘‘(6) COMMUNITY HEALTH WORKERS.—The War II; ‘‘(5) COORDINATION.— term ‘community health worker’ means a Whereas, throughout the 20th century, ‘‘(A) DEVELOPMENT OF STRATEGY.—To en- community based caregiver who has received Greece was 1 of only 3 countries in the world, sure coordination with national strategies instruction and is employed to provide basic outside the former British Empire, that al- and objectives and other international ef- health services in specific catchment areas, lied with the United States in every major forts, the President should develop the strat- most often the areas where they themselves international conflict; egy described in paragraph (1) by consulting live. Whereas President George W. Bush, in rec- appropriate officials of the United States ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ognizing Greek Independence Day in 2002, Government and by coordinating with the ‘‘(1) IN GENERAL.—There are authorized to said, ‘‘Greece and America have been firm al- following: be appropriated to the President to carry out lies in the great struggles for liberty. . . . ‘‘(i) Other donors. the provisions of this section— Americans will always remember Greek her- ‘‘(ii) Implementers. ‘‘(A) $150,000,000 for fiscal year 2008; oism and Greek sacrifice for the sake of free- ‘‘(iii) International agencies. ‘‘(B) $200,000,000 for fiscal year 2009; and dom. . . . [and a]s the 21st century dawns, ‘‘(iv) Nongovernmental organizations ‘‘(C) $250,000,000 for fiscal year 2010. Greece and America once again stand united; working to increase human health capacity ‘‘(2) AVAILABILITY OF FUNDS.—Amounts this time in the fight against terrorism. . . . in sub-Saharan Africa. made available under paragraph (1) are au- The United States deeply appreciates the ‘‘(v) The World Bank. thorized to remain available until expended role Greece is playing in the war against ter- ‘‘(vi) The International Monetary Fund. and are in addition to amounts otherwise ror. . . . America and Greece are strong al- ‘‘(vii) The Global Fund to Fight AIDS, Tu- made available for the purpose of carrying lies, and we’re strategic partners.’’; berculosis, and Malaria. out this section.’’. Whereas President Bush stated that ‘‘(viii) The World Health Organization. Greece’s successful ‘‘law enforcement oper- ‘‘(ix) The International Labour Organiza- f ations against a terrorist organization [No- tion. SUBMITTED RESOLUTIONS— vember 17] responsible for three decades of ‘‘(x) The United Nations Development Pro- TUESDAY, MARCH 6, 2007 terrorist attacks underscore the important gramme. contributions Greece is making to the global ‘‘(xi) The United Nations Programme on war on terrorism’’; HIV/AIDS. SENATE RESOLUTION 95—DESIG- Whereas Greece is a strategic partner and ‘‘(xii) The European Union. NATING MARCH 25, 2007, AS ally of the United States in bringing polit- ‘‘(xiii) The African Union. ical stability and economic development to ‘‘(B) ASSESSMENT AND COMPILATION.—The ‘‘GREEK INDEPENDENCE DAY: A the volatile Balkan region and has invested President should make the assessments and NATIONAL DAY OF CELEBRA- over $15,000,000,000 in the region; compilations required by subsection TION OF GREEK AND AMERICAN Whereas Greece was extraordinarily re- (a)(3)(B)(v), in coordination with the entities DEMOCRACY’’ sponsive to requests by the United States listed in subparagraph (A). during the war in Iraq, immediately granting Mr. SPECTER (for himself, Mr. AL- ‘‘(c) REPORT.— the United States unlimited access to ‘‘(1) IN GENERAL.—Not later than 1 year LARD, Mr. BAYH, Mr. BENNETT, Mr. Greece’s airspace and the base in Souda Bay, after the date on which the President sub- BIDEN, Mr. BINGAMAN, Mrs. BOXER, Mr. and many United States ships that delivered mits the strategy required in subsection (b), BROWN, Mr. CARPER, Mr. CASEY, Mr. troops, cargo, and supplies to Iraq were refu- the President shall submit to the appro- CHAMBLISS, Mrs. CLINTON, Mr. COCH- eled in Greece; priate congressional committees a report on RAN, Mr. CRAIG, Mr. DODD, Mrs. DOLE, Whereas, in August 2004, the Olympic the implementation of this section. Mr. DOMENICI, Mr. DORGAN, Mr. DURBIN, games came home to Athens, Greece, the ‘‘(2) ASSESSMENT OF MECHANISMS FOR land in which the games began 2,500 years Mr. FEINGOLD, Mrs. FEINSTEIN, Mr. KNOWLEDGE SHARING.—The report described ago and the city in which the games were re- in paragraph (1) shall be accompanied by a GRASSLEY, Mr. GREGG, Mr. HAGEL, Mr. vived in 1896; document assessing best practices and other INOUYE, Mr. ISAKSON, Mr. JOHNSON, Mr. Whereas Greece received world-wide praise mechanisms for knowledge sharing about KENNEDY, Mr. KERRY, Mr. KOHL, Ms. for its extraordinary handling during the human resources for health and capacity LANDRIEU, Mr. LAUTENBERG, Mr. LEVIN, 2004 Olympics of more than 14,000 athletes building efforts to be shared with govern- Mr. LIEBERMAN, Mr. LOTT, Mr. MENEN- from 202 countries and more than 2,000,000 ments of developing countries and others DEZ, Ms. MIKULSKI, Ms. MURKOWSKI, spectators and journalists, a feat Greece seeking to promote improvements in human handled efficiently, securely, and with fa- Mr. NELSON of Florida, Mr. OBAMA, Mr. resources for health and capacity building. mous Greek hospitality; REED, Mr. REID, Mr. ROCKEFELLER, Mr. ‘‘(3) FOLLOW-UP REPORT.—Not later than 3 Whereas the unprecedented security effort years after the date on which the President SCHUMER, Mr. SMITH, Ms. SNOWE, Ms. in Greece for the first Olympics after the at- submits the strategy required in subsection STABENOW, Mr. STEVENS, Mr. SUNUNU, tacks on the United States on September 11, (b), the president shall submit to the appro- Mr. THOMAS, Mr. VOINOVICH, Mr. WAR- 2001 included a record-setting expenditure of priate congressional committees a further NER, Mr. WHITEHOUSE, and Mr. WYDEN) more than $1,390,000,000 and the assignment report on the implementation of this section. submitted the following resolution; of more than 70,000 security personnel, as ‘‘(d) DEFINITIONS.—In this section: which was referred to the Committee well as the utilization of an 8-country Olym- ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- on the Judiciary: pic Security Advisory Group that included TEES.—The term ‘appropriate congressional the United States; committees’ means the Committee on For- S. RES. 95 Whereas Greece, located in a region in eign Relations and the Committee on Appro- Whereas the ancient Greeks developed the which Christianity mixes with Islam and Ju- priations of the Senate and the Committee concept of democracy, in which the supreme daism, maintains excellent relations with on International Relations and the Com- power to govern was vested in the people; Muslim countries and Israel; mittee on Appropriations of the House of Whereas the Founding Fathers of the Whereas the Government of Greece has had Representatives. United States drew heavily on the political extraordinary success in recent years in fur- ‘‘(2) BRAIN DRAIN.—The term ‘brain drain’ experience and philosophy of ancient Greece thering cross-cultural understanding and re- means the emigration of a significant pro- in forming a representative democracy; ducing tensions between Greece and Turkey; portion of a country’s professionals working Whereas Greek Commander in Chief Petros Whereas Greece and the United States are in the health field to wealthier countries, Mavromichalis, a founder of the modern at the forefront of the effort to advance free- with a resulting loss of personnel and often Greek state, said to the citizens of the dom, democracy, peace, stability, and human a loss in investment in education and train- United States in 1821 that ‘‘it is in your land rights; ing for the countries experiencing the emi- that liberty has fixed her abode and . . . in Whereas those and other ideals have forged gration. imitating you, we shall imitate our ances- a close bond between the governments and ‘‘(3) HEALTH PROFESSIONAL.—The term tors and be thought worthy of them if we the peoples of Greece and the United States; ‘health professional’ means a person whose succeed in resembling you’’; Whereas March 25, 2007 marks the 186th an- occupation or training helps to identify, pre- Whereas, during World War II, Greece niversary of the beginning of the revolution vent, or treat illness or disability. played a major role in the struggle to pro- that freed the people of Greece from the ‘‘(4) HIV/AIDS.—The term ‘HIV/AIDS’ has tect freedom and democracy by bravely Ottoman Empire; and the meaning given such term in section fighting the historic Battle of Crete, giving Whereas it is proper and desirable for the 104A(g) of the Foreign Assistance Act of 1961 the Axis powers their first major setback in people of the United States to celebrate this (22 U.S.C. 2151b–2(g)). the land war and setting off a chain of events anniversary with the people of Greece and to ‘‘(5) PARAPROFESSIONAL.—The term ‘para- that significantly affected the outcome of reaffirm the democratic principles from professional’ means an individual who is World War II; which both Greece and the United States trained and employed as a health agent for Whereas Greece paid a high price for de- were born: Now, therefore, be it the provision of basic assistance in the iden- fending the common values of Greece and the Resolved, That the Senate—

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.088 SWEST PsN: S07MRPT1 S2824 CONGRESSIONAL RECORD — SENATE March 7, 2007 (1) designates March 25, 2007 as ‘‘Greek (A) preventing Al Qaeda and associated Whereas increased awareness of the Safe Independence Day: A National Day of Cele- terrorist organizations from operating in the Place program will encourage more commu- bration of Greek and American Democracy’’; territory of Pakistan, including by elimi- nities to establish Safe Place locations for and nating terrorist training camps or facilities, the youths of the United States: Now, there- (2) encourages the people of the United arresting members of Al Qaeda and associ- fore, be it States to observe the day with appropriate ated terrorist organizations, and countering Resolved, That the Senate— ceremonies and activities. recruitment efforts; (1) designates the week of March 12 (B) preventing the Taliban from using the through March 18, 2007, as ‘‘National Safe f territory of Pakistan as a sanctuary from Place Week’’; and SUBMITTED RESOLUTIONS which to launch attacks within Afghanistan, (2) calls upon the people of the United including by arresting Taliban leaders, stop- States and interested groups to— ping cross-border incursions, and countering (A) promote awareness of, and volunteer SENATE RESOLUTION 99—EX- recruitment efforts; and involvement in, the Safe Place program; and PRESSING THE SENSE OF THE (C) implementing democratic reforms, in- (B) observe the week with appropriate SENATE THAT UNITED STATES cluding by allowing free, fair and inclusive ceremonies and activities. elections at all levels of government in ac- MILITARY ASSISTANCE TO PAKI- f cordance with internationally recognized STAN SHOULD BE GUIDED BY democratic norms. AMENDMENTS SUBMITTED AND DEMONSTRABLE PROGRESS BY PROPOSED THE GOVERNMENT OF PAKISTAN f IN ACHIEVING CERTAIN OBJEC- SENATE RESOLUTION 100—DESIG- SA 373. Mr. COBURN submitted an amend- NATING THE WEEK BEGINNING ment intended to be proposed to amendment TIVES RELATED TO SA 343 submitted by Ms. CANTWELL (for her- COUNTERTERRORISM AND DEMO- MARCH 12, 2007, AS ‘‘NATIONAL self, Mr. DODD, and Mr. FEINGOLD) and in- CRATIC REFORMS SAFE PLACE WEEK’’ tended to be proposed to the bill S. 4, to Mr. DODD (for himself, Mr. KERRY, Mrs. FEINSTEIN (for herself, Mr. make the United States more secure by im- and Mr. BIDEN) submitted the following CRAIG, Mrs. BOXER, Mr. COCHRAN, Ms. plementing unfinished recommendations of resolution; whcih was referred to the MURKOWSKI, Mr. DURBIN, Mr. BUNNING, the 9/11 Commission to fight the war on ter- ror more effectively, to improve homeland Mr. BAYH, Mr. MCCONNELL, Mr. Committee on Foreign Relations: security, and for other purposes; which was SALAZAR, Mrs. LINCOLN, Mrs. CLINTON, S. RES. 99 ordered to lie on the table. Whereas a democratic, stable, and pros- Mr. DODD, Mr. CRAPO, and Mr. FEIN- SA 374. Mr. COBURN submitted an amend- perous Pakistan that is a full and reliable GOLD) submitted the following resolu- ment intended to be proposed to amendment partner in the struggle against Al Qaeda and tion; which was considered and agreed SA 343 submitted by Ms. CANTWELL (for her- the Taliban and a responsible steward of its to: self, Mr. DODD, and Mr. FEINGOLD) and in- nuclear weapons and technology is vital to S. RES. 100 tended to be proposed to the bill S. 4, supra; the national security of the United States Whereas the youths of the United States which was ordered to lie on the table. SA 375. Ms. LANDRIEU submitted an and to combating international terrorism; will be the future bearers of the bright torch amendment intended to be proposed to Whereas, since September 11, 2001, Paki- of democracy; amendment SA 275 proposed by Mr. REID (for stan has been an important partner in re- Whereas youths need a safe haven from himself, Mr. LIEBERMAN, and Ms. COLLINS) to moving the Taliban regime in Afghanistan various negative influences, such as child the bill S. 4, supra; which was ordered to lie and combating Al Qaeda and international abuse, substance abuse, and crime, and on the table. terrorism, engaging in operations that have youths need to have resources readily avail- SA 376. Ms. LANDRIEU submitted an led to the deaths of hundreds of Pakistani se- able to assist them when faced with cir- amendment intended to be proposed to curity personnel and enduring acts of ter- cumstances that compromise their safety; amendment SA 275 proposed by Mr. REID (for rorism and sectarian violence that have Whereas the United States needs increased himself, Mr. LIEBERMAN, and Ms. COLLINS) to killed many innocent civilians; and numbers of community volunteers acting as the bill S. 4, supra; which was ordered to lie Whereas senior United States military and positive influences on the youths of the Na- intelligence officials have stated that the on the table. tion; SA 377. Mrs. FEINSTEIN (for herself and Taliban and Al Qaeda have established crit- Whereas the Safe Place program is com- Mr. SESSIONS) submitted an amendment in- ical sanctuaries in Pakistan from where Al mitted to protecting the youths of the tended to be proposed by her to the bill S. 4, Qaeda is rebuilding its global terrorist net- United States, the Nation’s most valuable supra; which was ordered to lie on the table. work and Taliban forces are crossing into Af- asset, by offering short term safe places at SA 378. Mr. KERRY (for himself, Mr. DODD, ghanistan and attacking Afghan, United neighborhood locations where trained volun- Mr. BIDEN, and Mr. LEAHY) submitted an States, and International Security Assist- teers are available to counsel and advise amendment intended to be proposed to ance Force (ISAF) personnel: Now, therefore, young people seeking assistance and guid- amendment SA 275 proposed by Mr. REID (for be it ance; himself, Mr. LIEBERMAN, and Ms. COLLINS) to Resolved, That it is the sense of the Senate Whereas the Safe Place program combines the bill S. 4, supra; which was ordered to lie that— the efforts of the private sector and non- on the table. (1) it is the policy of the United States— profit organizations to reach young people in SA 379. Mr. GRASSLEY submitted an (A) to maintain and deepen its long-term the early stages of crisis; amendment intended to be proposed to strategic partnership with Pakistan; Whereas the Safe Place program provides a amendment SA 272 proposed by Mr. ALLARD (B) to work with the Government of Paki- direct way to assist programs in meeting to the amendment SA 275 proposed by Mr. stan to combat international terrorism and performance standards relative to outreach REID (for himself, Mr. LIEBERMAN, and Ms. to end the use of Pakistani territory as a and community relations, as set forth in the COLLINS) to the bill S. 4, supra; which was or- safe haven for Al Qaeda, the Taliban, and as- Runaway and Homeless Youth Act (42 U.S.C. dered to lie on the table. sociated terrorist organizations, including 5701 et seq.); SA 380. Mr. GRASSLEY submitted an through the integration and development of Whereas the Safe Place placard displayed amendment intended to be proposed to the Federally Administered Tribal Areas at businesses within communities stands as amendment SA 275 proposed by Mr. REID (for (FATA); a beacon of safety and refuge to at-risk himself, Mr. LIEBERMAN, and Ms. COLLINS) to (C) to work with the Government of Paki- youths; the bill S. 4, supra; which was ordered to lie stan to dismantle existing proliferation net- Whereas more than 700 communities in 40 on the table. works and prevent nuclear proliferation; States make the Safe Place program avail- SA 381. Mr. INHOFE (for himself, Mr. (D) to work to facilitate the peaceful reso- able at nearly 16,000 locations; BUNNING, and Mr. VOINOVICH) submitted an lution of all bilateral disputes between Paki- Whereas more than 200,000 youths have amendment intended to be proposed to stan and its neighboring countries; gone to Safe Place locations to get help amendment SA 275 proposed by Mr. REID (for (E) to encourage the transition in Pakistan when faced with crisis situations and have himself, Mr. LIEBERMAN, and Ms. COLLINS) to to a fully democratic system of governance; received counseling by phone as a result of the bill S. 4, supra; which was ordered to lie and Safe Place information the youths received on the table. (F) to implement a robust aid strategy at school; SA 382. Mr. SESSIONS (for himself, Ms. that supports programs in Pakistan related Whereas, through the efforts of Safe Place LANDRIEU, Mr. GRASSLEY, and Mr. VITTER) to education, governance, rule of law, wom- coordinators across the United States, each submitted an amendment intended to be pro- en’s rights, medical access, and infrastruc- year more than 500,000 students learn in a posed to amendment SA 275 proposed by Mr. ture development; and classroom presentation that the Safe Place REID (for himself, Mr. LIEBERMAN, and Ms. (2) the determination of appropriate levels program is a resource they can turn to if COLLINS) to the bill S. 4, supra; which was or- of United States military assistance to Paki- they encounter an abusive or neglectful situ- dered to lie on the table. stan should be guided by demonstrable ation, and 1,000,000 Safe Place information SA 383. Mr. BIDEN proposed an amend- progress by the Government of Pakistan in— cards are distributed; and ment to amendment SA 275 proposed by Mr.

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REID (for himself, Mr. LIEBERMAN, and Ms. of the Millennium Challenge Account goals On page 361, after line 20, insert the fol- COLLINS) to the bill S. 4, supra. of political and economic reforms by devel- lowing: SA 384. Mr. BIDEN proposed an amend- oping nations in three areas: ruling justly, SEC. 1385. COORDINATION OF EVACUATION AND ment to amendment SA 275 proposed by Mr. investing in people, and fostering economic SHELTERING PLANS. REID (for himself, Mr. LIEBERMAN, and Ms. freedom. (a) REGIONAL EVACUATION PLANS.— COLLINS) to the bill S. 4, supra. (c) COMPREHENSIVE STRATEGY.— (1) IN GENERAL.—Not later than 90 days SA 385. Mr. BOND (for himself and Mr. (1) STRATEGY REQUIRED.—The President, after the date of the enactment of this Act, ROCKEFELLER) submitted an amendment in- acting through the Secretary of State and in the Secretary, using the findings contained tended to be proposed by him to the bill S. 4, consultation with the heads of other appro- in the report analyzing catastrophic hurri- supra; which was ordered to lie on the table. priate departments and agencies of the Gov- cane evacuation plans, which was submitted SA 386. Mr. GRASSLEY submitted an ernment of the United States, international to Congress pursuant to section 10204(d) of amendment intended to be proposed to organizations, international financial insti- SAFETEA–LU (Public Law 109–59), in co- amendment SA 275 proposed by Mr. REID (for tutions, the governments of developing and operation with the Secretary of Transpor- himself, Mr. LIEBERMAN, and Ms. COLLINS) to developed countries, United States and inter- tation and the Secretary of Defense, and in the bill S. 4, supra; which was ordered to lie national nongovernmental organizations, coordination with the plans established pur- on the table. civil society organizations, and other appro- suant to subsection (b), shall establish, and SA 387. Mr. PRYOR submitted an amend- priate entities, shall develop and implement submit to Congress, regional evacuation ment intended to be proposed to amendment a comprehensive strategy to further the plans that— SA 275 proposed by Mr. REID (for himself, Mr. United States foreign policy objective of pro- (A) are nationally coordinated; LIEBERMAN, and Ms. COLLINS) to the bill S. 4, moting the reduction of global poverty, and (B) incorporate all modes of transpor- supra; which was ordered to lie on the table. the achievement of the Millennium Chal- tation, including interstate rail, commercial SA 388. Mr. PRYOR submitted an amend- lenge Account goals of political and eco- rail, commercial air, military air, and com- ment intended to be proposed to amendment nomic reforms by developing nations in mercial bus; and SA 275 proposed by Mr. REID (for himself, Mr. three areas: ruling justly, investing in peo- (C) clearly define the roles and responsibil- LIEBERMAN, and Ms. COLLINS) to the bill S. 4, ple, and fostering economic freedom. ities that each Federal, State, or local gov- supra; which was ordered to lie on the table. ernment agency should undertake to prepare Mr. COBURN submitted an SA 389. Mr. BOND (for himself, Mr. ROCKE- SA 374. for major evacuations. FELLER, Mr. WARNER, and Mr. BURR) pro- amendment intended to be proposed to (2) PROVISION OF EVACUATION AND SHEL- posed an amendment to amendment SA 275 amendment SA 343 submitted by Ms. TERING SERVICES.—The Director of the Fed- proposed by Mr. REID (for himself, Mr. CANTWELL (for herself, Mr. DODD, and eral Emergency Management Agency, in co- LIEBERMAN, and Ms. COLLINS) to the bill S. 4, Mr. FEINGOLD) and intended to be pro- ordination with States, units of local govern- supra. posed to the bill S. 4, to make the ment, nonprofit organization, and other pri- SA 390. Mrs. FEINSTEIN submitted an United States more secure by imple- vate entities, shall be prepared to provide re- gionally-coordinated evacuation and shel- amendment intended to be proposed by her menting unfinished recommendations to the bill S. 4, supra; which was ordered to tering services for individuals affected by lie on the table. of the 9/11 Commission to fight the war large-scale disasters. SA 391. Mr. LIEBERMAN (for himself and on terror more effectively, to improve (b) REGIONAL SHELTERING PLANS.—Not Ms. COLLINS) submitted an amendment in- homeland security, and for other pur- later than 90 days after the date of the enact- tended to be proposed to amendment SA 275 poses; which was ordered to lie on the ment of this Act, the Secretary, using the proposed by Mr. REID (for himself, Mr. table; as follows: findings described in subsection (a), in co- LIEBERMAN, and Ms. COLLINS) to the bill S. 4, operation with the Secretary of Transpor- Beginning on page 2 of the amendment, tation and the Secretary of Health and supra; which was ordered to lie on the table. strike line 12 and all that follows through SA 392. Mr. AKAKA submitted an amend- Human Services, and in coordination with page 3, line 11, and insert the following: the plans established pursuant to subsection ment intended to be proposed to amendment (b) DECLARATION OF POLICY.—It is the pol- (a), shall— SA 275 proposed by Mr. REID (for himself, Mr. icy of the United States to promote the re- (1) establish, and submit to Congress, re- LIEBERMAN, and Ms. COLLINS) to the bill S. 4, duction of global poverty, the elimination of gional sheltering plans that— supra; which was ordered to lie on the table. extreme global poverty, and the achievement (A) are nationally coordinated; and SA 393. Ms. CANTWELL (for herself, Mr. of the Millennium Challenge Account goals (B) identify regional and national shelters DODD, Mr. FEINGOLD, Mr. BROWNBACK, Mr. of political and economic reforms by devel- capable of housing evacuees and victims of a LUGAR, and Mr. KERRY) submitted an amend- oping nations in three areas: ruling justly, catastrophic natural disaster or terrorist at- ment intended to be proposed by her to the investing in people, and fostering economic tack in any part of the country; and bill S. 4, supra; which was ordered to lie on freedom. (2) develop a national sheltering database the table. (c) COMPREHENSIVE STRATEGY.— that can be shared with States and units of SA 394. Mr. CARDIN submitted an amend- (1) STRATEGY REQUIRED.—The President, local government during a catastrophic ment intended to be proposed to amendment acting through the Secretary of State and in event. SA 275 proposed by Mr. REID (for himself, Mr. consultation with the heads of other appro- (c) RULEMAKING.—Not later than 90 days LIEBERMAN, and Ms. COLLINS) to the bill S. 4, priate departments and agencies of the Gov- after the evacuation and sheltering plans are supra; which was ordered to lie on the table. ernment of the United States, international submitted under this section, the Secretary, SA 395. Mr. COLEMAN submitted an organizations, international financial insti- the Secretary of Transportation, the Sec- amendment intended to be proposed by him tutions, the governments of developing and retary of Defense, and the Secretary of to the bill S. 4, supra; which was ordered to developed countries, United States and inter- Health and Human Services, shall— lie on the table. national nongovernmental organizations, (1) issue regulations to implement the f civil society organizations, and other appro- plans established pursuant to subsections (a) priate entities, shall develop and implement and (b); and TEXT OF AMENDMENTS a comprehensive strategy to further the (2) recommend legislation to facilitate the SA 373. Mr. COBURN submitted an United States foreign policy objective of pro- implementation of such plans. moting the reduction of global poverty, the (d) COST-BENEFIT ANALYSIS.— amendment intended to be proposed to elimination of extreme global poverty, and amendment SA 343 submitted by Ms. (1) IN GENERAL.—The Secretary, in con- the achievement of the Millennium Chal- sultation with the Secretary of Transpor- CANTWELL (for herself, Mr. DODD, and lenge Account goals of political and eco- tation, shall conduct an analysis comparing Mr. FEINGOLD) and intended to be pro- nomic reforms by developing nations in the costs and benefits of evacuating the peo- posed to the bill S. 4, to make the three areas: ruling justly, investing in peo- ple of New Orleans during a natural disaster United States more secure by imple- ple, and fostering economic freedom. or terrorist attack compared to the costs menting unfinished recommendations and benefits of sheltering such people. SA 375. Ms. LANDRIEU submitted an of the 9/11 Commission to fight the war (2) CONSIDERATIONS.—In conducting the amendment intended to be proposed to analysis under paragraph (1), the Secretaries on terror more effectively, to improve amendment SA 275 proposed by Mr. homeland security, and for other pur- shall consider— REID (for himself, Mr. LIEBERMAN, and (A) the 20,000 to 30,000 people in New Orle- poses; which was ordered to lie on the Ms. COLLINS) to the bill S. 4, to make ans with special needs; and table; as follows: the United States more secure by im- (B) the absence of shelters in Orleans Par- Beginning on page 2 of the amendment, plementing unfinished recommenda- ish. strike line 12 and all that follows through tions of the 9/11 Commission to fight (3) TECHNICAL ASSISTANCE.—The Secretary page 3, line 11, and insert the following: and the Secretary of Transportation shall (b) DECLARATION OF POLICY.—It is the pol- the war on terror more effectively, to provide technical assistance to State and icy of the United States to promote the re- improve homeland security, and for units of local government that are estab- duction of global poverty, the elimination of other purposes; which was ordered to lishing evacuation and sheltering plans, extreme global poverty, and the achievement lie on the table; as follows: which identify and utilize regional shelters,

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.082 SWEST PsN: S07MRPT1 S2826 CONGRESSIONAL RECORD — SENATE March 7, 2007 manpower, logistics, physical facilities, and ‘‘(4) completes, mails, prepares, presents, SEC. ll14. MISUSE OF A PASSPORT. modes of transportation to be used to evac- signs, or submits 10 or more applications for Section 1544 of title 18, United States Code, uate and shelter large groups of people. a United States passport, knowing the appli- is amended to read as follows: cations to contain any false statement or ‘‘§ 1544. Misuse of a passport SA 376. Ms. LANDRIEU submitted an representation, ‘‘Any person who knowingly— amendment intended to be proposed to shall be fined under this title, imprisoned ‘‘(1) uses any passport issued or designed amendment SA 275 proposed by Mr. not more than 20 years, or both. for the use of another; REID (for himself, Mr. LIEBERMAN, and ‘‘(b) PASSPORT MATERIALS.—Any person ‘‘(2) uses any passport in violation of the who knowingly and without lawful authority Ms. COLLINS) to the bill S. 4, to make conditions or restrictions therein contained, produces, buys, sells, possesses, or uses any or in violation of the laws, regulations, or the United States more secure by im- official material (or counterfeit of any offi- plementing unfinished recommenda- rules governing the issuance and use of the cial material) used to make a passport, in- passport; tions of the 9/11 Commission to fight cluding any distinctive paper, seal, ‘‘(3) secures, possesses, uses, receives, buys, the war on terror more effectively, to hologram, image, text, symbol, stamp, en- sells, or distributes any passport knowing it improve homeland security, and for graving, or plate, shall be fined under this to be forged, counterfeited, altered, falsely other purposes; which was ordered to title, imprisoned not more than 20 years, or made, procured by fraud, or produced or lie on the table; as follows: both.’’. issued without lawful authority; or SEC. ll12. FALSE STATEMENT IN AN APPLICA- At the end of title XV, add the following: ‘‘(4) violates the terms and conditions of TION FOR A PASSPORT. any safe conduct duly obtained and issued SEC. llll. ASSISTANCE FOR CERTAIN PUBLIC Section 1542 of title 18, United States Code, under the authority of the United States, FACILITIES DAMAGED AS A RESULT is amended to read as follows: OF HURRICANE KATRINA OR HURRI- shall be fined under this title, imprisoned CANE RITA. ‘‘§ 1542. False statement in an application for not more than 15 years, or both.’’. The Administrator of the Federal Emer- a passport SEC. ll15. ATTEMPTS AND CONSPIRACIES. gency Management Agency shall make a ‘‘(a) IN GENERAL.—Whoever knowingly Section 1545 of title 18, United States Code, contribution of funds under section 406 of the makes any false statement or representation is amended to read as follows: in an application for a United States pass- Robert T. Stafford Disaster Relief and Emer- ‘‘§ 1545. Attempts and conspiracies gency Assistance Act (42 U.S.C. 5172) to a port, or mails, prepares, presents, or signs an application for a United States passport ‘‘Any person who attempts or conspires to State or local government for the replace- violate any section of this chapter shall be ment of a public facility, if— knowing the application to contain any false statement or representation, shall be fined punished in the same manner as a person (1) that facility was damaged as a result of who completed a violation of that section.’’. Hurricane Katrina or Hurricane Rita; under this title, imprisoned not more than 15 SEC. ll16. IMMIGRATION AND VISA FRAUD. (2) based on a cost estimate provided by years, or both. ‘‘(b) VENUE.— Section 1546 of title 18, United States Code, the Federal Emergency Management Agency is amended to read as follows: to that State or local government, the ex- ‘‘(1) IN GENERAL.—An offense under sub- tent of the damage would require the re- section (a) may be prosecuted in any dis- ‘‘§ 1546. Immigration and visa fraud placement of that facility, instead of the re- trict— ‘‘(a) IN GENERAL.—Any person who know- pair, restoration, or reconstruction of that ‘‘(A) in which the false statement or rep- ingly— facility; resentation was made or the application for ‘‘(1) uses any immigration document issued (3) that State or local government acquired a United States passport was prepared or or designed for the use of another; real property for the purpose of the replace- signed; or ‘‘(2) forges, counterfeits, alters, or falsely ment of that facility based on reasonable re- ‘‘(B) in which or to which the application makes any immigration document; liance on the cost estimate described under was mailed or presented. ‘‘(3) completes, mails, prepares, presents, paragraph (2); and ‘‘(2) ACTS OCCURRING OUTSIDE THE UNITED signs, or submits any immigration document (4) such funds would otherwise be available STATES.—An offense under subsection (a) in- knowing it to contain any materially false to that State or local government for that volving an application for a United States statement or representation; facility in accordance with that Act. passport prepared and adjudicated outside ‘‘(4) secures, possesses, uses, transfers, re- the United States may be prosecuted in the ceives, buys, sells, or distributes any immi- SA 377. Mrs. FEINSTEIN (for herself district in which the resultant passport was gration document knowing it to be forged, or would have been produced. ESSIONS counterfeited, altered, falsely made, stolen, and Mr. S ) submitted an ‘‘(c) SAVINGS CLAUSE.—Nothing in this sec- amendment intended to be proposed by procured by fraud, or produced or issued tion may be construed to limit the venue without lawful authority; her to the bill S. 4, to make the United otherwise available under sections 3237 and ‘‘(5) adopts or uses a false or fictitious States more secure by implementing 3238 of this title.’’. name to evade or to attempt to evade the unfinished recommendations of the 9/11 SEC. ll13. FORGERY AND UNLAWFUL PRODUC- immigration laws; or Commission to fight the war on terror TION OF A PASSPORT. ‘‘(6) transfers or furnishes, without lawful more effectively, to improve homeland Section 1543 of title 18, United States Code, authority, an immigration document to an- is amended to read as follows: security, and for other purposes; which other person for use by a person other than was ordered to lie on the table; as fol- ‘‘§ 1543. Forgery and unlawful production of a the person for whom the document was passport lows: issued or designed, ‘‘(a) FORGERY.—Any person who know- shall be fined under this title, imprisoned At the end, add the following: ingly— not more than 15 years, or both. TITLE ll—VISA AND PASSPORT ‘‘(1) forges, counterfeits, alters, or falsely ‘‘(b) TRAFFICKING.—Any person who, during SECURITY makes any passport; or any period of 3 years or less, knowingly— SEC. ll01. SHORT TITLE. ‘‘(2) transfers any passport knowing it to ‘‘(1) and without lawful authority pro- This title may be cited as the ‘‘Passport be forged, counterfeited, altered, falsely duces, issues, or transfers 10 or more immi- and Visa Security Act of 2007’’. made, stolen, or to have been produced or gration documents; issued without lawful authority, Subtitle A—Reform of Passport Fraud ‘‘(2) forges, counterfeits, alters, or falsely Offenses shall be fined under this title, imprisoned makes 10 or more immigration documents; not more than 15 years, or both. ‘‘(3) secures, possesses, uses, buys, sells, or SEC. ll11. TRAFFICKING IN PASSPORTS. ‘‘(b) UNLAWFUL PRODUCTION.—Any person distributes 10 or more immigration docu- Section 1541 of title 18, United States Code, who knowingly and without lawful author- ments, knowing the immigration documents is amended to read as follows: ity— to be forged, counterfeited, altered, stolen, ‘‘§ 1541. Trafficking in passports ‘‘(1) produces, issues, authorizes, or verifies falsely made, procured by fraud, or produced ‘‘(a) MULTIPLE PASSPORTS.—Any person a passport in violation of the laws, regula- or issued without lawful authority; or who, during any period of 3 years or less, tions, or rules governing the issuance of the ‘‘(4) completes, mails, prepares, presents, knowingly— passport; signs, or submits 10 or more immigration ‘‘(1) and without lawful authority pro- ‘‘(2) produces, issues, authorizes, or verifies documents knowing the documents to con- duces, issues, or transfers 10 or more pass- a United States passport for or to any person tain any materially false statement or rep- ports; knowing or in reckless disregard of the fact resentation, ‘‘(2) forges, counterfeits, alters, or falsely that such person is not entitled to receive a shall be fined under this title, imprisoned makes 10 or more passports; passport; or not more than 20 years, or both. ‘‘(3) secures, possesses, uses, receives, buys, ‘‘(3) transfers or furnishes a passport to ‘‘(c) IMMIGRATION DOCUMENT MATERIALS.— sells, or distributes 10 or more passports, any person for use by any person other than Any person who knowingly and without law- knowing the passports to be forged, counter- the person for whom the passport was issued ful authority produces, buys, sells, possesses, feited, altered, falsely made, stolen, procured or designed, or uses any official material (or counterfeit by fraud, or produced or issued without law- shall be fined under this title, imprisoned of any official material) used to make immi- ful authority; or not more than 15 years, or both.’’. gration documents, including any distinctive

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.084 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2827 paper, seal, hologram, image, text, symbol, mitted in support of an application for a Commission shall promulgate or amend the stamp, engraving, or plate, shall be fined United States passport. sentencing guidelines, policy statements, under this title, imprisoned not more than 20 ‘‘(2) The term ‘false statement or represen- and official commentaries related to pass- years, or both. tation’ includes a personation or an omis- port fraud offenses, including the offenses ‘‘(d) EMPLOYMENT DOCUMENTS.—Whoever sion. described in chapter 75 of title 18, United uses— ‘‘(3) The term ‘immigration document’— States Code, as amended by section 2, to re- ‘‘(1) an identification document, knowing ‘‘(A) means any application, petition, affi- flect the serious nature of such offenses. (or having reason to know) that the docu- davit, declaration, attestation, form, visa, (b) REPORT.—Not later than one year after ment was not issued lawfully for the use of identification card, alien registration docu- the date of the enactment of this Act, the the possessor; ment, employment authorization document, United States Sentencing Commission shall ‘‘(2) an identification document knowing border crossing card, certificate, permit, submit to the Committee on the Judiciary of (or having reason to know) that the docu- order, license, stamp, authorization, grant of the Senate and the Committee on the Judici- ment is false; or authority, or other official document, aris- ary of the House of Representatives a report ‘‘(3) a false attestation, ing under or authorized by the immigration on the implementation of this section. for the purpose of satisfying a requirement laws of the United States; and SEC. ll22. RELEASE AND DETENTION PRIOR TO of section 274A(b) of the Immigration and ‘‘(B) includes any document, photograph, DISPOSITION. Nationality Act (8 U.S.C. 1324a(b)), shall be or other piece of evidence attached to or sub- (a) DETENTION.—Section 3142(e) of title 18, fined under this title, imprisoned not more mitted in support of an immigration docu- United States Code, is amended to read as than 5 years, or both.’’. ment described in subparagraph (A). follows: ETENTION SEC. ll17. ALTERNATIVE IMPRISONMENT MAX- ‘‘(4) The term ‘immigration laws’ in- ‘‘(e) D .—(1) If, after a hearing pur- IMUM FOR CERTAIN OFFENSES. cludes— suant to the provisions of subsection (f) of Section 1547 of title 18, United States Code, ‘‘(A) the laws described in section 101(a)(17) this section, the judicial officer finds that no is amended— of the Immigration and Nationality Act (8 condition or combination of conditions will (1) in the matter preceding paragraph (1), U.S.C. 1101(a)(17)); reasonably assure the appearance of the per- by striking ‘‘(other than an offense under ‘‘(B) the laws relating to the issuance and son as required and the safety of any other section 1545)’’; use of passports; and person and the community, such judicial of- (2) in paragraph (1), by striking ‘‘15’’ and ‘‘(C) the regulations prescribed under the ficer shall order the detention of the person inserting ‘‘20’’; and authority of any law described in subpara- before trial. ‘‘(2) In a case described in subsection (f)(1) (3) in paragraph (2), by striking ‘‘20’’ and graph (A) or (B). of this section, a rebuttable presumption inserting ‘‘25’’. ‘‘(5) A person does not exercise ‘lawful au- arises that no condition or combination of thority’ if the person abuses or improperly SEC. ll18. ATTEMPTS, CONSPIRACIES, JURIS- conditions will reasonably assure the safety DICTION, AND DEFINITIONS. exercises lawful authority the person other- of any other person and the community if Chapter 75 of title 18, United States Code, wise holds. such judicial officer finds that— is amended by adding after section 1547 the ‘‘(6) The term ‘passport’ means— ‘‘(A) the person has been convicted of a following new sections: ‘‘(A) a travel document attesting to the Federal offense that is described in sub- identity and nationality of the bearer that is ‘‘§ 1548. Additional jurisdiction section (f)(1) of this section, or of a State or issued under the authority of the Secretary ‘‘(a) IN GENERAL.—Any person who com- local offense that would have been an offense of State, a foreign government, or an inter- mits an offense under this chapter within the described in subsection (f)(1) of this section national organization; or special maritime and territorial jurisdiction if a circumstance giving rise to Federal ju- ‘‘(B) any instrument purporting to be a of the United States shall be punished as risdiction had existed; document described in subparagraph (A). provided under this chapter. ‘‘(B) the offense described in subparagraph ‘‘(7) The term ‘produce’ means to make, ‘‘(b) EXTRATERRITORIAL JURISDICTION.—Any (A) of this paragraph was committed while prepare, assemble, issue, print, authenticate, person who commits an offense under this the person was on release pending trial for a or alter. chapter outside the United States shall be Federal, State, or local offense; and ‘‘(8) The term ‘to present’ means to offer or punished as provided under this chapter if— ‘‘(C) a period of not more than five years submit for official processing, examination, ‘‘(1) the offense involves a United States has elapsed since the date of conviction, or or adjudication. Any such presentation con- passport or immigration document (or any the release of the person from imprisonment, tinues until the official processing, examina- document purporting to be such a document) for the offense described in subparagraph (A) tion, or adjudication is complete. or any matter, right, or benefit arising under of this paragraph, whichever is later. ‘‘(9) The ‘use’ of a passport or an immigra- or authorized by Federal immigration laws; ‘‘(3) Subject to rebuttal by the person, it tion document referred to in section 1541(a), ‘‘(2) the offense is in or affects foreign com- shall be presumed that no condition or com- 1543(b), 1544, 1546(a), and 1546(b) of this chap- merce; bination of conditions will reasonably assure ter includes— ‘‘(3) the offense affects, jeopardizes, or the appearance of the person as required and ‘‘(A) any officially authorized use; poses a significant risk to the lawful admin- the safety of the community if the judicial ‘‘(B) use to travel; istration of Federal immigration laws, or the officer finds that there is probable cause to ‘‘(C) use to demonstrate identity, resi- national security of the United States; believe that the person committed an offense dence, nationality, citizenship, or immigra- ‘‘(4) the offense is committed to facilitate for which a maximum term of imprisonment tion status; an act of international terrorism (as defined of ten years or more is prescribed in the Con- ‘‘(D) use to seek or maintain employment; in section 2331) or a drug trafficking crime trolled Substances Act (21 U.S.C. 801 et seq.), or (as defined in section 929(a)(2)) that affects the Controlled Substances Import and Ex- ‘‘(E) use in any matter within the jurisdic- or would affect the national security of the port Act (21 U.S.C. 951 et seq.), or chapter 705 tion of the Federal government or of a State United States; of title 46, an offense under section 924(c), government.’’. ‘‘(5) the offender is a national of the United 956(a), or 2332b of this title, or an offense list- States or an alien lawfully admitted for per- SEC. ll19. CLERICAL AMENDMENT. ed in section 2332b(g)(5)(B) of this title for manent residence (as those terms are defined The table of sections for chapter 75 of title which a maximum term of imprisonment of in section 101(a) of the Immigration and Na- 18, United States Code, is amended to read as 10 years or more is prescribed, or an offense tionality Act (8 U.S.C. 1101(a))); or follows: involving a minor victim under section 1201, ‘‘(6) the offender is a stateless person ‘‘Sec. 1541. Trafficking in passports. 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 2251A, whose habitual residence is in the United ‘‘Sec. 1542. False statement in an applica- 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), States. tion for a passport. 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, ‘‘§ 1549. Authorized law enforcement activi- ‘‘Sec. 1543. Forgery and unlawful production 2422, 2423, or 2425 of this title. ties of a passport. ‘‘(4) Subject to rebuttal by the person, it ‘‘Sec. 1544. Misuse of a passport. shall be presumed that no condition or com- ‘‘Nothing in this chapter shall prohibit any ‘‘Sec. 1545. Attempts and conspiracies. bination of conditions will reasonably assure lawfully authorized investigative, protec- ‘‘Sec. 1546. Immigration and visa fraud. the appearance of the person as required if tive, or intelligence activity of a law en- ‘‘Sec. 1547. Alternative imprisonment max- the judicial officer finds that there is prob- forcement agency of the United States, a imum for certain offenses. able cause to believe that the person— State, or a political subdivision of a State, ‘‘Sec. 1548. Additional jurisdiction. ‘‘(A) is an alien; and or an intelligence agency of the United ‘‘Sec. 1549. Authorized law enforcement ac- ‘‘(B)(i) has no lawful immigration status in States, or any activity authorized under tivities. the United States; title V of the Organized Crime Control Act of ‘‘Sec. 1550. Definitions.’’. ‘‘(ii) is the subject of a final order of re- 1970 (Public Law 91–452; 84 Stat. 933). Subtitle B—Other Reforms moval; or ‘‘§ 1550. Definitions SEC. ll21. DIRECTIVE TO THE UNITED STATES ‘‘(iii) has committed a felony offense under ‘‘As used in this chapter: SENTENCING COMMISSION. chapter 75 of this title.’’. ‘‘(1) The term ‘application for a United (a) IN GENERAL.—Pursuant to the author- (b) FACTORS TO BE CONSIDERED.—Section States passport’ includes any document, pho- ity under section 994 of title 28, United 3142(g)(3) of title 18, United States Code, is tograph, or other piece of evidence sub- States Code, the United States Sentencing amended—

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.086 SWEST PsN: S07MRPT1 S2828 CONGRESSIONAL RECORD — SENATE March 7, 2007 (1) in subparagraph (A), by striking ‘‘and’’ Commission to fight the war on terror SA 379. Mr. GRASSLEY submitted an at the end; and more effectively, to improve homeland amendment intended to be proposed to (2) by adding at the end the following new security, and for other purposes; which amendment SA 272 proposed by Mr. AL- subparagraph: was ordered to lie on the table; as fol- LARD to the amendment SA 275 pro- ‘‘(C) the person’s immigration status; posed by Mr. REID (for himself, Mr. and’’. lows: LIEBERMAN, and Ms. COLLINS) to the SEC. ll23. PROTECTION FOR LEGITIMATE REF- At the end of title XV, add the following UGEES AND ASYLUM SEEKERS. new section: bill S. 4, to make the United States (a) PROTECTION FOR LEGITIMATE REFUGEES more secure by implementing unfin- SEC. 1505. SENSE OF CONGRESS ON MILITARY AS- AND ASYLUM SEEKERS.—The Attorney Gen- ished recommendations of the 9/11 SISTANCE TO PAKISTAN. eral, in consultation with the Secretary of Commission to fight the war on terror Homeland Security, shall develop binding (a) FINDINGS.—Congress makes the fol- more effectively, to improve homeland prosecution guidelines for Federal prosecu- lowing findings: security, and for other purposes; which tors to ensure that any prosecution of an (1) A democratic, stable, and prosperous Pakistan that is a full and reliable partner was ordered to lie on the table; as fol- alien seeking entry into the United States lows: by fraud is consistent with the United States in the struggle against Al Qaeda and the treaty obligations under Article 31(1) of the Taliban and a responsible steward of its nu- In lieu of the matter proposed to be in- serted, insert the following: Convention Relating to the Status of Refu- clear weapons and technology is vital to the gees, done at Geneva July 28, 1951 (as made national security of the United States and to SEC. lll. DISCLOSURE OF CERTAIN TAXPAYER combating international terrorism. INFORMATION TO ASSIST IN IMMI- applicable by the Protocol Relating to the GRATION ENFORCEMENT. Status of Refugees, done at New York Janu- (2) Since September 11, 2001, Pakistan has been an important partner in removing the (a) DISCLOSURE OF CERTAIN TAXPAYER IDEN- ary 31, 1967 (19 UST 6223)). TITY INFORMATION.— Taliban regime in Afghanistan and com- (b) NO PRIVATE RIGHT OF ACTION.—The (1) IN GENERAL.—Section 6103(l) of the In- bating Al Qaeda and international terrorism, guidelines required by subsection (a), and ternal Revenue Code of 1986 is amended by engaging in operations that have led to the any internal office procedures adopted pur- adding at the end the following new para- deaths of hundreds of Pakistani security per- suant thereto, are intended solely for the graph: sonnel and enduring acts of terrorism and guidance of attorneys for the United States. ‘‘(21) DISCLOSURE OF CERTAIN TAXPAYER sectarian violence that have killed many in- This section, such guidelines, and the proc- IDENTITY INFORMATION BY SOCIAL SECURITY nocent civilians. ess for determining such guidelines are not ADMINISTRATION TO DEPARTMENT OF HOME- (3) Senior United States military and intel- intended to, do not, and may not be relied LAND SECURITY.— ligence officials have stated that the Taliban upon to create any right or benefit, sub- ‘‘(A) IN GENERAL.—From taxpayer identity and Al Qaeda have established critical sanc- stantive or procedural, enforceable at law by information which has been disclosed or oth- tuaries in Pakistan from where Al Qaeda is any party in any administrative, civil, or erwise made available to the Social Security rebuilding its global terrorist network and criminal matter Administration and upon written request by Taliban forces are crossing into Afghanistan SEC. ll24. DIPLOMATIC SECURITY SERVICE. the Secretary of Homeland Security (in this and attacking Afghan, US, and International Section 37(a)(1) of the State Department paragraph referred to as the ‘Secretary’), the Security Assistance Force (ISAF) personnel. Basic Authorities Act of 1956 (22 U.S.C. Commissioner of Social Security shall dis- 2709(a)(1)) is amended to read as follows: (b) STATEMENT OF POLICY.—It is the policy close directly to officers, employees, and ‘‘(1) conduct investigations concerning— of the United States— contractors of the Department of Homeland ‘‘(A) illegal passport or visa issuance or (1) to maintain and deepen its long-term Security— use; strategic partnership with Pakistan; ‘‘(i) the taxpayer identity of each person ‘‘(B) identity theft or document fraud af- (2) to work with the Government of Paki- who has filed an information return required fecting or relating to the programs, func- stan to combat international terrorism and by reason of section 6051 after calendar year tions, and authorities of the Department of to end the use of Pakistani territory as a 2005 and before the date specified in subpara- State; safe haven for Al Qaeda, the Taliban, and as- graph (D) which contains— ‘‘(C) violations of chapter 77 of title 18, sociated terrorist organizations, including ‘‘(I) 1 (or any greater number the Secretary United States Code; and through the integration and development of shall request) name and taxpayer identifying ‘‘(D) Federal offenses committed within the Federally Administered Tribal Areas number of any employee (within the mean- the special maritime and territorial jurisdic- (FATA); ing of such section) that did not match the tion defined in paragraph (9) of section 7 of (3) to work with the Government of Paki- records maintained by the Commissioner of title 18, United States Code;’’. stan to dismantle existing proliferation net- Social Security, or SEC. ll25. UNIFORM STATUTE OF LIMITATIONS works and prevent nuclear proliferation; ‘‘(II) 2 (or any greater number the Sec- FOR CERTAIN IMMIGRATION, PASS- (4) to work to facilitate the peaceful reso- retary shall request) names of employees PORT, AND NATURALIZATION OF- lution of all bilateral disputes between Paki- (within the meaning of such section) with FENSES. stan and its neighboring countries; the same taxpayer identifying number, (a) IN GENERAL.—Section 3291 of title 18, (5) to encourage the transition in Pakistan and the taxpayer identity of each such em- United States Code, is amended to read as to a fully democratic system of governance; ployee, and follows: and ‘‘(ii) the taxpayer identity of each person ‘‘§ 3291. Immigration, passport, and natu- (6) to implement a robust aid strategy that who has filed an information return required ralization offenses supports programs in Pakistan related to by reason of section 6051 after calendar year ‘‘No person shall be prosecuted, tried, or education, governance, rule of law, women’s 2005 and before the date specified in subpara- punished for a violation of any section of rights, medical access, and infrastructure de- graph (D) which contains the taxpayer iden- chapters 69 (relating to nationality and citi- velopment. tifying number (assigned under section 6109) zenship offenses) or 75 (relating to passport (c) SENSE OF CONGRESS.—It is the sense of of an employee (within the meaning of sec- and visa offenses) of this title, or for an at- Congress that the determination of appro- tion 6051)— tempt or conspiracy to violate any such sec- priate levels of United States military as- ‘‘(I) who is under the age of 14 (or any less- tion, unless the indictment is returned or sistance to Pakistan should be guided by de- er age the Secretary shall request), accord- the information is filed within ten years monstrable progress by the Government of ing to the records maintained by the Com- after the commission of the offense.’’. Pakistan in— missioner of Social Security, (b) CLERICAL AMENDMENT.—The table of (1) preventing Al Qaeda and associated ter- ‘‘(II) whose date of death, according to the sections for chapter 213 of title 18, United rorist organizations from operating in the records so maintained, occurred in a cal- States Code, is amended by striking the item territory of Pakistan, including by elimi- endar year preceding the calendar year for relating to section 3291 and inserting the fol- nating terrorist training camps or facilities, which the information return was filed, lowing: arresting members of Al Qaeda and associ- ‘‘(III) whose taxpayer identifying number ‘‘3291. Immigration, passport, and natu- ated terrorist organizations, and countering is contained in more than one (or any great- ralization offenses’’. recruitment efforts; er number the Secretary shall request) infor- (2) preventing the Taliban from using the mation return filed in such calendar year, or SA 378. Mr. KERRY (for himself, Mr. territory of Pakistan as a sanctuary from ‘‘(IV) who is not authorized to work in the DODD, Mr. BIDEN, and Mr. LEAHY) sub- which to launch attacks within Afghanistan, United States, according to the records mitted an amendment intended to be including by arresting Taliban leaders, stop- maintained by the Commissioner of Social proposed to amendment SA 275 pro- ping cross-border incursions, and countering Security, recruitment efforts; and and the taxpayer identity of each such em- posed by Mr. REID (for himself, Mr. (3) implementing democratic reforms, in- ployee. IEBERMAN OLLINS L , and Ms. C ) to the cluding by allowing free, fair, and inclusive ‘‘(B) RESTRICTION ON DISCLOSURE.—The bill S. 4, to make the United States elections at all levels of government in ac- Commissioner of Social Security shall dis- more secure by implementing unfin- cordance with internationally recognized close taxpayer identity information under ished recommendations of the 9/11 democratic norms. subparagraph (A) only for purposes of, and to

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.086 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2829 the extent necessary to assist the Secretary sponsibilities in the amendments made by ‘‘(ii) the taxpayer identity of each person in— subsection (a), but only to the extent the who has filed an information return required ‘‘(i) carrying out, including through civil Secretary of Homeland Security has pro- by reason of section 6051 after calendar year administrative and civil judicial pro- vided, in advance, funds to cover the Com- 2005 and before the date specified in subpara- ceedings, of sections 212, 217, 235, 237, 238, missioner’s full costs in carrying out such graph (D) which contains the taxpayer iden- 274A, 274B, and 274C of the Immigration and responsibilities. In no case shall funds from tifying number (assigned under section 6109) Nationality Act, and the Federal Old-Age and Survivors Insurance of an employee (within the meaning of sec- ‘‘(ii) the civil operation of the Alien Ter- Trust Fund or the Federal Disability Insur- tion 6051)— rorist Removal Court. ance Trust Fund be used to carry out such ‘‘(I) who is under the age of 14 (or any less- ‘‘(C) REIMBURSEMENT.—The Commissioner responsibilities. er age the Secretary shall request), accord- of Social Security shall prescribe a reason- (c) REPEAL OF REPORTING REQUIREMENTS.— ing to the records maintained by the Com- able fee schedule for furnishing taxpayer (1) REPORT ON EARNINGS OF ALIENS NOT AU- identity information under this paragraph THORIZED TO WORK.—Subsection (c) of section missioner of Social Security, and collect such fees in advance from the 290 of the Immigration and Nationality Act ‘‘(II) whose date of death, according to the Secretary. (8 U.S.C. 1360) is repealed. records so maintained, occurred in a cal- ‘‘(D) TERMINATION.—This paragraph shall (2) REPORT ON FRAUDULENT USE OF SOCIAL endar year preceding the calendar year for not apply to any request made after the date SECURITY ACCOUNT NUMBERS.—Subsection (b) which the information return was filed, which is 3 years after the date of the enact- of section 414 of the Illegal Immigration Re- ‘‘(III) whose taxpayer identifying number ment of this paragraph.’’. form and Immigrant Responsibility Act of is contained in more than one (or any great- (2) COMPLIANCE BY DHS CONTRACTORS WITH 1996 (division C of Public Law 104-208; 8 er number the Secretary shall request) infor- CONFIDENTIALITY SAFEGUARDS.— U.S.C. 1360 note) is repealed. mation return filed in such calendar year, or (A) IN GENERAL.—Section 6103(p) of such (d) EFFECTIVE DATES.— ‘‘(IV) who is not authorized to work in the Code is amended by adding at the end the (1) IN GENERAL.—The amendments made by United States, according to the records following new paragraph: subsection (a) shall apply to disclosures maintained by the Commissioner of Social ‘‘(9) DISCLOSURE TO DHS CONTRACTORS.— made after the date of the enactment of this Security, Notwithstanding any other provision of this Act. and the taxpayer identity of each such em- section, no return or return information (2) CERTIFICATIONS.—The first certification ployee. shall be disclosed to any contractor of the under section 6103(p)(9)(D) of the Internal Department of Homeland Security unless Revenue Code of 1986, as added by subsection ‘‘(B) RESTRICTION ON DISCLOSURE.—The such Department, to the satisfaction of the (a)(2), shall be made with respect to calendar Commissioner of Social Security shall dis- Secretary— year 2007. close taxpayer identity information under ‘‘(A) has requirements in effect which re- (3) REPEALS.—The repeals made by sub- subparagraph (A) only for purposes of, and to quire each such contractor which would have section (c) shall take effect on the date of the extent necessary to assist the Secretary access to returns or return information to the enactment of this Act. in— provide safeguards (within the meaning of ‘‘(i) carrying out, including through civil paragraph (4)) to protect the confidentiality SA 380. Mr. GRASSLEY submitted an administrative and civil judicial pro- of such returns or return information, amendment intended to be proposed to ceedings, of sections 212, 217, 235, 237, 238, ‘‘(B) agrees to conduct an on-site review amendment SA 275 proposed by Mr. 274A, 274B, and 274C of the Immigration and every 3 years (mid-point review in the case of REID (for himself, Mr. LIEBERMAN, and Nationality Act, and contracts or agreements of less than 3 years Ms. COLLINS) to the bill S. 4, to make ‘‘(ii) the civil operation of the Alien Ter- in duration) of each contractor to determine the United States more secure by im- rorist Removal Court. compliance with such requirements, plementing unfinished recommenda- ‘‘(C) REIMBURSEMENT.—The Commissioner ‘‘(C) submits the findings of the most re- of Social Security shall prescribe a reason- cent review conducted under subparagraph tions of the 9/11 Commission to fight the war on terror more effectively, to able fee schedule for furnishing taxpayer (B) to the Secretary as part of the report re- identity information under this paragraph quired by paragraph (4)(E), and improve homeland security, and for and collect such fees in advance from the ‘‘(D) certifies to the Secretary for the most other purposes; which was ordered to Secretary. recent annual period that such contractor is lie on the table; as follows: ‘‘(D) TERMINATION.—This paragraph shall in compliance with all such requirements. At the end of title XV add the following: not apply to any request made after the date SEC. lll. DISCLOSURE OF CERTAIN TAXPAYER The certification required by subparagraph which is 3 years after the date of the enact- (D) shall include the name and address of INFORMATION TO ASSIST IN IMMI- ment of this paragraph.’’. each contractor, a description of the con- GRATION ENFORCEMENT. (a) DISCLOSURE OF CERTAIN TAXPAYER IDEN- (2) COMPLIANCE BY DHS CONTRACTORS WITH tract or agreement with such contractor, TITY INFORMATION.— and the duration of such contract or agree- CONFIDENTIALITY SAFEGUARDS.— (1) IN GENERAL.—Section 6103(l) of the In- ment.’’. (A) IN GENERAL.—Section 6103(p) of such ternal Revenue Code of 1986 is amended by (3) CONFORMING AMENDMENTS.— Code is amended by adding at the end the adding at the end the following new para- (A) Section 6103(a)(3) of such Code is following new paragraph: graph: amended by striking ‘‘or (20)’’ and inserting ‘‘(9) DISCLOSURE TO DHS CONTRACTORS.— ‘‘(21) DISCLOSURE OF CERTAIN TAXPAYER ‘‘(20), or (21)’’. Notwithstanding any other provision of this IDENTITY INFORMATION BY SOCIAL SECURITY (B) Section 6103(p)(3)(A) of such Code is section, no return or return information ADMINISTRATION TO DEPARTMENT OF HOME- amended by adding at the end the following shall be disclosed to any contractor of the LAND SECURITY.— new sentence: ‘‘The Commissioner of Social Department of Homeland Security unless ‘‘(A) IN GENERAL.—From taxpayer identity Security shall provide to the Secretary such such Department, to the satisfaction of the information which has been disclosed or oth- information as the Secretary may require in Secretary— erwise made available to the Social Security carrying out this paragraph with respect to ‘‘(A) has requirements in effect which re- Administration and upon written request by return information inspected or disclosed quire each such contractor which would have the Secretary of Homeland Security (in this under the authority of subsection (l)(21).’’. access to returns or return information to paragraph referred to as the ‘Secretary’), the (C) Section 6103(p)(4) of such Code is Commissioner of Social Security shall dis- provide safeguards (within the meaning of amended— close directly to officers, employees, and paragraph (4)) to protect the confidentiality (i) by striking ‘‘or (17)’’ both places it ap- contractors of the Department of Homeland of such returns or return information, pears and inserting ‘‘(17), or (21)’’; and Security— ‘‘(B) agrees to conduct an on-site review (ii) by striking ‘‘or (20)’’ each place it ap- ‘‘(i) the taxpayer identity of each person every 3 years (mid-point review in the case of pears and inserting ‘‘(20), or (21)’’. who has filed an information return required contracts or agreements of less than 3 years (D) Section 6103(p)(8)(B) of such Code is by reason of section 6051 after calendar year in duration) of each contractor to determine amended by inserting ‘‘or paragraph (9)’’ 2005 and before the date specified in subpara- compliance with such requirements, after ‘‘subparagraph (A)’’. graph (D) which contains— ‘‘(C) submits the findings of the most re- (E) Section 7213(a)(2) of such Code is ‘‘(I) 1 (or any greater number the Secretary cent review conducted under subparagraph amended by striking ‘‘or (20)’’ and inserting shall request) name and taxpayer identifying (B) to the Secretary as part of the report re- ‘‘(20), or (21)’’. (b) AUTHORIZATION OF APPROPRIATIONS.— number of any employee (within the mean- quired by paragraph (4)(E), and (1) IN GENERAL.—There are authorized to be ing of such section) that did not match the ‘‘(D) certifies to the Secretary for the most appropriated to the Secretary of Homeland records maintained by the Commissioner of recent annual period that such contractor is Security such sums as are necessary to carry Social Security, or in compliance with all such requirements. out the amendments made by this section. ‘‘(II) 2 (or any greater number the Sec- The certification required by subparagraph (2) LIMITATION ON VERIFICATION RESPON- retary shall request) names of employees (D) shall include the name and address of SIBILITIES OF COMMISSIONER OF SOCIAL SECU- (within the meaning of such section) with each contractor, a description of the con- RITY.—The Commissioner of Social Security the same taxpayer identifying number, tract or agreement with such contractor, is authorized to perform activities with re- and the taxpayer identity of each such em- and the duration of such contract or agree- spect to carrying out the Commissioner’s re- ployee, and ment.’’.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.100 SWEST PsN: S07MRPT1 S2830 CONGRESSIONAL RECORD — SENATE March 7, 2007

(3) CONFORMING AMENDMENTS.— TITLE ll—DOMESTIC FUELS SECURITY Subtitle A—Collaborative Permitting Process (A) Section 6103(a)(3) of such Code is for Domestic Fuels Facilities SEC. ll01. SHORT TITLE. amended by striking ‘‘or (20)’’ and inserting SEC. ll11. COLLABORATIVE PERMITTING PROC- ‘‘(20), or (21)’’. This title may be cited as the ‘‘Domestic ESS FOR DOMESTIC FUELS FACILI- (B) Section 6103(p)(3)(A) of such Code is Fuels Security Act of 2007’’. TIES. amended by adding at the end the following (a) IN GENERAL.—At the request of the new sentence: ‘‘The Commissioner of Social SEC. ll2. DEFINITIONS. Governor of a State or the governing body of Security shall provide to the Secretary such In this title: an Indian tribe, the Administrator shall information as the Secretary may require in (1) ADMINISTRATOR.—The term ‘‘Adminis- enter into a domestic fuels facility permit- carrying out this paragraph with respect to trator’’ means the Administrator of the En- ting agreement with the State or Indian return information inspected or disclosed vironmental Protection Agency. tribe under which the process for obtaining under the authority of subsection (l)(21).’’. (2) COAL-TO-LIQUID.—The term ‘‘coal-to-liq- all permits necessary for the construction (C) Section 6103(p)(4) of such Code is uid’’ means— and operation of a domestic fuels facility amended— (A) with respect to a process or tech- shall be improved using a systematic inter- (i) by striking ‘‘or (17)’’ both places it ap- nology, the use of a feedstock, the majority disciplinary multimedia approach as pro- pears and inserting ‘‘(17), or (21)’’; and of which is derived from the coal resources of vided in this section. (ii) by striking ‘‘or (20)’’ each place it ap- the United States, using the class of reac- (b) AUTHORITY OF ADMINISTRATOR.—Under a pears and inserting ‘‘(20), or (21)’’. tions known as Fischer-Tropsch, to produce domestic fuels facility permitting agree- (D) Section 6103(p)(8)(B) of such Code is synthetic fuel suitable for transportation; ment— amended by inserting ‘‘or paragraph (9)’’ and (1) the Administrator shall have authority, after ‘‘subparagraph (A)’’. (B) with respect to a facility, the portion as applicable and necessary, to— (E) Section 7213(a)(2) of such Code is of a facility related to producing the inputs (A) accept from a refiner a consolidated ap- amended by striking ‘‘or (20)’’ and inserting for the Fischer-Tropsch process, or the fin- plication for all permits that the domestic ‘‘(20), or (21)’’. ished fuel from the Fischer-Tropsch process, fuels producer is required to obtain to con- (b) AUTHORIZATION OF APPROPRIATIONS.— using a feedstock that is primarily domestic struct and operate a domestic fuels facility; (1) IN GENERAL.—There are authorized to be coal at the Fischer-Tropsch facility. (B) establish a schedule under which each appropriated to the Secretary of Homeland (3) DOMESTIC FUELS FACILITY.— Federal, State, or Indian tribal government agency that is required to make any deter- Security such sums as are necessary to carry (A) IN GENERAL.—The term ‘‘domestic fuels out the amendments made by this section. facility’’ means— mination to authorize the issuance of a per- (2) LIMITATION ON VERIFICATION RESPON- (i) a coal liquification or coal-to-liquid fa- mit shall— SIBILITIES OF COMMISSIONER OF SOCIAL SECU- cility at which coal is processed into syn- (i) concurrently consider, to the maximum RITY.—The Commissioner of Social Security thetic crude oil or any other transportation extent practicable, each determination to be is authorized to perform activities with re- fuel; made; and (ii) complete each step in the permitting spect to carrying out the Commissioner’s re- (ii) a facility that produces a renewable process; and sponsibilities in the amendments made by fuel (as defined in section 211(o)(1) of the (C) issue a consolidated permit that com- subsection (a), but only to the extent the Clean Air Act (42 U.S.C. 7545(o)(1))); and bines all permits that the domestic fuels pro- Secretary of Homeland Security has pro- (iii) a facility at which crude oil is refined vided, in advance, funds to cover the Com- ducer is required to obtain; and into transportation fuel or other petroleum missioner’s full costs in carrying out such (2) the Administrator shall provide to products. responsibilities. In no case shall funds from State and Indian tribal government agen- (B) INCLUSION.—The term ‘‘domestic fuels the Federal Old-Age and Survivors Insurance cies— facility’’ includes a domestic fuels facility Trust Fund or the Federal Disability Insur- (A) financial assistance in such amounts as expansion. ance Trust Fund be used to carry out such the agencies reasonably require to hire such (4) DOMESTIC FUELS FACILITY EXPANSION.— responsibilities. additional personnel as are necessary to en- The term ‘‘domestic fuels facility expan- (c) REPEAL OF REPORTING REQUIREMENTS.— able the government agencies to comply sion’’ means a physical change in a domestic with the applicable schedule established (1) REPORT ON EARNINGS OF ALIENS NOT AU- fuels facility that results in an increase in THORIZED TO WORK.—Subsection (c) of section under paragraph (1)(B); and the capacity of the domestic fuels facility. (B) technical, legal, and other assistance in 290 of the Immigration and Nationality Act (5) DOMESTIC FUELS FACILITY PERMITTING (8 U.S.C. 1360) is repealed. complying with the domestic fuels facility AGREEMENT.—The term ‘‘domestic fuels facil- permitting agreement. (2) REPORT ON FRAUDULENT USE OF SOCIAL ity permitting agreement’’ means an agree- (c) AGREEMENT BY THE STATE.—Under a do- SECURITY ACCOUNT NUMBERS.—Subsection (b) ment entered into between the Adminis- of section 414 of the Illegal Immigration Re- mestic fuels facility permitting agreement, a trator and a State or Indian tribe under sub- State or governing body of an Indian tribe form and Immigrant Responsibility Act of section (b). 1996 (division C of Public Law 104-208; 8 shall agree that— (6) DOMESTIC FUELS PRODUCER.—The term U.S.C. 1360 note) is repealed. (1) the Administrator shall have each of ‘‘domestic fuels producer’’ means an indi- the authorities described in subsection (b); (d) EFFECTIVE DATES.— vidual or entity that— and (1) IN GENERAL.—The amendments made by (A) owns or operates a domestic fuels facil- (2) each State or Indian tribal government subsection (a) shall apply to disclosures ity; or agency shall— made after the date of the enactment of this (B) seeks to become an owner or operator (A) make such structural and operational Act. of a domestic fuels facility. changes in the agencies as are necessary to (2) CERTIFICATIONS.—The first certification (7) INDIAN LAND.—The term ‘‘Indian land’’ enable the agencies to carry out consolidated under section 6103(p)(9)(D) of the Internal has the meaning given the term ‘‘Indian project-wide permit reviews concurrently Revenue Code of 1986, as added by subsection lands’’ in section 3 of the Native American and in coordination with the Environmental (a)(2), shall be made with respect to calendar Business Development, Trade Promotion, Protection Agency and other Federal agen- year 2007. and Tourism Act of 2000 (25 U.S.C. 4302). cies; and (3) REPEALS.—The repeals made by sub- (8) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (B) comply, to the maximum extent prac- section (c) shall take effect on the date of has the meaning given the term in section 4 ticable, with the applicable schedule estab- the enactment of this Act. of the Indian Self-Determination and Edu- lished under subsection (b)(1)(B). cation Assistance Act (25 U.S.C. 450b). (d) INTERDISCIPLINARY APPROACH.— SA 381. Mr. INHOFE (for himself, Mr. (9) PERMIT.—The term ‘‘permit’’ means any (1) IN GENERAL.—The Administrator and a BUNNING, and Mr. VOINOVICH) submitted permit, license, approval, variance, or other State or governing body of an Indian tribe an amendment intended to be proposed form of authorization that a refiner is re- shall incorporate an interdisciplinary ap- to amendment SA 275 proposed by Mr. quired to obtain— proach, to the maximum extent practicable, (A) under any Federal law; or in the development, review, and approval of REID (for himself, Mr. LIEBERMAN, and (B) from a State or Indian tribal govern- domestic fuels facility permits subject to Ms. COLLINS) to the bill S. 4, to make ment agency delegated with authority by the this section. the United States more secure by im- Federal Government, or authorized under (2) OPTIONS.—Among other options, the plementing unfinished recommenda- Federal law to issue permits. interdisciplinary approach may include use tions of the 9/11 Commission to fight (10) SECRETARY.—The term ‘‘Secretary’’ of— the war on terror more effectively, to means the Secretary of Energy. (A) environmental management practices; improve homeland security, and for (11) STATE.—The term ‘‘State’’ means— and other purposes; which was ordered to (A) a State; (B) third party contractors. lie on the table; as follows: (B) the District of Columbia; (e) DEADLINES.— (C) the Commonwealth of Puerto Rico; and (1) NEW DOMESTIC FUELS FACILITIES.—In the At the appropriate place, insert the fol- (D) any other territory or possession of the case of a consolidated permit for the con- lowing: United States. struction of a new domestic fuels facility,

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.085 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2831 the Administrator and the State or gov- of ultra-clean Fischer-Tropsch transpor- than 20,000 barrels per day of coal-to-liquid erning body of an Indian tribe shall approve tation fuel, including diesel and jet fuel; fuel shall be eligible to receive a loan guar- or disapprove the consolidated permit not (2) evaluate the use of ultra-clean Fischer- antee for the proportion of the cost of the fa- later than— Tropsch transportation fuel as a mechanism cility that represents 20,000 barrels of coal- (A) 360 days after the date of the receipt of for reducing engine exhaust emissions; and to-liquid fuel per day of production. the administratively complete application (3) submit recommendations to Congress ‘‘(4) REQUIREMENTS.— for the consolidated permit; or on the most effective use and associated ben- ‘‘(A) GUIDELINES.—Not later than 180 days (B) on agreement of the applicant, the Ad- efits of these ultra-clean fuels for reducing after the date of enactment of this sub- ministrator, and the State or governing body public exposure to exhaust emissions. section, the Secretary shall publish guide- of the Indian tribe, 90 days after the expira- (b) GUIDANCE AND TECHNICAL SUPPORT.— lines for the coal-to-liquids loan guarantee tion of the deadline established under sub- The Administrator shall, to the extent nec- application process. paragraph (A). essary, issue any guidance or technical sup- ‘‘(B) APPLICATIONS.—Not later than 1 year (2) EXPANSION OF EXISTING DOMESTIC FUELS port documents that would facilitate the ef- after the date of enactment of this sub- FACILITIES.—In the case of a consolidated fective use and associated benefit of Fischer- section, the Secretary shall begin to accept permit for the expansion of an existing do- Tropsch fuel and blends. applications for coal-to-liquid loan guaran- mestic fuels facility, the Administrator and (c) REQUIREMENTS.—The program described tees under this subsection. the State or governing body of an Indian in subsection (a) shall consider— ‘‘(C) DEADLINE.—Not later than 1 year after tribe shall approve or disapprove the consoli- (1) the use of neat (100 percent) Fischer- the date of acceptance of an application dated permit not later than— Tropsch fuel and blends with conventional under subparagraph (B), the Secretary shall (A) 120 days after the date of the receipt of crude oil-derived fuel for heavy-duty and evaluate the application and make final de- the administratively complete application light-duty diesel engines and the aviation terminations under this subsection. for the consolidated permit; or sector; and ‘‘(5) REPORTS TO CONGRESS.—The Secretary (B) on agreement of the applicant, the Ad- (2) the production costs associated with do- shall submit to the Committee on Energy ministrator, and the State or governing body mestic production of those ultra clean fuel and Natural Resources of the Senate and the of the Indian tribe, 30 days after the expira- and prices for consumers. Committee on Energy and Commerce of the tion of the deadline established under sub- (d) REPORTS.—The Administrator shall House of Representatives a report describing paragraph (A). submit to the Committee on Environment the status of the program under this sub- (f) FEDERAL AGENCIES.—Each Federal agen- and Public Works of the Senate and the section not later than each of— cy that is required to make any determina- Committee on Energy and Commerce of the ‘‘(A) 180 days after the date of enactment tion to authorize the issuance of a permit House of Representatives— of this subsection; shall comply with the applicable schedule es- (1) not later than October 1, 2007, an in- ‘‘(B) 1 year after the date of enactment of tablished under subsection (b)(1)(B). terim report on actions taken to carry out this subsection; and (g) JUDICIAL REVIEW.—Any civil action for this section; and ‘‘(C) the dates on which the Secretary ap- review of any determination of any Federal, (2) not later than December 1, 2008, a final proves the first and fifth applications for State, or Indian tribal government agency in report on actions taken to carry out this sec- coal-to-liquid loan guarantees under this a permitting process conducted under a do- tion. subsection.’’. mestic fuels facility permitting agreement Subtitle C—Domestic Coal-to-Liquid Fuel SEC. ll32. COAL-TO-LIQUID FACILITIES LOAN brought by any individual or entity shall be PROGRAM. brought exclusively in the United States dis- SEC. ll31. COAL-TO-LIQUID FUEL LOAN GUAR- ANTEE PROGRAM. (a) DEFINITION OF ELIGIBLE RECIPIENT.—In trict court for the district in which the do- this section, the term ‘‘eligible recipient’’ mestic fuels facility is located or proposed to (a) ELIGIBLE PROJECTS.—Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. means an individual, organization, or other be located. entity that owns, operates, or plans to con- (h) EFFICIENT PERMIT REVIEW.—In order to 16513(b)) is amended by adding at the end the following: struct a coal-to-liquid facility that will reduce the duplication of procedures, the Ad- produce at least 10,000 barrels per day of ‘‘(11) Large-scale coal-to-liquid facilities ministrator shall use State permitting and coal-to-liquid fuel. that use a feedstock, the majority of which monitoring procedures to satisfy substan- (b) ESTABLISHMENT.—The Secretary shall tially equivalent Federal requirements under is the coal resources of the United States, to establish a program under which the Sec- this section. produce not less than 10,000 barrels a day of retary shall provide loans, in a total amount (i) SEVERABILITY.—If 1 or more permits liquid transportation fuel.’’. not to exceed $20,000,000, for use by eligible that are required for the construction or op- (b) AUTHORIZATION OF APPROPRIATIONS.— recipients to pay the Federal share of the eration of a domestic fuels facility are not Section 1704 of the Energy Policy Act of 2005 cost of obtaining any services necessary for approved on or before any deadline estab- (42 U.S.C. 16514) is amended by adding at the the planning, permitting, and construction lished under subsection (e), the Adminis- end the following: of a coal-to-liquid facility. trator may issue a consolidated permit that ‘‘(c) COAL-TO-LIQUID PROJECTS.— (c) APPLICATION.—To be eligible to receive combines all other permits that the domestic ‘‘(1) IN GENERAL.—There are authorized to a loan under subsection (b), the eligible re- fuels producer is required to obtain other be appropriated such sums as are necessary cipient shall submit to the Secretary an ap- than any permits that are not approved. to provide the cost of guarantees for projects plication at such time, in such manner, and (j) SAVINGS.—Nothing in this section af- involving large-scale coal-to-liquid facilities containing such information as the Sec- fects the operation or implementation of under section 1703(b)(11). retary may require. otherwise applicable law regarding permits ‘‘(2) ALTERNATIVE FUNDING.—If no appro- (d) NON-FEDERAL MATCHING REQUIRE- necessary for the construction and operation priations are made available under para- MENT.—To be eligible to receive a loan under of a domestic fuels facility. graph (1), an eligible applicant may elect to this section, an eligible recipient shall use (k) CONSULTATION WITH LOCAL GOVERN- provide payment to the Secretary, to be de- non-Federal funds to provide a dollar-for-dol- MENTS.—Congress encourages the Adminis- livered if and at the time the application is lar match of the amount of the loan. trator, States, and tribal governments to approved, in the amount of the estimated (e) REPAYMENT OF LOAN.— consult, to the maximum extent practicable, cost of the loan guarantee to the Federal (1) IN GENERAL.—To be eligible to receive a with local governments in carrying out this Government, as determined by the Sec- loan under this section, an eligible recipient section. retary. shall agree to repay the original amount of (l) EFFECT ON LOCAL AUTHORITY.—Nothing ‘‘(3) LIMITATIONS.— the loan to the Secretary not later than 5 in this section affects— ‘‘(A) IN GENERAL.—No loan guarantees years after the date of the receipt of the (1) the authority of a local government shall be provided under this title for projects loan. with respect to the issuance of permits; or described in paragraph (1) after (as deter- (2) SOURCE OF FUNDS.—Repayment of a loan (2) any requirement or ordinance of a local mined by the Secretary)— under paragraph (1) may be made from any government (such as zoning regulations). ‘‘(i) the tenth such loan guarantee is issued financing or assistance received for the con- Subtitle B—Environmental Analysis of under this title; or struction of a coal-to-liquid facility de- Fischer-Tropsch Fuels ‘‘(ii) production capacity covered by such scribed in subsection (a), including a loan SEC. ll21. EVALUATION OF FISCHER-TROPSCH loan guarantees reaches 100,000 barrels per guarantee provided under section 1703(b)(11) DIESEL AND JET FUEL AS AN EMIS- day of coal-to-liquid fuel. of the Energy Policy Act of 2005 (42 U.S.C. SION CONTROL STRATEGY. ‘‘(B) INDIVIDUAL PROJECTS.— 16513(b)(11)). (a) IN GENERAL.—In cooperation with the ‘‘(i) IN GENERAL.—A loan guarantee may be (f) REQUIREMENTS.— Secretary of Energy, the Secretary of De- provided under this title for any large-scale (1) GUIDELINES.—Not later than 180 days fense, the Administrator of the Federal Avia- coal-to-liquid facility described in paragraph after the date of enactment of this Act, the tion Administration, Secretary of Health (1) that produces not more than 20,000 barrels Secretary shall publish guidelines for the and Human Services, and Fischer-Tropsch of coal-to-liquid fuel per day. coal-to-liquids loan application process. industry representatives, the Administrator ‘‘(ii) NON-FEDERAL FUNDING REQUIREMENT.— (2) APPLICATIONS.—Not later than 1 year shall— To be eligible for a loan guarantee under this after the date of enactment of this Act, the (1) conduct a research and demonstration title, a large-scale coal-to-liquid facility de- Secretary shall begin to accept applications program to evaluate the air quality benefits scribed in paragraph (1) that produces more for coal-to-liquid loans under this section.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.089 SWEST PsN: S07MRPT1 S2832 CONGRESSIONAL RECORD — SENATE March 7, 2007

(g) REPORTS TO CONGRESS.—Not later than (3) USE.—An additional award under this or makes or uses any false writing or docu- each of 180 days and 1 year after the date of subsection shall be used— ment knowing the same to contain any ma- enactment of this Act, the Secretary shall (A) to carry out any eligible purpose under terially false, fictitious, or fraudulent state- submit to the Committee on Energy and the Public Works and Economic Develop- ment or representation, Natural Resources and the Committee on ment Act of 1965 (42 U.S.C. 3121 et seq.); in any matter involving any benefit author- Environment and Public Works of the Senate (B) notwithstanding section 204 of that Act ized, transported, transmitted, transferred, and the Committee on Energy and Commerce (42 U.S.C. 3144), to pay up to 100 percent of disbursed, or paid in connection with a major of the House of Representatives a report de- the cost of an eligible project or activity disaster declaration under section 401 of the scribing the status of the program under this under that Act; or Robert T. Stafford Disaster Relief and Emer- section. (C) to meet the non-Federal share require- gency Assistance Act (42 U.S.C. 5170) or an (h) AUTHORIZATION OF APPROPRIATIONS.— ments of that Act or any other Act. emergency declaration under section 501 of There is authorized to be appropriated to (4) NON-FEDERAL SOURCE.—For the purpose the Robert T. Stafford Disaster Relief and carry out this section $200,000,000, to remain of paragraph (3)(C), an additional award shall Emergency Assistance Act (42 U.S.C. 5191), or available until expended. be treated as funds from a non-Federal in connection with any procurement of prop- SEC. ll33. COAL-TO-LIQUID LONG-TERM FUEL source. erty or services related to any emergency or PROCUREMENT AND DEPARTMENT (5) FUNDING.—The Secretary shall use to major disaster declaration as a prime con- OF DEFENSE DEVELOPMENT. carry out this subsection any amounts made tractor with the United States or as a sub- (a) STUDY.— available— contractor or supplier on a contract in which (1) IN GENERAL.—The Secretary of Defense, in consultation with the Secretary, the Ad- (A) for economic development assistance there is a prime contract with the United ministrator, and private sector stakeholders, programs; or States, shall be fined under this title, impris- shall conduct a comprehensive feasibility (B) under section 702 of the Public Works oned not more than 30 years, or both. ‘‘(b) A circumstance described in this sub- study, including the national security bene- and Economic Development Act of 1965 (42 section is any instance where— fits, of developing a domestic coal-to-liquids U.S.C. 3232). ‘‘(1) the authorization, transportation, industry. Subtitle D—Alternative Hydrocarbon and Re- transmission, transfer, disbursement, or pay- (2) FACTORS FOR CONSIDERATION.—In con- newable Reserves Disclosures Classifica- ment of the benefit is in or affects interstate ducting the study under paragraph (1), the tion System or foreign commerce; Secretary of Defense shall take into consid- SEC. ll41. ALTERNATIVE HYDROCARBON AND ‘‘(2) the benefit is transported in the mail eration— RENEWABLE RESERVES DISCLO- at any point in the authorization, transpor- (A) the existing authority of the Secretary SURES CLASSIFICATION SYSTEM. tation, transmission, transfer, disbursement, of Defense to procure coal-to-liquid fuels; (a) IN GENERAL.—The Securities and Ex- or payment of that benefit; or and change Commission shall appoint a task ‘‘(3) the benefit is a record, voucher, pay- (B) the estimated future authority of the force composed of government and private ment, money, or thing of value of the United Secretary of Defense to enter into long-term sector representatives to analyze, and sub- States, or of any department or agency contracts with private entities or other enti- mit to Congress a report (including rec- thereof. ties to purchase coal-to-liquid fuel or to de- ommendations) on, modernization of the hy- ‘‘(c) In this section, the term ‘benefit’ velop or operate coal-to-liquids facilities on drocarbon reserves disclosures classification means any record, voucher, payment, money or near military installations, based on— system of the Commission to reflect ad- or thing of value, good, service, right, or (i) the availability of land and testing op- vances in reserves recovery from nontradi- privilege provided by the United States, a portunities, and proximity to raw materials; tional sources (such as deep water, oil shale, State or local government, or other entity.’’. (ii) a contract term of not more than 25 tar sands, and renewable reserves for cel- (2) CLERICAL AMENDMENT.—The table of years; lulosic biofuels feedstocks). sections for chapter 47 of title 18, United (iii) the authority to purchase coal-to-liq- (b) DEADLINE FOR REPORT.—The Commis- States Code, is amended by adding at the end uid fuels at fixed prices above, at, or below sion shall submit the report required under the following new item: comparable market prices of fuel during the subsection (a) not later than 180 days after term of the contract; and the date of enactment of this Act. ‘‘1040. Fraud in connection with major dis- (iv)(I) the corresponding budgetary impact Subtitle E—Authorization of Appropriations aster or emergency benefits.’’. of the long-term contracts; and SEC. ll51. AUTHORIZATION OF APPROPRIA- (b) INCREASED CRIMINAL PENALTIES FOR EN- (II) alternative methods for accounting for TIONS. GAGING IN WIRE, RADIO, AND TELEVISION the contracts. There are authorized to be appropriated FRAUD DURING AND RELATION TO A PRESI- (b) REPORT.—Not later than 90 days after such sums as are necessary to carry out this DENTIALLY DECLARED MAJOR DISASTER OR the date of enactment of this Act, the Sec- title and the amendments made by this title. EMERGENCY.—Section 1343 of title 18, United retary of Defense, in consultation with the States Code, is amended by inserting: ‘‘oc- Secretary, the Administrator, and private curs in relation to, or involving any benefit sector stakeholders, shall submit to Con- SA 382. Mr. SESSIONS (for himself, authorized, transported, transmitted, trans- gress a report describing the results of the Ms. LANDRIEU, Mr. GRASSLEY, and Mr. ferred, disbursed, or paid in connection with, study conducted under subsection (a). VITTER) submitted an amendment in- a presidentially declared major disaster or SEC. ll34. ECONOMIC DEVELOPMENT ASSIST- tended to be proposed to amendment emergency (as those terms are defined in ANCE TO SUPPORT PROJECTS TO SA 275 proposed by Mr. REID (for him- section 102 of the Robert T. Stafford Disaster SUPPORT COAL-TO-LIQUIDS FACILI- self, Mr. LIEBERMAN, and Ms. COLLINS) Relief and Emergency Assistance Act (42 TIES ON BRAC PROPERTY AND IN- U.S.C. 5122)), or’’ after ‘‘If the violation’’. DIAN LAND. to the bill S. 4, to make the United (c) INCREASED CRIMINAL PENALTIES FOR EN- (a) PRIORITY.—Notwithstanding section 206 States more secure by implementing GAGING IN MAIL FRAUD DURING AND RELATION of the Public Works and Economic Develop- unfinished recommendations of the 9/11 ment Act of 1965 (42 U.S.C. 3146), in awarding TO A PRESIDENTIALLY DECLARED MAJOR DIS- Commission to fight the war on terror ASTER OR EMERGENCY.—Section 1341 of title funds made available to carry out section more effectively, to improve homeland 209(c)(1) of that Act (42 U.S.C. 3149(c)(1)) pur- 18, United States Code, is amended by insert- suant to section 702 of that Act (42 U.S.C. security, and for other purposes; which ing: ‘‘occurs in relation to, or involving any 3232), the Secretary and the Economic Devel- was ordered to lie on the table; as fol- benefit authorized, transported, transmitted, opment Administration shall give priority to lows: transferred, disbursed, or paid in connection with, a presidentially declared major dis- projects to support coal-to-liquid facilities. On page 389, after line 13, add the fol- aster or emergency (as those terms are de- (b) FEDERAL SHARE.—Except as provided in lowing: subsection (c)(3)(B) and notwithstanding the fined in section 102 of the Robert T. Stafford SEC. 15ll. EMERGENCY AND MAJOR DISASTER Disaster Relief and Emergency Assistance Public Works and Economic Development FRAUD PENALTIES. Act of 1965 (42 U.S.C. 3121 et seq.), the Fed- Act (42 U.S.C. 5122)), or’’ after ‘‘If the viola- (a) FRAUD IN CONNECTION WITH MAJOR DIS- eral share of a project to support a coal-to- tion’’. ASTER OR EMERGENCY BENEFITS.— liquid facility shall be— (d) DIRECTIVE TO SENTENCING COMMISSION.— (1) IN GENERAL.—Chapter 47 of title 18, (1) 80 percent of the project cost; or (1) IN GENERAL.—Pursuant to its authority United States Code, is amended by adding at (2) for a project carried out on Indian land, under section 994(p) of title 28, United States the end the following: 100 percent of the project cost. Code, and in accordance with this sub- (c) ADDITIONAL AWARD.— ‘‘§ 1040. Fraud in connection with major dis- section, the United States Sentencing Com- (1) IN GENERAL.—The Secretary shall make aster or emergency benefits mission forthwith shall— an additional award in connection with a ‘‘(a) Whoever, in a circumstance described (A) promulgate sentencing guidelines or grant made to a recipient (including any In- in subsection (b) of this section, knowingly— amend existing sentencing guidelines to pro- dian tribe for use on Indian land) for a ‘‘(1) falsifies, conceals, or covers up by any vide for increased penalties for persons con- project to support a coal-to-liquid facility. trick, scheme, or device any material fact; victed of fraud or theft offenses in connec- (2) AMOUNT.—The amount of an additional or tion with a major disaster declaration under award shall be 10 percent of the amount of ‘‘(2) makes any materially false, fictitious, section 401 of the Robert T. Stafford Disaster the grant for the project. or fraudulent statement or representation, Relief and Emergency Assistance Act (42

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.089 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2833 U.S.C. 5170) or an emergency declaration regulations and, after notice and oppor- available, as provided by appropriation Acts, under section 501 of the Robert T. Stafford tunity for public comment final resolutions, for making expenditures for fiscal years 2008 Disaster Relief and Emergency Assistance concerning the shipment and storage of high through 2012 to meet those obligations of the Act (42 U.S.C. 5191); and hazard materials. United States incurred which are authorized (B) submit to the Committee on the Judici- (d) REQUIREMENTS.—The regulations issued under subsection (d) for such fiscal years. ary of the Senate and the Committee on the under this section shall— (4) SENSE OF THE SENATE.—It is the sense of Judiciary of the House of Representatives an (1) except as provided in subsection (e), the Senate that the Committee on Finance explanation of actions taken by the Commis- provide that any rail shipment containing of the Senate should report to the Senate sion pursuant to subparagraph (A) and any high hazard materials be rerouted around not later than 30 days after the date of the additional policy recommendations the Com- any high threat corridor; enactment of this Act legislation which— mission may have for combating offenses de- (2) establish standards for the Secretary to (A) increases revenues to the Treasury in scribed in that subparagraph. grant exceptions to the rerouting require- the amount of $53,300,000,000 during taxable (2) REQUIREMENTS.—In carrying out this ment under paragraph (1). years 2008 through 2012 by reducing sched- subsection, the Sentencing Commission (e) TRANSPORTATION AND STORAGE OF HIGH uled and existing income tax reductions en- shall— HAZARD MATERIALS THROUGH HIGH THREAT acted since taxable year 2001 with respect to CORRIDOR.— (A) ensure that the sentencing guidelines the taxable incomes of taxpayers in excess of (1) IN GENERAL.—The standards for the Sec- and policy statements reflect the serious na- $1,000,000, and retary to grant exceptions under subsection ture of the offenses described in paragraph (B) appropriates an amount equal to such (d)(4) shall require a finding by the Secretary (1) and the need for aggressive and appro- revenues to the Homeland Security and that— priate law enforcement action to prevent Neighborhood Safety Trust Fund. (A) the shipment originates or the point of such offenses; destination is in the high threat corridor; (c) PREVENTING TERROR ATTACKS ON THE (B) assure reasonable consistency with (B) there is no practicable alternative HOMELAND.— other relevant directives and with other route; (1) AUTHORIZATION OF APPROPRIATIONS FOR guidelines; (C) there is an unanticipated, temporary SUPPORTING LAW ENFORCEMENT.—There are (C) account for any aggravating or miti- emergency that threatens the lives of per- authorized to be appropriated from the Trust gating circumstances that might justify ex- sons or property in the high threat corridor; Fund— ceptions, including circumstances for which (D) there would be no harm to persons or (A) $1,150,000,000 for each of the fiscal years the sentencing guidelines currently provide property beyond the owners or operator of 2008 through 2012 for the Office of Commu- sentencing enhancements; the railroad in the event of a successful ter- nity Oriented Policing Services for grants to (D) make any necessary conforming rorist attack on the shipment; or State, local, and tribal law enforcement to changes to the sentencing guidelines; and (E) rerouting would increase the likelihood hire officers, purchase technology, conduct (E) assure that the guidelines adequately of a terrorist attack on the shipment. training, and to develop local meet the purposes of sentencing as set forth (2) PRACTICAL ALTERNATE ROUTES.—Owner- counterterrorism units; in section 3553(a)(2) of title 18, United States ship of the tracks or facilities shall not be (B) $900,000,000 for each of the fiscal years Code. considered by the Secretary in determining 2008 through 2012 for the Justice Assistance (3) EMERGENCY AUTHORITY AND DEADLINE whether there is a practical alternate route Grant; and FOR COMMISSION ACTION.—The Commission under paragraph (1). (C) $500,000,000 for each of the fiscal years shall promulgate the guidelines or amend- (3) GRANT OF EXCEPTION.—If the Secretary 2008 through 2012 for the Law Enforcement ments provided for under this subsection as grants an exception under subsection (d)(4)— Terrorism Prevention Grant Program. soon as practicable, and in any event not (A) (2) AUTHORIZATION OF APPROPRIATIONS FOR later than the 30 days after the date of enact- (B) the Secretary shall notify Federal, RESPONDING TO TERRORIST ATTACKS AND NAT- ment of this Act, in accordance with the pro- State, and local law enforcement and first URAL DISASTERS.—There are authorized to be cedures set forth in section 21(a) of the Sen- responder agencies (including, if applicable, appropriated from the Trust Fund— tencing Reform Act of 1987, as though the au- transit, railroad, or port authority agencies) (A) $500,000,000 for each of fiscal years 2008 thority under that Act had not expired. within the high threat corridor. through 2012 for the Federal Emergency Management Agency for Fire Act Grants; SA 383. Mr. BIDEN proposed an SA 384. Mr. BIDEN proposed an and amendment to amendment SA 275 pro- amendment to amendment SA 275 pro- (B) $500,000,000 for each of fiscal years 2008 posed by Mr. REID (for himself, Mr. posed by Mr. REID (for himself, Mr. through 2012 for the Federal Emergency LIEBERMAN, and Ms. COLLINS) to the LIEBERMAN, and Ms. COLLINS) to the Management Agency for SAFER Grants. bill S. 4, to make the United States bill S. 4, to make the United States (d) AUTHORIZATION OF APPROPRIATIONS FOR more secure by implementing unfin- more secure by implementing unfin- ADDITIONAL ACTIVITIES FOR HOMELAND SECU- ished recommendationsof the 9/11 Com- ished recommendations of the 9/11 RITY.—There are authorized to be appro- mission to fight the war on terror more Commission to fight the war on terror priated from the Trust Fund such sums as effectively, to improve homeland secu- more effectively, to improve homeland necessary for— rity, and for other purposes; as follows: security, and for other purposes; as fol- (1) the implementation of all the rec- On page 361, after line 20, add the fol- lows: ommendations of the Commission, including lowing: At the end, add the following: the provisions of this section; Subtitle D—Transport of High Hazard SEC. 1505. HOMELAND SECURITY TRUST FUND. (2) fully funding the grant programs au- Materials (a) DEFINITIONS.—In this section: thorized under this bill, including the State SEC. 1391. REGULATIONS FOR TRANSPORT OF (1) TRUST FUND.—The term ‘‘Trust Fund’’ Homeland Security Grant Program, the HIGH HAZARD MATERIALS. means the Homeland Security and Neighbor- Urban Area Security Initiative, the Emer- (a) DEFINITION OF HIGH THREAT CORRIDOR.— hood Safety Trust Fund established under gency Management Performance Grant Pro- In this section, the term ‘‘high threat cor- subsection (b). gram, the Emergency Communications and ridor’’ means a geographic area that has (2) COMMISSION.—The term ‘‘Commission’’ Interoperability Grant Programs, rail and been designated by the Secretary as particu- means the National Commission on Terrorist transit security grants and any other grant larly vulnerable to damage from the release Attacks upon the United States, established program administered by the Department; of high hazard materials, including— under title VI of the Intelligence Authoriza- (3) improving airline passenger screening (1) areas important to national security; tion Act for Fiscal Year 2003 (Public Law and cargo scanning; (2) areas that terrorists may be particu- 107–306; 6 U.S.C. 101 note). (4) improving information sharing and larly likely to attack; or (b) HOMELAND SECURITY AND NEIGHBORHOOD communications interoperability; (3) any other area designated by the Sec- SAFETY TRUST FUND.— (5) supporting State and local government retary. (1) ESTABLISHMENT OF TRUST FUND.—There law enforcement and first responders, includ- (b) PURPOSES OF REGULATIONS.—The regu- is established in the Treasury of the United ing enhancing communications interoper- lations issued under this section shall estab- States a trust fund to be known as the ability and information sharing; lish a national, risk-based policy for high ‘‘Homeland Security and Neighborhood Safe- (6) enhancing the inspection and promoting hazard materials being transported or ty Trust Fund’’, consisting of such amounts 100 percent scanning of cargo containers des- stored. To the extent the Secretary deter- as may be appropriated or credited to the tined for ports in the United States and to mines appropriate, the regulations issued Trust Fund. ensure screening of domestic air cargo; under this section shall be consistent with (2) RULES REGARDING TRANSFERS TO AND (7) protecting critical infrastructure and other Federal, State, and local regulations MANAGEMENT OF TRUST FUND.—For purposes other high threat targets such as passenger and international agreements relating to of this section, rules similar to the rules of rail, freight rail, and transit systems, chem- shipping or storing high hazard materials. sections 9601 and 9602 of the Internal Rev- ical and nuclear plants; (c) ISSUANCE OF REGULATIONS.—Not later enue Code of 1986 shall apply. (8) enhancing the preparedness of the pub- than 90 days after the date of enactment of (3) DISTRIBUTION OF AMOUNTS IN TRUST lic health sector to prevent and respond to this Act, the Secretary shall issue interim FUND.—Amounts in the Trust Fund shall be acts of biological and nuclear terrorism;

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.090 SWEST PsN: S07MRPT1 S2834 CONGRESSIONAL RECORD — SENATE March 7, 2007 (9) the development of scanning tech- accompany its report on the bill S. 372 of the section (b) for elements of the Intelligence nologies to detect dangerous substances at One Hundred Tenth Congress and trans- Community Management Account as of Sep- United States ports of entry; and mitted to the President is hereby incor- tember 30, 2007, there are also authorized (10) other high risk targets of interest, in- porated into this Act. such additional personnel for such elements cluding nonprofit organizations and in the (b) CONSTRUCTION WITH OTHER PROVISIONS as of that date as are specified in the classi- private sector. OF DIVISION.—Unless otherwise specifically fied Schedule of Authorizations. stated, the amounts specified in the Classi- (d) REIMBURSEMENT.—Except as provided in SA 385. Mr. BOND (for himself and fied Annex are not in addition to amounts section 113 of the National Security Act of Mr. ROCKEFELLER) submitted an authorized to be appropriated by other provi- 1947 (50 U.S.C. 404h), during fiscal year 2007 amendment intended to be proposed by sions of this Act. any officer or employee of the United States him to the bill S. 4, to make the United (c) LIMITATION ON USE OF FUNDS.—Funds or a member of the Armed Forces who is de- tailed to the staff of the Intelligence Com- States more secure by implementing appropriated pursuant to an authorization contained in this Act that are made avail- munity Management Account from another unfinished recommendations of the 9/11 able for a program, project, or activity re- element of the United States Government Commission to fight the war on terror ferred to in the Classified Annex may only be shall be detailed on a reimbursable basis, ex- more effectively, to improve homeland expended for such program, project, or activ- cept that any such officer, employee, or security, and for other purposes; which ity in accordance with such terms, condi- member may be detailed on a nonreimburs- was ordered to lie on the table; as fol- tions, limitations, restrictions, and require- able basis for a period of less than one year lows: ments as are set out for that program, for the performance of temporary functions project, or activity in the Classified Annex. as required by the Director of National Intel- At the appropriate place, insert the fol- ligence. lowing: (d) DISTRIBUTION OF CLASSIFIED ANNEX.— The President shall provide for appropriate SEC. lll. INCORPORATION OF REPORTING RE- TITLE l—INTELLIGENCE distribution of the Classified Annex, or of ap- QUIREMENTS. AUTHORIZATION ACT propriate portions of the annex, within the (a) IN GENERAL.—Each requirement to sub- SEC. ll. SHORT TITLE. executive branch of the Government. mit a report to the congressional intel- ligence committees that is included in the This title may be may be cited as the ‘‘In- SEC. lll. PERSONNEL CEILING ADJUSTMENTS. joint explanatory statement to accompany telligence Authorization Act for Fiscal Year (a) AUTHORITY FOR ADJUSTMENTS.—With the conference report on the bill lll of the 2007’’. the approval of the Director of the Office of One Hundred Tenth Congress, or in the clas- Subtitle A—Intelligence Activities Management and Budget, the Director of Na- sified annex to this Act, is hereby incor- tional Intelligence may authorize employ- SEC. lll. AUTHORIZATION OF APPROPRIA- porated into this Act, and is hereby made a TIONS. ment of civilian personnel in excess of the requirement in law. number authorized for fiscal year 2007 under Funds are hereby authorized to be appro- (b) CONGRESSIONAL INTELLIGENCE COMMIT- section when the Director of National priated for fiscal year 2007 for the conduct of lll TEES DEFINED.—In this section, the term the intelligence and intelligence-related ac- Intelligence determines that such action is ‘‘congressional intelligence committees’’ tivities of the following elements of the necessary to the performance of important means— United States Government: intelligence functions, except that the num- (1) the Select Committee on Intelligence of (1) The Office of the Director of National ber of personnel employed in excess of the the Senate; and Intelligence. number authorized under such section may (2) the Permanent Select Committee on In- (2) The Central Intelligence Agency. not, for any element of the intelligence com- telligence of the House of Representatives. (3) The Department of Defense. munity, exceed 2 percent of the number of ci- SEC. lll. AVAILABILITY TO PUBLIC OF CER- (4) The Defense Intelligence Agency. vilian personnel authorized under such sec- TAIN INTELLIGENCE FUNDING IN- (5) The National Security Agency. tion for such element. FORMATION. (6) The Department of the Army, the De- (b) NOTICE TO INTELLIGENCE COMMITTEES.— (a) AMOUNTS REQUESTED EACH FISCAL partment of the Navy, and the Department The Director of National Intelligence shall YEAR.—The President shall disclose to the of the Air Force. promptly notify the Select Committee on In- public for each fiscal year after fiscal year (7) The Department of State. telligence of the Senate and the Permanent 2007 the aggregate amount of appropriations (8) The Department of the Treasury. Select Committee on Intelligence of the requested in the budget of the President for (9) The Department of Energy. House of Representatives whenever the Di- such fiscal year for the National Intelligence (10) The Department of Justice. rector exercises the authority granted by Program. (11) The Federal Bureau of Investigation. this section. (b) AMOUNTS AUTHORIZED AND APPRO- (12) The National Reconnaissance Office. SEC. lll. INTELLIGENCE COMMUNITY MAN- PRIATED EACH FISCAL YEAR.—Congress shall (13) The National Geospatial-Intelligence AGEMENT ACCOUNT. disclose to the public for each fiscal year Agency. (a) AUTHORIZATION OF APPROPRIATIONS.— after fiscal year 2006 the aggregate amount (14) The Coast Guard. There is authorized to be appropriated for of funds authorized to be appropriated, and (15) The Department of Homeland Secu- the Intelligence Community Management the aggregate amount of funds appropriated, rity. Account of the Director of National Intel- by Congress for such fiscal year for the Na- (16) The Drug Enforcement Administra- ligence for fiscal year 2007 the sum of tional Intelligence Program. tion. $648,952,000. Within such amount, funds iden- SEC. lll. RESPONSE OF INTELLIGENCE COM- SEC. lll. CLASSIFIED SCHEDULE OF AUTHOR- tified in the classified Schedule of Author- MUNITY TO REQUESTS FROM CON- IZATIONS. izations referred to in section lll(a) for GRESS FOR INTELLIGENCE DOCU- (a) SPECIFICATIONS OF AMOUNTS AND PER- advanced research and development shall re- MENTS AND INFORMATION. SONNEL CEILINGS.—The amounts authorized main available until September 30, 2008. (a) IN GENERAL.—Title V of the National to be appropriated under section lll, and (b) AUTHORIZED PERSONNEL LEVELS.—The Security Act of 1947 (50 U.S.C. 413 et seq.) is the authorized personnel ceilings as of Sep- elements within the Intelligence Community amended by adding at the end the following tember 30, 2007, for the conduct of the intel- Management Account of the Director of Na- new section: ligence and intelligence-related activities of tional Intelligence are authorized 1,575 full- ‘‘RESPONSE OF INTELLIGENCE COMMUNITY TO the elements listed in such section, are those time personnel as of September 30, 2007. Per- REQUESTS FROM CONGRESS FOR INTELLIGENCE specified in the classified Schedule of Au- sonnel serving in such elements may be per- DOCUMENTS AND INFORMATION thorizations prepared to accompany the con- manent employees of the Intelligence Com- ‘‘SEC. 508. (a) REQUESTS OF COMMITTEES.— ference report on the bill S. 372 of the One munity Management Account or personnel The Director of National Intelligence, the Hundred Tenth Congress and in the Classi- detailed from other elements of the United Director of the National Counterterrorism fied Annex to such report as incorporated in States Government. Center, the Director of a national intel- this Act under section lll. (c) CLASSIFIED AUTHORIZATIONS.— ligence center, or the head of any other de- (b) AVAILABILITY OF CLASSIFIED SCHEDULE (1) AUTHORIZATION OF APPROPRIATIONS.—In partment, agency, or element of the Federal OF AUTHORIZATIONS.—The Schedule of Au- addition to amounts authorized to be appro- Government, or other organization within thorizations shall be made available to the priated for the Intelligence Community Man- the Executive branch, that is an element of Committees on Appropriations of the Senate agement Account by subsection (a), there are the intelligence community shall, not later and House of Representatives and to the also authorized to be appropriated for the In- than 15 days after receiving a request for any President. The President shall provide for telligence Community Management Account intelligence assessment, report, estimate, suitable distribution of the Schedule, or of for fiscal year 2007 such additional amounts legal opinion, or other intelligence informa- appropriate portions of the Schedule, within as are specified in the classified Schedule of tion from the Select Committee on Intel- the executive branch. Authorizations referred to in section ligence of the Senate, the Permanent Select SEC. lll. INCORPORATION OF CLASSIFIED lll(a). Such additional amounts for re- Committee on Intelligence of the House of ANNEX. search and development shall remain avail- Representatives, or any other committee of (a) STATUS OF CLASSIFIED ANNEX.—The able until September 30, 2008. Congress with jurisdiction over the subject Classified Annex prepared by the Select (2) AUTHORIZATION OF PERSONNEL.—In addi- matter to which information in such assess- Committee on Intelligence of the Senate to tion to the personnel authorized by sub- ment, report, estimate, legal opinion, or

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CLARIFICATION OF DEFINITION OF ‘‘(5) If the Director of National Intelligence such committee such assessment, report, es- INTELLIGENCE COMMUNITY UNDER or the head of a department, agency, or timate, legal opinion, or other information, THE NATIONAL SECURITY ACT OF other entity of the United States Govern- as the case may be. 1947. ment does not provide information required Subparagraph (L) of section 3(4) of the Na- ‘‘(b) REQUESTS OF CERTAIN MEMBERS.—(1) by subsection (b)(2) in full or to all the mem- tional Security Act of 1947 (50 U.S.C. 401a(4)) The Director of National Intelligence, the bers of the congressional intelligence com- is amended by striking ‘‘other’’ the second Director of the National Counterterrorism mittees, and requests that such information place it appears. Center, the Director of a national intel- not be provided in full or to all members of ligence center, or the head of any other de- SEC. lll. IMPROVEMENT OF NOTIFICATION OF the congressional intelligence committees, CONGRESS REGARDING INTEL- for the reason specified in paragraph (2), the partment, agency, or element of the Federal LIGENCE ACTIVITIES OF THE Government, or other organization within UNITED STATES GOVERNMENT. Director shall, in a timely fashion, provide written notification to all the members of the Executive branch, that is an element of (a) CLARIFICATION OF DEFINITION OF CON- such committees of the determination not to the intelligence community shall respond, in GRESSIONAL INTELLIGENCE COMMITTEES TO IN- provide such information in full or to all the time specified in subsection (a), to a re- CLUDE ALL MEMBERS OF COMMITTEES.—Sec- quest described in that subsection from the tion 3(7) of the National Security Act of 1947 members of such committees. Such notice Chairman or Vice Chairman of the Select (50 U.S.C. 401a(7)) is amended— shall be submitted in a classified form and Committee on Intelligence of the Senate or (1) in subparagraph (A), by inserting ‘‘, and include a statement of the reasons for such the Chairman or Ranking Member of the includes each member of the Select Com- determination and a description that pro- Permanent Select Committee on Intelligence mittee’’ before the semicolon; and vides the main features of the covert action of the House of Representatives. (2) in subparagraph (B), by inserting ‘‘, and covered by such determination.’’.’’. ‘‘(2) Upon making a request covered by includes each member of the Permanent Se- (3) MODIFICATION OF NATURE OF CHANGE OF paragraph (1)— lect Committee’’ before the period. COVERT ACTION TRIGGERING NOTICE REQUIRE- ‘‘(A) the Chairman or Vice Chairman, as (b) NOTICE ON INFORMATION NOT DIS- MENTS.—Subsection (d) of such section is the case may be, of the Select Committee on CLOSED.— amended by striking ‘‘significant’’ the first Intelligence of the Senate shall notify the (1) IN GENERAL.—Section 502 of such Act (50 place it appears. other of the Chairman or Vice Chairman of U.S.C. 413a) is amended— SEC. lll. DELEGATION OF AUTHORITY FOR such request; and (A) by redesignating subsections (b) and (c) TRAVEL ON COMMON CARRIERS FOR INTELLIGENCE COLLECTION PER- ‘‘(B) the Chairman or Ranking Member, as as subsections (c) and (d), respectively; and SONNEL. the case may be, of the Permanent Select (B) by inserting after subsection (a) the (a) DELEGATION OF AUTHORITY.—Section Committee on Intelligence of the House of following new subsection (b): 116(b) of the National Security Act of 1947 (50 OTICE ON INFORMATION NOT DIS- Representatives shall notify the other of the ‘‘(b) N U.S.C. 404k(b)) is amended— CLOSED.—(1) If the Director of National Intel- Chairman or Ranking Member of such re- (1) by inserting ‘‘(1)’’ before ‘‘The Direc- ligence or the head of a department, agency, quest. tor’’; or other entity of the United States Govern- ‘‘(c) ASSERTION OF PRIVILEGE.—In response (2) in paragraph (1), by striking ‘‘may only ment does not provide information required to a request covered by subsection (a) or (b), delegate’’ and all that follows and inserting by subsection (a) in full or to all the mem- the Director of National Intelligence, the Di- ‘‘may delegate the authority in subsection bers of the congressional intelligence com- rector of the National Counterterrorism Cen- (a) to the head of any other element of the mittees and requests that such information ter, the Director of a national intelligence intelligence community.’’; and not be provided in full or to all members of center, or the head of any other department, (3) by adding at the end the following new agency, or element of the Federal Govern- the congressional intelligence committees, the Director shall, in a timely fashion, pro- paragraph: ment, or other organization within the Exec- ‘‘(2) The head of an element of the intel- vide written notification to all the members utive branch, that is an element of the intel- ligence community to whom the authority in of such committees of the determination not ligence community shall provide the docu- subsection (a) is delegated pursuant to para- to provide such information in full or to all ment or information covered by such request graph (1) may further delegate such author- members of such committees. Such notice unless the President certifies that such docu- ity to such senior officials of such element as shall be submitted in a classified form and ment or information is not being provided are specified in guidelines prescribed by the include a statement of the reasons for such because the President is asserting a privilege Director of National Intelligence for pur- determination and a description that pro- pursuant to the Constitution of the United poses of this paragraph.’’. vides the main features of the intelligence States.’’. (b) SUBMITTAL OF GUIDELINES TO CON- activities covered by such determination. (b) CLERICAL AMENDMENT.—The table of GRESS.—Not later than six months after the ‘‘(2) Nothing in this subsection shall be contents in the first section of that Act is date of the enactment of this Act, the Direc- construed as authorizing less than full and amended by inserting after the item relating tor of National Intelligence shall prescribe current disclosure to all the members of the to section 507 the following new item: and submit to the congressional intelligence Select Committee on Intelligence of the Sen- committees the guidelines referred to in ‘‘Sec. 508. Response of intelligence commu- ate and the Permanent Select Committee on paragraph (2) of section 116(b) of the Na- nity to requests from Congress Intelligence of the House of Representatives tional Security Act of 1947, as added by sub- for intelligence documents and of any information necessary to keep all the section (a). information.’’. members of such committees fully and cur- (c) CONGRESSIONAL INTELLIGENCE COMMIT- rently informed on all intelligence activities Subtitle B—Central Intelligence Agency TEES DEFINED.—In this section, the term Retirement and Disability System covered by this section.’’. ‘‘congressional intelligence committees’’ SEC. lll. AUTHORIZATION OF APPROPRIA- (2) CONFORMING AMENDMENT.—Subsection means— TIONS. (d) of such section, as redesignated by para- (1) the Select Committee on Intelligence of There is authorized to be appropriated for graph (1)(A) of this subsection, is amended the Senate; and the Central Intelligence Agency Retirement by striking ‘‘subsection (b)’’ and inserting (2) the Permanent Select Committee on In- and Disability Fund for fiscal year 2007 the ‘‘subsections (b) and (c)’’. telligence of the House of Representatives. (c) REPORTS AND NOTICE ON COVERT AC- sum of $256,400,000. SEC. lll. MODIFICATION OF AVAILABILITY OF TIONS.— FUNDS FOR DIFFERENT INTEL- Subtitle C—Intelligence and General (1) FORM AND CONTENT OF CERTAIN RE- Intelligence Community Matters LIGENCE ACTIVITIES. PORTS.—Subsection (b) of section 503 of such Subparagraph (B) of section 504(a)(3) of the SEC. lll. INCREASE IN EMPLOYEE COMPENSA- Act (50 U.S.C. 413b) is amended— National Security Act of 1947 (50 U.S.C. TION AND BENEFITS AUTHORIZED (A) by redesignating paragraphs (1) and (2) 414(a)(3)) is amended to read as follows: BY LAW. as subparagraphs (A) and (B), respectively; ‘‘(B) the use of such funds for such activity Appropriations authorized by sections (B) by inserting ‘‘(1)’’ after ‘‘(b)’’; and supports an emergent need, improves pro- through of this Act for salary, lll lll (C) by adding at the end the following new gram effectiveness, or increases efficiency; pay, retirement, and other benefits for Fed- paragraph: and’’. eral employees may be increased by such ad- ‘‘(2) Any report relating to a covert action lll ditional or supplemental amounts as may be SEC. . ADDITIONAL LIMITATION ON AVAIL- that is submitted to the congressional intel- ABILITY OF FUNDS FOR INTEL- necessary for increases in such compensation ligence committees for the purposes of para- LIGENCE AND INTELLIGENCE-RE- or benefits authorized by law. graph (1) shall be in writing, and shall con- LATED ACTIVITIES. SEC. lll. RESTRICTION ON CONDUCT OF IN- tain the following: Section 504 of the National Security Act of TELLIGENCE ACTIVITIES. ‘‘(A) A concise statement of any facts per- 1947 (50 U.S.C. 414) is amended— The authorization of appropriations by sec- tinent to such report. (1) in subsection (a), by inserting ‘‘the con- tions lll through lll of this Act shall ‘‘(B) An explanation of the significance of gressional intelligence committees have not be deemed to constitute authority for the covert action covered by such report.’’. been fully and currently informed of such ac- the conduct of any intelligence activity (2) NOTICE ON INFORMATION NOT DIS- tivity and if’’ after ‘‘only if’’; which is not otherwise authorized by the CLOSED.—Subsection (c) of such section is (2) by redesignating subsections (b), (c), Constitution or the laws of the United amended by adding at the end the following (d), and (e) as subsections (c), (d), (e), and (f), States. new paragraph: respectively; and

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.104 SWEST PsN: S07MRPT1 S2836 CONGRESSIONAL RECORD — SENATE March 7, 2007 (3) by inserting after subsection (a) the fol- negligent or willful loss of or damage to SEC. lll. DIRECTOR OF NATIONAL INTEL- lowing new subsection (b): property of such element that was procured LIGENCE REPORT ON COMPLIANCE ‘‘(b) In any case in which notice to the con- by such element using appropriated funds. WITH THE DETAINEE TREATMENT gressional intelligence committees on an in- ‘‘(2) A debt owed to an element of the intel- ACT OF 2005. telligence or intelligence-related activity is ligence community by an employee or (a) REPORT REQUIRED.—Not later than May covered by section 502(b), or in which notice former employee of such element as repay- 1, 2007, the Director of National Intelligence to the congressional intelligence committees ment for default on the terms and conditions shall submit to the congressional intel- on a covert action is covered by section associated with a scholarship, fellowship, or ligence committees a comprehensive report 503(c)(5), the congressional intelligence com- other educational assistance provided to on all measures taken by the Office of the mittees shall be treated as being fully and such individual by such element, whether in Director of National Intelligence and by each currently informed on such activity or cov- exchange for future services or otherwise, element, if any, of the intelligence commu- ert action, as the case may be, for purposes using appropriated funds. nity with relevant responsibilities to comply of subsection (a) if the requirements of such ‘‘(3) Any other debt or repayment owed to with the provisions of the Detainee Treat- section 502(b) or 503(c)(5), as applicable, have an element of the intelligence community by ment Act of 2005 (title X of division A of been met.’’. a private person or entity by reason of the Public Law 109–148). (b) ELEMENTS.—The report required by sub- negligent or willful action of such person or SEC. lll. INCREASE IN PENALTIES FOR DIS- section (a) shall include the following: CLOSURE OF UNDERCOVER INTEL- entity, as determined by a court of com- (1) A description of the detention or inter- LIGENCE OFFICERS AND AGENTS. petent jurisdiction or in a lawful administra- rogation methods, if any, that have been de- (a) DISCLOSURE OF AGENT AFTER ACCESS TO tive proceeding.’’. termined to comply with section 1003 of the INFORMATION IDENTIFYING AGENT.—Sub- (b) CLERICAL AMENDMENT.—The table of Detainee Treatment Act of 2005 (119 Stat. section (a) of section 601 of the National Se- contents in the first section of that Act is 2739; 42 U.S.C. 2000dd), and, with respect to curity Act of 1947 (50 U.S.C. 421) is amended amended by adding at the end the following each such method— by striking ‘‘ten years’’ and inserting ‘‘15 new item: years’’. (A) an identification of the official making ‘‘Sec. 1103. Retention and use of amounts such determination; and (b) DISCLOSURE OF AGENT AFTER ACCESS TO paid as debts to elements of the (B) a statement of the basis for such deter- CLASSIFIED INFORMATION.—Subsection (b) of intelligence community.’’. such section is amended by striking ‘‘five mination. years’’ and inserting ‘‘ten years’’. SEC. lll. EXTENSION TO INTELLIGENCE COM- (2) A description of the detention or inter- MUNITY OF AUTHORITY TO DELETE rogation methods, if any, whose use has been SEC. lll. RETENTION AND USE OF AMOUNTS INFORMATION ABOUT RECEIPT AND PAID AS DEBTS TO ELEMENTS OF discontinued pursuant to the Detainee DISPOSITION OF FOREIGN GIFTS Treatment Act of 2005, and, with respect to THE INTELLIGENCE COMMUNITY. AND DECORATIONS. each such method— (a) IN GENERAL.—Title XI of the National Paragraph (4) of section 7342(f) of title 5, Security Act of 1947 (50 U.S.C. 442 et seq.) is (A) an identification of the official making United States Code, is amended to read as the determination to discontinue such meth- amended by adding at the end the following follows: new section: od; and ‘‘(4)(A) In transmitting such listings for an (B) a statement of the basis for such deter- ‘‘RETENTION AND USE OF AMOUNTS PAID AS element of the intelligence community, the mination. DEBTS TO ELEMENTS OF THE INTELLIGENCE head of such element may delete the infor- (3) A description of any actions that have COMMUNITY mation described in subparagraphs (A) and been taken to implement section 1004 of the ‘‘SEC. 1103. (a) AUTHORITY TO RETAIN (C) of paragraphs (2) and (3) if the head of Detainee Treatment Act of 2005 (119 Stat. AMOUNTS PAID.—Notwithstanding section such element certifies in writing to the Sec- 2740; 42 U.S.C. 2000dd–1), and, with respect to 3302 of title 31, United States Code, or any retary of State that the publication of such each such action— other provision of law, the head of an ele- information could adversely affect United (A) an identification of the official taking ment of the intelligence community may re- States intelligence sources or methods. such action; and tain amounts paid or reimbursed to the ‘‘(B) Any information not provided to the (B) a statement of the basis for such ac- United States, including amounts paid by an Secretary of State pursuant to the authority tion. employee of the Federal Government from in subparagraph (A) shall be transmitted to (4) Any other matters that the Director personal funds, for repayment of a debt owed the Director of National Intelligence. considers necessary to fully and currently to the element of the intelligence commu- ‘‘(C) In this paragraph, the term ‘element inform the congressional intelligence com- nity. of the intelligence community’ means an ele- mittees about the implementation of the De- ‘‘(b) CREDITING OF AMOUNTS RETAINED.—(1) ment of the intelligence community listed in tainee Treatment Act of 2005. Amounts retained under subsection (a) shall or designated under section 3(4) of the Na- (5) An appendix containing— be credited to the current appropriation or tional Security Act of 1947 (50 U.S.C. (A) all guidelines for the application of the account from which such funds were derived 401a(4)).’’. Detainee Treatment Act of 2005 to the deten- or whose expenditure formed the basis for SEC. lll. AVAILABILITY OF FUNDS FOR TRAV- tion or interrogation activities, if any, of the underlying activity from which the debt EL AND TRANSPORTATION OF PER- any element of the intelligence community; concerned arose. SONAL EFFECTS, HOUSEHOLD and ‘‘(2) Amounts credited to an appropriation GOODS, AND AUTOMOBILES. (B) all legal opinions of any office or offi- or account under paragraph (1) shall be (a) FUNDS OF OFFICE OF DIRECTOR OF NA- cial of the Department of Justice about the merged with amounts in such appropriation TIONAL INTELLIGENCE.—Funds appropriated meaning or application of Detainee Treat- or account, and shall be available in accord- to the Office of the Director of National In- ment Act of 2005 with respect to the deten- ance with subsection (c). telligence and available for travel and trans- tion or interrogation activities, if any, of ‘‘(c) AVAILABILITY OF AMOUNTS.—Amounts portation expenses shall be available for any element of the intelligence community. credited to an appropriation or account such expenses when any part of the travel or (c) FORM.—The report required by sub- under subsection (b) with respect to a debt transportation concerned begins in a fiscal section (a) shall be submitted in classified owed to an element of the intelligence com- year pursuant to travel orders issued in such form. munity shall be available to the head of such fiscal year, notwithstanding that such travel (d) DEFINITIONS.—In this section: element, for such time as is applicable to or transportation is or may not be completed (1) The term ‘‘congressional intelligence amounts in such appropriation or account, during such fiscal year. committees’’ means— or such longer time as may be provided by (b) FUNDS OF CENTRAL INTELLIGENCE AGEN- (A) the Select Committee on Intelligence law, for purposes as follows: CY.—Funds appropriated to the Central Intel- of the Senate; and ‘‘(1) In the case of a debt arising from lost ligence Agency and available for travel and (B) the Permanent Select Committee of or damaged property of such element, the re- transportation expenses shall be available the House of Representatives. pair of such property or the replacement of for such expenses when any part of the travel (2) The term ‘‘intelligence community’’ such property with alternative property that or transportation concerned begins in a fis- means the elements of the intelligence com- will perform the same or similar functions as cal year pursuant to travel orders issued in munity specified in or designated under sec- such property. such fiscal year, notwithstanding that such tion 3(4) of the National Security Act of 1947 ‘‘(2) The funding of any other activities au- travel or transportation is or may not be (50 U.S.C. 401a(4)). thorized to be funded by such appropriation completed during such fiscal year. SEC. lll. REPORT ON ANY CLANDESTINE DE- or account. (c) TRAVEL AND TRANSPORTATION EXPENSES TENTION FACILITIES FOR INDIVID- ‘‘(d) DEBT OWED TO AN ELEMENT OF THE IN- DEFINED.—In this section, the term ‘‘travel UALS CAPTURED IN THE GLOBAL TELLIGENCE COMMUNITY DEFINED.—In this and transportation expenses’’ means the fol- WAR ON TERRORISM. section, the term ‘debt owed to an element of lowing: (a) IN GENERAL.—The President shall en- the intelligence community’ means any of (1) Expenses in connection with travel of sure that the United States Government con- the following: personnel, including travel of dependents. tinues to comply with the authorization, re- ‘‘(1) A debt owed to an element of the intel- (2) Expenses in connection with transpor- porting, and notification requirements of ligence community by an employee or tation of personal effects, household goods, title V of the National Security Act of 1947 former employee of such element for the or automobiles of personnel. (50 U.S.C. 413 et seq.).

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(b) DIRECTOR OF NATIONAL INTELLIGENCE SEC. lll. MODIFICATION OF LIMITATION ON (1) by striking ‘‘WITH’’ and inserting ‘‘OF REPORT.— DELEGATION BY THE DIRECTOR OF HEADQUARTERS WITH HEADQUARTERS NATIONAL INTELLIGENCE OF THE OF’’; (1) REPORT REQUIRED.—Not later than 60 PROTECTION OF INTELLIGENCE days after the date of the enactment of this SOURCES AND METHODS. (2) by inserting ‘‘the headquarters of’’ be- Act, the Director of National Intelligence Section 102A(i)(3) of the National Security fore ‘‘the Office’’; and shall provide to the members of the Select Act of 1947 (50 U.S.C. 403–1(i)(3)) is amended (3) by striking ‘‘any other element’’ and in- Committee on Intelligence of the Senate and by inserting before the period the following: serting ‘‘the headquarters of any other ele- the Permanent Select Committee on Intel- ‘‘, any Deputy Director of National Intel- ment’’. ligence of the House of Representatives a re- ligence, or the Chief Information Officer of SEC. lll. ADDITIONAL DUTIES OF THE DIREC- the Intelligence Community’’. TOR OF SCIENCE AND TECHNOLOGY port on any clandestine prison or detention OF THE OFFICE OF THE DIRECTOR SEC. lll. AUTHORITY OF THE DIRECTOR OF facility currently or formerly operated by OF NATIONAL INTELLIGENCE. the United States Government for individ- NATIONAL INTELLIGENCE TO MAN- AGE ACCESS TO HUMAN INTEL- (a) COORDINATION AND PRIORITIZATION OF uals captured in the global war on terrorism. LIGENCE INFORMATION. RESEARCH CONDUCTED BY ELEMENTS OF INTEL- (2) ELEMENTS.—The report required by Section 102A(b) of the National Security LIGENCE COMMUNITY.—Subsection (d) of sec- paragraph (1) shall include the following: Act of 1947 (50 U.S.C. 403–1(b)) is amended— tion 103E of the National Security Act of 1947 (A) The date each prison or facility became (1) by inserting ‘‘(1)’’ before ‘‘Unless’’; and (50 U.S.C. 403–3e) is amended— operational and, if applicable, the date on (2) by adding at the end the following new (1) in paragraph (3)(A), by inserting ‘‘and which each prison or facility ceased its oper- paragraph: prioritize’’ after ‘‘coordinate’’; and ations. ‘‘(2) The Director of National Intelligence (2) by adding at the end the following new (B) The total number of prisoners or de- shall— paragraph: tainees held at each prison or facility during ‘‘(A) have access to all national intel- ‘‘(4) In carrying out paragraph (3)(A), the its operation. ligence, including intelligence reports, oper- Committee shall identify basic, advanced, (C) The current number of prisoners or de- ational data, and other associated informa- and applied research programs to be carried tainees held at each operational prison or fa- tion, concerning the human intelligence op- out by elements of the intelligence commu- cility. erations of any element of the intelligence nity.’’. community authorized to undertake such (b) DEVELOPMENT OF TECHNOLOGY GOALS.— (D) The total and average annual costs of collection; That section is further amended— each prison or facility during its operation. ‘‘(B) consistent with the protection of in- (1) in subsection (c)— (E) A description of the interrogation pro- telligence sources and methods and applica- (A) in paragraph (4), by striking ‘‘and’’ at cedures used or formerly used on detainees ble requirements in Executive Order 12333 (or the end; at each prison or facility, including whether any successor order) regarding the retention (B) by redesignating paragraph (5) as para- a determination has been made that such and dissemination of information concerning graph (8); and procedures are or were in compliance with United States persons, ensure maximum ac- (C) by inserting after paragraph (4) the fol- the United States obligations under the Ge- cess to the intelligence information con- lowing new paragraphs: neva Conventions and the Convention tained in the information referred to in sub- ‘‘(5) assist the Director in establishing Against Torture. paragraph (A) throughout the intelligence goals for the elements of the intelligence community; and community to meet the technology needs of Subtitle D—Matters Relating to Elements of ‘‘(C) consistent with subparagraph (B), pro- the intelligence community; the Intelligence Community vide within the Office of the Director of Na- ‘‘(6) under the direction of the Director, es- PART I—OFFICE OF THE DIRECTOR OF tional Intelligence a mechanism for intel- tablish engineering standards and specifica- NATIONAL INTELLIGENCE ligence community analysts and other offi- tions applicable to each acquisition of a cers with appropriate clearances and an offi- major system (as that term is defined in sec- SEC. lll. ADDITIONAL AUTHORITIES OF THE cial need-to-know to gain access to informa- tion 506A(e)(3)) by the intelligence commu- DIRECTOR OF NATIONAL INTEL- tion referred to in subparagraph (A) or (B) nity; LIGENCE ON INTELLIGENCE INFOR- when relevant to their official responsibil- ‘‘(7) ensure that each acquisition program MATION SHARING. ities.’’. of the intelligence community for a major Section 102A(g)(1) of the National Security SEC. lll. ADDITIONAL ADMINISTRATIVE AU- system (as so defined) complies with the Act of 1947 (50 U.S.C. 403–1(g)(1)) is amend- THORITY OF THE DIRECTOR OF NA- standards and specifications established TIONAL INTELLIGENCE. under paragraph (6); and’’; and ed— Section 102A of the National Security Act (1) in subparagraph (E), by striking ‘‘and’’ (2) by adding at the end the following new of 1947 (50 U.S.C. 403–1) is amended by adding subsection: at the end; at the end the following new subsection: ‘‘(e) GOALS FOR TECHNOLOGY NEEDS OF IN- (2) in subparagraph (F), by striking the pe- ‘‘(s) ADDITIONAL ADMINISTRATIVE AUTHORI- TELLIGENCE COMMUNITY.—In carrying out riod and inserting a semicolon; and TIES.—(1) Notwithstanding section 1532 of subsection (c)(5), the Director of Science and (3) by adding at the end the following new title 31, United States Code, or any other Technology shall— provision of law prohibiting the interagency subparagraphs: ‘‘(1) systematically identify and assess the financing of activities described in clause (i) ‘‘(G) in carrying out this subsection, have most significant intelligence challenges that or (ii) of subparagraph (A), in the perform- the authority— require technical solutions; ance of the responsibilities, authorities, and ‘‘(i) to direct the development, deploy- ‘‘(2) examine options to enhance the re- ment, and utilization of systems of common duties of the Director of National Intel- ligence or the Office of the Director of Na- sponsiveness of research and design pro- concern for elements of the intelligence com- tional Intelligence— grams of the elements of the intelligence munity, or that support the activities of ‘‘(A) the Director may authorize the use of community to meet the requirements of the such elements, related to the collection, interagency financing for— intelligence community for timely support; processing, analysis, exploitation, and dis- ‘‘(i) national intelligence centers estab- and semination of intelligence information; and lished by the Director under section 119B; ‘‘(3) assist the Director of National Intel- ‘‘(ii) without regard to any provision of law and ligence in establishing research and develop- relating to the transfer, reprogramming, ob- ‘‘(ii) boards, commissions, councils, com- ment priorities and projects for the intel- ligation, or expenditure of funds, other than mittees, and similar groups established by ligence community that— the provisions of this Act and the National the Director; and ‘‘(A) are consistent with current or future Security Intelligence Reform Act of 2004 ‘‘(B) upon the authorization of the Direc- national intelligence requirements; (title I of Public Law 108–458), to expend tor, any department, agency, or element of ‘‘(B) address deficiencies or gaps in the col- funds for purposes associated with the devel- the United States Government, including lection, processing, analysis, or dissemina- opment, deployment, and utilization of such any element of the intelligence community, tion of national intelligence; systems, which funds may be received and may fund or participate in the funding of ‘‘(C) take into account funding constraints utilized by any department, agency, or other such activities. in program development and acquisition; and ‘‘(D) address system requirements from element of the United States Government for ‘‘(2) No provision of law enacted after the collection to final dissemination (also known such purposes; and date of the enactment of this subsection as ‘end-to-end architecture’).’’. ‘‘(H) for purposes of addressing critical shall be deemed to limit or supersede the au- thority in paragraph (1) unless such provi- (c) REPORT.—(1) Not later than June 30, gaps in intelligence information sharing or 2007, the Director of National Intelligence access capabilities, have the authority to sion makes specific reference to the author- ity in that paragraph.’’. shall submit to Congress a report containing transfer funds appropriated for a program a strategy for the development and use of within the National Intelligence Program to SEC. lll. CLARIFICATION OF LIMITATION ON CO-LOCATION OF THE OFFICE OF technology in the intelligence community a program funded by appropriations not THE DIRECTOR OF NATIONAL INTEL- through 2021. within the National Intelligence Program, LIGENCE. (2) The report shall include— consistent with paragraphs (3) through (7) of Section 103(e) of the National Security Act (A) an assessment of the highest priority subsection (d).’’. of 1947 (50 U.S.C. 403–3(e)) is amended— intelligence gaps across the intelligence

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.105 SWEST PsN: S07MRPT1 S2838 CONGRESSIONAL RECORD — SENATE March 7, 2007 community that may be resolved by the use ‘‘(B) to prevent and detect fraud and abuse telligence sources and methods described in of technology; in such programs, operations, and relation- such reports; and (B) goals for advanced research and devel- ships; ‘‘(4) in the execution of the duties and re- opment and a strategy to achieve such goals; ‘‘(3) provide a means for keeping the Direc- sponsibilities under this section, to comply (C) an explanation of how each advanced tor of National Intelligence fully and cur- with generally accepted government audit- research and development project funded rently informed about— ing standards. under the National Intelligence Program ad- ‘‘(A) problems and deficiencies relating to ‘‘(e) LIMITATIONS ON ACTIVITIES.—(1) The dresses an identified intelligence gap; the administration and implementation of Director of National Intelligence may pro- (D) a list of all current and projected re- such programs and operations, and to such hibit the Inspector General of the Intel- search and development projects by research relationships; and ligence Community from initiating, carrying type (basic, advanced, or applied) with esti- ‘‘(B) the necessity for, and the progress of, out, or completing any investigation, inspec- mated funding levels, estimated initiation corrective actions; and tion, or audit if the Director determines that dates, and estimated completion dates; and ‘‘(4) in the manner prescribed by this sec- such prohibition is necessary to protect vital (E) a plan to incorporate technology from tion, ensure that the congressional intel- national security interests of the United research and development projects into Na- ligence committees are kept similarly in- States. tional Intelligence Program acquisition pro- formed of— ‘‘(2) If the Director exercises the authority grams. ‘‘(A) significant problems and deficiencies under paragraph (1), the Director shall sub- (3) The report may be submitted in classi- relating to the administration and imple- mit an appropriately classified statement of fied form. mentation of such programs and operations, the reasons for the exercise of such author- ity within 7 days to the congressional intel- SEC. lll. APPOINTMENT AND TITLE OF CHIEF and to such relationships; and INFORMATION OFFICER OF THE IN- ‘‘(B) the necessity for, and the progress of, ligence committees. TELLIGENCE COMMUNITY. corrective actions. ‘‘(3) The Director shall advise the Inspector General at the time a report under para- (a) APPOINTMENT.— ‘‘(c) INSPECTOR GENERAL OF INTELLIGENCE graph (2) is submitted, and, to the extent (1) IN GENERAL.—Subsection (a) of section COMMUNITY.—(1) There is an Inspector Gen- consistent with the protection of intel- 103G of the National Security Act of 1947 (50 eral of the Intelligence Community, who ligence sources and methods, provide the In- U.S.C. 403–3g) is amended by striking ‘‘the shall be the head of the Office of the Inspec- spector General with a copy of such report. President, by and with the advice and con- tor General of the Intelligence Community, ‘‘(4) The Inspector General may submit to sent of the Senate’’ and inserting ‘‘the Direc- who shall be appointed by the President, by the congressional intelligence committees tor of National Intelligence’’. and with the advice and consent of the Sen- ate. any comments on a report of which the In- (2) APPLICABILITY.—The amendment made ‘‘(2) The nomination of an individual for spector General has notice under paragraph by paragraph (1) shall take effect on the date appointment as Inspector General shall be (3) that the Inspector General considers ap- of the enactment of this Act, and shall apply made— propriate. with respect to any appointment of an indi- ‘‘(A) without regard to political affiliation; ‘‘(f) AUTHORITIES.—(1) The Inspector Gen- vidual as Chief Information Officer of the In- ‘‘(B) solely on the basis of integrity, com- eral of the Intelligence Community shall telligence Community that is made on or pliance with the security standards of the in- have direct and prompt access to the Direc- after that date. telligence community, and prior experience tor of National Intelligence when necessary (b) TITLE.—Such section is further amend- in the field of intelligence or national secu- for any purpose pertaining to the perform- ed— rity; and ance of the duties of the Inspector General. (1) in subsection (a), by inserting ‘‘of the ‘‘(C) on the basis of demonstrated ability ‘‘(2)(A) The Inspector General shall have Intelligence Community’’ after ‘‘Chief Infor- in accounting, financial analysis, law, man- access to any employee, or any employee of mation Officer’’; agement analysis, public administration, or a contractor, of any element of the intel- (2) in subsection (b), by inserting ‘‘of the auditing. ligence community whose testimony is need- Intelligence Community’’ after ‘‘Chief Infor- ‘‘(3) The Inspector General shall report di- ed for the performance of the duties of the mation Officer’’; rectly to and be under the general super- Inspector General. (3) in subsection (c), by inserting ‘‘of the vision of the Director of National Intel- ‘‘(B) The Inspector General shall have di- Intelligence Community’’ after ‘‘Chief Infor- ligence. rect access to all records, reports, audits, re- mation Officer’’; and ‘‘(4) The Inspector General may be removed views, documents, papers, recommendations, (4) in subsection (d), by inserting ‘‘of the from office only by the President. The Presi- or other material which relate to the pro- Intelligence Community’’ after ‘‘Chief Infor- dent shall immediately communicate in grams and operations with respect to which mation Officer’’ the first place it appears. writing to the congressional intelligence the Inspector General has responsibilities SEC. lll. INSPECTOR GENERAL OF THE INTEL- committees the reasons for the removal of under this section. LIGENCE COMMUNITY. any individual from the position of Inspector ‘‘(C) The level of classification or (a) ESTABLISHMENT.—(1) Title I of the Na- General. compartmentation of information shall not, tional Security Act of 1947 (50 U.S.C. 402 et ‘‘(d) DUTIES AND RESPONSIBILITIES.—Sub- in and of itself, provide a sufficient rationale seq.) is amended by inserting after section ject to subsections (g) and (h), it shall be the for denying the Inspector General access to 103G the following new section: duty and responsibility of the Inspector Gen- any materials under subparagraph (B). eral of the Intelligence Community— ‘‘(D) Failure on the part of any employee, ‘‘INSPECTOR GENERAL OF THE INTELLIGENCE ‘‘(1) to provide policy direction for, and to or any employee of a contractor, of any ele- COMMUNITY plan, conduct, supervise, and coordinate ment of the intelligence community to co- ‘‘SEC. 103H. (a) OFFICE OF INSPECTOR GEN- independently, the investigations, inspec- operate with the Inspector General shall be ERAL OF INTELLIGENCE COMMUNITY.—There is tions, and audits relating to the programs grounds for appropriate administrative ac- within the Office of the Director of National and operations of the intelligence commu- tions by the Director or, on the rec- Intelligence an Office of the Inspector Gen- nity, the elements of the intelligence com- ommendation of the Director, other appro- eral of the Intelligence Community. munity within the National Intelligence Pro- priate officials of the intelligence commu- ‘‘(b) PURPOSE.—The purpose of the Office of gram, and the relationships between the ele- nity, including loss of employment or the the Inspector General of the Intelligence ments of the intelligence community within termination of an existing contractual rela- Community is to— the National Intelligence Program and the tionship. ‘‘(1) create an objective and effective of- other elements of the intelligence commu- ‘‘(3) The Inspector General is authorized to fice, appropriately accountable to Congress, nity to ensure they are conducted efficiently receive and investigate complaints or infor- to initiate and conduct independently inves- and in accordance with applicable law and mation from any person concerning the ex- tigations, inspections, and audits relating regulations; istence of an activity constituting a viola- to— ‘‘(2) to keep the Director of National Intel- tion of laws, rules, or regulations, or mis- ‘‘(A) the programs and operations of the in- ligence fully and currently informed con- management, gross waste of funds, abuse of telligence community; cerning violations of law and regulations, authority, or a substantial and specific dan- ‘‘(B) the elements of the intelligence com- violations of civil liberties and privacy, and ger to the public health and safety. Once munity within the National Intelligence Pro- fraud and other serious problems, abuses, such complaint or information has been re- gram; and and deficiencies that may occur in such pro- ceived from an employee of the Federal Gov- ‘‘(C) the relationships between the ele- grams and operations, and in such relation- ernment— ments of the intelligence community within ships, and to report the progress made in im- ‘‘(A) the Inspector General shall not dis- the National Intelligence Program and the plementing corrective action; close the identity of the employee without other elements of the intelligence commu- ‘‘(3) to take due regard for the protection the consent of the employee, unless the In- nity; of intelligence sources and methods in the spector General determines that such disclo- ‘‘(2) recommend policies designed— preparation of all reports issued by the In- sure is unavoidable during the course of the ‘‘(A) to promote economy, efficiency, and spector General, and, to the extent con- investigation or the disclosure is made to an effectiveness in the administration and im- sistent with the purpose and objective of official of the Department of Justice respon- plementation of such programs and oper- such reports, take such measures as may be sible for determining whether a prosecution ations, and in such relationships; and appropriate to minimize the disclosure of in- should be undertaken; and

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.105 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2839 ‘‘(B) no action constituting a reprisal, or fense or to any other Inspector General with- elements of the intelligence community, threat of reprisal, for making such com- in the Department of Defense. identified by the Inspector General during plaint may be taken by any employee in a ‘‘(h) STAFF AND OTHER SUPPORT.—(1) The the period covered by such report. position to take such actions, unless the Inspector General of the Intelligence Com- ‘‘(iii) A description of the recommenda- complaint was made or the information was munity shall be provided with appropriate tions for corrective or disciplinary action disclosed with the knowledge that it was and adequate office space at central and field made by the Inspector General during the pe- false or with willful disregard for its truth or office locations, together with such equip- riod covered by such report with respect to falsity. ment, office supplies, maintenance services, significant problems, abuses, or deficiencies ‘‘(4) The Inspector General shall have au- and communications facilities and services identified in clause (ii). thority to administer to or take from any as may be necessary for the operation of ‘‘(iv) A statement whether or not correc- person an oath, affirmation, or affidavit, such offices. tive or disciplinary action has been com- whenever necessary in the performance of ‘‘(2)(A) Subject to applicable law and the pleted on each significant recommendation the duties of the Inspector General, which policies of the Director of National Intel- described in previous semiannual reports, oath, affirmation, or affidavit when adminis- ligence, the Inspector General shall select, and, in a case where corrective action has tered or taken by or before an employee of appoint, and employ such officers and em- been completed, a description of such correc- the Office of the Inspector General of the In- ployees as may be necessary to carry out the tive action. telligence Community designated by the In- functions of the Inspector General. The In- ‘‘(v) A certification whether or not the In- spector General shall have the same force spector General shall ensure that any officer spector General has had full and direct ac- and effect as if administered or taken by or or employee so selected, appointed, or em- cess to all information relevant to the per- before an officer having a seal. ployed has security clearances appropriate formance of the functions of the Inspector ‘‘(5)(A) Except as provided in subparagraph for the assigned duties of such officer or em- General. (B), the Inspector General is authorized to ployee. ‘‘(vi) A description of the exercise of the require by subpoena the production of all in- ‘‘(B) In making selections under subpara- subpoena authority under subsection (f)(5) by formation, documents, reports, answers, graph (A), the Inspector General shall ensure the Inspector General during the period cov- records, accounts, papers, and other data and that such officers and employees have the ered by such report. documentary evidence necessary in the per- requisite training and experience to enable ‘‘(vii) Such recommendations as the In- formance of the duties and responsibilities of the Inspector General to carry out the duties spector General considers appropriate for the Inspector General. of the Inspector General effectively. legislation to promote economy, efficiency, ‘‘(B) In the case of departments, agencies, ‘‘(C) In meeting the requirements of this and effectiveness in the administration and and other elements of the United States Gov- paragraph, the Inspector General shall cre- implementation of programs and operations ernment, the Inspector General shall obtain ate within the Office of the Inspector Gen- undertaken by the intelligence community, information, documents, reports, answers, eral of the Intelligence Community a career records, accounts, papers, and other data and and in the relationships between elements of cadre of sufficient size to provide appro- the intelligence community, and to detect evidence for the purpose specified in sub- priate continuity and objectivity needed for paragraph (A) using procedures other than and eliminate fraud and abuse in such pro- the effective performance of the duties of the grams and operations and in such relation- by subpoenas. Inspector General. ‘‘(C) The Inspector General may not issue a ships. ‘‘(3)(A) Subject to the concurrence of the ‘‘(C) Not later than the 30 days after the subpoena for or on behalf of any other ele- Director, the Inspector General may request ment of the intelligence community, includ- date of receipt of a report under subpara- such information or assistance as may be graph (A), the Director shall transmit the re- ing the Office of the Director of National In- necessary for carrying out the duties and re- telligence. port to the congressional intelligence com- sponsibilities of the Inspector General from mittees together with any comments the Di- ‘‘(D) In the case of contumacy or refusal to any department, agency, or other element of obey a subpoena issued under this paragraph, rector considers appropriate. the United States Government. the subpoena shall be enforceable by order of ‘‘(2)(A) The Inspector General shall report ‘‘(B) Upon request of the Inspector General immediately to the Director whenever the any appropriate district court of the United for information or assistance under subpara- Inspector General becomes aware of particu- States. graph (A), the head of the department, agen- larly serious or flagrant problems, abuses, or ‘‘(g) COORDINATION AMONG INSPECTORS GEN- cy, or element concerned shall, insofar as is deficiencies relating to the administration ERAL OF INTELLIGENCE COMMUNITY.—(1) In practicable and not in contravention of any the event of a matter within the jurisdiction and implementation of programs or oper- existing statutory restriction or regulation of the Inspector General of the Intelligence ations of the intelligence community or in of the department, agency, or element, fur- Community that may be subject to an inves- the relationships between elements of the in- nish to the Inspector General, or to an au- tigation, inspection, or audit by both the In- telligence community. ‘‘(B) The Director shall transmit to the spector General of the Intelligence Commu- thorized designee, such information or as- congressional intelligence committees each nity and an Inspector General, whether stat- sistance. ‘‘(C) The Inspector General of the Intel- report under subparagraph (A) within seven utory or administrative, with oversight re- ligence Community may, upon reasonable calendar days of receipt of such report, to- sponsibility for an element or elements of notice to the head of any element of the in- gether with such comments as the Director the intelligence community, the Inspector telligence community, conduct, as author- considers appropriate. General of the Intelligence Community and ‘‘(3) In the event that— such other Inspector or Inspectors General ized by this section, an investigation, inspec- tion, or audit of such element and may enter ‘‘(A) the Inspector General is unable to re- shall expeditiously resolve which Inspector solve any differences with the Director af- General shall conduct such investigation, in- into any place occupied by such element for fecting the execution of the duties or respon- spection, or audit. purposes of the performance of the duties of sibilities of the Inspector General; ‘‘(2) The Inspector General conducting an the Inspector General. investigation, inspection, or audit covered ‘‘(i) REPORTS.—(1)(A) The Inspector Gen- ‘‘(B) an investigation, inspection, or audit by paragraph (1) shall submit the results of eral of the Intelligence Community shall, carried out by the Inspector General focuses such investigation, inspection, or audit to not later than January 31 and July 31 of each on any current or former intelligence com- any other Inspector General, including the year, prepare and submit to the Director of munity official who— Inspector General of the Intelligence Com- National Intelligence a classified, and, as ap- ‘‘(i) holds or held a position in an element munity, with jurisdiction to conduct such in- propriate, unclassified semiannual report of the intelligence community that is sub- vestigation, inspection, or audit who did not summarizing the activities of the Office of ject to appointment by the President, wheth- conduct such investigation, inspection, or the Inspector General of the Intelligence er or not by and with the advice and consent audit. Community during the immediately pre- of the Senate, including such a position held ‘‘(3)(A) If an investigation, inspection, or ceding 6-month periods ending December 31 on an acting basis; audit covered by paragraph (1) is conducted (of the preceding year) and June 30, respec- ‘‘(ii) holds or held a position in an element by an Inspector General other than the In- tively. of the intelligence community, including a spector General of the Intelligence Commu- ‘‘(B) Each report under this paragraph position held on an acting basis, that is ap- nity, the Inspector General of the Intel- shall include, at a minimum, the following: pointed by the Director of National Intel- ligence Community may, upon completion of ‘‘(i) A list of the title or subject of each in- ligence; or such investigation, inspection, or audit by vestigation, inspection, or audit conducted ‘‘(iii) holds or held a position as head of an such other Inspector General, conduct under during the period covered by such report, in- element of the intelligence community or a this section a separate investigation, inspec- cluding a summary of the progress of each position covered by subsection (b) or (c) of tion, or audit of the matter concerned if the particular investigation, inspection, or audit section 106; Inspector General of the Intelligence Com- since the preceding report of the Inspector ‘‘(C) a matter requires a report by the In- munity determines that such initial inves- General under this paragraph. spector General to the Department of Jus- tigation, inspection, or audit was deficient in ‘‘(ii) A description of significant problems, tice on possible criminal conduct by a cur- some manner or that further investigation, abuses, and deficiencies relating to the ad- rent or former official described in subpara- inspection, or audit is required. ministration and implementation of pro- graph (B); ‘‘(B) This paragraph shall not apply to the grams and operations of the intelligence ‘‘(D) the Inspector General receives notice Inspector General of the Department of De- community, and in the relationships between from the Department of Justice declining or

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approving prosecution of possible criminal ‘‘(i) A serious or flagrant problem, abuse, ‘‘(1) ESTABLISHMENT.—The’’; and conduct of any current or former official de- violation of law or Executive order, or defi- (2) by adding at the end the following new scribed in subparagraph (B); or ciency relating to the funding, administra- paragraphs: ‘‘(E) the Inspector General, after exhaust- tion, or operation of an intelligence activity ‘‘(2) DIRECTOR.—The head of the National ing all possible alternatives, is unable to ob- involving classified information, but does Counter Proliferation Center shall be the Di- tain significant documentary information in not include differences of opinions con- rector of the National Counter Proliferation the course of an investigation, inspection, or cerning public policy matters. Center, who shall be appointed by the Direc- audit, ‘‘(ii) A false statement to Congress, or a tor of National Intelligence. the Inspector General shall immediately no- willful withholding from Congress, on an ‘‘(3) LOCATION.—The National Counter Pro- tify and submit a report on such matter to issue of material fact relating to the fund- liferation Center shall be located within the the congressional intelligence committees. ing, administration, or operation of an intel- Office of the Director of National Intel- ‘‘(4) Pursuant to title V, the Director shall ligence activity. ligence.’’. submit to the congressional intelligence ‘‘(iii) An action, including a personnel ac- (b) OFFICERS.—Section 103(c) of that Act committees any report or findings and rec- tion described in section 2302(a)(2)(A) of title (50 U.S.C. 403–3(c)) is amended— ommendations of an investigation, inspec- 5, United States Code, constituting reprisal (1) by redesignating paragraph (9) as para- tion, or audit conducted by the office which or threat of reprisal prohibited under sub- graph (13); and has been requested by the Chairman or Vice section (f)(3)(B) of this section in response to (2) by inserting after paragraph (8) the fol- Chairman or Ranking Minority Member of an employee’s reporting an urgent concern lowing new paragraphs: either committee. in accordance with this paragraph. ‘‘(9) The Chief Information Officer of the ‘‘(5)(A) An employee of an element of the ‘‘(H) In support of this paragraph, Congress Intelligence Community. intelligence community, an employee as- makes the findings set forth in paragraphs ‘‘(10) The Inspector General of the Intel- signed or detailed to an element of the intel- (1) through (6) of section 701(b) of the Intel- ligence Community. ligence community, or an employee of a con- ligence Community Whistleblower Protec- ‘‘(11) The Director of the National tractor to the intelligence community who tion Act of 1998 (title VII of Public Law 105– Counterterrorism Center. intends to report to Congress a complaint or 272; 5 U.S.C. App. 8H note). ‘‘(12) The Director of the National Counter information with respect to an urgent con- ‘‘(6) In accordance with section 535 of title Proliferation Center.’’. cern may report such complaint or informa- 28, United States Code, the Inspector General SEC. lll. NATIONAL SPACE INTELLIGENCE tion to the Inspector General. shall report to the Attorney General any in- CENTER. ‘‘(B) Not later than the end of the 14-cal- formation, allegation, or complaint received (a) ESTABLISHMENT.— endar day period beginning on the date of re- by the Inspector General relating to viola- (1) IN GENERAL.—Title I of the National Se- ceipt from an employee of a complaint or in- tions of Federal criminal law that involves a curity Act of 1947 (50 U.S.C. 401 et seq.) is formation under subparagraph (A), the In- program or operation of an element of the amended by adding after section 119B the fol- spector General shall determine whether the intelligence community, or in the relation- lowing new section: complaint or information appears credible. ships between the elements of the intel- ‘‘NATIONAL SPACE INTELLIGENCE CENTER Upon making such a determination, the In- ligence community, consistent with such ‘‘SEC. 119C. (a) ESTABLISHMENT.—There is spector General shall transmit to the Direc- guidelines as may be issued by the Attorney established within the Office of the Director tor a notice of that determination, together General pursuant to subsection (b)(2) of such of National Intelligence a National Space In- with the complaint or information. section. A copy of each such report shall be telligence Center. ‘‘(C) Upon receipt of a transmittal from the furnished to the Director. ‘‘(b) DIRECTOR OF NATIONAL SPACE INTEL- Inspector General under subparagraph (B), EPARATE UDGET CCOUNT ‘‘(j) S B A .—The Di- LIGENCE CENTER.—The National Intelligence the Director shall, within seven calendar rector of National Intelligence shall, in ac- Officer for Science and Technology, or a suc- days of such receipt, forward such trans- cordance with procedures to be issued by the cessor position designated by the Director of mittal to the congressional intelligence com- Director in consultation with the congres- National Intelligence, shall act as the Direc- mittees, together with any comments the Di- sional intelligence committees, include in tor of the National Space Intelligence Cen- rector considers appropriate. the National Intelligence Program budget a ter. ‘‘(D)(i) If the Inspector General does not separate account for the Office of Inspector ‘‘(c) MISSIONS.—The National Space Intel- find credible under subparagraph (B) a com- General of the Intelligence Community. ligence Center shall have the following mis- plaint or information submitted under sub- ‘‘(k) CONSTRUCTION OF DUTIES REGARDING sions: paragraph (A), or does not transmit the com- ELEMENTS OF INTELLIGENCE COMMUNITY.—Ex- ‘‘(1) To coordinate and provide policy di- plaint or information to the Director in ac- cept as resolved pursuant to subsection (g), rection for the management of space-related curate form under subparagraph (B), the em- the performance by the Inspector General of intelligence assets. ployee (subject to clause (ii)) may submit the Intelligence Community of any duty, re- ‘‘(2) To prioritize collection activities con- the complaint or information to Congress by sponsibility, or function regarding an ele- sistent with the National Intelligence Col- contacting either or both of the congres- ment of the intelligence community shall lection Priorities framework, or a successor sional intelligence committees directly. not be construed to modify or effect the du- ‘‘(ii) An employee may contact the intel- framework or other document designated by ties and responsibilities of any other Inspec- the Director of National Intelligence. ligence committees directly as described in tor General, whether statutory or adminis- clause (i) only if the employee— ‘‘(3) To provide policy direction for pro- trative, having duties and responsibilities re- grams designed to ensure a sufficient cadre ‘‘(I) before making such a contact, fur- lating to such element.’’. nishes to the Director, through the Inspector of government and nongovernment personnel (2) The table of contents in the first sec- in fields relating to space intelligence, in- General, a statement of the employee’s com- tion of the National Security Act of 1947 is plaint or information and notice of the em- cluding programs to support education, re- amended by inserting after the item relating cruitment, hiring, training, and retention of ployee’s intent to contact the congressional to section 103G the following new item: intelligence committees directly; and qualified personnel. ‘‘Sec. 103H. Inspector General of the Intel- ‘‘(4) To evaluate independent analytic as- ‘‘(II) obtains and follows from the Director, ligence Community.’’. through the Inspector General, direction on sessments of threats to classified United how to contact the intelligence committees (b) REPEAL OF SUPERSEDED AUTHORITY TO States space intelligence systems through- in accordance with appropriate security ESTABLISH POSITION.—Section 8K of the In- out all phases of the development, acquisi- practices. spector General Act of 1978 (5 U.S.C. App.) is tion, and operation of such systems. ‘‘(iii) A member or employee of one of the repealed. ‘‘(d) ACCESS TO INFORMATION.—The Direc- congressional intelligence committees who (c) EXECUTIVE SCHEDULE LEVEL IV.—Sec- tor of National Intelligence shall ensure that receives a complaint or information under tion 5314 of title 5, United States Code, is the National Space Intelligence Center has clause (i) does so in that member or employ- amended by adding at the end the following access to all national intelligence informa- ee’s official capacity as a member or em- new item: tion (as appropriate), and such other infor- ployee of such committee. ‘‘Inspector General of the Intelligence mation (as appropriate and practical), nec- ‘‘(E) The Inspector General shall notify an Community.’’. essary for the Center to carry out the mis- employee who reports a complaint or infor- SEC. lll. LEADERSHIP AND LOCATION OF CER- sions of the Center under subsection (c). mation to the Inspector General under this TAIN OFFICES AND OFFICIALS. ‘‘(e) SEPARATE BUDGET ACCOUNT.—The Di- paragraph of each action taken under this (a) NATIONAL COUNTER PROLIFERATION CEN- rector of National Intelligence shall include paragraph with respect to the complaint or TER.—Section 119A(a) of the National Secu- in the National Intelligence Program budget information. Such notice shall be provided rity Act of 1947 (50 U.S.C. 404o–1(a)) is amend- a separate line item for the National Space not later than 3 days after any such action is ed— Intelligence Center.’’. taken. (1) by striking ‘‘(a) ESTABLISHMENT.—Not (2) CLERICAL AMENDMENT.—The table of ‘‘(F) An action taken by the Director or later than 18 months after the date of the en- contents for that Act is amended by insert- the Inspector General under this paragraph actment of the National Security Intel- ing after the item relating to section 119B shall not be subject to judicial review. ligence Reform Act of 2004, the’’ and insert- the following new item: ‘‘(G) In this paragraph, the term ‘urgent ing the following: ‘‘Sec. 119C. National Space Intelligence Cen- concern’ means any of the following: ‘‘(a) IN GENERAL.— ter.’’.

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(b) REPORT ON ORGANIZATION OF CENTER.— formation to the Office to the extent author- serting ‘‘Director of National Intelligence or (1) REPORT REQUIRED.—Not later than 180 ized by such section. Director of the Central Intelligence Agen- days after the date of the enactment of this ‘‘(c) SEARCH AND REVIEW FOR CERTAIN PUR- cy’’. Act, the Director of the National Space In- POSES.—Notwithstanding subsection (a), ex- (e) TECHNICAL AND STYLISTIC AMEND- telligence Center shall submit to the Select empted operational files shall continue to be MENTS.—That section is further amended— subject to search and review for information Committee on Intelligence of the Senate and (1) in subsection (b)— the Permanent Select Committee on Intel- concerning any of the following: (A) by inserting ‘‘PERSONNEL ELIGIBLE FOR ligence of the House of Representatives a re- ‘‘(1) United States citizens or aliens law- AWARDS.—’’ after ‘‘(b)’’; fully admitted for permanent residence who port on the organizational structure of the (B) by striking ‘‘subsection (a) of this sec- have requested information on themselves National Space Intelligence Center estab- tion’’ and inserting ‘‘subsection (a)’’; and pursuant to the provisions of section 552 or lished by section 119C of the National Secu- (C) by striking ‘‘a date five years before 552a of title 5, United States Code. rity Act of 1947 (as added by subsection (a)). the date of enactment of this section’’ and ‘‘(2) Any special activity the existence of (2) ELEMENTS.—The report required by inserting ‘‘December 9, 1978’’; and which is not exempt from disclosure under paragraph (1) shall include the following: (2) in subsection (c), as so redesignated, by (A) The proposed organizational structure the provisions of section 552 of title 5, United inserting ‘‘PAYMENT AND ACCEPTANCE OF of the National Space Intelligence Center. States Code. AWARDS.—’’ after ‘‘(c)’’. (B) An identification of key participants in ‘‘(3) The specific subject matter of an in- the Center. vestigation by any of the following for any SEC. lll. REPEAL OF CERTAIN AUTHORITIES (C) A strategic plan for the Center during impropriety, or violation of law, Executive RELATING TO THE OFFICE OF THE the five-year period beginning on the date of order, or Presidential directive, in the con- NATIONAL COUNTERINTELLIGENCE the report. duct of an intelligence activity: EXECUTIVE. SEC. lll. OPERATIONAL FILES IN THE OFFICE ‘‘(A) The Select Committee on Intelligence (a) REPEAL OF CERTAIN AUTHORITIES.—Sec- OF THE DIRECTOR OF NATIONAL IN- of the Senate. tion 904 of the Counterintelligence Enhance- TELLIGENCE. ‘‘(B) The Permanent Select Committee on ment Act of 2002 (title IX of Public Law 107– (a) IN GENERAL.—Title VII of the National Intelligence of the House of Representatives. 306; 50 U.S.C. 402c) is amended— Security Act of 1947 (50 U.S.C. 431 et seq.) is ‘‘(C) The Intelligence Oversight Board. (1) by striking subsections (d), (g), (h), (i), amended by inserting before section 701 the ‘‘(D) The Department of Justice. and (j); and following new section: ‘‘(E) The Office of the Director of National (2) by redesignating subsections (e), (f), (k), ‘‘OPERATIONAL FILES IN THE OFFICE OF THE Intelligence. (l), and (m) as subsections (d), (e), (f), (g), and DIRECTOR OF NATIONAL INTELLIGENCE ‘‘(F) The Office of the Inspector General of (h), respectively. the Intelligence Community.’’. ‘‘SEC. 700. (a) EXEMPTION OF CERTAIN FILES (b) CONFORMING AMENDMENTS.—That sec- (b) CLERICAL AMENDMENT.—The table of FROM SEARCH, REVIEW, PUBLICATION, OR DIS- tion is further amended— contents in the first section of that Act is CLOSURE.—(1) Information and records de- (1) in subsection (d), as redesignated by amended by inserting before the item relat- scribed in paragraph (2) shall be exempt from subsection (a)(2) of this section, by striking ing to section 701 the following new item: the provisions of section 552 of title 5, United ‘‘subsection (f)’’ each place it appears in States Code, that require search, review, ‘‘Sec. 700. Operational files in the Office of paragraphs (1) and (2) and inserting ‘‘sub- publication, or disclosure in connection the Director of National Intel- section (e)’’; and therewith when— ligence.’’. (2) in subsection (e), as so redesignated— ‘‘(A) such information or records are not SEC. lll. ELIGIBILITY FOR INCENTIVE AWARDS (A) in paragraph (1), by striking ‘‘sub- disseminated outside the Office of the Direc- OF PERSONNEL ASSIGNED TO THE section (e)(1)’’ and inserting ‘‘subsection OFFICE OF THE DIRECTOR OF NA- tor of National Intelligence; or TIONAL INTELLIGENCE. (d)(1)’’; and ‘‘(B) such information or records are incor- (a) IN GENERAL.—Subsection (a) of section (B) in paragraph (2), by striking ‘‘sub- porated into new information or records cre- 402 of the Intelligence Authorization Act for section (e)(2)’’ and inserting ‘‘subsection ated by personnel of the Office in a manner Fiscal Year 1984 (50 U.S.C. 403e–1) is amended (d)(2)’’. that identifies such new information or to read as follows: SEC. lll. INAPPLICABILITY OF FEDERAL ADVI- records as incorporating such information or ‘‘(a) AUTHORITY FOR PAYMENT OF AWARDS.— SORY COMMITTEE ACT TO ADVISORY records and such new information or records (1) The Director of National Intelligence COMMITTEES OF THE OFFICE OF are not disseminated outside the Office. may exercise the authority granted in sec- THE DIRECTOR OF NATIONAL INTEL- ‘‘(2) Information and records described in tion 4503 of title 5, United States Code, with LIGENCE. this paragraph are the following: respect to Federal employees and members Section 4(b) of the Federal Advisory Com- ‘‘(A) Information disseminated or other- of the Armed Forces detailed or assigned to mittee Act (5 U.S.C. App.) is amended— wise provided to an element of the Office of the Office of the Director of National Intel- (1) in paragraph (1), by striking ‘‘or’’; the Director of National Intelligence from ligence in the same manner as such author- (2) in paragraph (2), by striking the period the operational files of an element of the in- ity may be exercised with respect to per- and inserting ‘‘; or’’; and telligence community that have been ex- sonnel of the Office. (3) by adding at the end the following new empted from search, review, publication, or ‘‘(2) The Director of the Central Intel- paragraph: disclosure in accordance with this title or ligence Agency may exercise the authority ‘‘(3) the Office of the Director of National any other provision of law. granted in section 4503 of title 5, United Intelligence.’’. ‘‘(B) Any information or records created by States Code, with respect to Federal employ- the Office that incorporate information de- ees and members of the Armed Forces de- SEC. lll. MEMBERSHIP OF THE DIRECTOR OF scribed in subparagraph (A). tailed or assigned to the Central Intelligence NATIONAL INTELLIGENCE ON THE ‘‘(3) An operational file of an element of Agency in the same manner as such author- TRANSPORTATION SECURITY OVER- SIGHT BOARD. the intelligence community from which in- ity may be exercised with respect to per- formation described in paragraph (2)(A) is sonnel of the Agency.’’. Subparagraph (F) of section 115(b)(1) of disseminated or provided to the Office of the (b) REPEAL OF OBSOLETE AUTHORITY.—That title 49, United States Code, is amended to Director of National Intelligence as de- section is further amended— read as follows: scribed in that paragraph shall remain ex- (1) by striking subsection (c); and ‘‘(F) The Director of National Intelligence, empt from search, review, publication, or (2) by redesignating subsection (d) as sub- or the Director’s designee.’’. disclosure under section 552 of title 5, United section (c). SEC. lll. APPLICABILITY OF THE PRIVACY ACT States Code, to the extent the operational (c) EXPEDITIOUS PAYMENT.—That section is files from which such information was de- TO THE DIRECTOR OF NATIONAL IN- further amended by adding at the end the TELLIGENCE AND THE OFFICE OF rived remain exempt from search, review, following new subsection (d): THE DIRECTOR OF NATIONAL INTEL- publication, or disclosure under section 552 ‘‘(d) EXPEDITIOUS PAYMENT.—Payment of LIGENCE. of such title. an award under this authority in this section (a) AUTHORITY TO EXEMPT.—The Director ‘‘(b) SEARCH AND REVIEW OF CERTAIN shall be made as expeditiously as is prac- of National Intelligence may prescribe regu- FILES.—Information disseminated or other- ticable after the making of the award.’’. wise provided to the Office of the Director of (d) CONFORMING AMENDMENTS.—That sec- lations to exempt any system of records National Intelligence by another element of tion is further amended— within the Office of the Director of National the intelligence community that is not ex- (1) in subsection (b), by striking ‘‘to the Intelligence from the applicability of the empt from search, review, publication, or Central Intelligence Agency or to the Intel- provisions of subsections (c)(3), (c)(4), and (d) disclosure under subsection (a), and that is ligence Community Staff’’ and inserting ‘‘to of section 552a of title 5, United States Code. authorized to be disseminated outside the Of- the Office of the Director of National Intel- (b) PROMULGATION REQUIREMENTS.—In pre- fice, shall be subject to search and review ligence or to the Central Intelligence Agen- scribing any regulations under subsection under section 552 of title 5, United States cy’’; and (a), the Director shall comply with the re- Code, but may remain exempt from publica- (2) in subsection (c), as redesignated by quirements (including general notice re- tion and disclosure under such section by the subsection (b)(2) of this section, by striking quirements) of subsections (b), (c), and (e) of element disseminating or providing such in- ‘‘Director of Central Intelligence’’ and in- section 553 of title 5, United States Code.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.106 SWEST PsN: S07MRPT1 S2842 CONGRESSIONAL RECORD — SENATE March 7, 2007 PART II—CENTRAL INTELLIGENCE (3) A commissioned officer described in subsection (a), and section 6 of the Central AGENCY paragraph (1), while serving, or continuing in Intelligence Agency Act of 1949, as amended SEC. lll. DIRECTOR AND DEPUTY DIRECTOR the administrative performance of duties, as by subsection (b), shall be treated as statutes OF THE CENTRAL INTELLIGENCE described in that paragraph and while re- that specifically exempt from disclosure the AGENCY. maining on active duty, shall continue to re- matters specified in such sections for pur- (a) APPOINTMENT OF DIRECTOR OF CENTRAL ceive military pay and allowances. Funds poses of section 552(b)(3) of title 5, United INTELLIGENCE AGENCY.—Subsection (a) of from which such pay and allowances are paid States Code. section 104A of the National Security Act of shall be reimbursed from funds available to (d) TECHNICAL AMENDMENTS TO CENTRAL IN- 1947 (50 U.S.C. 403–4a) is amended by insert- the Director of the Central Intelligence TELLIGENCE AGENCY RETIREMENT ACT.—Sec- ing ‘‘from civilian life’’ after ‘‘who shall be Agency. tion 201(c) of the Central Intelligence Agency appointed’’. (g) EFFECTIVE DATE AND APPLICABILITY.— Retirement Act (50 U.S.C. 2011(c)) is amend- (b) ESTABLISHMENT OF POSITION OF DEPUTY (1) DIRECTOR OF CENTRAL INTELLIGENCE ed— DIRECTOR OF CENTRAL INTELLIGENCE AGEN- AGENCY.—The amendment made by sub- (1) in the subsection caption, by striking CY.—Such section is further amended— section (a) shall— ‘‘OF DCI’’; (1) by redesignating subsections (b), (c), (A) take effect on the date of the enact- (2) by striking ‘‘section 102A(i)’’ and insert- (d), (e), (f), and (g) as subsections (c), (d), (e), ment of this Act; and ing ‘‘sections 102A(i) and 104A(e)(4)’’; (f), (g), and (h), respectively; and (B) apply upon the occurrence of any act (3) by striking ‘‘of National Intelligence’’; (2) by inserting after subsection (a) the fol- creating a vacancy in the position of Direc- and lowing new subsection (b): tor of the Central Intelligence Agency after (4) by inserting ‘‘of the Central Intel- ‘‘(b) DEPUTY DIRECTOR OF CENTRAL INTEL- such date, except that if the vacancy occurs ligence Agency’’ after ‘‘methods’’. LIGENCE AGENCY.—(1) There is a Deputy Di- by resignation from such position of the in- rector of the Central Intelligence Agency SEC. lll. ADDITIONAL EXCEPTION TO FOREIGN dividual serving in such position on such LANGUAGE PROFICIENCY REQUIRE- who shall be appointed from civilian life by date, that individual may continue serving MENT FOR CERTAIN SENIOR LEVEL the President, by and with the advice and in such position after such resignation until POSITIONS IN THE CENTRAL INTEL- consent of the Senate. the individual appointed to succeed such re- LIGENCE AGENCY. ‘‘(2) The Deputy Director of the Central In- signing individual as Director of the Central (a) ADDITIONAL EXCEPTION.—Subsection (h) telligence Agency shall assist the Director of Intelligence Agency, by and with the advice of section 104A of the National Security Act the Central Intelligence Agency in carrying and consent of the Senate, assumes the du- of 1947 (50 U.S.C. 403–4a), as redesignated by out the duties and responsibilities of the Di- ties of such position. section 421(b)(1) of this Act, is further rector. (2) DEPUTY DIRECTOR OF CENTRAL INTEL- amended— ‘‘(3) The Deputy Director of the Central In- LIGENCE AGENCY.—The amendments made by (1) in paragraph (1)— telligence Agency shall act for, and exercise subsections (b) through (e) shall take effect (A) by striking ‘‘paragraph (2)’’ and insert- the powers of, the Director of the Central In- on the date of the enactment of this Act and ing ‘‘paragraphs (2) and (3)’’; and telligence Agency during the absence or dis- shall apply upon the earlier of— (B) by striking ‘‘Directorate of Oper- ability of the Director of the Central Intel- (A) the date of the nomination by the ations’’ and inserting ‘‘National Clandestine ligence Agency or during a vacancy in the President of an individual to serve as Deputy Service’’; position of Director of the Central Intel- Director of the Central Intelligence Agency, (2) in paragraph (2), by striking ‘‘position ligence Agency.’’. except that the individual administratively or category of positions’’ each place it ap- (c) CONFORMING AMENDMENT.—Paragraph performing the duties of the Deputy Director pears and inserting ‘‘individual, individuals, (2) of subsection (d) of such section, as redes- of the Central Intelligence Agency as of the position, or category of positions’’; and ignated by subsection (b)(1) of this section, is date of the enactment of this Act may con- (3) by adding at the end the following new further amended by striking ‘‘subsection (d)’’ tinue to perform such duties after such date paragraph: and inserting ‘‘subsection (e)’’. of nomination and until the individual ap- (d) EXECUTIVE SCHEDULE LEVEL III.—Sec- ‘‘(3) Paragraph (1) shall not apply to any pointed to the position of Deputy Director of individual in the Directorate of Intelligence tion 5314 of title 5, United States Code, is the Central Intelligence Agency, by and with amended by adding at the end the following or the National Clandestine Service of the the advice and consent of the Senate, as- Central Intelligence Agency who is serving new item: sumes the duties of such position; or ‘‘Deputy Director of the Central Intel- in a Senior Intelligence Service position as (B) the date of the cessation of the per- of December 23, 2005, regardless of whether ligence Agency.’’. formance of the duties of Deputy Director of (e) ROLE OF DNI IN APPOINTMENT.—Section such individual is a member of the Senior In- the Central Intelligence Agency by the indi- 106(a)(2) of the National Security Act of 1947 telligence Service.’’. vidual administratively performing such du- (50 U.S.C. 403–6) is amended by adding at the (b) REPORT ON WAIVERS.—Section 611(c) of ties as of the date of the enactment of this end the following new subparagraph: the Intelligence Authorization Act for Fiscal Act. ‘‘(C) The Deputy Director of the Central Year 2005 (Public Law 108–487; 118 Stat. 3955) Intelligence Agency.’’. SEC. lll. ENHANCED PROTECTION OF CEN- is amended— TRAL INTELLIGENCE AGENCY IN- ILITARY TATUS OF NDIVIDUAL ERV (1) by striking the first sentence and in- (f) M S I S - TELLIGENCE SOURCES AND METH- ING AS DIRECTOR OF CENTRAL INTELLIGENCE ODS FROM UNAUTHORIZED DISCLO- serting the following new sentence: ‘‘The Di- AGENCY OR ADMINISTRATIVELY PERFORMING SURE. rector of the Central Intelligence Agency DUTIES OF DEPUTY DIRECTOR OF CENTRAL IN- (a) RESPONSIBILITY OF DIRECTOR OF CEN- shall submit to Congress a report that iden- TELLIGENCE AGENCY.—(1) A commissioned of- TRAL INTELLIGENCE AGENCY UNDER NATIONAL tifies individuals who, or positions within ficer of the Armed Forces who is serving as SECURITY ACT OF 1947.—Subsection (e) of sec- the Senior Intelligence Service in the Direc- the Director of the Central Intelligence tion 104A of the National Security Act of 1947 torate of Intelligence or the National Clan- Agency or is engaged in administrative per- (50 U.S.C. 403–4a), as redesignated by section destine Service of the Central Intelligence formance of the duties of Deputy Director of 421(b)(1) of this Act, is further amended— Agency that, are determined by the Director the Central Intelligence Agency as of the (1) in paragraph (3), by striking ‘‘and’’ at to require a waiver under subsection (h) of date of the enactment of this Act shall not, the end; section 104A of the National Security Act of while continuing in such service, or in the (2) by redesignating paragraph (4) as para- 1947, as added by subsection (a) and redesig- administrative performance of such duties, graph (5); and nated by section 421(b)(1) of the Intelligence after that date— (3) by inserting after paragraph (3) the fol- Authorization Act for Fiscal Year 2007.’’; and (A) be subject to supervision or control by lowing new paragraph (4): (2) in the second sentence— the Secretary of Defense or by any officer or ‘‘(4) protect intelligence sources and meth- (A) by striking ‘‘section 104A(g)(2), as so employee of the Department of Defense; or ods of the Central Intelligence Agency from added’’ and inserting ‘‘subsection (h)(2) of (B) exercise, by reason of the officer’s sta- unauthorized disclosure, consistent with any section 104A, as so added and redesignated’’; tus as a commissioned officer, any super- direction issued by the President or the Di- and vision or control with respect to any of the rector of National Intelligence; and’’. (B) by striking ‘‘position or category of po- military or civilian personnel of the Depart- (b) PROTECTION UNDER CENTRAL INTEL- sitions’’ and inserting ‘‘individual, individ- ment of Defense except as otherwise author- LIGENCE AGENCY ACT OF 1949.—Section 6 of uals, position, or category of positions’’. ized by law. the Central Intelligence Agency Act of 1949 SEC. lll. ADDITIONAL FUNCTIONS AND AU- (2) Except as provided in subparagraph (A) (50 U.S.C. 403g) is amended by striking ‘‘sec- THORITIES FOR PROTECTIVE PER- or (B) of paragraph (1), the service, or the ad- tion 102A(i)’’ and all that follows through SONNEL OF THE CENTRAL INTEL- ministrative performance of duties, de- ‘‘unauthorized disclosure’’ and inserting LIGENCE AGENCY. scribed in that paragraph by an officer de- ‘‘sections 102A(i) and 104A(e)(4) of the Na- Section 5(a)(4) of the Central Intelligence scribed in that paragraph shall not affect the tional Security Act of 1947 (50 U.S.C. 403–1(i), Agency Act of 1949 (50 U.S.C. 403f(a)(4)) is status, position, rank, or grade of such offi- 403–4a(e)(4))’’. amended— cer in the Armed Forces, or any emolument, (c) CONSTRUCTION WITH EXEMPTION FROM (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; perquisite, right, privilege, or benefit inci- REQUIREMENT FOR DISCLOSURE OF INFORMA- (2) in subparagraph (A), as so designated— dent to or arising out of such status, posi- TION TO PUBLIC.—Section 104A(e)(4) of the (A) by striking ‘‘and the protection’’ and tion, rank, or grade. National Security Act of 1947, as amended by inserting ‘‘the protection’’; and

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.107 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2843 (B) by striking the semicolon and inserting ship between such companies and the United subsection (a) shall not exercise any author- ‘‘, and the protection of the Director of Na- States Government and the services and sac- ity for the service of civil process or the in- tional Intelligence and such personnel of the rifices of such employees to and for the vestigation of criminal offenses. Office of the Director of National Intel- United States, and if legislative action is ‘‘(c) Nothing in this section shall be con- ligence as the Director of National Intel- considered advisable, a proposal for such ac- strued to impair or otherwise affect any au- ligence may designate; and’’; and tion and an assessment of its costs. thority under any other provision of law re- (3) by adding at the end the following new (2) The Director of National Intelligence lating to the performance of protective func- subparagraph: shall include in the report any views of the tions.’’. ‘‘(B) Authorize personnel engaged in the Director of the Central Intelligence Agency SEC. lll. INSPECTOR GENERAL MATTERS. performance of protective functions author- on the matters covered by the report that (a) COVERAGE UNDER INSPECTOR GENERAL ized pursuant to subparagraph (A), when en- the Director of the Central Intelligence ACT OF 1978.—Subsection (a)(2) of section 8G gaged in the performance of such functions, Agency considers appropriate. of the Inspector General Act of 1978 (5 U.S.C. (c) ASSISTANCE OF COMPTROLLER GEN- to make arrests without warrant for any of- App. 8G) is amended— ERAL.—The Comptroller General of the fense against the United States committed (1) by inserting ‘‘the Defense Intelligence United States shall, upon the request of the in the presence of such personnel, or for any Agency,’’ after ‘‘the Corporation for Public Director of National Intelligence and in a felony cognizable under the laws of the Broadcasting,’’; manner consistent with the protection of United States, if such personnel have reason- (2) by inserting ‘‘the National Geospatial- classified information, assist the Director in able grounds to believe that the person to be Intelligence Agency,’’ after ‘‘the National the preparation of the report required by arrested has committed or is committing Endowment for the Arts,’’; and subsection (a). such felony, except that any authority pur- (3) by inserting ‘‘the National Reconnais- (d) FORM.—The report required by sub- suant to this subparagraph may be exercised sance Office, the National Security Agency,’’ section (a) shall be submitted in unclassified only in accordance with guidelines approved after ‘‘the National Labor Relations Board,’’. form, but may include a classified annex. by the Director and the Attorney General (b) CERTAIN DESIGNATIONS UNDER INSPEC- and such personnel may not exercise any au- (e) DEFINITIONS.—In this section: (1) The term ‘‘Air America’’ means Air TOR GENERAL ACT OF 1978.—Subsection (a) of thority for the service of civil process or for section 8H of the Inspector General Act of the investigation of criminal offenses;’’. America, Incorporated. (2) The term ‘‘associated company’’ means 1978 (5 U.S.C. App. 8H) is amended by adding SEC. lll. DIRECTOR OF NATIONAL INTEL- at the end the following new paragraph: LIGENCE REPORT ON RETIREMENT any company associated with or subsidiary to Air America, including Air Asia Company ‘‘(3) The Inspectors General of the Defense BENEFITS FOR FORMER EMPLOYEES Intelligence Agency, the National OF AIR AMERICA. Limited and the Pacific Division of Southern Geospatial-Intelligence Agency, the National (a) IN GENERAL.—Not later than 120 days Air Transport, Incorporated. after the date of the enactment of this Act, Reconnaissance Office, and the National Se- PART III—DEFENSE INTELLIGENCE curity Agency shall be designees of the In- the Director of National Intelligence shall COMPONENTS submit to Congress a report on the advis- spector General of the Department of De- SEC. lll. ENHANCEMENTS OF NATIONAL SECU- fense for purposes of this section.’’. ability of providing Federal retirement bene- RITY AGENCY TRAINING PROGRAM. (c) POWER OF HEADS OF ELEMENTS OVER IN- fits to United States citizens for the service (a) TERMINATION OF EMPLOYEES.—Sub- of such individuals before 1977 as employees VESTIGATIONS.—Subsection (d) of section 8G section (d)(1)(C) of section 16 of the National of that Act— of Air America or an associated company Security Agency Act of 1959 (50 U.S.C. 402 while such company was owned or controlled (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; note) is amended by striking ‘‘terminated ei- (2) in the second sentence of paragraph (1), by the United States Government and oper- ther by’’ and all that follows and inserting ated or managed by the Central Intelligence as designated by paragraph (1) of this sub- ‘‘terminated— Agency. section, by striking ‘‘The head’’ and insert- ‘‘(i) by the Agency due to misconduct by (b) REPORT ELEMENTS.—(1) The report re- ing ‘‘Except as provided in paragraph (2), the quired by subsection (a) shall include the fol- the employee; head’’; and lowing: ‘‘(ii) by the employee voluntarily; or (3) by adding at the end the following new (A) The history of Air America and associ- ‘‘(iii) by the Agency for the failure of the paragraph: ated companies before 1977, including a de- employee to maintain such level of academic ‘‘(2)(A) The Director of National Intel- scription of— standing in the educational course of train- ligence or the Secretary of Defense may pro- (i) the relationship between such compa- ing as the Director of the National Security hibit the Inspector General of an element of nies and the Central Intelligence Agency and Agency shall have specified in the agreement the intelligence community specified in sub- other elements of the United States Govern- of the employee under this subsection; and’’. paragraph (D) from initiating, carrying out, (b) AUTHORITY TO WITHHOLD DISCLOSURE OF ment; or completing any audit or investigation if AFFILIATION WITH NSA.—Subsection (e) of (ii) the workforce of such companies; the Director or the Secretary, as the case such section is amended by striking ‘‘(1) (iii) the missions performed by such com- may be, determines that the prohibition is When an employee’’ and all that follows panies and their employees for the United necessary to protect vital national security through ‘‘(2) Agency efforts’’ and inserting States; and interests of the United States. ‘‘Agency efforts’’. (iv) the casualties suffered by employees of ‘‘(B) If the Director or the Secretary exer- such companies in the course of their em- SEC. lll. CODIFICATION OF AUTHORITIES OF cises the authority under subparagraph (A), NATIONAL SECURITY AGENCY PRO- ployment with such companies. TECTIVE PERSONNEL. the Director or the Secretary, as the case (B) A description of the retirement benefits The National Security Agency Act of 1959 may be, shall submit to the committees of contracted for or promised to the employees (50 U.S.C. 402 note) is amended by adding at Congress specified in subparagraph (E) an ap- of such companies before 1977, the contribu- the end the following new section: propriately classified statement of the rea- tions made by such employees for such bene- ‘‘SEC. 21. (a) The Director is authorized to sons for the exercise of the authority not fits, the retirement benefits actually paid designate personnel of the Agency to per- later than seven days after the exercise of such employees, the entitlement of such em- form protective functions for the Director the authority. ployees to the payment of future retirement and for any personnel of the Agency des- ‘‘(C) At the same time the Director or the benefits, and the likelihood that former em- ignated by the Director. Secretary submits under subparagraph (B) a ployees of such companies will receive any ‘‘(b)(1) In the performance of protective statement on the exercise of the authority in future retirement benefits. functions under this section, personnel of the subparagraph (A) to the committees of Con- (C) An assessment of the difference be- Agency designated to perform protective gress specified in subparagraph (E), the Di- tween— functions pursuant to subsection (a) are au- rector or the Secretary, as the case may be, (i) the retirement benefits that former em- thorized, when engaged in the performance shall notify the Inspector General of such ployees of such companies have received or of such functions, to make arrests without a element of the submittal of such statement will receive by virtue of their employment warrant for— and, to the extent consistent with the pro- with such companies; and ‘‘(A) any offense against the United States tection of intelligence sources and methods, (ii) the retirement benefits that such em- committed in the presence of such personnel; provide the Inspector General with a copy of ployees would have received and in the fu- or such statement. The Inspector General may ture receive if such employees had been, or ‘‘(B) any felony cognizable under the laws submit to such committees of Congress any would now be, treated as employees of the of the United States if such personnel have comments on a notice or statement received United States whose services while in the reasonable grounds to believe that the per- by the Inspector General under this subpara- employ of such companies had been or would son to be arrested has committed or is com- graph that the Inspector General considers now be credited as Federal service for the mitting such felony. appropriate. purpose of Federal retirement benefits. ‘‘(2) The authority in paragraph (1) may be ‘‘(D) The elements of the intelligence com- (D) The recommendations of the Director exercised only in accordance with guidelines munity specified in this subparagraph are as regarding the advisability of legislative ac- approved by the Director and the Attorney follows: tion to treat employment at such companies General. ‘‘(i) The Defense Intelligence Agency. as Federal service for the purpose of Federal ‘‘(3) Personnel of the Agency designated to ‘‘(ii) The National Geospatial-Intelligence retirement benefits in light of the relation- perform protective functions pursuant to Agency.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.107 SWEST PsN: S07MRPT1 S2844 CONGRESSIONAL RECORD — SENATE March 7, 2007 ‘‘(iii) The National Reconnaissance Office. (1) by redesignating paragraph (2) as para- for the provision of services in support of the ‘‘(iv) The National Security Agency. graph (3); mission of the Bureau of Intelligence and Re- ‘‘(E) The committees of Congress specified (2) by inserting after paragraph (1) the fol- search of the Department of State if the Sec- in this subparagraph are— lowing new paragraph (2): retary determines that— ‘‘(i) the Committee on Armed Services and ‘‘(2)(A) As directed by the Director of Na- ‘‘(1) the services to be procured are urgent the Select Committee on Intelligence of the tional Intelligence, the National Geospatial- or unique; and Senate; and Intelligence Agency shall also analyze, dis- ‘‘(2) it would not be practicable for the De- ‘‘(ii) the Committee on Armed Services and seminate, and incorporate into the National partment to obtain such services by other the Permanent Select Committee on Intel- System for Geospatial-Intelligence, means. ligence of the House of Representatives.’’. likenesses, videos, or presentations produced ‘‘(b) TREATMENT AS EMPLOYEES OF THE SEC. lll. CONFIRMATION OF APPOINTMENT OF by ground-based platforms, including UNITED STATES GOVERNMENT.—(1) Individuals HEADS OF CERTAIN COMPONENTS handheld or clandestine photography taken employed under a contract pursuant to the OF THE INTELLIGENCE COMMUNITY. by or on behalf of human intelligence collec- authority in subsection (a) shall not, by vir- (a) DIRECTOR OF NATIONAL SECURITY AGEN- tion organizations or available as open- tue of the performance of services under such CY.—The National Security Agency Act of source information. contract, be considered employees of the 1959 (50 U.S.C. 402 note) is amended by insert- ‘‘(B) The authority provided by this para- United States Government for purposes of ing after the first section the following new graph does not include the authority to man- any law administered by the Office of Per- section: age or direct the tasking of, set require- sonnel Management. ‘‘(2) The Secretary may provide for the ap- ‘‘SEC. 2. (a) There is a Director of the Na- ments and priorities for, set technical re- plicability to individuals described in para- tional Security Agency. quirements related to, or modify any classi- graph (1) of any law administered by the Sec- ‘‘(b) The Director of the National Security fication or dissemination limitations related retary concerning the employment of such Agency shall be appointed by the President, to the collection of, handheld or clandestine by and with the advice and consent of the individuals. photography taken by or on behalf of human ‘‘(c) CONTRACT TO BE APPROPRIATE MEANS Senate. intelligence collection organizations.’’; and ‘‘(c) The Director of the National Security OF SECURING SERVICES.—The chief con- (3) in paragraph (3), as so redesignated, by Agency shall be the head of the National Se- tracting officer of the Department of State striking ‘‘paragraph (1)’’ and inserting curity Agency and shall discharge such func- shall ensure that each contract entered into ‘‘paragraphs (1) and (2)’’. tions and duties as are provided by this Act by the Secretary under this section is the ap- or otherwise by law.’’. SEC. lll. SECURITY CLEARANCES IN THE NA- propriate means of securing the services to TIONAL GEOSPATIAL-INTELLIGENCE (b) DIRECTOR OF NATIONAL GEOSPATIAL-IN- be provided under such contract.’’. AGENCY. TELLIGENCE AGENCY.—Section 441(b) of title SEC. lll. CLARIFICATION OF INCLUSION OF The Secretary of Defense shall, during the 10, United States Code, is amended— COAST GUARD AND DRUG ENFORCE- period beginning on the date of the enact- (1) by redesignating paragraphs (2) and (3) MENT ADMINISTRATION AS ELE- ment of this Act and ending on December 31, MENTS OF THE INTELLIGENCE COM- as paragraphs (3) and (4), respectively; and 2007, delegate to the Director of the National MUNITY. (2) by inserting after paragraph (1) the fol- Geospatial-Intelligence Agency personnel se- Section 3(4) of the National Security Act of lowing new paragraph (2): curity authority with respect to the Na- 1947 (50 U.S.C. 401a(4)) is amended— ‘‘(2) The Director of the National (1) in subparagraph (H)— Geospatial Intelligence Agency shall be ap- tional Geospatial-Intelligence Agency (in- cluding authority relating to the use of con- (A) by inserting ‘‘the Coast Guard,’’ after pointed by the President, by and with the ad- ‘‘the Marine Corps,’’; and vice and consent of the Senate.’’. tractor personnel in investigations and adju- dications for security clearances) that is (B) by inserting ‘‘the Drug Enforcement (c) DIRECTOR OF NATIONAL RECONNAISSANCE Administration,’’ after ‘‘the Federal Bureau OFFICE.—The Director of the National Re- identical to the personnel security authority of the Director of the National Security of Investigation,’’; and connaissance Office shall be appointed by the (2) in subparagraph (K), by striking ‘‘, in- President, by and with the advice and con- Agency with respect to the National Secu- rity Agency. cluding the Office of Intelligence of the sent of the Senate. Coast Guard’’. (d) POSITIONS OF IMPORTANCE AND RESPON- PART IV—OTHER ELEMENTS SEC. lll. CLARIFYING AMENDMENTS RELAT- SIBILITY.— SEC. lll. FOREIGN LANGUAGE INCENTIVE FOR ING TO SECTION 105 OF THE INTEL- (1) DESIGNATION OF POSITIONS.—The Presi- CERTAIN NON-SPECIAL AGENT EM- LIGENCE AUTHORIZATION ACT FOR dent may designate any of the positions re- PLOYEES OF THE FEDERAL BUREAU FISCAL YEAR 2004. ferred to in paragraph (2) as positions of im- OF INVESTIGATION. Section 105(b) of the Intelligence Author- portance and responsibility under section 601 (a) AUTHORITY TO PAY INCENTIVE.—The Di- ization Act for Fiscal Year 2004 (Public Law of title 10, United States Code. rector of the Federal Bureau of Investigation 108–177; 117 Stat. 2603; 31 U.S.C. 311 note) is (2) COVERED POSITIONS.—The positions re- may pay a cash award authorized by section amended— ferred to in this paragraph are as follows: 4523 of title 5, United States Code, in accord- (1) by striking ‘‘Director of Central Intel- (A) The Director of the National Security ance with the provisions of such section, to ligence’’ and inserting ‘‘Director of National Agency. any employee of the Federal Bureau of Inves- Intelligence’’; and (B) The Director of the National tigation described in subsection (b) as if such (2) by inserting ‘‘or in section 313 of such Geospatial-Intelligence Agency. employee were a law enforcement officer as title,’’ after ‘‘subsection (a)),’’. (C) The Director of the National Recon- specified in such section. Subtitle E—Other Matters naissance Office. (b) COVERED EMPLOYEES.—An employee of SEC. lll. TECHNICAL AMENDMENTS TO THE FFECTIVE ATE AND PPLICABILITY (e) E D A .— the Federal Bureau of Investigation de- NATIONAL SECURITY ACT OF 1947. (1) The amendments made by subsections (a) scribed in this subsection is any employee of The National Security Act of 1947 (50 and (b), and subsection (c), shall take effect the Federal Bureau of Investigation— U.S.C. 401 et seq.) is amended as follows: on the date of the enactment of this Act and (1) who uses foreign language skills in sup- (1) In section 102A (50 U.S.C. 403–1)— shall apply upon the earlier of— port of the analyses, investigations, or oper- (A) in subsection (c)(7)(A), by striking (A) the date of the nomination by the ations of the Bureau to protect against ‘‘section’’ and inserting ‘‘subsection’’; President of an individual to serve in the po- international terrorism or clandestine intel- (B) in subsection (d)— sition concerned, except that the individual ligence activities (or maintains foreign lan- (i) in paragraph (3), by striking ‘‘subpara- serving in such position as of the date of the guage skills for purposes of such support); graph (A)’’ in the matter preceding subpara- enactment of this Act may continue to per- and graph (A) and inserting ‘‘paragraph (1)(A)’’; form such duties after such date of nomina- (2) whom the Director of the Federal Bu- (ii) in paragraph (5)(A), by striking ‘‘or per- tion and until the individual appointed to reau of Investigation, subject to the joint sonnel’’ in the matter preceding clause (i); such position, by and with the advice and guidance of the Attorney General and the Di- and consent of the Senate, assumes the duties of rector of National Intelligence, may des- (iii) in paragraph (5)(B), by striking ‘‘or such position; or ignate for purposes of this section. agency involved’’ in the second sentence and (B) the date of the cessation of the per- SEC. lll. AUTHORITY TO SECURE SERVICES BY inserting ‘‘involved or the Director of the formance of the duties of such position by CONTRACT FOR THE BUREAU OF IN- Central Intelligence Agency (in the case of the individual performing such duties as of TELLIGENCE AND RESEARCH OF the Central Intelligence Agency)’’; THE DEPARTMENT OF STATE. the date of the enactment of this Act. (C) in subsection (l)(2)(B), by striking ‘‘sec- (2) Subsection (d) shall take effect on the Title I of the State Department Basic Au- tion’’ and inserting ‘‘paragraph’’; and date of the enactment of this Act. thorities Act of 1956 (22 U.S.C. 2651a et seq.) (D) in subsection (n), by inserting ‘‘AND SEC. lll. CLARIFICATION OF NATIONAL SECU- is amended by inserting after section 23 the OTHER’’ after ‘‘ACQUISITION’’. RITY MISSIONS OF NATIONAL following new section: GEOSPATIAL-INTELLIGENCE AGEN- (2) In section 119(c)(2)(B) (50 U.S.C. ‘‘SERVICES BY CONTRACT FOR BUREAU OF CY FOR ANALYSIS AND DISSEMINA- 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ TION OF CERTAIN INTELLIGENCE INTELLIGENCE AND RESEARCH and inserting ‘‘subsection (i)’’. INFORMATION. ‘‘SEC. 23A. (a) AUTHORITY TO ENTER INTO (3) In section 705(e)(2)(D)(i) (50 U.S.C. Section 442(a) of title 10, United States CONTRACTS.—The Secretary may enter into 432c(e)(2)(D)(i)), by striking ‘‘responsible’’ Code, is amended— contracts with individuals or organizations and inserting ‘‘responsive’’.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.107 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2845 SEC. lll. TECHNICAL CLARIFICATION OF CER- (1) Section 441(c). Mapping Agency, the Director of the Na- TAIN REFERENCES TO JOINT MILI- (2) Section 443(d). tional Imagery and Mapping Agency’’ and in- TARY INTELLIGENCE PROGRAM AND (c) REFERENCE TO HEAD OF CENTRAL INTEL- serting ‘‘National Geospatial-Intelligence TACTICAL INTELLIGENCE AND RE- LIGENCE AGENCY.—Section 444 of such title is Agency, the Director of the National LATED ACTIVITIES. amended by striking ‘‘Director of Central In- Section 102A of the National Security Act Geospatial-Intelligence Agency’’. telligence’’ each place it appears and insert- of 1947 (50 U.S.C. 403–1) is amended— (b) TITLE 44, UNITED STATES CODE.—(1)(A) ing ‘‘Director of the Central Intelligence (1) in subsection (c)(3)(A), by striking ‘‘an- Section 1336 of title 44, United States Code, Agency’’. nual budgets for the Joint Military Intel- is amended by striking ‘‘National Imagery ligence Program and for Tactical Intel- SEC. lll. TECHNICAL AMENDMENT TO THE and Mapping Agency’’ both places it appears CENTRAL INTELLIGENCE AGENCY and inserting ‘‘National Geospatial-Intel- ligence and Related Activities’’ and insert- ACT OF 1949. ing ‘‘annual budget for the Military Intel- ligence Agency’’. Section 5(a)(1) of the Central Intelligence (B) The heading of such section is amended ligence Program or any successor program or Agency Act of 1949 (50 U.S.C. 403f(a)(1)) is to read as follows: programs’’; and amended by striking ‘‘authorized under para- ‘‘§ 1336. National Geospatial-Intelligence (2) in subsection (d)(1)(B), by striking graphs (2) and (3) of section 102(a), sub- Agency: special publications’’. ‘‘Joint Military Intelligence Program’’ and sections (c)(7) and (d) of section 103, sub- inserting ‘‘Military Intelligence Program or sections (a) and (g) of section 104, and section (2) The table of sections at the beginning of any successor program or programs’’. 303 of the National Security Act of 1947 (50 chapter 13 of such title is amended by strik- SEC. lll. TECHNICAL AMENDMENTS TO THE U.S.C. 403(a)(2), (3), 403–3(c)(7), (d), 403–4(a), ing the item relating to section 1336 and in- INTELLIGENCE REFORM AND TER- (g), and 405)’’ and inserting ‘‘authorized serting the following new item: RORISM PREVENTION ACT OF 2004. under subsections (d), (e), (f), and (g) of sec- ‘‘1336. National Geospatial-Intelligence (a) AMENDMENTS TO NATIONAL SECURITY IN- tion 104A of the National Security Act of 1947 Agency: special publications.’’. TELLIGENCE REFORM ACT OF 2004.—The Na- tional Security Intelligence Reform Act of (50 U.S.C. 403–4a).’’. (c) HOMELAND SECURITY ACT OF 2002.—Sec- 2004 (title I of Public Law 108–458) is further SEC. lll. TECHNICAL AMENDMENTS RELATING tion 201(f)(2)(E) of the Homeland Security amended as follows: TO THE MULTIYEAR NATIONAL IN- Act of 2002 (6 U.S.C. 121(f)(2)(E)) is amended TELLIGENCE PROGRAM. (1) In section 1016(e)(10)(B) (6 U.S.C. by striking ‘‘National Imagery and Mapping (a) IN GENERAL.—Subsection (a) of section 458(e)(10)(B)), by striking ‘‘Attorney Gen- Agency’’ and inserting ‘‘National Geospatial- 1403 of the National Defense Authorization eral’’ the second place it appears and insert- Intelligence Agency’’. Act for Fiscal Year 1991 (50 U.S.C. 404b) is ing ‘‘Department of Justice’’. (d) INSPECTOR GENERAL ACT OF 1978.—Sec- amended— (2) In section 1061 (5 U.S.C. 601 note)— tion 8H of the Inspector General Act of 1978 (1) in the subsection caption, by striking (A) in subsection (d)(4)(A), by striking ‘‘Na- (5 U.S.C. App.) is amended by striking ‘‘Na- ‘‘FOREIGN’’; and tional Intelligence Director’’ and inserting tional Imagery and Mapping Agency’’ each (2) by striking ‘‘foreign’’ each place it ap- ‘‘Director of National Intelligence’’; and place it appears and inserting ‘‘National pears. (B) in subsection (h), by striking ‘‘National Geospatial-Intelligence Agency’’. (b) RESPONSIBILITY OF DNI.—That section (e) ETHICS IN GOVERNMENT ACT OF 1978.— Intelligence Director’’ and inserting ‘‘Direc- is further amended— tor of National Intelligence’’. Section 105(a)(1) of the Ethics in Government (1) in subsections (a) and (c), by striking Act of 1978 (5 U.S.C. App.) is amended by (3) In section 1071(e), by striking ‘‘(1)’’. ‘‘Director of Central Intelligence’’ and in- (4) In section 1072(b), by inserting ‘‘AGEN- striking ‘‘National Imagery and Mapping serting ‘‘Director of National Intelligence’’; Agency’’ and inserting ‘‘National Geospatial- CY’’ after ‘‘INTELLIGENCE’’. and (b) OTHER AMENDMENTS TO INTELLIGENCE Intelligence Agency’’. (2) in subsection (b), by inserting ‘‘of Na- REFORM AND TERRORISM PREVENTION ACT OF (f) OTHER ACTS.—(1) Section 7(b)(2)(A)(i) of tional Intelligence’’ after ‘‘Director’’. 2004.—The Intelligence Reform and Ter- the Employee Polygraph Protection Act of (c) CONFORMING AMENDMENT.—The heading rorism Prevention Act of 2004 (Public Law 1988 (29 U.S.C. 2006(b)(2)(A)(i)) is amended by of that section is amended to read as follows: 108–458) is amended as follows: striking ‘‘National Imagery and Mapping (1) In section 2001 (28 U.S.C. 532 note)— ‘‘SEC. 1403. MULTIYEAR NATIONAL INTEL- Agency’’ and inserting ‘‘National Geospatial- LIGENCE PROGRAM.’’. Intelligence Agency’’. (A) in subsection (c)(1), by inserting ‘‘of’’ SEC. lll. TECHNICAL AMENDMENTS TO THE before ‘‘an institutional culture’’; EXECUTIVE SCHEDULE. (2) Section 207(a)(2)(B) of the Legislative (B) in subsection (e)(2), by striking ‘‘the (a) EXECUTIVE SCHEDULE LEVEL II.—Sec- Branch Appropriations Act, 1993 (44 U.S.C. National Intelligence Director in a manner tion 5313 of title 5, United States Code, is 501 note) is amended by striking ‘‘National consistent with section 112(e)’’ and inserting amended by striking the item relating to the Imagery and Mapping Agency’’ and inserting ‘‘the Director of National Intelligence in a Director of Central Intelligence and insert- ‘‘National Geospatial-Intelligence Agency’’. manner consistent with applicable law’’; and ing the following new item: (C) in subsection (f), by striking ‘‘shall,’’ in ‘‘Director of the Central Intelligence Agen- SA 386. Mr. GRASSLEY submitted an the matter preceding paragraph (1) and in- cy.’’. amendment intended to be proposed to serting ‘‘shall’’. (b) EXECUTIVE SCHEDULE LEVEL III.—Sec- amendment SA 275 proposed by Mr. (2) In section 2006 (28 U.S.C. 509 note)— tion 5314 of title 5, United States Code, is REID (for himself, Mr. LIEBERMAN, and (A) in paragraph (2), by striking ‘‘the Fed- amended by striking the item relating to the Ms. COLLINS) to the bill S. 4, to make eral’’ and inserting ‘‘Federal’’; and Deputy Directors of Central Intelligence. the United States more secure by im- (c) EXECUTIVE SCHEDULE LEVEL IV.—Sec- (B) in paragraph (3), by striking ‘‘the spe- plementing unfinished recommenda- cific’’ and inserting ‘‘specific’’. tion 5315 of title 5, United States Code, is SEC. lll. TECHNICAL AMENDMENTS TO TITLE amended by striking the item relating to the tions of the 9/11 Commission to fight 10, UNITED STATES CODE, ARISING General Counsel of the Office of the National the war on terror more effectively, to FROM ENACTMENT OF THE INTEL- Intelligence Director and inserting the fol- improve homeland security, and for LIGENCE REFORM AND TERRORISM lowing new item: other purposes; which was ordered to PREVENTION ACT OF 2004. ‘‘General Counsel of the Office of the Di- lie on the table; as follows: (a) REFERENCES TO HEAD OF INTELLIGENCE rector of National Intelligence.’’. COMMUNITY.—Title 10, United States Code, is At the appropriate place, insert the fol- SEC. lll. TECHNICAL AMENDMENTS RELATING lowing: amended by striking ‘‘Director of Central In- TO REDESIGNATION OF THE NA- telligence’’ each place it appears in a provi- TIONAL IMAGERY AND MAPPING SEC. lll. LIMITATION ON EXEMPTION FROM sion as follows and inserting ‘‘Director of AGENCY AS THE NATIONAL INVESTMENT ADVISER REGISTRA- National Intelligence’’: GEOSPATIAL-INTELLIGENCE AGEN- TION REQUIREMENTS. (1) Section 193(d)(2). CY. Section 203(b)(3) of the Investment Advis- (2) Section 193(e). (a) TITLE 5, UNITED STATES CODE.—(1) Title ers Act of 1940 (15 U.S.C. 80b-3(b)(3)) is (3) Section 201(a). 5, United States Code, is amended by strik- amended to read as follows: (4) Section 201(b)(1). ing ‘‘National Imagery and Mapping Agen- ‘‘(3) any investment adviser who, during (5) Section 201(c)(1). cy’’ each place it appears in a provision as the course of the preceding 12-month pe- (6) Section 425(a). follows and inserting ‘‘National Geospatial- riod— (7) Section 431(b)(1). Intelligence Agency’’: ‘‘(A) had assets under management of not (8) Section 441(c). (A) Section 2302(a)(2)(C)(ii). more than $50,000,000; (9) Section 441(d). (B) Section 3132(a)(1)(B). ‘‘(B) had fewer than 15 clients, except that (10) Section 443(d). (C) Section 4301(1) (in clause (ii)). for purposes of determining such number, no (11) Section 2273(b)(1). (D) Section 4701(a)(1)(B). shareholder, partner, or beneficial owner of a (12) Section 2723(a). (E) Section 5102(a)(1) (in clause (x)). business development company, shall be (b) CLERICAL AMENDMENTS.—Such title is (F) Section 5342(a)(1) (in clause (K)). deemed to be a client of the investment ad- further amended by striking ‘‘DIRECTOR OF (G) Section 6339(a)(1)(E). viser, unless such person is a client of the in- CENTRAL INTELLIGENCE’’ each place it ap- (H) Section 7323(b)(2)(B)(i)((XIII). vestment adviser separate and apart from pears in a provision as follows and inserting (2) Section 6339(a)(2)(E) of such title is their status as a shareholder, partner, or ‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’: amended by striking ‘‘National Imagery and beneficial owner;

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.107 SWEST PsN: S07MRPT1 S2846 CONGRESSIONAL RECORD — SENATE March 7, 2007 ‘‘(C) did not manage the assets of more the United States more secure by im- ommendations of the Committee, if any, for than 15 investors, whether individually, in a plementing unfinished recommenda- carrying out such reforms. pooled investment vehicle described in para- tions of the 9/11 Commission to fight SA 390. Mrs. FEINSTEIN submitted graph (1) or (7) of section 3(c) of the Invest- the war on terror more effectively, to ment Company Act of 1940 (15 U.S.C. 80a- an amendment intended to be proposed improve homeland security, and for 3(c)), or otherwise; and by her to the bill S. 4, to make the other purposes; as follows: ‘‘(D) was neither held out generally to the United States more secure by imple- public as an investment adviser nor acted as At the appropriate place, insert the fol- menting unfinished recommendations an investment adviser to any investment lowing: of the 9/11 Commission to fight the war company registered under title I, or a com- SEC. ll. SENSE OF THE SENATE REGARDING A pany which has elected to be a business de- REPORT ON THE 9/11 COMMISSION on terror more effectively, to improve velopment company pursuant to section 54 of RECOMMENDATIONS WITH RESPECT homeland security, and for other pur- title I, and has not withdrawn its election;’’. TO INTELLIGENCE REFORM AND poses; which was ordered to lie on the CONGRESSIONAL INTELLIGENCE OVERSIGHT REFORM. table; as follows: SA 387. Mr. PRYOR submitted an (a) FINDINGS.—Congress makes the fol- At the appropriate place, insert the fol- amendment intended to be proposed to lowing findings: lowing: amendment SA 275 proposed by Mr. (1) The National Commission on Terrorist SEC. ll. RESTORATION OF IMPORT AND ENTRY REID (for himself, Mr. LIEBERMAN, and Attacks Upon the United States (referred to AGRICULTURAL INSPECTION FUNC- TIONS TO THE DEPARTMENT OF AG- Ms. COLLINS) to the bill S. 4, to make in this section as the ‘‘9/11 Commission’’) conducted a lengthy review of the facts and RICULTURE. the United States more secure by im- (a) REPEAL OF TRANSFER OF FUNCTIONS.— plementing unfinished recommenda- circumstances relating to the terrorist at- tacks of September 11, 2001, including those Section 421 of the Homeland Security Act of tions of the 9/11 Commission to fight relating to the intelligence community, law 2002 (6 U.S.C. 231) is repealed. the war on terror more effectively, to enforcement agencies, and the role of con- (b) CONFORMING AMENDMENT TO FUNCTION improve homeland security, and for gressional oversight and resource allocation. OF SECRETARY OF HOMELAND SECURITY.—Sec- other purposes; which was ordered to (2) In its final report, the 9/11 Commission tion 402 of the Homeland Security Act of 2002 lie on the table; as follows: found that— (6 U.S.C. 202) is amended— (1) by striking paragraph (7); and At the end of title XV, add the following: (A) congressional oversight of the intel- ligence activities of the United States is dys- (2) by redesignating paragraph (8) as para- SEC. llll. EQUIPMENT TECHNICAL ASSIST- functional; graph (7). ANCE TRAINING. (c) TRANSFER AGREEMENT.— (B) under the rules of the Senate and the Not later than September 30 of each fiscal (1) IN GENERAL.—Not later than the effec- House of Representatives in effect at the year, the Secretary shall submit a report tive date described in subsection (e), the Sec- time the report was completed, the commit- with a certification of whether the Depart- retary of Agriculture and the Secretary of tees of Congress charged with oversight of ment has conducted training during that fis- Homeland Security shall enter into an agree- the intelligence activities lacked the power, cal year for not less than 7,500 individuals ment to effectuate the return of functions influence, and sustained capability to meet who are first responders in accordance with required by the amendments made by this the daunting challenges faced by the intel- section 430(c)(1) of the Homeland Security section. ligence community of the United States; Act of 2002 (6 U.S.C. 238(c)(1)) through the (2) USE OF CERTAIN EMPLOYEES.—The agree- (C) as long as such oversight is governed by Domestic Preparedness Equipment Technical ment may include authority for the Sec- such rules of the Senate and the House of Assistance Program to— retary of Agriculture to use employees of the Representatives, the people of the United (1) the Committee on Homeland Security Department of Homeland Security to carry States will not get the security they want and Governmental Affairs of the Senate; out authorities delegated to the Animal and and need; (2) the Committee on Appropriations of the Plant Health Inspection Service regarding (D) a strong, stable, and capable congres- Senate; the protection of domestic livestock and sional committee structure is needed to give (3) the Committee on Homeland Security plants. the intelligence community of the United of the House of Representatives; and (d) RESTORATION OF DEPARTMENT OF AGRI- States appropriate oversight, support, and (4) the Committee on Appropriations of the CULTURE EMPLOYEES.—Not later than the ef- leadership; and House of Representatives. fective date described in subsection (e), all (E) the reforms recommended by the 9/11 full-time equivalent positions of the Depart- Commission in its final report will not suc- SA 388. Mr. PRYOR submitted an ment of Agriculture transferred to the De- ceed if congressional oversight of the intel- partment of Homeland Security under sec- amendment intended to be proposed to ligence community in the United States is tion 421(g) of the Homeland Security Act of amendment SA 275 proposed by Mr. not changed. 2002 (6 U.S.C. 231(g)) (as in effect on the day REID (for himself, Mr. LIEBERMAN, and (3) The 9/11 Commission recommended before the effective date described in sub- Ms. COLLINS) to the bill S. 4, to make structural changes to Congress to improve section (e)) shall be restored to the Depart- the oversight of intelligence activities. the United States more secure by im- ment of Agriculture. (4) Congress has enacted some of the rec- plementing unfinished recommenda- (e) EFFECTIVE DATE.—The amendments tions of the 9/11 Commission to fight ommendations made by the 9/11 Commission made by this section take effect on the date the war on terror more effectively, to and is considering implementing additional that is 180 days after the date of enactment recommendations of the 9/11 Commission. of this Act. improve homeland security, and for (5) The Senate adopted Senate Resolution other purposes; which was ordered to 445 in the 108th Congress to address some of SA 391. Mr. LIEBERMAN (for himself lie on the table; as follows: the oversight recommendations of the 9/11 and Ms. COLLINS) submitted an amend- At the approriate place, insert the fol- Commission by abolishing term limits for lowing: the members of the Select Committee on In- ment intended to be proposed to amendment SA 275 proposed by Mr. SEC. llll. telligence, clarifying jurisdiction for intel- In accordance with 6 USC Section 238(c)(1) ligence-related nominations, and stream- REID (for himself, Mr. LIEBERMAN, and and Section 1000(a)(1) of P.L. 106-113, the Sec- lining procedures for the referral of intel- Ms. COLLINS) to the bill S. 4, to make retary shall certify no later than September ligence-related legislation, but other aspects the United States more secure by im- 30 annually to the Senate Homeland Secu- of the 9/11 Commission recommendations re- plementing unfinished recommenda- rity and Governmental Affairs Committee, garding oversight have not been imple- tions of the 9/11 Commission to fight the House Homeland Security Committee, mented. the war on terror more effectively, to Senate Appropriations Subcommittee on (b) SENSE OF THE SENATE.—It is the sense of the Senate that the Committee on Home- improve homeland security, and for Homeland Security, and the House Appro- other purposes; which was ordered to priations Subcommittee on Homeland Secu- land Security and Governmental Affairs and rity that it has conducted no less than 7,500 the Select Committee on Intelligence of the lie on the table; as follows: trainings annually through the Domestic Senate each, or jointly, should— On page 37, line 5, strike ‘‘within the Preparedness Equipment Technical Assist- (1) undertake a review of the recommenda- scope’’ and all that follows through ‘‘(6 ance Program. tions made in the final report of the 9/11 U.S.C. 485)’’ on line 8 and insert ‘‘and intel- Commission with respect to intelligence re- ligence’’. SA 389. Mr. BOND (for himself, Mr. form and congressional intelligence over- On page 37, lines 9 and 10, strike ‘‘local sight reform; ROCKEFELLER, Mr. WARNER, and Mr. emergency response providers’’ and insert (2) review and consider any other sugges- ‘‘local government agencies (including emer- BURR) proposed an amendment to tions, options, or recommendations for im- gency response providers)’’. amendment SA 275 proposed by Mr. proving intelligence oversight; and On page 37, line 25, strike ‘‘and’’. REID (for himself, Mr. LIEBERMAN, and (3) not later than December 21, 2007, submit On page 38, line 3, strike the period and in- Ms. COLLINS) to the bill S. 4, to make to the Senate a report that includes the rec- sert ‘‘; and’’.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.099 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2847 On page 38, between lines 3 and 4, insert At the appropriate place, insert the fol- sanitation, and reducing hunger and mal- the following: lowing: nutrition. ‘‘(9) incorporate emergency response pro- SEC. ll. COMPREHENSIVE STRATEGY TO RE- (H) Integrating principles of sustainable viders, and, as appropriate, the private sec- DUCE GLOBAL POVERTY AND ELIMI- development into policies and programs. tor, into all relevant phases of the intel- NATE EXTREME GLOBAL POVERTY. (d) REPORTS.— ligence and fusion process through full time (a) FINDING.—Congress finds that the 9/11 (1) INITIAL REPORT.—Not later than one representatives or liaison officers. Commission found that a ‘‘comprehensive year after the date of the enactment of this On page 63, line 13, before the semicolon, U.S. strategy to counter terrorism should in- Act, the President, acting through the Sec- insert the following: ‘‘the inclusion of which clude economic policies that encourage de- retary of State, shall transmit to the appro- will enhance regional efforts to prevent, pre- velopment, more open societies, and oppor- priate congressional committees a report pare for, protect against, respond to, and re- tunities for people to improve the lives of that describes the strategy under subsection cover from acts of terrorism’’. their families and to enhance prospects for (c). On page 66, strike lines 3 through 8 and in- their children’s future’’. (2) SUBSEQUENT REPORTS.—Not less than sert the following: (b) DECLARATION OF POLICY.—It is the pol- once every year after the submission of the ‘‘(2) STATE DISTRIBUTION OF FUNDS.— icy of the United States to promote the re- initial report under paragraph (1) until and ‘‘(A) IN GENERAL.—Each State shall provide duction of global poverty and the elimi- including 2015, the President shall transmit the eligible metropolitan area not less than nation of extreme global poverty and to to the appropriate congressional committees 80 percent of the grant funds. Any funds re- achieve the Millennium Challenge Account a report on the status of the implementation tained by a State shall be expended on items goals of political and economic reforms by of the strategy, progress made in achieving or services approved by the Administrator developing nations in three areas: ruling the global poverty reduction objectives de- that benefit the eligible metropolitan area. justly, investing in people, and fostering eco- scribed in subsection (c)(1), and any changes ‘‘(B) FUNDS RETAINED.—A State shall pro- nomic freedom. to the strategy since the date of the submis- vide each relevant eligible metropolitan area (c) COMPREHENSIVE STRATEGY.— sion of the last report. with an accounting of the items or services (e) DEFINITIONS.—In this section: (1) STRATEGY.—The President, acting on which any funds retained by the State (1) APPROPRIATE CONGRESSIONAL COMMIT- through the Secretary of State and, as ap- under subparagraph (A) were expended. TEES.—The term ‘‘appropriate congressional propriate, in consultation with the heads of On page 82, line 4, strike ‘‘or other’’ and in- committees’’ means— other departments and agencies of the Gov- sert ‘‘and other’’. (A) the Committee on Foreign Relations, ernment of the United States, including the On page 83, line 15, before the semicolon, the Committee on Finance, and the Com- Millennium Challenge Corporation, inter- insert the following: ‘‘, including through re- mittee on Appropriations of the Senate; and national organizations, international finan- view of budget requests for those programs’’. (B) the Committee on Foreign Affairs, the On page 90, between lines 4 and 5, insert cial institutions, the governments of devel- Committee on Ways and Means, and the the following: oping and developed countries, United States Committee on Appropriations of the House ‘‘(3) EXISTING PLANNING COMMITTEES.— and international nongovernmental organi- of Representatives. Nothing in this subsection may be construed zations, civil society organizations, and (2) EXTREME GLOBAL POVERTY.—The term to require that any State or metropolitan other appropriate entities, should develop ‘‘extreme global poverty’’ refers to the con- area create a planning committee if that and implement a comprehensive strategy to ditions in which individuals live on less than State or metropolitan area has established further the United States foreign policy ob- $1 per day, adjusted for purchasing power and uses a multijurisdictional planning com- jective of promoting the reduction of global parity in 1993 United States dollars, accord- mittee or commission that meets the re- poverty, the elimination of extreme global ing to World Bank statistics. quirements of this subsection. poverty, and the achievement of the Millen- (3) GLOBAL POVERTY.—The term ‘‘global nium Challenge Account goals of political poverty’’ refers to the conditions in which SA 392. Mr. AKAKA submitted an and economic reforms by developing nations individuals live on less than $2 per day, ad- amendment intended to be proposed to in three areas: ruling justly, investing in justed for purchasing power parity in 1993 people, and fostering economic freedom. amendment SA 275 proposed by Mr. United States dollars, according to World (2) CONTENT.—The strategy under para- REID (for himself, Mr. LIEBERMAN, and Bank statistics. Ms. COLLINS) to the bill S. 4, to make graph (1) shall include specific and measur- the United States more secure by im- able goals, efforts to be undertaken, bench- SA 394. Mr. CARDIN submitted an marks, and timetables to achieve the objec- amendment intended to be proposed to plementing unfinished recommenda- tives described in such paragraph. amendment SA 275 proposed by Mr. tions of the 9/11 Commission to fight (3) GUIDELINES.—The strategy under para- the war on terror more effectively, to graph (1) should adhere to the following REID (for himself, Mr. LIEBERMAN, and improve homeland security, and for guidelines: Ms. COLLINS) to the bill S. 4, to make other purposes; which was ordered to (A) Continued investment in existing the United States more secure by im- lie on the table; as follows: United States initiatives related to inter- plementing unfinished recommenda- At the end of title XV, add the following: national poverty reduction, such as the tions of the 9/11 Commission to fight SEC. llll. INTEGRATION OF DETECTION United States Leadership Against HIV/AIDS, the war on terror more effectively, to EQUIPMENT AND TECHNOLOGIES. Tuberculosis, and Malaria Act of 2003 (22 improve homeland security, and for (a) IN GENERAL.—The Secretary shall have U.S.C. 7601 et seq.), the Millennium Chal- other purposes; which was ordered to responsibility for ensuring that chemical, bi- lenge Act of 2003 (22 U.S.C. 7701 et seq.), the lie on the table; as follows: ological, radiological, and nuclear detection Heavily Indebted Poor Countries Initiative, On page 299, between lines 2 and 3, insert equipment and technologies are integrated and trade preference programs for developing the following: as appropriate with other border security countries. systems and detection technologies. (B) Increasing overall United States devel- SEC. 1337. APPLICABILITY OF DISTRICT OF CO- LUMBIA LAW TO CERTAIN AMTRAK (b) REPORT.—Not later than 6 months after opment assistance levels while at the same CONTRACTS. the date of enactment of this Act, the Sec- time improving the effectiveness of such as- Section 24301 of title 49, United States retary shall submit a report to Congress that sistance in accordance with Millennium Code, is amended by adding at the end the contains a plan to develop a departmental Challenge Account principles. following: technology assessment process to determine (C) Enhancing and expanding debt relief in ‘‘(o) APPLICABILITY OF DISTRICT OF COLUM- and certify the technology readiness levels of accordance with Millennium Challenge Ac- BIA LAW.—Any lease or contract entered into chemical, biological, radiological, and nu- count principles. between the National Railroad Passenger clear detection technologies before the full (D) Leveraging United States trade policy Corporation and the State of Maryland, or deployment of such technologies within the where possible to enhance economic develop- any department or agency of the State of United States. ment prospects for developing countries. Maryland, after the date of the enactment of (E) Coordinating efforts and working in co- this subsection shall be governed by the laws SA 393. Ms. CANTWELL (for herself, operation with developed and developing of the District of Columbia.’’. Mr. DODD, Mr. FEINGOLD, Mr. countries, international organizations, and BROWNBACK, Mr. LUGAR, and Mr. international financial institutions. SA 395. Mr. COLEMAN submitted an KERRY) submitted an amendment in- (F) Mobilizing and leveraging the partici- amendment intended to be proposed by tended to be proposed by her to the bill pation of businesses, United States and him to the bill S. 4, to make the United S. 4, to make the United States more international nongovernmental organiza- States more secure by implementing secure by implementing unfinished rec- tions, civil society, and public-private part- unfinished recommendations of the 9/11 nerships. ommendations of the 9/11 Commission (G) Coordinating the goal of poverty reduc- Commission to fight the war on terror to fight the war on terror more effec- tion with other development goals, such as more effectively, to improve homeland tively, to improve homeland security, combating the spread of preventable diseases security, and for other purposes; which and for other purposes; which was or- such as HIV/AIDS, tuberculosis, and malaria, was ordered to lie on the table; as fol- dered to lie on the table; as follows: increasing access to potable water and basic lows:

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.102 SWEST PsN: S07MRPT1 S2848 CONGRESSIONAL RECORD — SENATE March 7, 2007 At the appropriate place, insert the fol- umentation regarding the specific subject mittee on Agriculture, Nutrition, and lowing: matter for which the program is accredited; Forestry be authorized to conduct a SEC. ll INTERNATIONAL STUDENTS. (C) permit an alien admitted as a non- hearing during the session of the Sen- (a) FINDINGS.—Congress makes the fol- immigrant under such section 101(a)(15)(F)(i) ate on Wednesday, March 7, 2007 at 9:30 to participate in a language training pro- lowing findings: a.m. in 328A, Senate Russell Office (1) Openness to international students, gram, during the 2-year period beginning on the date of the enactment of this Act, if such Building. The purpose of this com- scholars, scientists, and exchange visitors mittee hearing will be to discuss in- serves vital and longstanding national for- program is not accredited under subpara- eign policy, educational, and economic inter- graph (A); and vesting in our Nation’s future through ests. (D) permit a language training program es- agricultural research. (2) The real and perceived erosion of such tablished after the date of the enactment of The PRESIDING OFFICER. Without openness undermines the national security this Act, which is not accredited under sub- objection, it is so ordered. paragraph (A), to qualify as an accredited interests of the United States. COMMITTEE ON COMMERCE, SCIENCE, AND language training program under such sec- (3) The report of the National Commission TRANSPORTATION tion 101(a)(15)(F)(i) during the 2-year period on Terrorist Attacks Upon the United States Ms. KLOBUCHAR. Mr. President, I recommended: ‘‘The United States should re- beginning on the date on which such pro- gram is established. ask unanimous consent that the Com- build the scholarship, exchange, and library (d) COUNTERING VISA FRAUD.—The Sec- mittee on Commerce, Science, and programs that reach out to young people and retary of State shall— Transportation be authorized to hold a offer them knowledge and hope.’’. (1) require United States consular offices, hearing during the session of the Sen- (4) The Government Accountability Office particularly consular offices in countries convened a forum in September 2006 to dis- ate on Wednesday, March 7, 2007, at 9:30 from which large numbers of international a.m., in room 253 of the Russell Senate cuss concerns whether the United States will students and exchange visitors depart for be able to ‘‘attract an appropriate share of study in the United States, to submit to the Office Building. The purpose of the talented international students to its univer- Secretary plans for countering visa fraud hearing is to evaluate policy implica- sities and to its workforce,’’ in which par- that respond to the particular fraud-related tions of pharmaceutical importation ticipants ‘‘identified real and perceived bar- problems in such countries; and from Canada. riers created by U.S. immigration policy.’’. (2) not later than 180 days after the date of The PRESIDING OFFICER. Without (5) Increased marketing by countries such the enactment of this Act, submit a report objection, it is so ordered. as Great Britain and Australia give rise to on the measures taken to counter visa fraud COMMITTEE ON COMMERCE, SCIENCE, AND concerns that the United States has lost under the plans submitted under paragraph market share with regard to international TRANSPORTATION (1) to— Ms. KLOBUCHAR. Mr. President, I students. The European Union has set forth (A) the Committee on Homeland Security a comprehensive strategy to be the most and Governmental Affairs of the Senate; ask unanimous consent that the Com- competitive and dynamic knowledge-based (B) the Committee on Foreign Relations of mittee on Commerce, Science, and economy in the world by 2010, and part of the Senate; Transportation be authorized to hold a this strategy is aimed at enhancing eco- (C) the Committee on Homeland Security hearing during the session of the Sen- nomic competitiveness by making the Euro- of the House of Representatives; and ate on Wednesday, March 7, 2007, at 2:30 pean Union the most favorable destination (D) the Committee on Foreign Affairs of p.m., in room 253 of the Russell Senate for students, scholars, and researchers from the House of Representatives. Office Building. The purpose of the other regions of the world. (e) SHORT-TERM STUDY ON TOURIST VISA.— (6) International students studying in the Section 101(a)(15)(B) of the Immigration and hearing is to review national impera- United States and their families contribute Nationality Act (8 U.S.C. 1101(a)(15)(B) is tives for Earth science research. more than $13,000,000,000 to the United States amended by inserting ‘‘for a period longer The PRESIDING OFFICER. Without economy each year, making higher edu- than 90 days’’ after ‘‘study’’. objection, it is so ordered. cation a major service sector export. (f) RESTORATION OF LIMITED INTERVIEW COMMITTEE ON ENERGY AND NATURAL (b) DRIVER’S LICENSES FOR INTERNATIONAL WAIVER AUTHORITY FOR RETURNING INTER- RESOURCES STUDENTS AND EXCHANGE VISITORS.—Section NATIONAL STUDENTS AND FREQUENT VISI- Ms. KLOBUCHAR. Mr. President, I 202(c)(2)(C) of the REAL ID Act of 2005 is TORS.—Section 222(h) of the Immigration and ask unanimous consent that the Com- amended by adding at the end the following: Nationality Act (8 U.S.C. 1202(h) is amend- ed— mittee on Energy and Natural Re- ‘‘(v) PROVISIONS FOR NONIMMIGRANTS MON- sources be authorized to hold a hearing ITORED UNDER SEVIS.—With respect to non- (1) in paragraph (1)— immigrants subject to the monitoring sys- (A) in subparagraph (B)(iv), by striking during the session of the Senate on tem required under section 641 of the Illegal ‘‘or’’ at the end; Thursday, March 7, 2007, at 9:30 a.m. in Immigration Reform and Immigrant Respon- (B) in subparagraph (C)(ii), by striking room SD–366 of the Dirksen Senate Of- sibility Act of 1996 (8 U.S.C. 1372)— ‘‘and’’ at the end and inserting ‘‘or’’; and fice Building. The purpose of the hear- ‘‘(I) notwithstanding clause (ii), a tem- (C) by adding at the end the following: ing is to investigate market con- ‘‘(D) by the Secretary of State if the Sec- porary driver’s license or temporary identi- straints on large investments in ad- fication card issued under this subparagraph retary has provided for expedited visa review because the alien is— vanced energy technologies and inves- shall be valid for the shorter of— tigate ways to stimulate additional ‘‘(aa) the period during which the applicant ‘‘(i) a frequent visitor to the United States, is authorized to remain in the United States; who— private-sector investment in the de- or ‘‘(I) has a history of visa approvals; ployment of these technologies. ‘‘(bb) the standard issuance period for driv- ‘‘(II) has provided biometric data; and The PRESIDING OFFICER. Without ‘‘(III) has agreed to provide the consulate er’s licenses issued by the State; and objection, it is so ordered. with such information as the Secretary may ‘‘(II) valid status under the program devel- COMMITTEE ON ENVIRONMENT AND PUBLIC require; or oped under such section shall constitute WORKS ‘‘(ii) admitted under subparagraph (F) or valid documentary evidence of status for (J) of section 101(a)(15), who— Ms. KLOBUCHAR. Mr. President, I purposes of clause (iv).’’. ‘‘(I) is pursuing a program of study in the ask unanimous consent that the Com- (c) LANGUAGE TRAINING PROGRAMS.— United States; mittee on Environment and Public (1) ACCREDITATION REQUIREMENT.—Section ‘‘(II) has not violated their immigration Works be authorized to meet for a 101(a)(15)(F)(i) (8 U.S.C. 1101(a)(15)(F)(i) is status; amended by striking ‘‘a language’’ and in- hearing on Wednesday, March 7, 2007, ‘‘(III) has left the United States tempo- serting ‘‘an accredited language’’. at 3 p.m. in SD–406. The purpose of the rarily; and hearing is to conduct oversight on the (2) RULEMAKING.—Not later than 6 months ‘‘(IV) requires a new visa to return to the after the date of the enactment of this Act, President’s FY 2008 EPA budget. same program; and’’; and The PRESIDING OFFICER. Without the Secretary shall issue regulations that— (2) in paragraph (2)(A), by inserting at the (A) except as provided in subparagraphs (C) end ‘‘except for an alien described in para- objection, it is so ordered. and (D), require that an accredited language graph (1)(D)(ii)’’. COMMITTEE ON HEALTH, EDUCATION, LABOR, training program described in section AND PENSIONS f 101(a)(15)(F)(i) of the Immigration and Na- Ms. KLOBUCHAR. Mr. President, I tionality Act, as amended by paragraph (1), AUTHORITY FOR COMMITTEES TO ask unanimous consent that the Com- be accredited by an accrediting agency rec- MEET ognized by the Secretary of Education; mittee on Health, Education, Labor, (B) require that if such an accredited lan- COMMITTEE ON AGRICULTURE, NUTRITION, AND and Pensions be authorized to hold a guage training program provides intensive FORESTRY hearing during the session of the Sen- language training, the head of such program Ms. KLOBUCHAR. Mr. President, I ate on Wednesday, March 7, 2007 at 9:30 provide the Secretary of Education with doc- ask unanimous consent that the Com- a.m. in SD–430.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.103 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2849 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without potentiary of the United States of America objection, it is so ordered. objection, it is so ordered. to the Republic of Estonia. William B. Wood, of New York, a career COMMITTEE ON THE JUDICIARY CLOTURE MOTIONS—S. 4 Ms. KLOBUCHAR. Mr. President, I member of the Senior Foreign Service, Class Mr. REID. Mr. President, I send to of Minister-Counselor, to be Ambassador Ex- ask unanimous consent that the Com- the desk a cloture motion. traordinary and Plenipotentiary of the mittee on the Judiciary be authorized The PRESIDING OFFICER. The clo- United States of America to the Islamic Re- to meet to conduct a hearing on ‘‘The ture motion having been presented public of Afghanistan. McCarran-Ferguson Act and Antitrust under rule XXII, the Chair directs the Mr. REID. Mr. President, we just ap- Immunity: Good for Consumers?’’ on clerk to read the motion. proved the new Ambassador to Afghan- Wednesday, March 7, 2007 at 9:30 a.m. in The legislative clerk read as follows: istan. I do recall yesterday we ap- Dirksen Senate Office Building Room CLOTURE MOTION proved the new Ambassador to Iraq. 226. We, the undersigned Senators, in accord- That is pretty good work of the Senate. Witness list ance with the provisions of rule XXII of the These are two very important dip- Panel I: The Honorable Trent Lott, Standing Rules of the Senate, do hereby lomats. They have their work cut out move to bring to a close the debate on the for them. I congratulate both of them. U.S. Senator, R–MS; the Honorable Reid substitute amendment No. 275 to S. 4, Mary L. Landrieu, U.S. Senator, D–LA. the 9/11 Commission legislation. f Panel II: Michael Homan, Home- Joe Lieberman, Charles Schumer, Robert owner, New Orleans, LA; J. Robert Menendez, Patty Murray, Dianne Fein- LEGISLATIVE SESSION Hunter, Insurance Director, Consumer stein, B.A. Mikulski, Christopher Dodd, Federation of America, Washington, Joe Biden, Debbie Stabenow, Harry The PRESIDING OFFICER. Under DC; Marc Racicot, President, American Reid, Pat Leahy, Dick Durbin, Jeff the previous order, the Senate will now Insurance Association, Washington, Bingaman, H.R. Clinton, Bill Nelson, return to legislative session. DC; Susan E. Voss, Iowa Insurance Tom Carper, Jack Reed. Commissioner, National Association of Mr. REID. Mr. President, I send a f Insurance Commissioners, Des Moines, cloture motion to the desk. IA. The PRESIDING OFFICER. The clo- NATIONAL SAFE PLACE WEEK The PRESIDING OFFICER. Without ture motion having been presented Mr. REID. Mr. President, I ask unan- objection, it is so ordered. under rule XXII, the Chair directs the imous consent that the Senate proceed COMMITTEE ON THE JUDICIARY clerk to read the motion. to S. Res. 100. Ms. KLOBUCHAR. Mr. President, I The legislative clerk read as follows: The PRESIDING OFFICER. The ask unanimous consent that the Com- CLOTURE MOTION clerk will report the resolution by mittee on the Judiciary be authorized We, the undersigned Senators, in accord- title. to meet to conduct a hearing on ‘‘Over- ance with the provisions of rule XXII of the The assistant legislative clerk read sight of the Enforcement of the Anti- Standing Rules of the Senate, do hereby as follows: trust Laws’’ on Wednesday, March 7, move to bring to a close the debate on Cal- A resolution (S. Res. 100) designating the 2007 at 2 p.m. in Dirksen Senate Office endar No. 57, S. 4, the 9/11 Commission legis- week beginning March 12, 2007, as ‘‘National Building Room 226. lation. Safe Place Week.’’ Joe Lieberman, Charles Schumer, Robert Witness list Menendez, Patty Murray, Dianne Fein- There being no objection, the Senate proceeded to consider the resolution. The Honorable Thomas O. Barnett, stein, B.A. Mikulski, Christopher Dodd, Joe Biden, Debbie Stabenow, Harry Mrs. FEINSTEIN. Mr. President, I Assistant Attorney General for the Reid, Pat Leahy, Dick Durbin, Jeff Antitrust Division, U.S. Department of rise today with Senator CRAIG and 14 of Bingaman, H.R. Clinton, Bill Nelson, my colleagues in support of a resolu- Justice, Washington, DC; the Honor- Tom Carper, Jack Reed. able Deborah Platt Majoras, Chairman tion designating the week of March 12 Federal Trade Commission, Wash- f through 17, 2007, as National Safe Place Week. ington, DC. MORNING BUSINESS The PRESIDING OFFICER. Without This resolution recognizes the par- Mr. REID. Mr. President, I ask unan- objection, it is so ordered. ticipating businesses, community orga- imous consent that there be a period COMMITTEE ON VETERANS’ AFFAIRS nizations, youth service agencies, and for morning business, with Senators Ms. KLOBUCHAR. Mr. President, I volunteers that are part of the YMCA permitted to speak therein for up to 10 ask unanimous consent that the Com- National Safe Place Program and work minutes each. mittee on Veterans’ Affairs be author- for the safety and well being of at-risk The PRESIDING OFFICER. Without ized to meet during the session of the youth. objection, it is so ordered. Senate on Wednesday, March 7, 2007 at Youth today face a growing amount 9:30 a.m. in room 418 of the Dirksen f of pressure in their daily lives at school, at home, and in the commu- Senate Office Building to conduct a EXECUTIVE SESSION hearing on the VA Claims Adjudication nity. For some youth, problems include Process. abuse or neglect at home, drug or alco- hol addictions of family members and The PRESIDING OFFICER. Without EXECUTIVE CALENDAR objection, it is so ordered. friends, trouble at school or dangerous Mr. REID. Mr. President, I ask unan- PERMANENT SUBCOMMITTEE ON INVESTIGATIONS situations on a date. Ms. KLOBUCHAR. Mr. President, I imous consent that the Senate proceed Young people who face these serious ask unanimous consent that the Per- to executive session to consider Execu- situations should not feel left alone manent Subcommittee on Investiga- tive Calendar Nos. 39 and 40; that the and should have a place to go to in tions be authorized to meet on Wednes- nominations be confirmed, the motions their community. day, March 7, 2007, at 10 a.m., for a to reconsider be laid on the table; that Over the past 24 years, the National hearing entitled ‘‘Credit Card Prac- any statements thereon be printed in Safe Place Program has provided im- tices: Fees, Interest Rates, and Grace the RECORD; that the President be im- mediate help to more than 200,000 Periods.’’ mediately notified of the Senate’s ac- youth in crisis at nearly 16,000 Safe The PRESIDING OFFICER. Without tion, and the Senate return to legisla- Place locations and with counseling by objection, it is so ordered. tive session. phone. The PRESIDING OFFICER. Without This important program is currently f objection, it is so ordered. operated by 140 agencies serving 700 CONCLUSION OF MORNING The nominations, considered and communities in 40 States—bringing to- BUSINESS confirmed are as follows: gether the private and public sector to Mr. REID. Mr. President, I ask unan- DEPARTMENT OF STATE reach out and help at-risk youth who imous consent that morning business Stanley Davis Phillips, of North Carolina, might be neglected, abused, threatened be closed. to be Ambassador Extraordinary and Pleni- or in unsafe situations.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.111 SWEST PsN: S07MRPT1 S2850 CONGRESSIONAL RECORD — SENATE March 7, 2007 In my home State of California, there performance standards relative to outreach indicated to the distinguished Repub- are nine designated Safe Place pro- and community relations, as set forth in the lican leader yesterday that I am not grams with 1,738 Safe Place sites lo- Runaway and Homeless Youth Act (42 U.S.C. certain but I think I can get consent as cated in over 65 communities which 5701 et seq.); to the cloture motion which was filed Whereas the Safe Place placard displayed have served more than 5,000 youth. at businesses within communities stands as by the Republicans earlier today, that National Safe Place sites include fast a beacon of safety and refuge to at-risk we would be happy to vote on that to- food restaurants, convenience stores, youths; morrow sometime. We would also be fire stations, schools, libraries, office Whereas more than 700 communities in 40 willing to vote on the two I just filed. buildings or even a city bus and are States make the Safe Place program avail- If that does not happen, of course, we marked by large, yellow Safe Place able at nearly 16,000 locations; will be in a situation where we will signs displayed prominently in front Whereas more than 200,000 youths have have a cloture vote on Friday. windows. gone to Safe Place locations to get help As I told everyone here early this In Fresno, CA, for example, city when faced with crisis situations and have received counseling by phone as a result of week, the first cloture motion which buses are all designated as Safe Places. Safe Place information the youths received we will vote on will be the one the Re- Any youth can walk into a Safe at school; publicans filed. If cloture is not in- Place site and receive immediate help Whereas, through the efforts of Safe Place voked, we will immediately move to from a trained volunteer, and further coordinators across the United States, each the cloture motions I filed. There will help from a Safe Place staff person who year more than 500,000 students learn in a be 30 hours in relation to that cloture can provide counseling, residential as- classroom presentation that the Safe Place motion if cloture is invoked and, of sistance or professional referrals, as program is a resource they can turn to if course, that time won’t run out until they encounter an abusive or neglectful situ- needed. sometime Saturday. The National Safe Place Week recog- ation, and 1,000,000 Safe Place information cards are distributed; and So it is really up to the minority as nizes the commitment, resources, and Whereas increased awareness of the Safe to what they want to do. We are will- energy of thousands of businesses, com- Place program will encourage more commu- ing to move it up 1 day or do it on Fri- munity organizations and volunteers nities to establish Safe Place locations for day, whatever is their interest. Re- who make this effective, growing net- the youths of the United States: Now, there- member, 30 hours would not run out work of support for youth possible. In fore, be it until sometime Saturday night. If we addition, it seeks to increase awareness Resolved, That the Senate— voted at, say, 10 a.m. Friday morning, of the crises that youth face today. (1) designates the week of March 12 30 hours would run out sometime Sat- through March 18, 2007, as ‘‘National Safe I am encouraged by the National Safe urday afternoon, 4 p.m. or thereabouts. Place Program’s positive impact on Place Week’’; and (2) calls upon the people of the United If that, in fact, were the case and clo- communities throughout the Nation, States and interested groups to— ture were invoked and there are some and I hope that more communities will (A) promote awareness of, and volunteer germane amendments postcloture, we choose to participate in this innovative involvement in, the Safe Place program; and could dispose of those on Friday. program. (B) observe the week with appropriate Anyway, we are in a situation where The National Safe Place Program ceremonies and activities. it appears that unless the minority de- brings us closer to making our country f cides to allow us to have those votes on safe for youth, and I urge my col- Thursday, we would be in session Fri- leagues to support this resolution. ORDERS FOR THURSDAY, MARCH 8, 2007 day for a good part of the day and Mr. REID. Mr. President, I ask unan- maybe going into Saturday unless we imous consent that the resolution be Mr. REID. Mr. President, I ask unan- work something out. agreed to, the preamble be agreed to, imous consent that when the Senate Mr. MCCONNELL. Mr. President, if the motion to reconsider be laid upon completes its business today, it stands the majority leader will yield for an the table, and that any statements re- adjourned until 9:30 a.m., Thursday, observation, I think we have made lating to this bill be printed in the March 8; that on Thursday, following pretty good progress on getting amend- RECORD. the prayer and pledge, the Journal of ments disposed of. Hopefully, we can do The PRESIDING OFFICER. Without proceedings be approved to date, the more of that tomorrow. I think both objection, it is so ordered. morning hour be deemed expired, the sides have been operating in good faith, The resolution (S. Res. 100) was time for the two leaders be reserved for and we will consider tomorrow what agreed to. their use later in the day, and that other possibilities there might be. The preamble was agreed to. there then be a period for the trans- I think I can speak for the majority The resolution, with its preamble, action of morning business for 60 min- on this side in saying that we certainly reads as follows: utes, with Senators permitted to speak look forward to wrapping up this bill in S. RES. 100 therein for up to 10 minutes each, with the near future. There are a few other Whereas the youths of the United States the first 30 minutes under the control amendments we would like to have will be the future bearers of the bright torch of the Republican leader or his des- considered, and those discussions are of democracy; ignee and the final 30 minutes under ongoing between my staff and the ma- Whereas youths need a safe haven from the control of the majority leader or various negative influences, such as child jority leader’s staff. abuse, substance abuse, and crime, and his designee; and that following morn- Mr. REID. Mr. President, I would say youths need to have resources readily avail- ing business, the Senate resume consid- this: The Republican leader is abso- able to assist them when faced with cir- eration of S. 4. lutely right, and we have tried real cumstances that compromise their safety; The PRESIDING OFFICER. Without hard on some nongermane amendments Whereas the United States needs increased objection, it is so ordered. to get some votes. It is not all their numbers of community volunteers acting as f fault. We have, on our side, a Senator positive influences on the youths of the Na- or two who simply will not let us agree tion; CALL OF THE ROLL Whereas the Safe Place program is com- to votes on nongermane amendments mitted to protecting the youths of the Mr. REID. Mr. President, I ask unan- because they say and have said for the United States, the Nation’s most valuable imous consent that the live quorums last 2 days: You gave a vote on theirs; asset, by offering short term safe places at required with respect to the two clo- why don’t I get a vote on mine. So we neighborhood locations where trained volun- ture motions I filed be waived. have agreed to. teers are available to counsel and advise The PRESIDING OFFICER. Without As I explained to some Senators as- young people seeking assistance and guid- objection, it is so ordered. sembled here in the well earlier today, ance; f when we moved to this bill, I said it Whereas the Safe Place program combines would be open for amendment, and it the efforts of the private sector and non- PROGRAM profit organizations to reach young people in has been, and there is no way we can the early stages of crisis; Mr. REID. Mr. President, tomorrow get out of germane amendments. We Whereas the Safe Place program provides a we will be in a situation where we can can invoke cloture, but they are still direct way to assist programs in meeting continue to work on, of course, S. 4. I available.

VerDate 0ct 09 2002 07:07 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.048 SWEST PsN: S07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — SENATE S2851 On the nongermane amendments, you NOMINATIONS VIRGINIA LOUISE STAAB, OF CALIFORNIA DANIEL MORENO STOIAN, OF CALIFORNIA run into problems like we have run Executive nominations received by RUTH NIKOLA URRY, OF OREGON into in these last couple of days. There DANIEL WALD, OF CONNECTICUT the Senate March 7, 2007: ERIN E. WEBSTER-MAIN, OF WASHINGTON are some really big issues people are STEPHEN JAMES WILGER, OF OHIO FEDERAL ENERGY REGULATORY COMMISSION objecting to and not allowing these PETRA JOY ZABRISKIE, OF CALIFORNIA JOSEPH TIMOTHY KELLIHER, OF THE DISTRICT OF CO- THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN other amendments to be heard unless LUMBIA, TO BE A MEMBER OF THE FEDERAL ENERGY SERVICE TO BE CONSULAR OFFICERS AND/OR SECRE- REGULATORY COMMISSION FOR THE TERM EXPIRING they get theirs. We have this habeas TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED JUNE 30, 2012. (REAPPOINTMENT) corpus issue, and there has been all STATES OF AMERICA, AS INDICATED: DEPARTMENT OF EDUCATION CONSULAR OFFICERS AND SECRETARIES IN THE DIP- kinds of talk on that. That is okay, LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: from my perspective, but we have spent KERRI LAYNE BRIGGS, OF VIRGINIA, TO BE ASSISTANT SECRETARY FOR ELEMENTARY AND SECONDARY EDU- DEPARTMENT OF COMMERCE a lot of time on that issue before. We CATION, DEPARTMENT OF EDUCATION, VICE HENRY CHRISTINA BISHOP, OF TEXAS LOUIS JOHNSON, RESIGNED. have over on this side something deal- MARIANNE M. DRAIN, OF WASHINGTON ing with Katrina about which Senator INSTITUTE OF MUSEUM AND LIBRARY SERVICES CATHERINE FEIG, OF VIRGINIA JONATHAN HOLLAND, OF GEORGIA LANDRIEU feels very strongly. We have DOUGLAS G. MYERS, OF CALIFORNIA, TO BE A MEMBER CAROLINE E. KATZIN, OF NEVADA a Senator over here who is interested OF THE NATIONAL MUSEUM AND LIBRARY SERVICES DOMINIC KEATING, OF VIRGINIA BOARD FOR A TERM EXPIRING DECEMBER 6, 2011, VICE DORIAN S. MAZURKEVICH, OF PENNSYLVANIA in the PATRIOT Act and changing PETER HERO, TERM EXPIRED. HEIDI M. PICHLER, OF THE DISTRICT OF COLUMBIA JEFFREY PATCHEN, OF INDIANA, TO BE A MEMBER OF that. It goes back and forth, with both THE NATIONAL MUSEUM AND LIBRARY SERVICES BOARD DEPARTMENT OF STATE FOR A TERM EXPIRING DECEMBER 6, 2011, VICE JOHN E. sides having all kinds of things they EMILIA R. ADAMS, OF TENNESSEE BUCHANAN, JR., TERM EXPIRED. STEVEN ANDERSON, OF OKLAHOMA want, but it is an open process. LOTSEE PATTERSON, OF OKLAHOMA, TO BE A MEMBER DAVID E. ARNOLD, OF FLORIDA OF THE NATIONAL MUSEUM AND LIBRARY SERVICES Now, the one thing that maybe we TONYA R. ASHWORTH, OF VIRGINIA BOARD FOR A TERM EXPIRING DECEMBER 6, 2011, VICE CARLA L. BACHECHI, OF NEW MEXICO can do in the future to make things a DONALD LESLIE, TERM EXPIRED. RYAN BALLOW, OF ALASKA little more orderly is have an open FOREIGN SERVICE QUENTIN R. BARBER, OF INDIANA amendment process. But when an JOHN S. BARGER, OF VIRGINIA THE FOLLOWING-NAMED PERSONS OF THE AGENCIES JENNIFER K. BARLOW, OF VIRGINIA amendment is called, we have to dis- INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- JOELLE-ELIZABETH BEATRICE BASTIEN, OF MARYLAND pose of that. What we have tried to do FICERS OF THE CLASSES STATED. CANDACE LATRESE BATES, OF ALABAMA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF DAVID M. BECHARD, OF VIRGINIA here is have people come and give their CLASS TWO, CONSULAR OFFICERS AND SECRETARIES IN ASHLEY LORRAINE BRADY, OF TEXAS statements about amendments they THE DIPLOMATIC SERVICE OF THE UNITED STATES OF KYLA L. BROOKE, OF CALIFORNIA AMERICA: want to offer, and we have allowed CHRISTOPHER E. BROOMFIELD, OF THE DISTRICT OF CO- DEPARTMENT OF STATE LUMBIA them to offer them. What happens is MATTHEW K. BUNT, OF WASHINGTON PATRICIA A. MILLER, OF MARYLAND OSBORNE DAVIS BURKS III, OF TENNESSEE you get too many amendments stacked DANAE G. BUSA, OF VIRGINIA up, and it gives individual Senators, FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF EMILY ELIZABETH CALDWELL, OF SOUTH CAROLINA CLASS THREE, CONSULAR OFFICERS AND SECRETARIES SHARON MARIE CALLAHAN, OF VIRGINIA frankly, too much power because they IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF JULIE L. CARABELL, OF MARYLAND hold everybody else hostage. AMERICA: GEORGE E. CARTER, OF VIRGINIA AGENCY FOR INTERNATIONAL DEVELOPMENT G. WARREN CHANE JR, OF MASSACHUSETTS So I think what we are going to do in KELLY ANN COHUN, OF VERMONT the future—and I will discuss this in MICHELLE M. FONTAINE, OF MARYLAND ELLEN ANNE COLLERAN, OF MASSACHUSETTS RICHARD BRAD MOORE, OF TEXAS LISA BARANOWSKI CONESA, OF WISCONSIN more detail with the distinguished Re- RAGIP SARITABAK, OF CONNECTICUT LINDA M. CRIBLEZ, OF FLORIDA publican leader—is have open amend- KENDRA L. SCHOENHOLZ, OF ILLINOIS CYNDEE J. CROOK, OF WASHINGTON DAVID CROOKER, OF VIRGINIA ments but not allow these amendments DEPARTMENT OF STATE BONNIE TARA DALEY, OF CALIFORNIA to be stacked up. By doing it the way ARIC RICHARD SCHWAN, OF COLORADO KELLY DANIEL, OF TEXAS LYN DEBEVOISE, OF CALIFORNIA we have done it here, trying to be more FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF MICHAEL DECLUE, OF VIRGINIA open, it takes away a lot of the author- CLASS FOUR, CONSULAR OFFICERS AND SECRETARIES IN PATRICK J. DIRKER, OF THE DISTRICT OF COLUMBIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF LESLIE WILLIAMS DOUMBIA, OF ALABAMA ity of the two managers because the AMERICA: KIMBERLY A. DURAND, OF MASSACHUSETTS authority on these bills floats to indi- DEPARTMENT OF STATE ROBERT WINFIELD ELLIS, OF THE DISTRICT OF COLUM- BIA vidual Senators because they have all TANYA A. ALLEN, OF MARYLAND RAMON ESCOBAR, OF WISCONSIN these amendments and they want to TYLER TRAVIS ALLEN, OF CALIFORNIA PERLA GABRIELA FERNANDEZ, OF KANSAS LORI J. ANTOLINEZ, OF FLORIDA ELLIOT CHARLES FERTIK, OF MASSACHUSETTS offer them, which I have no problem GUY SHAWN BAXTER, OF WASHINGTON BROOKE FORD, OF VIRGINIA with, but they won’t allow other people ALISON B. BLOSSER, OF OHIO DANIELLE N. FOSTER, OF VIRGINIA TRACY R. BROWN, OF UTAH MICHAEL R. FRASER, OF NEW YORK to have votes on their amendments un- CHRISTOPHER L. CAMPBELL, OF VIRGINIA MATTHEW J. GARRETT, OF KANSAS less they get amendments. FARAH N. CHERY-MEDOR, OF MARYLAND MEREDITH E. GLASS, OF VIRGINIA THOMAS S. CHOJNACKI, OF COLORADO RACHEL C. GRACIANO, OF WASHINGTON This legislative process is the art of CAROLYN N. COOLEY, OF GEORGIA BREANNA LENORE GREEN, OF MINNESOTA compromise and trying to work things DANIEL NELS DALEY, OF THE DISTRICT OF COLUMBIA ALAMANDA L. GRIBBIN, OF FLORIDA PAMNELLA SONOMA DEVOLDER, OF WASHINGTON NAILA M. GUTIERREZ, OF FLORIDA out. Quite frankly, during the last cou- MARK S. DIEKER, OF OHIO ANDREW E. HALUS, OF PENNSYLVANIA ple of days, we have had Senators on JOHN DUNHAM, OF FLORIDA ANN MCCAMISH HARDMAN, OF KENTUCKY ANA A. ESCROGIMA, OF NEW YORK BRYAN RH. HARRISON, OF ILLINOIS both sides who have been very uncom- HARRISON S. FORD III, OF VIRGINIA RICHARD P. HARRISON, OF VIRGINIA promising, and it has made it very dif- DANIEL C. GAUSH, OF TEXAS IAN HAYWARD, OF THE DISTRICT OF COLUMBIA RACHEL D. GRAAF, OF IOWA DANA D. HILL, OF MARYLAND ficult for the managers and I would ELISA BETH GREENE, OF NEVADA GRETA E. HINKLE, OF VIRGINIA think Senator MCCONNELL and myself. SCOTT CHARLES HIGGINS, OF FLORIDA AMANDA LEE HOBAN, OF VIRGINIA JEFFREY GERARD HILSGEN, OF FLORIDA JOSEPH PATRICK HOBAN, OF VIRGINIA Having said that, I appreciate all the KATHRYN HOFFMAN, OF THE DISTRICT OF COLUMBIA BRANDON ALLEN HUDSPETH, OF TEXAS problems we have here. Remember, for DAVID JOHN JEA, OF FLORIDA DAVID M. HUGHES, OF VIRGINIA NICKOLAS GEORGE KATSAKIS, OF VIRGINIA TIM HUSON, OF CALIFORNIA 220 years, this has been the U.S. Sen- VIRGINIA ELAINE KENT, OF TEXAS JOHN H. HYP, OF VIRGINIA ate. It is a wonderful institution. MICHAEL D. LAMPEL, OF ILLINOIS STEVEN J. JACOB, OF VIRGINIA ANDREW NICHOLAS LENTZ, OF OREGON BRANDI NASHAY JAMES, OF GEORGIA Sometimes, however, it can be very MIRIAM LACHO, OF FLORIDA LIDA JOHANSON, OF VIRGINIA consternating to work things through, DEBRA LO, OF CALIFORNIA PATRICK JOSEPH KELLY, OF VIRGINIA CHARLES A. LOBDELL III, OF FLORIDA MEGAN M. KEPHART, OF THE DISTRICT OF COLUMBIA but we will get it done. KEITH A. LOMMEL, OF ARIZONA MICHAEL G. KIRBY, OF VIRGINIA MITCHELL G. MABREY, OF MISSOURI DENEYSE ANTOINETTE KIRKPATRICK, OF TEXAS f MARISSA MEAD MARTIN, OF FLORIDA DAMON PATRICK KITTERMAN, OF GEORGIA MATTHEW C. MEADOWS, OF WASHINGTON SCOTT ERIC KOFMEHL, OF PENNSYLVANIA ADJOURNMENT UNTIL 9:30 A.M. ERIC REDPATH MEHLER, OF WASHINGTON JUSTIN L. KOLBECK, OF CALIFORNIA BRADLEY STEVEN NORTON, OF TEXAS BRIAN LANDAN, OF THE DISTRICT OF COLUMBIA TOMORROW JEFFREY T. OGREN, OF ARIZONA KELLY CHRISTINE LANDRY, OF GEORGIA EVAN WILLIAM OWEN, OF CALIFORNIA LEAH D. LATHAM, OF VIRGINIA Mr. REID. Mr. President, if there is KARI ANN PAETZOLD, OF IOWA ADAM JESSE LENERT, OF TEXAS no other business and if the Republican ROBERTO QUIROZ II, OF FLORIDA ROSALIE PARKER LOEWEN, OF THE DISTRICT OF COLUM- ROBERT A. RAINES, OF VIRGINIA BIA leader has no further business, I ask LAWRENCE M. RANDOLPH, OF THE DISTRICT OF COLUM- JOHN D. MAHR, OF VIRGINIA unanimous consent that the Senate BIA WOSSENYELESH MAZENGIA, OF PENNSYLVANIA MARGOT JOSEPHINE RATCLIFFE, OF WASHINGTON AMIEE R. MCGIMPSEY, OF IOWA stand adjourned under the previous BRIAN ROBERT REYNOLDS, OF UTAH CAMERON D. MCGLOTHLIN, OF THE DISTRICT OF COLUM- order. MIGUEL CORREA RODRIGUES, OF MARYLAND BIA DAVID SEMINARA, OF ILLINOIS LORI MICHAELSON, OF THE DISTRICT OF COLUMBIA There being no objection, the Senate, ELIZABETH A. SEWALL, OF TENNESSEE RYIA MILLER, OF VIRGINIA at 7:43 p.m., adjourned until Thursday, SREELAKSHIMI SITA SONTY, OF ILLINOIS BROOKE SUMMERS MOPPERT, OF CONNECTICUT JOHN DANIEL SPYKERMAN, OF THE DISTRICT OF COLUM- KEVIN S. MORAN, OF VIRGINIA March 8, 2007, at 9:30 a.m. BIA ROBERT T. MORGAN, OF MARYLAND

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KIRA J. MORIAH, OF THE DISTRICT OF COLUMBIA SHENOA LIAN SIMPSON, OF MISSOURI THE FOLLOWING-NAMED CAREER MEMBER OF THE AMY REBECCA NAGLE, OF THE DISTRICT OF COLUMBIA MICHELLE BERNADETTE SIVERT, OF CALIFORNIA FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR WAYNE BACTAD NANKIL, OF MARYLAND ANNE M. SLACK, OF NEW HAMPSHIRE PROMOTION INTO THE SENIOR FOREIGN SERVICE, AND MICHAEL PETER NOLL, OF VIRGINIA ELEANOR CHARLOTTE STONE, OF VIRGINIA FOR APPOINTMENT AS CONSULAR OFFICER AND SEC- DEVINA SOLMORO OJASCASTRO, OF CALIFORNIA FRANK P. TALLUTO, OF GEORGIA RETARY IN THE DIPLOMATIC SERVICE, AS INDICATED: JENNIFER L. ORRICO, OF WISCONSIN JOSHUA TEMBLADOR, OF NEW YORK CAREER MEMBER OF THE SENIOR FOREIGN SERVICE BLANCA R. PADILLA, OF VIRGINIA OLIVER M. THOMAS, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- ESTHER PAN, OF NEW YORK JAMI J. THOMPSON, OF INDIANA SELOR, AND CONSULAR OFFICER AND SECRETARY IN C. DARREN PERDUE, OF WEST VIRGINIA KAREEN KAY-ANN THORPE, OF NEW YORK THE DIPLOMATIC SERVICE OF THE UNITED STATES OF CLARENCE JASEN PETERSON, OF MICHIGAN ESPERANZA MARIE TILGHMAN, OF CALIFORNIA AMERICA: GREGORY WILLIAM PFLEGER, JR., OF NEW JERSEY VERNICA TORRES, OF ILLINOIS DEAN L. SMITH, OF TEXAS JOHN T. POIRIER, OF VIRGINIA CHAD E. TRAXLER, OF COLORADO BRIANNA ELIZABETH POWERS, OF NORTH CAROLINA PEI J. TSAI, OF TEXAS ERICA LEIGH PRENZLOW, OF THE DISTRICT OF COLUM- f MIGNON RENEE TURNER, OF NORTH CAROLINA BIA DAVID L. VANCE, OF MISSOURI ROBYN KATHERINE PRINZ, OF CALIFORNIA LILIANE VERLAGE, OF VIRGINIA BRIAN REAMS, OF VIRGINIA CONFIRMATIONS ROBERT ERIC REEVES, OF HAWAII STAFFORD A. WARD, OF GEORGIA HALA RHARRIT, OF NEVADA CHELISA C. WHEELER, OF NEW MEXICO Executive nominations confirmed by JOHN V. RHATIGAN, OF NEW YORK MATTHEW WHITTON, OF VIRGINIA the Senate Wednesday, March 7, 2007: JANE RHEE, OF TEXAS GEORGE J. WIEDEROCK II, OF VIRGINIA CHRISTEN CLAIRE RHODES, OF VIRGINIA ANGELINA M. WILKINSON, OF FLORIDA DEPARTMENT OF STATE DONNA L. ROBER, OF MARYLAND ALISON ELSPETH WILLIAMS, OF THE DISTRICT OF CO- LUIS ALBERTO ROJAS, OF VIRGINIA LUMBIA STANLEY DAVIS PHILLIPS, OF NORTH CAROLINA, TO BE KEVIN J. ROSIER, OF LOUISIANA KIMBERLY E. WRIGHT, OF NEW YORK AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY CHRISTOPHER DAVID SCHEFFMAN, OF VIRGINIA OF THE UNITED STATES OF AMERICA TO THE REPUBLIC THE FOLLOWING-NAMED CAREER MEMBERS OF THE HOLLY PALUBIAK SCHWENDLER, OF VIRGINIA OF ESTONIA. SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF LYNETTE SCHUBERT, OF VIRGINIA WILLIAM B. WOOD, OF NEW YORK, A CAREER MEMBER STATE FOR PROMOTION IN THE SENIOR FOREIGN SERV- KENNETH JOHN SCUDDER, OF CALIFORNIA OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- ICE TO THE CLASS INDICATED: IONA L. SEGARAM, OF VIRGINIA COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND AMY CHRISTINE SENNEKE, OF ILLINOIS CAREER MEMBER OF THE SENIOR FOREIGN SERVICE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA EMILY C. SHAFFER, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF MIN- TO THE ISLAMIC REPUBLIC OF AFGHANISTAN. RACHAEL ANN SHARON, OF ILLINOIS ISTER-COUNSELOR: THE ABOVE NOMINATIONS WERE APPROVED SUBJECT BRIAN LOYD SHELBOURN, OF TEXAS JAMES J. EHRMAN, OF MARYLAND TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- DIONANDREA FRANCINE SHORTS, OF COLORADO MICHAEL PATRICK GLOVER, OF TEXAS QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY HYUN BO SIM, OF NEW YORK LAWRENCE C. MANDEL, OF VIRGINIA CONSTITUTED COMMITTEE OF THE SENATE.

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CONGRATULATING THOMAS F. St. John the Baptist, St. John the Evangelist age and bravery. He was awarded the Silver BURKE AS HE IS NAMED ‘‘MAN and St. Joseph where they serve in the Bap- Star for Bravery from the American Police Hall OF THE YEAR’’ BY THE GREAT- tismal Ministry and where Judge Burke serves of Fame, as well as the Legion of Honor ER PITTSTON FRIENDLY SONS as a lector and as a member of the parish fi- Award from the American Law Enforcement OF ST. PATRICK nancial council. They are the parents of five Officers Association for his courage, bravery, children: Tom, a student at Harvard Law and allegiance in the performance of his duty HON. PAUL E. KANJORSKI School; Bill, a student at Fordham Law following an incident that occurred on March OF PENNSYLVANIA School; Margy, a student at Boston College; 27, 1985. He is also an active member and IN THE HOUSE OF REPRESENTATIVES Katey, a student at Lehigh University; and Pat- participant in the Blair County DUI and Drug Wednesday, March 7, 2007 rick, a student at Scranton Preparatory Task Forces. Chief Thomas Miller’s character School. does not go unnoticed and is sure to bring him Mr. KANJORSKI. Madam Speaker, I rise Since 1992, the Burke family has hosted the most rewarding experiences in life. today to ask you and my esteemed colleagues students from Ireland, Japan and France. Chief Miller also recognizes fellow officers’ in the House of Representatives to pay tribute Madam Speaker, please join me in con- spirit and bravery being a member of the Blair to the Honorable Thomas F. Burke, Jr., on the gratulating Judge Burke on this fine honor. County Law Enforcement Officers Memorial occasion of being named ‘‘Man of the Year’’ The enormity of his contributions to the law, Foundation. by the Greater Pittston Pennsylvania Friendly his family and community speaks volumes Madam Speaker, Chief Thomas D. Miller Sons of St. Patrick. about his dedication, stamina and commitment has been very active in both professional and Judge Burke serves on the Luzerne County and serves as a shining example for others to personal activities throughout Blair Township, Pennsylvania Court of Common Pleas, the emulate. Pennsylvania. Chief Thomas D. Miller is a 11th Judicial District of the Commonwealth of f great citizen of Blair County and we are hon- Pennsylvania. ored to recognize him for all of his work and A native of West Pittston, Judge Burke was PERSONAL EXPLANATION accomplishments. I congratulate him and wish appointed to the bench by former Pennsyl- him the best in his retirement. vania Gov. Tom Ridge. He was unanimously approved by the Pennsylvania Senate. Judge HON. TODD TIAHRT f Burke took office May 22, 1998, and was OF KANSAS CONGRATULATING JAMES F. elected to a full 10-year term of office by the IN THE HOUSE OF REPRESENTATIVES BANNON AS HE RECEIVES THE voters of Luzerne County in 1999. Wednesday, March 7, 2007 LIFETIME ACHIEVEMENT AWARD Prior to his judicial appointment, Judge FROM THE PITTSTON FRIENDLY Mr. TIAHRT. Madam Speaker, on March 6, Burke was engaged in the practice of law for SONS OF ST. PATRICK 25 years and, for several years, was a partner I was unavoidably detained and missed rollcall with his brother, Atty. Joseph D. Burke, in the votes Nos. 121 and 122. HON. PAUL E. KANJORSKI law offices of Burke and Burke. He served as Rollcall vote No. 121 was final passage of H. Res. 98. Had I been present, I would have OF PENNSYLVANIA a member of the executive committee of the IN THE HOUSE OF REPRESENTATIVES Wilkes-Barre Law and Library Association. voted ‘‘yea.’’ He was also a director and president of the Rollcall vote No. 122 was on final passage Wednesday, March 7, 2007 First Bank of Greater Pittston and served as a of H. Res. 149. Had I been present, I would Mr. KANJORSKI. Madam Speaker, I rise director of successor banking institutions. have voted ‘‘yea.’’ today to ask you and my esteemed colleagues A summa cum laude graduate of West f in the House of Representatives to pay tribute Pittston High School, Judge Burke was in- TRIBUTE TO CHIEF THOMAS D. to Mr. James F. Bannon of Pittston, Pennsyl- ducted into the Wyoming Area Football ‘‘Ring MILLER vania, who has been chosen by the Greater of Pride’’ in 2005. Judge Burke is an honors Pittston Friendly Sons of St. Patrick to receive graduate with a BA degree in finance from Le- their Lifetime Achievement Award. high University and he received his Juris Doc- HON. BILL SHUSTER Mr. Bannon was born in Scranton, Pennsyl- tor degree from Villanova University School of OF PENNSYLVANIA vania, a son of the late Frank and Jule Law. IN THE HOUSE OF REPRESENTATIVES Gaffney Bannon. He received his early edu- Judge Burke is a veteran of the United Wednesday, March 7, 2007 cation at Holy Rosary School in Scranton and States Army and was awarded the Bronze later graduated from Pittston High School in Star for meritorious service in the Republic of Mr. SHUSTER. Madam Speaker, I rise 1936. Vietnam. today to honor Chief Thomas D. Miller, who He served in the United States Army before Judge Burke is a former chairman of the after 33 years of distinguished service is retir- becoming associated with Bright Construction board of trustees of Marywood University and ing from his prestigious responsibility as Chief Company where he worked for 46 years as a was awarded the presidential medal from that of the Blair Township Police Department. masonry foreman. He was also a member of institution in 2004. He is also a past president Chief Miller has had a successful and promi- the Bricklayers Union No. 5, Harrisburg. of the board of directors of the Greater nent career with many achievements and rec- After retiring, he worked as a consultant for Pittston Chamber of Commerce and he served ognitions. Reilly Associates. as chairman of the board of directors of Chief Miller’s law enforcement career began Mr. Bannon also served as a member of the Catholic Social Services of Wyoming Valley. in 1974 as a part-time patrolman and quickly Pittston Area School Board. He formerly served as a member of the Presi- made his way up the ranks with his dedication He is a past president of the Greater dent’s Council of King’s College and as vice to serving the community. In 1980, 3 months Pittston Friendly Sons of St. Patrick and is a chairman of the board of directors of the after being hired as a full-time police officer by fourth degree member of the John F. Kennedy Luzerne Foundation. Judge Burke served the Blair Township Police Department and Council 372, Knights of Columbus, Pittston. three terms on the board of directors of the elected Constable of Juniata County, he was He also served as president of the Council’s United Way of Wyoming Valley and also promoted to Assistant Chief. On March 13, Home Association. chaired the capital campaigns for the Greater 2001, Chief Miller was appointed Blair Town- He is currently a member of the Pittston Pittston YMCA and the Salvation Army, West ship Chief of Police. His devotion to duty and Planning Commission. Pittston, where he also served as a member commitment to the community can surely be Mr. Bannon has been married for the past of the Advisory Council. drawn upon by future police officers. 70 years to the former Frances Bright. They Judge Burke and his wife, Peggy, are mem- Chief Thomas Miller’s career in law enforce- are the parents of two daughters, Ann Galla- bers of the parish community of St. Casimir, ment has brought him recognition for his cour- gher, Indiana, and Kathy Sulima, Pittston.

∑ 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 0ct 09 2002 07:35 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MR8.001 SWEST PsN: E07MRPT1 E480 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2007 They also have four grandsons, five great also active in community organizations, such and instrumentation as part of a national re- grandsons and two great granddaughters. as the Sunrise Rotary Club of Bedford and the search and education team. The Philadelphia Mr. and Mrs. Bannon are members of St. Bedford County Chamber of Commerce Youth Eagles have retained Dr. Meade’s services as John the Evangelist Church, Pittston. Leadership Program and Education Founda- a consultant for summer camp since 1998. Madam Speaker, please join me in con- tion. Last July he realized his most ambitious vi- gratulating Mr. Bannon on the occasion of this Nominators of Dr. Crawford cite his excel- sion by developing a 300,000 square foot inte- honor. Mr. Bannon’s lifelong service to his lent vision and leadership in guiding his col- grated health campus offering traditional and family, church and community illustrate his leagues toward innovation and excellence, yet alternative therapies in a holistic environment commitment and selflessness and serve as an Dr. Crawford selflessly announced ‘‘what this to improve quality of life and longevity. The fa- example for others to emulate. award really demonstrates is that there is a cility is located in Allentown, Pennsylvania, f whole team of people who are working to and is a national showcase model for the fu- make Bedford Area School District a better ture of private practice medical care. PERSONAL EXPLANATION place.’’ This modest educator is truly a won- Dr. Meade resides in Allentown with his wife derful asset to the Bedford area, as well as and three children. HON. TODD TIAHRT the State of Pennsylvania, and is most deserv- Madam Speaker, please join me in con- OF KANSAS ing of this prestigious honor. gratulating Dr. Meade on this special honor. IN THE HOUSE OF REPRESENTATIVES f His contributions to the field of medicine re- flect his deep passion and commitment for im- Wednesday, March 7, 2007 CONGRATULATING DR. THOMAS D. proving the quality of life and the standards of Mr. TIAHRT. Madam Speaker, on March 5, MEADE AS HE RECEIVES THE human health care. 2007 SWINGLE AWARD FROM THE I was unavoidably detained and missed rollcall f votes Nos. 119 and 120. GREATER PITTSON FRIENDLY Rollcall vote No. 119 was final passage of SONS OF ST. PATRICK HONORING NEW YORK STATE AS- H.R. 995. Had I been present, I would have SEMBLYMAN MARK J.F. SCHROE- voted ‘‘yea.’’ HON. PAUL E. KANJORSKI DER Rollcall vote No. 120 was on final passage OF PENNSYLVANIA of H.R. 497. Had I been present, I would have IN THE HOUSE OF REPRESENTATIVES HON. BRIAN HIGGINS voted ‘‘yea.’’ Wednesday, March 7, 2007 OF NEW YORK f IN THE HOUSE OF REPRESENTATIVES Mr. KANJORSKI. Madam Speaker, I rise TRIBUTE TO DR. PATRICK today to ask you and my esteemed colleagues Wednesday, March 7, 2007 CRAWFORD in the House of Representatives to pay tribute Mr. HIGGINS. Madam Speaker, I offer these to Dr. Thomas D. Meade, M.D., who is the re- remarks today in honor of Mark J.F. Schroe- HON. BILL SHUSTER cipient of the 2007 Swingle Award from the der, Member of the Assembly of the State of OF PENNSYLVANIA Greater Pittston Friendly Sons of St. Patrick. New York, on the occasion of his being IN THE HOUSE OF REPRESENTATIVES Dr. Meade is an orthopedic surgeon and the named Irishman of the Year by Goin’ South, a senior managing partner and president of OAA prominent civic organization in my constitu- Wednesday, March 7, 2007 Orthopedic Specialists, the oldest incorporated ency. Mr. SHUSTER. Madam Speaker, I rise medical group in the Lehigh Valley of Pennsyl- Rarely does one encounter a public servant today to honor Dr. Patrick Crawford of Bed- vania. He created and serves as medical di- so dedicated to the principles of good govern- ford, Pennsylvania, who has been named rector of the OAA Human Performance Cen- ment and of selfless public service as Assem- ‘‘2007 Pennsylvania Superintendent of the ter, a nationally recognized medical fitness fa- blyman Schroeder, who succeeded me in rep- Year’’ by a committee of his peers from the cility with over 3,500 members. He received resenting the people of the 145th Assembly Pennsylvania Association of School Adminis- the 2002 Founders Award from the prestigious District. trators. This distinguished award is given an- Medical Fitness Association for his lifetime One marvels at the tremendous ability he nually and is part of the National Super- contributions to the field of medical fitness and has demonstrated, in his work in the assembly intendent of the Year Program sponsored by the Sir John Charnley A ward for Orthopedic and previously in the Erie County Legislature, the American Association of School Adminis- achievement. to use the resources of elective office to make trators. It is presented to further inspire exem- Dr. Meade is a 1975 graduate of Pittston tangible improvements to the neighborhoods plary leadership and promote a sense of con- Area High School where he was awarded nu- he represents, and in the lives of the constitu- fidence and pride in our Nation’s public merous academic distinctions and still holds ents he so ably serves. schools. Dr. Crawford will be recognized in the high school diving record. He graduated While remaining vigilant with regard to his March at the American Association of School from Penn State with High Distinction where a legislative responsibilities—Assemblyman Administrators Conference on Education, diving injury launched him on a career in or- Schroeder is highly regarded for the studious- where the national recipient will be chosen thopedic surgery. After nine years in Philadel- ness with which he considers each piece of among the State nominees. phia at Jefferson Medical College and five legislation before him—Assemblyman Schroe- Dr. Patrick Crawford has been super- years at Thomas Jefferson University, he trav- der has also rolled up his sleeves and pro- intendent of Bedford Area School District since eled to Connecticut to complete a knee and duced tangible results in the areas of neigh- 1996. His outstanding service to the Bedford sports medicine fellowship. borhood-based economic development and area has included several noteworthy pro- Dr. Meade is an avid cyclist and competitive adult education in the communities he serves. grams. The Superintendent’s Leadership swimmer. He has held top 10 U.S. Masters A prime example of his successes in the Academy, a 2 year leadership program for Swimming rankings and shares national and area of neighborhood-based economic devel- high school juniors and seniors; the Bedford world records in men’s freestyle events with opment is his creation of, and ongoing support Teacher Technology Academy, a staff devel- fellow OAA physician, Dr. Charles Norelli. for, the Greater South Buffalo Chamber of opment program that advances the use of As an author and educator, Dr. Meade has Commerce. Through this agency, he had de- technology in learning; and the Classrooms for published articles and books and produced monstrably reduced commercial vacancy rates the Future initiative which will place laptops on videos on sports injuries, nutrition and fitness and otherwise dramatically improved business the desks of every high school student in the related topics. He has also lectured exten- districts in his constituency. district. These initiatives all take precedence sively on those topics. He is currently the host Now boasting 156 members, the Greater on the future of education in the Bedford area. of two popular cable television shows on or- South Buffalo Chamber of Commerce encour- In addition to the time he spends as a su- thopedic and medical issues. He also holds ages business development through the Irish perintendent, Dr. Crawford dedicates much of two academic posts at Thomas Jefferson Uni- Feis and Expo, a trade show and concert held his schedule to the betterment of the Bedford versity and Pennsylvania State University and in conjunction with Goin’ South, a monthly community. He has worked through organiza- he serves as director of orthopedic trauma newsletter, a high quality membership direc- tions such as the Pennsylvania Leadership residency education at Lehigh Valley Hospital. tory, a wide range of member benefits, in- Development Center, the Blended Schools Vir- He is a recognized expert in the field of volvement with a wide array of community tual Learning Consortium, and is serving on knee ligament reconstruction, knee replace- events and projects, and enthusiastic and un- the Learning Lamp Board of Directors. He is ments and has developed surgical techniques wavering advocacy.

VerDate 0ct 09 2002 07:35 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MR8.005 SWEST PsN: E07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E481 Let me point out, Madam Speaker, that As- CONGRESSIONAL CONSTITUTION Today, Members justify passing legislation semblyman Schroeder’s tremendous efforts CAUCUS’ WEEKLY ‘‘CONSTITU- that is even more expansive than the Bonus with regard to improving the economic condi- TION HALF HOUR’’ Bill. They argue that Article 1, Section 8 allows tions in the neighborhoods he serves is sur- us to pass any legislation, as long as it pro- passed only by his commitment to providing HON. SCOTT GARRETT vides for the ‘‘general Welfare’’ or is ‘‘nec- the most vulnerable among his constituents OF NEW JERSEY essary and proper.’’ Madison would have been with the educational tools they need in order IN THE HOUSE OF REPRESENTATIVES appalled by our liberal interpretation of these to build better lives for themselves and their Wednesday, March 7, 2007 terms. In The Federalist No. 41 he asked, families. ‘‘For what purpose could the enumeration of Mr. GARRETT of New Jersey. Madam particular powers be inserted, if these and all I refer specifically to his creation of the Speaker, we are here today to announce our others were meant to be included in the pre- South Buffalo Education Center, a school of- support of the Enumerated Powers Act au- ceding general power?’’ fering GED training to persons who had not thored by our good friend from Arizona, Mr. James Wilson, the author of the General completed high school. The South Buffalo SHADEGG. As the founder and chairman of the Welfare clause explained to the Pennsylvania Education Center has graduated more than Congressional Constitution Caucus, I urge my ratification convention that the words ‘‘nec- 200 persons, and has the highest graduation fellow Members to cosponsor this legislation. essary and proper’’ are ‘‘limited, and defined Article VI, Section 3 of the U.S. Constitution and retention rates of any GED program in by the following, ’for carrying into execution states: ‘‘The Senators and Representatives New York State, it is truly an accomplishment the foregoing powers.’ It is saying no more before mentioned . . . shall be bound by Oath of which he should be proud. than that the powers we have already particu- or Affirmation, to support this Constitution.’’ On Very few public servants can point to a se- January 4, each of us followed this constitu- larly given, shall be effectually carried into ries of tangible accomplishments as remark- tional mandate and swore such an oath. Yet execution.’’ able as those achieved by Assemblyman in the past two months, we have passed legis- For these reasons, Madison explained that Schroeder, who has just begun his seventh lation without first considering the very docu- he could not sign the Bonus Bill unless an year service to his community as an elected ment that grants us legislative authority. As a amendment allowing such an expenditure official. Despite this, the Assemblyman con- result, taxpayer dollars are being wasted on were first added to the Constitution. tinues to expand the breadth and depth of his programs and projects that overstep the con- Mr. SHADEGG’s commonsense legislation fol- work with the development of Buffalo stitutional jurisdiction of the Federal Govern- lows Madison’s logic by ensuring that every RiverFest Park. ment. And personal freedoms and State prior- bill introduced in the u.s. Congress include a statement declaring the specific constitutional Expected to break ground later this year, ities are being overshadowed or even forgot- ten. authority under which the law is proposed to the new riverfront park will be an integral com- be enacted. Following such a guideline would ponent of the redevelopment of Buffalo’s wa- Unfortunately, this trend is not new to the 110th Congress. In recent decades, there has help return our nation to the principles of lim- terfront. Assemblyman Schroeder and his part- ited government, Federalism, and the 10th ners at the Valley Community Association been a sharp escalation of funding for existing Federal programs and creation of new ones. Amendment. And, such a principle is not only have attracted $1.2 million in public and pri- The bloated bureaucracy we have today is consistent with our oath, but it is also a smart- vate funds to this important endeavor. certainly not the type of central government er use of our constituents’ tax dollars. Simply put, Madam Speaker, as a con- envisioned by our forefathers. As Thomas Jef- The Enumerated Powers Act will stem the stituent of Assemblyman Mark J.F. Schroeder, ferson wrote in an 1808 letter, ‘‘The same pru- flow of unconstitutional legislation by compel- I am proud that he is my Assemblyman, I am dence which in private life would forbid our ling Members to reconsider the intended role proud that he is a close colleague in both gov- paying our own money for unexplained of the Federal Government. I strongly urge all ernment and politics, and I am proud to call projects, forbids it in the dispensation of the members of the Constitution Caucus to co- him my friend. public moneys.’’ sponsor this legislation. Congress must begin It is time for us to explain our distribution of to justify its actions to the states, local govern- f taxpayer dollars. Our constituents should be ments, and, ultimately, the people themselves. assured that we are upholding the document f IN RECOGNITION OF CALEB that protects their freedoms. Otherwise, the SCHMITT Federal Government will continue to overstep THE ‘‘SCOOTER’’ LIBBY CASE its boundaries, encroaching on the freedom of the people. HON. MIKE PENCE HON. BRAD ELLSWORTH Our Founding Fathers deliberately wrote a OF INDIANA constitution of enumerated powers. While IN THE HOUSE OF REPRESENTATIVES OF INDIANA some countries have attempted to limit gov- Wednesday, March 7, 2007 IN THE HOUSE OF REPRESENTATIVES ernment by writing constitutions that specify every single area in which the Federal Gov- Mr. PENCE. Madam Speaker, if there is Wednesday, March 7, 2007 ernment does not have jurisdiction, the fram- anything we learned from the conviction of ers knew that such a constitution would be un- ‘‘Scooter’’ Libby yesterday, it’s that the First Mr. ELLSWORTH. Madam Speaker, I rise necessarily tedious. Therefore, in Article I, Amendment and freedom of the press are still today to recognize Caleb Schmitt for winning Section 8, the founders specifically listed con- behind bars. the 135-pound individual Indiana wrestling gressional powers. The 10th Amendment The need for a federal media shield bill has State championship. This title is a fitting con- grants all other legislative powers to the never been more apparent. clusion to an outstanding season and career states. Yesterday Mr. Libby was convicted of lying for the Castle High School senior. It makes sense that Congress should per- to a grand jury and obstruction of justice. This Schmitt has racked up many accolades in form only the duties prescribed by the Con- is reprehensible. Mr. Libby will be held to a his 4 years wrestling for the Knights including stitution. The United States has thrived as a high standard and he should be. school records for wins in a season, wins in a nation precisely because the freedom of the However, as the Washington Post editorial career, and technical falls in a career. He was people has been protected by a limited gov- page points out this morning, Joe Wilson also a sectional champion all 4 years and his team- ernment. The Constitution is the anchor that lied about who sent him to Africa, what he mates voted him team MVP in three seasons. protects American citizens from the storms of found there, and about his wife being a covert He also collected two conference champion- a controlling central government. CIA agent. ships and numerous invitational titles. James Madison assured early Americans in The Washington Post today even calls Mr. The Federalist No. 45 that ‘‘the powers dele- Wilson a ‘‘blowhard.’’ Schmitt displays his athletic versatility with gated by the proposed Constitution to the Fed- Ironically, while Mr. Wilson was lying to the his success on the soccer field, where he was eral Government are few and defined.’’ Madi- press and creating a partisan furor, Mr. Libby a 4-year starter and letter winner on the var- son continued to operate under that belief was telling reporters the truth. Mr. Libby may sity team. He will continue his soccer career in even after the Constitution was ratified. In fact, have later lied to the grand jury and failed to the fall at the University of Southern Indiana. his last act as president was to veto the own up to his sources in his testimony, but Congratulations to Caleb Schmitt for all of Bonus Bill, which authorized federal funds for what he told the press was the truth. And, his achievements. public works projects. therein lies the real travesty that this case

VerDate 0ct 09 2002 07:35 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MR8.009 SWEST PsN: E07MRPT1 E482 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2007 brings to light: that freedom of the press is still THE CITIZENSHIP PROMOTION ACT cation assistance, outreach and community behind bars. OF 2007 education, and English and citizenship class- This case presented us with the long spec- es. We have seen a version of this project tacle of reporters being jailed and threatened HON. LUIS V. GUTIERREZ thrive in Illinois under the leadership of Gov- with jail time for not revealing their confidential OF ILLINOIS ernor Blagojevich and the Illinois Coalition for sources. As we saw with former New York IN THE HOUSE OF REPRESENTATIVES Immigrant and Refugee Rights. Times reporter Judith Miller, without the same Madam Speaker, let me close with this Wednesday, March 7, 2007 confidentiality protection that doctors, lawyers, point. President Theodore Roosevelt once clergy and so many others have, reporters are Mr. GUTIERREZ. Madam Speaker, I rise said: ‘‘Americanism is a question of principle, forced either to reveal their confidential today to announce the introduction of my bill, of purpose, of idealism, of character. It is not sources or go to jail. In her case, Judy Miller the Citizenship Promotion Act of 2007. The a matter of birthplace or creed or line of de- honorably chose 85 days in jail. goal of the legislation is to minimize the obsta- scent.’’ But many reporters and their sources will cles that legal immigrants face on the road to Let’s work to ensure that those who pos- not want to have to make the same decision. becoming U.S. citizens. sess the principle, the purpose, the idealism Because there is no federal media shield During my 15 years in Congress, I have and the character of America can earn the law, the real losers are actually not reporters made citizenship and immigration issues the chance to achieve the American Dream. And but the American public. Confidential sources cornerstone of my work here. In my district, let’s ensure that they are not priced out of the and whistleblowers within the government who we have created innovative naturalization process. expose wrongdoing and injustice in order to workshops that have become a national model Let’s work to ensure that they can continue hold the government accountable will keep the for legislators around the nation. I am proud to to build and better our great nation, as immi- facts to themselves because the reporters to say that these workshops have helped more grants have done for generations. Let’s work whom they speak cannot promise them con- than 40,000 Chicago-area immigrants to be- to ensure that hard working men and women fidentiality. The chilling effect is real, and the come U.S. citizens. can fully share in the rights that citizens enjoy American public will suffer. But there is much more to these workshops and can also help shoulder the enormous re- That is the real tragedy of this case. than numbers. There is something special, sponsibilities that come with this incredible op- something amazing, about seeing the pride, It’s time to repair the tear in the First portunity. the promise, and the confidence on a person’s Amendment. It’s time to pass a federal media f face after they have completed the citizenship shield law. Repersentative RICK BOUCHER and application process. Men and women who HONORING THE 220TH ANNIVER- I will be reintroducing the Free Flow of Infor- take the oath of citizenship are committed to SARY OF VIRGINIA’S STATUTE mation Act soon, and I urge this Congress to the responsibilities of being American citizens FOR RELIGIOUS FREEDOM act on it expeditiously. Let us free the First and are equally dedicated to making the most Amendment by passing this important legisla- of America’s opportunities. tion. HON. BILL SALI They have done everything right. They work OF IDAHO hard and play by the rules. Yet, this Adminis- f IN THE HOUSE OF REPRESENTATIVES tration continues to put citizenship out of reach Wednesday, March 7, 2007 HONORING THE MEMORY OF TED for many hard working individuals by pro- TESTERMAN posing unrealistic and punitive fees to com- Mr. SALI. Madam Speaker, this year is the plete the citizenship process. 220th anniversary of Virginia’s passage of its And the proposed fee hikes, which were an- historic Statute for Religious Freedom. This HON. DAVID DAVIS nounced a few weeks ago, are a glaring ex- measure, authored by Thomas Jefferson, was OF TENNESSEE ample of the government imposing a higher so important to the future President that he in- IN THE HOUSE OF REPRESENTATIVES price on its customers, while continuing to sisted that his authorship of this bill be memo- Wednesday, March 7, 2007 offer inadequate, inefficient and ineffective rialized for all time on his tombstone. service. As Bryan Fischer, executive director of the Mr. DAVID DAVIS of Tennessee. Madam That would never fly in the business world, Idaho Family Alliance, noted in a recent article Speaker, I rise today to honor the memory and it shouldn’t when it comes to providing in the Idaho Statesman, Jefferson’s ‘‘statute is and life of Ted Testerman, a resident of the government services. problematic for groups who like to cite Jeffer- First Congressional District of Tennessee, who Prospective citizens are not asking for a son in support of their effort to remove all passed away March 5, 2007. Theodore W. free ride—they never have. They are simply mention of God, and Christianity in particular, ‘‘Ted’’ Testerman lived a life of entrepreneur- asking for fairness, and for a broken bureauc- from the public square’’ (January 29, 2007). ship, service, and was known by all for his racy, with an unacceptable backlog, to stop As Mr. Fischer observes, ‘‘In the first line of fairness to all those around him, even his trying to fix its failures, and its inefficiencies, the statute (Jefferson) refers to ‘Almighty business competitors. on the backs of low-income working families. God,’’’ and also includes references to ‘‘the He was married to Emma Greene for 55 In recent years, USCIS has increasingly Holy Author of our religion’’ and the ‘‘Lord both years. They had two sons Hugh and William, burdened prospective citizens with indirect of body and mind.’’ Most historians agree that and five grandchildren. Ted was very dedi- costs not related to the application process. Mr. Jefferson is referring to Jesus Christ. cated to his family, a quality that is sought The legislation I am introducing today would The respected American University historian after in today’s world. help reverse that trend in a way that makes Daniel Dreisbach, an Oxford Ph.D. and careful He served the great State of Tennessee as sense for prospective citizens and for the student of Jefferson’s understanding of church a member of the Sullivan County Election agency. and state issues, echoes the same theme: Commission since 1974. He was also a past It would freeze fees at their current rates ‘‘Jefferson firmly believed that the First president of the Bristol Chamber of Com- until we can conduct proper oversight and Amendment, with its metaphoric ‘wall of sepa- merce, former member of the Bristol Jaycees, thoroughly review the proposed fee structure. ration,’ prohibited religious establishments by and the Kiwanis Club of Bristol. He was truly It would also ensure that indirect costs, the federal government only. Addressing the a pillar of Bristol. those not associated with the application proc- same topic of religious proclamations, Jeffer- Theodore W. ‘‘Ted’’ Testerman started ess, can be funded through the appropriations son elsewhere relied on the Tenth Amend- working in a men’s clothing store as a sales- process and not through increased filing fees. ment, arguing that because ‘no power to pre- man and by 1964 he owned the business, The legislation would also help ensure that the scribe any religious exercise’ has been dele- Blakely-Mitchell, which became the epicenter citizenship test is administered fairly—and gated to the ‘General [i.e., federal] Govern- for community discussion in Bristol. justly—and that people aren’t deterred from ment . . . it must then rest with the States, as Madam Speaker, I ask that the House join pursuing the process because of electronic fil- far as it can be in any human authority’.’’ me this evening in offering our sympathies to ing barriers. Put simply, Jefferson never envisioned that the family and friends of Theodore W. ‘‘Ted’’ In addition, the legislation would set up the the ‘‘wall of separation’’ would be used as a Testerman. He was a dedicated family man, a New Americans Initiative. This would establish pretext for government hostility to religion. To foundation to the Bristol community, and en- a grant program to fund the work of commu- the contrary, he first used this phrase in a let- trepreneur. His service is greatly appreciated, nity-based organizations to promote and in- ter to the Baptist congregations of Danbury, and he will be deeply missed. crease citizenship opportunities through appli- Connecticut. Here’s the phrase used in its

VerDate 0ct 09 2002 07:35 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MR8.014 SWEST PsN: E07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E483 original context: ‘‘I contemplate with sovereign tic Asphalt Racing Alliance and NASCAR in unfamiliar surroundings, or overburdened reverence that act of the whole American peo- Whelen All-American Series. Lake Erie Speed- foster families. Their work has shown that kin- ple which declared that their legislature should way can accommodate up to 7,000 race fans ship and non-nuclear biological families can ‘make no law respecting an establishment of and has a substantial impact on the Erie provide permanent stable homes, an alter- religion, or prohibiting the free exercise there- County economy. native to foster care and delinquency systems, of,’ thus building a wall of separation between Pennsylvania is home to 60 motorsports fa- while 100 percent of children in the program Church & State.’’ cilities, including Pocono Raceway, which remain in school. In other words, the ‘‘wall’’ was designed not hosts two NASCAR Nextel Cup races each I wish continued success of the KARE Fam- to prevent people of faith from expressing their summer. These facilities are an important part ily Center. It is my honor to celebrate with views in the public square, or to discourage of the fabric of our State’s economy. Indeed, them a history of community involvement and them from applying their faith to public life, but a recently-released report, authorized by the service. rather to prevent the Federal Government Pennsylvania General Assembly, found that from suppressing Judeo-Christian beliefs or motorsports facilities have a combined impact f of over $390 million on the State’s economy. their adherents. TRIBUTE TO BARBARA MCNAIR What of President Jefferson’s own practice Because of the importance of motorsports to as a public figure? Consider the words of my district and State, I am cosponsoring the James Hutson, Chief Manuscript Historian at Motorsports Fairness and Permanency Act. HON. DIANE E. WATSON the Library of Congress, in a recent article on This legislation will make permanent the well- OF CALIFORNIA the ‘‘wall of separation:’’ understood and widely-accepted depreciation IN THE HOUSE OF REPRESENTATIVES Jefferson’s public support for religion classification of motorsports facilities. The leg- Wednesday, March 7, 2007 appears... to have been more than a cyn- islation will provide fair treatment and needed ical political gesture. Scholars have recently certainty to the dozens of facilities in Pennsyl- Ms. WATSON. Madam Speaker, I rise today argued that in the 1790s Jefferson developed vania and the hundreds located throughout the to honor a distinguished African American ac- a more favorable view of Christianity that country. tress and singer, Barbara McNair, who passed led him to endorse the position of his fellow I urge my colleagues to join me in sup- away in January after a long battle with can- Founders that religion was necessary for the cer. She was a trailblazer, who had a suc- welfare of a republican government, that it porting the Motorsports Fairness and Perma- nency Act. cessful recording and acting career in an era was, as Washington proclaimed in his Fare- when few African Americans, particularly Afri- well Address, indispensable for the happiness f and prosperity of the people. Jefferson had, can American women, could sustain them- in fact, said as much in his First Inaugural CONGRATULATIONS TO KARE selves in Hollywood. Barbara was also my Address. His attendance at church services FAMILY CENTER dear friend. in the House (of Representatives) was, then, Barbara McNair was one of the world’s most his way of offering symbolic support for reli- HON. RAU´ L M. GRIJALVA stunningly dynamic, talented, and beautiful gious faith and for its beneficent role in re- OF ARIZONA singers, who achieved international fame not publican government. only as a singer, but also as a movie, tele- IN THE HOUSE OF REPRESENTATIVES In summary, it was because of his firm con- vision, and Broadway star. viction that the state should never impede the Wednesday, March 7, 2007 At a young age, Barbara moved to New liberties of religious citizens or organizations in Mr. GRIJALVA. Madam Speaker, I rise York where she supported herself with a sec- the public square that Mr. Jefferson penned today to extend my congratulations to a great retarial job while auditioning off-hours at a va- the Statue for Religious Freedom, not because resource in southern Arizona. riety of New York nightclubs. Persistence of a secular desire to stamp out religion under For 5 years, the Kinship and Adoption Re- eventually paid off when Max Gordon, propri- the foot of government power. His Statute was source and Education Family Center, KARE, etor of one of the most famous jazz clubs in not borne out of an enmity to religion, but a has been providing support and resources for New York, The Village Vanguard, offered her desire to protect it. And for that, on its 220th grandparents and other relatives raising chil- a job. Soon after, her big break came when anniversary, the Virginia Statue for Religious dren whose biological parents are unable to she was tagged for a stint on The Arthur God- Freedom and its author Thomas Jefferson do so. Considering that Arizona is one of the frey Show. Not much later, she appeared in should be honored by this body. fastest growing States in the country where shows at world famous nightclubs such as the f children are having to be raised outside of Purple Onion and the Coconut Grove. their own birth-families, the center’s work has Barbara quickly became one of the coun- MOTORSPORTS FAIRNESS AND become invaluable to the community members try’s most popular headliners and a guest on PERMANENCY ACT of my district. Through KARE, many families The Steve Allen Show, Hullabaloo, The Bell are able to keep more children out of foster Telephone Hours, and The Hollywood Palace. HON. PHIL ENGLISH homes. It is my pleasure to thank them on this She also made guest appearances on popular OF PENNSYLVANIA landmark date. television shows of the day, including Dr. Kil- IN THE HOUSE OF REPRESENTATIVES Over the existence of the KARE Family dare, I Spy, Mission: Impossible, Hogan’s He- Center, several thousand grandparents, rel- roes, and McMillan and Wife. She hosted tele- Wednesday, March 7, 2007 atives and adoptive parents have received vision’s The Barbara McNair Show, a musical Mr. ENGLISH of Pennsylvania. Madam many crucially important services. The center and comedy show in the late 1960s and early Speaker, I rise today in support of the Motor- provides such benefits as case management 1970s. sports Fairness and Permanency Act. This bill services and mental/behavioral health serv- Her movie credits include If He Hollers Let would make permanent the tax treatment of ices, completely free of charge. Without such Him Go, playing opposite Raymond St. speedways and racing facilities around the services, many of the children in question Jacques; They Call Me Mr. Tibbs, with Sydney country. would not be found under the care of their Poitier; and Change of Habit, with Mary Tyler This legislation will provide needed certainty own family, which simply can not be equaled Moore and Elvis Presley in his last scripted to track and speedway operators regarding the by state care. Grandparents, relatives, and movie role. depreciation of their properties. For decades, adoptive parents, who are often suffering from Her Broadway credits include The Body motorsports facilities were considered as declining health and financial burdens, are Beautiful, No Strings, and a revival of The Pa- ‘‘theme and amusement facilities’’ for depre- able to overcome these extraordinary cir- jama Game. ciation purposes. Congress codified this treat- cumstances through the help of the KARE Barbara McNair not only acted, but also had ment as part of the Jumpstart our Business center. a successful recording career. Her recordings Strength Act of 2004. The Motorsports Fair- As the need for specialization in the area of include Livin’ End, I Enjoy Being a Girl, and ness and Permanency Act would simply make adoption and kinship support services grows The Ultimate Motown Collection. this treatment permanent, helping facility own- across the country, the KARE center has Barbara McNair had her share of tragedies ers make long-lead time decisions on major helped to develop and promote access to and setbacks during her life of 72 years. But capital investments. similar programs. In its 5 years, KARE has through it all, she continued to move forward. My congressional district is home to Lake provided assistance to several thousand fami- Her singular accomplishments as an actress Erie Speedway, a 3⁄8-mile track that hosts a lies, and with more programs like it in develop- and singer are to be admired and remem- full schedule of races, including the Mid-Atlan- ment, far fewer children are left to be raised bered.

VerDate 0ct 09 2002 07:35 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MR8.020 SWEST PsN: E07MRPT1 E484 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2007 Intelligence 10 a.m. To hold closed hearings to examine cer- f Homeland Security and Governmental Af- tain intelligence matters. fairs SENATE COMMITTEE MEETINGS SH–219 To hold hearings to examine the nomina- Title IV of Senate Resolution 4, tion of Gregory B. Cade, of Virginia, to agreed to by the Senate on February 4, MARCH 14 be Administrator of the United States 1977, calls for establishment of a sys- 9:30 a.m. Fire Administration, Department of tem for a computerized schedule of all Homeland Security and Governmental Af- Homeland Security. fairs meetings and hearings of Senate com- SD–342 To hold hearings to examine the threat Commerce, Science, and Transportation mittees, subcommittees, joint commit- of Islamic Radicalism to the homeland. tees, and committees of conference. Oceans, Atmosphere, Fisheries, and Coast SD–342 Guard Subcommittee This title requires all such committees Veterans’ Affairs To hold an oversight hearing to examine To hold an oversight hearing to examine to notify the Office of the Senate Daily the President’s proposed budget re- Department of Veterans Affairs and Digest—designated by the Rules Com- quest for fiscal year 2008 for the U.S. mittee—of the time, place, and purpose Department of Defense cooperation and collaboration, focusing on education Coast Guard. of the meetings, when scheduled, and SR–253 any cancellations or changes in the and training. SR–418 2:30 p.m. meetings as they occur. 10 a.m. Intelligence As an additional procedure along Finance To hold closed hearings to examine cer- with the computerization of this infor- To hold hearings to examine charting a tain intelligence matters. mation, the Office of the Senate Daily course for health care moving toward SH–219 Digest will prepare this information for universal coverage. printing in the Extensions of Remarks SD–215 MARCH 20 section of the CONGRESSIONAL RECORD Health, Education, Labor, and Pensions 10 a.m. on Monday and Wednesday of each Business meeting to consider S. 624, to Judiciary week. amend the Public Health Service Act To hold hearings to examine combating Meetings scheduled for Thursday, to provide waivers relating to grants war profiteering, focusing on inves- for preventive health measures with re- tigating and prosecuting contracting March 8, 2007 may be found in the Daily spect to breast and cervical cancers, fraud and abuse in Iraq. Digest of today’s RECORD. Keeping Seniors Safe From Act of 2007, SD–226 MEETINGS SCHEDULED S. 657, to amend the Public Health Service Act to add requirements re- 2:30 p.m. garding trauma care, and any pending Commerce, Science, and Transportation MARCH 9 nominations. Science, Technology, and Innovation Sub- 9 a.m. SD–430 committee Appropriations Judiciary To hold hearings to examine energy in- Financial Services and General Govern- To hold hearings to examine reinvigo- novation. ment Subcommittee rating the Freedom of Information Act SR–253 To hold hearings to examine proposed relating to open government. budget estimates for fiscal year 2008 for SD–226 MARCH 27 the Commodity Futures Trading Com- 10:15 a.m. 9:30 a.m. mission and the Small Business Admin- Health, Education, Labor, and Pensions Judiciary istration. To hold hearings to examine enhancing To hold oversight hearings to examine SD–138 patient access and drug safety relating the Federal Bureau of Investigation. to Prescription Drug User Fees. SH–216 MARCH 13 SD–430 Veterans’ Affairs 9:30 a.m. 10:30 a.m. To hold an oversight hearing to examine Health, Education, Labor, and Pensions Appropriations To hold joint hearings with House Com- Defense Subcommittee Department of Veterans Affairs and mittee on Education and Labor to ex- To hold hearings to examine proposed Department of Defense cooperation and amine improving No Child Left Behind budget estimates for fiscal year 2008 for collaboration, focusing on health care to close the acheviment gap, relating the Army. issues. to the Elementary and Secondary Edu- SD–192 SR–418 cation Act reauthorzation. 2:30 p.m. 2175 RHOB Commerce, Science, and Transportation MARCH 28 10 a.m. Science, Technology, and Innovation Sub- 2:30 p.m. Judiciary committee Commerce, Science, and Transportation To hold hearings to examine judicial To hold hearings to examine technology Space, Aeronautics, and Related Agencies nominations. solutions for climate change. Subcommittee SD–226 SR–253 To hold hearings to examine 2:30 p.m. transitioning to a next generation MARCH 15 Homeland Security and Governmental Af- Human Space Flight System. fairs 9:30 a.m. SR–253 Oversight of Government Management, the Foreign Relations Federal Workforce, and the District of To hold hearings to examine the nomina- MARCH 29 Columbia Subcommittee tions of Zalmay Khalilzad to be a Rep- To hold hearings to examine United resentative to the United Nations, with 9:30 a.m. States international efforts to secure the rank and status of Ambassador, Veterans’ Affairs radiological materials, focusing on De- and the Representative in the Security To hold joint hearings with the House partment of Energy and Nuclear Regu- Council of the United Nations, and to Committee on Veterans’ Affairs to ex- latory Commission efforts to secure ra- be a Representative to the Sessions of amine the legislative presentation of diological materials through the Inter- the General Assembly of the United AMVETS, Ex-POWs, Military Order of national Atomic Energy Agency and Nations during his tenure of service as the Purple Heart, and Fleet Reserve the other multilateral organizations. Representative to the United Nations. Association. SD–342 SD–419 SD–106

VerDate 0ct 09 2002 07:35 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\M07MR8.000 SWEST PsN: E07MRPT1 Wednesday, March 7, 2007 Daily Digest Senate gagement mechanisms for passenger and property Chamber Action screeners. Page S2744 Routine Proceedings, pages S2743–S2852 Pending: Measures Introduced: Twenty bills and two resolu- Reid Amendment No. 275, in the nature of a tions were introduced, as follows: S. 787–806, and substitute. Page S2744 Sununu Amendment No. 291 (to Amendment S. Res. 99–100. Pages S2795–96 No. 275), to ensure that the emergency communica- Measures Passed: tions and interoperability communications grant pro- National Safe Place Week: Senate agreed to S. gram does not exclude Internet Protocol-based inter- Res. 100, designating the week beginning March operable solutions. Page S2744 12, 2007, as ‘‘National Safe Place Week’’. Salazar/Lieberman Modified Amendment No. 290 Pages S2849–50 (to Amendment No. 275), to require a quadrennial homeland security review. Page S2744 Improving America’s Security by Implementing Dorgan/Conrad Amendment No. 313 (to Amend- Unfinished Recommendations of the 9/11 Commis- ment No. 275), to require a report to Congress on sion Act: Senate continued consideration of S. 4, to the hunt for Osama Bin Laden, Ayman al-Zawahiri, make the United States more secure by imple- and the leadership of al Qaeda. Page S2744 menting unfinished recommendations of the 9/11 Landrieu Amendment No. 321 (to Amendment Commission to fight the war on terror more effec- No. 275), to require the Secretary of Homeland Se- tively, to improve homeland security, withdrawing curity to include levees in the list of critical infra- the committee amendment in the nature of a sub- structure sectors. Page S2744 stitute, taking action on the following amendments Landrieu Amendment No. 296 (to Amendment proposed thereto: Pages S2744–88 No. 275), to permit the cancellation of certain loans Adopted: under the Robert T. Stafford Disaster Relief and By 51 yeas to 48 nays (Vote No. 64), McCaskill Emergency Assistance Act. Page S2744 Modified Amendment No. 316 (to Amendment No. Landrieu Modified Amendment No. 295 (to 275), to provide appeal rights and employee engage- Amendment No. 275), to provide adequate funding ment mechanisms for passenger and property screen- for local governments harmed by Hurricane Katrina ers. Pages S2744–45, S2746–49, S2757–59 of 2005 or Hurricane Rita of 2005. Rejected: Pages S2744, S2783–84, S2785 By 47 yeas to 52 nays (Vote No. 65), Collins Allard Amendment No. 272 (to Amendment No. Amendment No. 342 (to Amendment No. 275), to 275), to prevent the fraudulent use of social security account numbers by allowing the sharing of social provide certain employment rights and an employee security data among agencies of the United States for engagement mechanism for passenger and property identity theft prevention and immigration enforce- screeners. Pages S2745, S2757–60 ment purposes. Pages S2744, S2763–64 Coburn Amendment No. 345 (to Amendment McConnell (for Sessions) Amendment No. 305 (to No. 275), to authorize funding for the Emergency Amendment No. 275), to clarify the voluntary in- Communications and Interoperability Grants pro- herent authority of States to assist in the enforce- gram, to require the Secretary to examine the possi- ment of the immigration laws of the United States bility of allowing commercial entities to develop and to require the Secretary of Homeland Security to public safety communications networks. (By 71 yeas provide information related to aliens found to have to 25 nays (Vote No. 66), Senate tabled the amend- violated certain immigration laws to the National ment). Pages S2744, S2779–83, S2786 Crime Information Center. Page S2744 Withdrawn: McConnell (for Cornyn) Amendment No. 310 (to Lieberman Amendment No. 315 (to Amendment Amendment No. 275), to strengthen the Federal No. 275), to provide appeal rights and employee en- Government’s ability to detain dangerous criminal D275

VerDate 0ct 09 2002 08:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MR7.REC SWEST PsN: D07MRPT1 D276 CONGRESSIONAL RECORD — DAILY DIGEST March 7, 2007 aliens, including murderers, rapists, and child mo- and leases involving the State of Maryland to be lesters, until they can be removed from the United governed by the laws of the District of Columbia. States. Page S2744 Page S2744 McConnell (for Cornyn) Amendment No. 311 (to Schumer/Clinton Amendment No. 336 (to Amendment No. 275), to provide for immigration Amendment No. 275), to prohibit the use of the injunction reform. Page S2744 peer review process in determining the allocation of McConnell (for Cornyn) Modified Amendment funds among metropolitan areas applying for grants No. 312 (to Amendment No. 275), to prohibit the under the Urban Area Security Initiative. Page S2744 recruitment of persons to participate in terrorism, to Schumer/Clinton Amendment No. 337 (to clarify that the revocation of an alien’s visa or other Amendment No. 275), to provide for the use of documentation is not subject to judicial review, to funds in any grant under the Homeland Security strengthen the Federal Government’s ability to de- Grant Program for personnel costs. Page S2744 tain dangerous criminal aliens, including murderers, Coburn Amendment No. 325 (to Amendment rapists, and child molesters, until they can be re- No. 275), to ensure the fiscal integrity of grants moved from the United States, to prohibit the re- awarded by the Department of Homeland Security. warding of suicide bombings and allow adequate Page S2744 punishments for terrorist murders, kidnappings, and Sessions Amendment No. 347 (to Amendment sexual assaults. Pages S2744, S2774–79 No. 275), to express the sense of the Congress re- McConnell (for Kyl) Modified Amendment No. garding the funding of Senate approved construction 317 (to Amendment No. 275), to prohibit the re- of fencing and vehicle barriers along the southwest warding of suicide bombings and allow adequate border of the United States. Page S2744 punishments for terrorist murders, kidnappings, and Coburn Amendment No. 301 (to Amendment sexual assaults. Page S2744 No. 275), to prohibit grant recipients under grant McConnell (for Kyl) Amendment No. 318 (to programs administered by the Department from ex- Amendment No. 275), to protect classified informa- pending funds until the Secretary has reported to tion. Page S2744 Congress that risk assessments of all programs and McConnell (for Kyl) Amendment No. 319 (to activities have been performed and completed, im- Amendment No. 275), to provide for relief from proper payments have been estimated, and corrective (a)(3)(B) immigration bars from the Hmong and action plans have been developed and reported as re- other groups who do not pose a threat to the United quired under the Improper Payments Act of 2002 States, to designate the Taliban as a terrorist organi- (31 U.S.C. 3321 note). Page S2744 zation for immigration purposes. Page S2744 Coburn Amendment No. 294 (to Amendment McConnell (for Kyl) Amendment No. 320 (to No. 275), to provide that the provisions of the Act Amendment No. 275), to improve the Classified In- shall cease to have any force or effect on and after formation Procedures Act. Page S2744 December 31, 2012, to ensure congressional review McConnell (for Grassley) Amendment No. 300 (to and oversight of the Act. Page S2744 Amendment No. 275), to clarify the revocation of an Lieberman (for Menendez) Amendment No. 354 alien’s visa or other documentation is not subject to (to Amendment No. 275), to improve the security judicial review. Page S2744 of cargo containers destined for the United States. McConnell (for Grassley) Amendment No. 309 (to Page S2744 Amendment No. 275), to improve the prohibitions Specter Amendment No. 286 (to Amendment No. on money laundering. Page S2744 275), to restore habeas corpus for those detained by Thune Amendment No. 308 (to Amendment No. the United States. Pages S2744, S2749–54, S2766–74 275), to expand and improve the Proliferation Secu- Kyl Modified Amendment No. 357 (to Amend- rity Initiative while protecting the national security ment No. 275), to amend the data-mining tech- interests of the United States. Page S2744 nology reporting requirement to avoid revealing ex- Cardin Amendment No. 326 (to Amendment No. isting patents, trade secrets, and confidential busi- 275), to provide for a study of modification of area ness processes, and to adopt a narrower definition of of jurisdiction of Office of National Capital Region data-mining in order to exclude routine computer Coordination. Page S2744 searches. Page S2744 Cardin Amendment No. 327 (to Amendment No. Ensign Amendment No. 363 (to Amendment No. 275), to reform mutual aid agreements for the Na- 275), to establish a Law Enforcement Assistance tional Capital Region. Page S2744 Force in the Department of Homeland Security to Cardin Modified Amendment No. 328 (to facilitate the contributions of retired law enforce- Amendment No. 275), to require Amtrak contracts ment officers during major disasters. Page S2744

VerDate 0ct 09 2002 08:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MR7.REC SWEST PsN: D07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D277 Biden Amendment No. 383 (to Amendment No. vote to 58 yeas to 41 nays relative to motion to 275), to require the Secretary of Homeland Security table Obama Amendment No. 338 (tabled on March to develop regulations regarding the transportation 6, 2007). Page S2779 of high hazard materials. Pages S2754–55 A motion was entered to close further debate on Biden Amendment No. 384 (to Amendment No. Reid Amendment No. 275 (listed above), and, in ac- 275), to establish a Homeland Security and Neigh- cordance with the provisions of Rule XXII of the borhood Safety Trust Fund and refocus Federal prior- Standing Rules of the Senate, a vote on cloture will ities toward securing the Homeland. Pages S2755–57 occur on Friday, March 9, 2007. Page S2777 Bunning Amendment No. 334 (to Amendment A motion was entered to close further debate on No. 275), to amend title 49, United States Code, to the bill, and, in accordance with the provisions of modify the authorities relating to Federal flight deck Rule XXII of the Standing Rules of the Senate, a officers. Pages S2761–62 vote on cloture will occur on Friday, March 9, 2007. Schumer Modified Amendment No. 367 (to Page S2777 Amendment No. 275), to require the Administrator A unanimous-consent agreement was reached pro- of the Transportation Security Administration to es- viding for further consideration of the bill at ap- tablish and implement a program to provide addi- proximately 10:30 a.m., on Thursday, March 8, tional safety measures for vehicles that carry high 2007. Page S2850 hazardous materials. Page S2762 Schumer Amendment No. 366 (to Amendment Nominations Confirmed: Senate confirmed the fol- No. 275), to restrict the authority of the Nuclear lowing nominations: Regulatory Commission to issue a license author- Stanley Davis Phillips, of North Carolina, to be izing the export to a recipient country of highly en- Ambassador to the Republic of Estonia. riched uranium for medical isotope production. William B. Wood, of New York, to be Ambas- Pages S2762–63 sador to the Islamic Republic of Afghanistan. Wyden Amendment No. 348 (to Amendment No. Pages S2849, S2852 275), to require that a redacted version of the Execu- Nominations Received: Senate received the fol- tive Summary of the Office of Inspector General Re- lowing nominations: port on Central Intelligence Agency Accountability Joseph Timothy Kelliher, of the District of Co- Regarding Findings and Conclusions of the Joint In- lumbia, to be a Member of the Federal Energy Reg- quiry into Intelligence Community Activities Before ulatory Commission for the term expiring June 30, and After the Terrorist Attacks of September 11, 2012. 2001 is made available to the public. Pages S2764–66 Kerri Layne Briggs, of Virginia, to be Assistant Bond/Rockefeller Amendment No. 389 (to Secretary for Elementary and Secondary Education, Amendment No. 275), to provide the sense of the Department of Education. Senate that the Committee on Homeland Security Douglas G. Myers, of California, to be a Member and Governmental Affairs and the Select Committee of the National Museum and Library Services Board on Intelligence of the Senate should submit a report for a term expiring December 6, 2011. on the recommendations of the 9/11 Commission Jeffrey Patchen, of Indiana, to be a Member of the with respect to intelligence reform and congressional National Museum and Library Services Board for a intelligence oversight reform. Pages S2765–66 Stevens Amendment No. 299 (to Amendment No. term expiring December 6, 2011. 275), to authorize NTIA to borrow against antici- Lotsee Patterson, of Oklahoma, to be a Member of pated receipts of the Digital Television Transition the National Museum and Library Services Board for and Public Safety Fund to initiate migration to a na- a term expiring December 6, 2011. tional IP-enabled emergency network capable of re- A routine list in the Foreign Service. ceiving and responding to all citizen activated emer- Pages S2851–52 gency communications. Pages S2784–85 Messages from the House: Page S2794 A motion was entered to close further debate on Messages Referred: Page S2794 McConnell (for Cornyn) Modified Amendment No. 312 (to Amendment No. 275) (listed above), and, in Executive Communications: Pages S2794–95 accordance with the provisions of Rule XXII of the Additional Cosponsors: Pages S2796–97 Standing Rules of the Senate, a vote on cloture will Statements on Introduced Bills/Resolutions: occur on Friday, March 9, 2007. Page S2777 Pages S2797–S2824 A unanimous-consent request was granted permit- ting Senator Coburn to change his yea vote to a nay Additional Statements: Pages S2793–94 vote on Vote No. 62 changing the outcome of the Amendments Submitted: Pages S2824–48

VerDate 0ct 09 2002 08:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MR7.REC SWEST PsN: D07MRPT1 D278 CONGRESSIONAL RECORD — DAILY DIGEST March 7, 2007 Authorities for Committees to Meet: Waste Management, both of the Department of En- Pages S2848–49 ergy. Record Votes: Three record votes were taken today. (Total—66) Pages S2759, S2760, S2786 PHARMACEUTICAL IMPORTATION Adjournment: Senate convened at 9:30 a.m., and Committee on Commerce, Science, and Transportation: Sub- adjourned at 7:43 p.m., until 9:30 a.m. on Thurs- committee on Trade, Tourism, and Economic Devel- day, March 8, 2007. (For Senate’s program, see the opment concluded a hearing to examine policy im- remarks of the Majority Leader in today’s Record on plications of pharmaceutical importation for U.S. pages S2850–51.) consumers, including S. 242, to amend the Federal Food, Drug, and Cosmetic Act with respect to the Committee Meetings importation of prescription drugs, after receiving tes- timony from Randall W. Lutter, Acting Deputy (Committees not listed did not meet) Commissioner for Policy, Food and Drug Adminis- tration, Department of Health and Human Services; AGRICULTURAL RESEARCH former Representative Billy Tauzin, Pharmaceutical Committee on Agriculture, Nutrition, and Forestry: Com- Research and Manufacturers of America, William B. mittee concluded a hearing to examine investing in Schultz, Zuckerman Spaeder LLP, and Nelda our nation’s future through agricultural research, fo- Barnett, AARP, all of Washington, D.C.; Stephen cusing the Agricultural Bioenergy and Biobased W. Schondelmeyer, University of Minnesota College Products Research Initiative, specialty crops, and of Pharmacy, Minneapolis; and John A. Vernon, Foreign Animal Disease Research, after receiving tes- University of Connecticut Department of Finance timony from Gale Buchanan, Under Secretary of Ag- School of Business, Storrs. riculture for Research, Education, and Economics; Alan I. Leshner, American Association for the Ad- EARTH SCIENCE RESEARCH vancement of Science, Washington, D.C.; Jeffrey D. Armstrong, Michigan State University, East Lansing; Committee on Commerce, Science, and Transportation: Sub- William H. Danforth, Washington University in St. committee on Science and Space concluded a hearing Louis, St. Louis, Missouri; and Francis Thicke, Radi- to examine national imperatives for Earth Science re- ance Dairy Farm, Fairfield, Iowa. search, after receiving testimony from Michael H. Freilich, Director, Earth Science Division, Science MEDICAL READINESS Mission Directorate, National Aeronautics and Space Committee on Appropriations: Subcommittee on Defense Administration; Berrien Moore, III, University of concluded a hearing to examine Department of De- New Hampshire Institute for the Study of Earth, fense medical programs, focusing on combat casualty Oceans, and Space, Durham, and Otis B. Brown, care, and recruitment and retention efforts of medical University of Miami Rosenstiel School of Marine and department personnel, after receiving testimony from Atmospheric Science, Key Biscayne, Florida, both on Lieutenant General James G. Roudebush, Surgeon behalf of the National Academies; Nancy Colleton, General, and Major General Melissa A. Rank, Assist- Institute for Global Environmental Strategies, Ar- ant Surgeon General for Nursing Services, both of lington, Virginia, on behalf of the Alliance for Earth the United States Air Force; Vice Admiral Donald Observations. C. Arthur, Surgeon General, and Rear Admiral Christine M. Bruzek-Kohler, Director of Nurse ADVANCED ENERGY TECHNOLOGIES Corps, both of the United States Navy; and Lieuten- ant General Kevin C. Kiley, Surgeon General, and Committee on Energy and Natural Resources: Committee Major General Gale Pollock, Chief of the Nurse concluded an oversight hearing to examine market Corps, both of the United States Army. constraints on large investments in advanced energy technologies and investigate ways to stimulate addi- APPROPRIATIONS: DEPARTMENT OF tional private-sector investment in the deployment of ENERGY these technologies, after receiving testimony from Committee on Appropriations: Subcommittee on Energy Dan W. Reicher, Google.org, Mountain View, Cali- and Water concluded a hearing to examine the fornia; Elon Musk, Tesla Motors, El Segundo, Cali- President’s proposed budget request for fiscal year fornia; Jerome P. Peters, Jr., TD Banknorth, N.A., 2008 for the Department of Energy, after receiving Westport, Connecticut; John Denniston, Kleiner testimony from James A. Rispoli, Assistant Secretary Perkins Caufield and Byers, Menlo Park, California; for Environmental Management, and Edward F. and Michael Liebreich, New Energy Finance, Lon- Sproat, III, Director, Office of Civilian Radioactive don, United Kingdom.

VerDate 0ct 09 2002 08:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MR7.REC SWEST PsN: D07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D279 ENVIRONMENTAL PROTECTION AGENCY competition in the insurance industry, after receiving BUDGET testimony from Senators Lott and Landrieu; Susan E. Committee on Environment and Public Works: Com- Voss, Iowa Department of Commerce, Des Moines, mittee concluded a hearing to examine the Presi- on behalf of the National Association of Insurance dent’s proposed budget request for fiscal year 2008 Commissioners; J. Robert Hunter, Consumer Federa- for the Environmental Protection Agency, after re- tion of America, and Marc Racicot, American Insur- ceiving testimony from Stephen L. Johnson, Admin- ance Association, both of Washington, D.C.; and istrator, Environmental Protection Agency. Michael M. Homan, New Orleans, Louisiana. CREDIT CARD PRACTICES ANTITRUST LAWS Committee on Homeland Security and Governmental Af- Committee on the Judiciary: Subcommittee on Anti- fairs: Permanent Subcommittee on Investigations trust, Competition Policy and Consumer Rights con- concluded a hearing to examine fees, interests rates cluded an oversight hearing to examine the enforce- and grace periods relating to credit card practices, ment of antitrust laws, including S. 316, to prohibit focusing on high fees charged for late payments, brand name drug companies from compensating ge- over-the-limit charges, including how those fees are neric drug companies to delay the entry of a generic assessed, how they add to interest costs, and how drug into the market, and S. 772, to amend the Fed- they contribute to consumer debt, and an industry eral antitrust laws to provide expanded coverage and practice requiring consumer payments to be applied to eliminate exemptions from such laws that are con- first to balances with the lowest interest rates instead trary to the public interest with respect to railroads, of to balances with the highest interest rates, after after receiving testimony from Thomas O. Barnett, receiving testimony from Alys Cohen, National Con- Assistant Attorney General, Antitrust Division, De- sumer Law Center, Washington, D.C., on behalf of partment of Justice; and Deborah Platt Majoras, National Association of Consumer Advocates; Bruce Chairman, Federal Trade Commission. L. Hammonds, Bank of America, and Richard J. VA CLAIMS ADJUDICATION PROCESS Srednicki, Chase Card Services, both of Wilmington, Delaware; Vikram A. Atal, Citigroup Inc., New Committee on Veterans’ Affairs: Committee concluded York, New York; and Wesley Wannemacher, Lima, an oversight hearing to examine the Veterans’ Ad- Ohio. ministration disability benefits adjudication process, focusing on the timeliness and accuracy of decisions AMERICAN COMPETITIVENESS on claims and appeals, and efforts to reduce back- Committee on Health, Education, Labor, and Pensions: logs, and concerns about decisional consistency, after Committee concluded a hearing to examine strength- receiving testimony from Daniel L. Cooper, Under ening American competitiveness for the 21st Cen- Secretary for Benefits, and James P. Terry, Chair- tury, after receiving testimony from William H. man, Board of Veterans’ Appeals, both of the De- Gates, Microsoft Corporation, Seattle, Washington. partment of Veterans Affairs; Daniel Bertoni, Acting Director, Education, Workforce and Income Security, MC CARRAN-FERGUSON ACT Government Accountability Office; John Rowan, Committee on the Judiciary: Committee concluded a Vietnam Veterans of America, Silver Spring, Mary- hearing to examine the McCarran-Ferguson Act and land; and Rick Surratt, Disabled American Veterans, Antitrust Immunity, including S. 618, to further Cold Spring, Kentucky. h House of Representatives H. Res. 219, providing for consideration of H. Chamber Action Res. 202, providing for the expenses of certain com- Public Bills and Resolutions Introduced: 32 pub- mittees of the House of Representatives in the One lic bills, H.R. 1365–1396; and 10 resolutions, H. Hundred Tenth Congress (H. Rept. 110–34). Con. Res. 84; and H. Res. 218, 220–227 were intro- Page H2300 duced. Pages H2300–02 Speaker: Read a letter from the Speaker wherein she Additional Cosponsors: Pages H2302–03 appointed Representative McCollum to act as Speak- Report Filed: A report was filed today as follows: er Pro Tempore for today. Page H2245

VerDate 0ct 09 2002 08:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MR7.REC SWEST PsN: D07MRPT1 D280 CONGRESSIONAL RECORD — DAILY DIGEST March 7, 2007 Chaplain: The prayer was offered by the guest to add a new subsection relating to participation in Chaplain, Rev. Martin L. Wilson, El Paso Sector the employment eligibility verification pilot pro- Chaplain, U.S. Border Patrol. Page H2245 gram. Pages H2261–62 Recess: The House recessed at 10:05 a.m. for the H. Res. 214, the rule providing for consideration purpose of receiving His Majesty King Abdullah II of the bill, was agreed to by voice vote. Page H2252 bin Al Hussein, King of the Hashemite Kingdom of Recess: The House recessed at 2:09 p.m. and recon- Jordan. The House reconvened at 12:18 p.m., and vened at 4:07 p.m. Page H2262 agreed that the proceedings had during the Joint Suspension—Proceedings Resumed: The House Meeting be printed in the Record. Page H2245 agreed to suspend the rules and pass the following Joint Meeting to receive His Majesty King measure which was debated on Tuesday, March 6th: Abdullah II bin Al Hussein, King of the Living Kidney Organ Donation Clarification Hashemite Kingdom of Jordan: The House and Act: H.R. 710, amended, to amend the National Senate met in a joint session to receive His Majesty Organ Transplant Act to clarify that kidney paired King Abdullah II bin Al Hussein, King of the donation does not involve the transfer of a human Hashemite Kingdom of Jordan. He was escorted into organ for valuable consideration, by a 2⁄3 yea-and-nay the Chamber by a committee comprised of Rep- vote of 422 yeas with none voting ‘‘nay’’, Roll No. resentatives Hoyer, Clyburn, Lantos, Rahall, Acker- 126. Pages H2265–66 man, Lowey, Boehner, Blunt, Putnam, Ros-Lehtinen, Agreed to amend the title so as to read: ‘‘To Issa, and Pence; and Senators Reid, Durbin, Leahy, amend the National Organ Transplant Act to pro- Kerry, McConnell, Lott, Kyl, and Cornyn. vide that criminal penalties do not apply to paired Page H2246 donations of human kidneys, and for other pur- Water Quality Investment Act of 2007: The poses.’’. Pages H2265–66 House passed H.R. 569, to amend the Federal Water Amendments: Amendments ordered printed pursu- Pollution Control Act to authorize appropriations for ant to the rule appear on page H2303. sewer overflow control grants, by a yea-and-nay vote of 367 yeas to 58 nays, Roll No. 125. Pages H2250–65 Quorum Calls—Votes: Two yea-and-nay votes and Agreed to the McHenry motion to recommit the two recorded votes developed during the proceedings bill to the Committee on Transportation and Infra- of today and appear on pages H2262, H2264–65 structure with instructions to report the same back and H2265. There were no quorum calls. to the House forthwith with an amendment, by a re- Adjournment: The House met at 10 a.m. and ad- corded vote of 425 ayes with none voting ‘‘no’’, Roll journed at 10:09 p.m. No. 124. Subsequently, Representative Oberstar re- ported the bill back to the House with the amend- Committee Meetings ment and the amendment was agreed to. Pages H2263–65 FINANCING RENEWABLE ENERGY Pursuant to the rule, the amendment in the na- RESOURCES ture of a substitute recommended by the Committee Committee on Agriculture: Subcommittee on Conserva- on Transportation and Infrastructure now printed in tion, Credit, Energy, and Research held a hearing to the bill shall be considered as an original bill for the review the financial structure of renewable energy re- purpose of amendment and shall be considered as sources. Testimony was heard from Thomas C. Dorr, read. Page H2258 Under Secretary, Rural Development, USDA; Andy Agreed to: Karsner, Assistant Secretary, Department of Energy; King (IA) amendment (No. 3 printed in the Con- Kathleen McGinty, Secretary, Department of Envi- gressional Record of March 6, 2007) that reduces ronmental Protection, State of Pennsylvania; and funds in the sewer overflow control grants section by public witnesses. 5 percent. Pages H2258–59 Rejected: COMMERCE, JUSTICE, SCIENCE, AND Price (GA) amendment (No. 1 printed in the RELATED AGENCIES APPROPRIATIONS Congressional Record of March 6, 2007) that sought Committee on Appropriations: Subcommittee on Com- to add a new section to the bill relating to the re- merce, Justice, Science and Related Agencies held a quirement of offsets (by a recorded vote of 166 ayes hearing on Economic and Statistics Administration/ to 260 noes, Roll No. 123). Pages H2259–61, H2262–63 Census Bureau, Bureau of Economic Analysis. Testi- Point of Order sustained against: mony was heard from the following officials of the Rohrabacher amendment (No. 2 printed in the Department of Commerce: Cynthia A. Glassman, Congressional Record of March 6, 2007) that sought Under Secretary, Economic Affairs, Economics and

VerDate 0ct 09 2002 08:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MR7.REC SWEST PsN: D07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D281 Statistics Administration; Charles Louis Kincannon, Combined Forces Command and Commander, Director, Census Bureau; Steve Landefeld, Director, United States Forces Korea. Bureau of Economic Analysis. AIR LIFT AMD AERIAL REFUELING The Subcommittee also held a hearing on Eco- PROGRAMS nomic Development Administration/Minority Busi- ness Development Agency. Testimony was heard Committee on Armed Services: Subcommittee on Air and from the following officials of the Department of Land Forces held a hearing on Air Force and Army Commerce: Sandy K. Baruah, Assistant Secretary, airlift and aerial refueling fixed-wing aircraft pro- Economic Development; and Ronald Langston, Na- grams. Testimony was heard from the following offi- tional Director, Minority Business Development cials of the Department of Defense: LTG C.H. Chan- Agency. dler, USAF, Deputy Chief of Staff, Operations, Plans and Requirements; LTG Donald J. Hoffman, USAF, DEFENSE APPROPRIATIONS Military Deputy, Office of the Assistant Secretary, Committee on Appropriations: Subcommittee on Defense Office of the Assistant of the Air Force, Acquisition held a hearing on Walter Reed Infrastructure. Testi- and MG Thomas P. Kane, USAF, Director, Strategic mony was heard from the following officials of the Plans, Requirements, and Programs, Air Mobility Department of the Army: GEN Peter Schoomaker, Command, all with the U.S. Air Force; and LTG USA, Chief of Staff; GEN Richard Cosy, USA, Vice Mark Curran, USA, Deputy Commander, Training Chief of Staff; and GEN Kevin C. Kiley, USA, and Doctrine Command; and MG (Select) Jeffrey Army Surgeon General. Sorenson, USA, Deputy, Systems Command Manage- ment, Secretary of the Army (Acquisition, Logistics FINANCIAL SERVICES AND GENERAL and Technology), both with the U.S. Army; William GOVERNMENT APPROPRIATIONS Solis, Director, Defense Capabilities and Manage- Committee on Appropriations: Subcommittee on Finan- ment and Michael Sullivan, Director, Acquisition cial Services, and General Government held a hear- and Sourcing Management, both with the GAO; and ing on Ensuring the Integrity of Elections. Testi- Christopher Bolkcom, Specialist in National Defense, mony was heard from Donetta L. Davidson, Chair, CRS, Library of Congress. Election Assistance Commission; Randolph C. Hite, CLIMATE CHANGE AND GREENHOUSE GAS Director, Information Technology Architecture and EMISSIONS Systems, GAO, and public witnesses. Committee on Energy and Commerce: Subcommittee on MILITARY CONSTRUCTION, VETERANS Energy and Air Quality held a hearing entitled ‘‘Cli- AFFAIRS, AND RELATED AGENCIES mate Change: Are Greenhouse Gas Emissions from APPROPRIATIONS Human Activities Contributing to a Warming of the Committee on Appropriations: Subcommittee on Mili- Planet?’’ Testimony was heard from public witnesses. tary Construction, Veterans’ Affairs and Related FUTURE OF RADIO Agencies held a hearing on Pacific Command. Testi- Committee on Energy and Commerce: Subcommittee on mony was heard from the following officials of the Telecommunications and the Internet held a hearing Department of Defense: ADM William J. Fallon, entitled ‘‘Digital Future of the United States: Part USN, Commander, U.S. Pacific Command; GEN II—The Future of Radio.’’ Testimony was heard Burwell B. Bell, III, USAF, Commander, United from public witnesses. Nations Command, Commander, Republic of Korea- United States Combined Fores Command and Com- GULF COAST HURRICANE HOUSING mander, United States Forces Korea. RELIEF ACT NATIONAL DEFENSE BUDGET REQUEST— Committee on Financial Institutions: Ordered reported, PACIFIC COMMAND AND FORCES KOREA as amended, H.R. 1227, Gulf Coast Hurricane Housing Recovery Act of 2007. Committee on Armed Services: Held a hearing on the Fiscal Year 2008 National Defense Authorization LATIN AMERICA/CARIBBEAN Budget Request from the U.S. Pacific Command and REMITTANCES U.S. Forces Korea. Testimony was heard from the Committee on Financial Services: Subcommittee on Do- following officials of the Department of Defense: mestic and International Policy, Trade, and Tech- ADM William J. Fallon, USN, Commander, U.S. nology held a hearing entitled ‘‘The Role of Remit- Pacific Command; and GEN Burwell B. Bell, III, tances in Leveraging Sustainable Development in USAF, Commander, United Nations Command, Latin America and the Caribbean.’’ Testimony was Commander, Republic of Korea—United States heard from public witnesses.

VerDate 0ct 09 2002 08:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MR7.REC SWEST PsN: D07MRPT1 D282 CONGRESSIONAL RECORD — DAILY DIGEST March 7, 2007 SOUTH ASIA OVERVIEW ENERGY RESEARCH AND DEVELOPMENT Committee on Foreign Affairs: Subcommittee on the BUDGET Middle East and South Asia held a hearing on A Re- Committee on Science and Technology: Subcommittee on gional Overview of South Asia. Testimony was heard Energy and Environment held a hearing on the De- from Richard A. Boucher, Assistant Secretary, Bu- partment of Energy Fiscal Year 2008 Research and reau of South and Central Asian Affairs, Department Development Budget Proposal, Testimony was heard of State. from the following officials of the Department of Energy: Ray Orbach, Under Secretary, Science; Alex- ELECTION DECEPTION AND ander Karsner, Assistant Secretary, Energy Efficiency IRREGULARITIES and Renewable Energy; Thomas D. Shope, Principal Committee on the Judiciary: Held a hearing on ‘‘Pro- Deputy Assistant Secretary; Dennis Spurgeon, Assist- tecting the Right to Vote: Election Deception and ant Secretary, Nuclear Energy; and Kevin Kolevar, Irregularities in Recent Federal Elections.’’ Testi- Director Office of Electricity Delivery and Energy mony was heard from Senators Obama and Cardin; Reliability. Representatives Loretta Sanchez, Bilbray, King of TECHNOLOGY AND Iowa, and Emanuel; and public witnesses. TELECOMMUNICATIONS INNOVATION MISCELLANEOUS MEASURES Committee on Small Business: Held a hearing entitled ‘‘Advancing the Innovation Agenda: The Perspective Committee on Natural Resources: Ordered reported the of the Technology and Telecommunications Indus- following bills: H.R. 162, Jean Lafitte National His- try.’’ Testimony was heard from public witnesses. torical Park and Preserve Boundary Adjustment Act of 2007; H.R. 249, To restore the prohibition on TRANSIT AND RAIL SECURITY the commercial sale and slaughter of wild free-roam- Committee on Transportation and Infrastructure: Sub- ing horses and burros; H.R. 285, amended, Steel In- committee on Highways and Transit and the Sub- dustry National Historic Site Act; H.R. 309, amend- committee on Railroads, Pipelines, and Hazardous ed, To direct the Secretary of the Interior to estab- Materials held a joint hearing on Transit and Rail lish a demonstration program to facilitate landscape Security. Testimony was heard from Norman J. restoration programs within certain units of the Na- Rabkin, Homeland Security and Justice, GAO; Fred tional Park System established by law to preserve Weiderhold, National Railroad Passenger Corpora- and interpret resources associated with American his- tion (AMTRAK); and public witnesses. tory; H.R. 319, amended, Journey Through Hal- lowed Ground National Heritage Area Act; H.R. GREAT LAKES AQUATIC INVASIVE SPECIES 865, Copper Valley Native Allotment Resolution Committee on Transportation and Infrastructure: Sub- Act of 2007; and H.R. 886, Wild Sky Wilderness committee on Water Resources and Environment Act of 2007. held a hearing on the impact of Aquatic Invasive Species on the Great Lakes. Testimony was heard COMMITTEE FUNDING RESOLUTION from Benjamin H. Grumbles, Assistant Adminis- Committee on Rules: Granted, by voice vote of 9 to 3, trator, Water, EPA; and public witnesses. a closed rule, providing for consideration of H. Res. 202, Providing for the expenses of certain commit- PERFORMANCE REVIEW tees of the House of Representatives in the One Committee on Veterans Affairs: Subcommittee on Eco- Hundred Tenth Congress. The rule provides 1 hour nomic Opportunity held a hearing on Performance of general debate equally divided and controlled by Review of Services. Testimony was heard from the Chairman and Ranking Minority Member of the Charles S. Ciccolella, Assistant Secretary, Veterans’ Committee on House Administration. The rule Employment and Training Service, Department of waives all points of order against consideration of the Labor; and the following officials of the Department resolution. The rule provides that the amendment in of Veterans Affairs: Keith M. Wilson, Director, Edu- the nature of a substitute recommended by the Com- cation Service; Bill Borom, Deputy Director, Vocal mittee on House Administration now printed in the Rehabilitation and Employment; and Keith Pedigo, bill, modified by the amendment printed in the re- Director, Loan Guaranty Service. port accompanying the resolution, shall be consid- ered as adopted. Finally, the rule provides one mo- ALTERNATIVE MINIMUM TAX tion to recommit which may not contain instruc- Committee on Ways and Means: Subcommittee on Se- tions. Testimony was heard from Representatives lect Revenue Measures held a hearing on the Alter- Hastings of Washington, Issa and King of Iowa. native Minimum Tax. Testimony was heard from the

VerDate 0ct 09 2002 08:00 Mar 08, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MR7.REC SWEST PsN: D07MRPT1 March 7, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D283 following officials of the Department of the Treas- Circuit, and Vanessa Lynne Bryant, to be United States ury: Eric Solomon, Assistant Secretary, Tax Policy; District Judge for the District of Connecticut, the possi- and Nina E. Olson, National Taxpayer Advocate, bility of the issuance of certain subpoenas to former U.S. IRS; and public witnesses. attorneys, S. 236, to require reports to Congress on Fed- eral agency use of data mining, S. 261, to amend title HOT SPOTS BRIEFING 18, United States Code, to strengthen prohibitions Permanent Select Committee on Intelligence: Met in execu- against animal fighting, S. 376, to amend title 18, tive session to receive a briefing on Hot Spots. The United States Code, to improve the provisions relating to Committee was briefed by departmental witnesses. the carrying of concealed weapons by law enforcement of- ficers, S. 231, to authorize the Edward Byrne Memorial f Justice Assistance Grant Program at fiscal year 2006 lev- COMMITTEE MEETINGS FOR THURSDAY, els through 2012, S. 368, to amend the Omnibus Crime MARCH 8, 2007 Control and Safe Streets Act of 1968 to enhance the COPS ON THE BEAT grant program, S. 655, to amend (Committee meetings are open unless otherwise indicated) the Congressional Charter of The American National Red Senate Cross to modernize its governance structure, to enhance the ability of the board of governors of The American Committee on Appropriations: Subcommittee on Transpor- tation, Housing and Urban Development, and Related National Red Cross to support the critical mission of The Agencies, to hold hearings to examine cross-border truck- American Red Cross in the 21st century, S. 627, to ing with Mexico, 9:15 a.m., SD–138. amend the Juvenile Justice and Delinquency Prevention Subcommittee on Commerce, Justice, Science, and Re- Act of 1974 to improve the health and well-being of lated Agencies, to hold hearings to examine the Presi- maltreated infants and toddlers through the creation of a dent’s proposed budget request for fiscal year 2008 for National Court Teams Resource Center, to assist local the National Oceanic and Atmospheric Administration Court Teams, S. Res. 88, honoring the extraordinary and the National Science Foundation, 10 a.m., SD–192. achievements of Massachusetts Governor Deval Patrick, Subcommittee on Homeland Security, to hold hearings and S. Con. Res. 14, commemorating the 85th anniver- to examine the President’s proposed budget request for sary of the founding of the American Hellenic Edu- fiscal year 2008 for the Department of Homeland Secu- cational Progressive Association, a leading association for rity, 2:30 p.m., SD–192. the 1,300,000 United States citizens of Greek ancestry Committee on Armed Services: to hold hearings to examine and Philhellenes in the United States, 10 a.m., SD–226. the nominations of Admiral Timothy J. Keating, USN, Committee on Small Business and Entrepreneurship: to hold for reappointment to the grade of admiral and to be hearings to examine small business solutions for com- Commander, United States Pacific Command, Lieutenant bating climate change, 10 a.m., SR–428A. General Victor E. Renuart, Jr., USAF, for appointment to Committee on Veterans’ Affairs: to hold joint hearings be general and to be Commander, United States Northern with the House Committee on Veterans’ Affairs to exam- Command/Commander, North American Aerospace De- ine the legislative presentation of the Paralyzed Veterans fense Command, and Lieutenant General Robert L. Van of America, Jewish War Veterans, Blinded Veterans Asso- Antwerp, USA, for reappointment to the grade of lieuten- ciation, Vietnam Veterans of America, and Non Commis- ant general and to be Chief of Engineers/Commanding sioned Officers Association, 9:30 a.m., SD–106. General, United States Army Corps of Engineers, 9:30 a.m., SH–216. House Committee on Commerce, Science, and Transportation: Sub- committee on Aviation Operations, Safety, and Security, Committee on Agriculture, Subcommittee on Livestock, to hold hearings to examine the Administration’s proposal Dairy, and Poultry, hearing to review the impact of feed to reauthorize the Federal Aviation Administration Part costs on the livestock industry, 10 a.m., 1302 Longworth. II, 9:30 a.m., SR–253. Committee on Appropriations, Subcommittee on Agri- Committee on Finance: to hold hearings to examine per- culture, Rural Development, Food and Drug Administra- spectives on the 2007 trade agenda, 10 a.m., SD–215. tion, and Related Agencies, on Food and Nutrition Serv- Committee on Foreign Relations: to hold hearings to exam- ice, 10 a.m., 2362A Rayburn. ine time for a new strategy relating to Afghanistan, 9:15 Subcommittee on Commerce, Justice, Science and Re- a.m., SD–419. lated Agencies, on National Institute of Standards and Committee on Health, Education, Labor, and Pensions: to Technology, 10 a.m., and on National Telecommuni- hold hearings to examine follow-on biologics, 10 a.m., cations and Information Administration/Patent and SD–430. Trademark Office, 2 p.m., H–309 Capitol. Committee on Indian Affairs: to hold hearings to examine Subcommittee on Energy and Water Development and the Indian Health Care Improvement Act Amendments of Related Agencies, on Department of Energy: Environ- 2007, 9:30 a.m., SR–485. mental Management, Legacy Management, 10 a.m., Committee on the Judiciary: business meeting to consider 2362B Rayburn. the nominations of Thomas M. Hardiman, of Pennsyl- Subcommittee on Financial Services and General Gov- vania, to be United States Circuit Judge for the Third ernment, on Supreme Court, 10 a.m., 2220 Rayburn.

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Subcommittee on Interior, Environment and Related Subcommittee on Crime, Terrorism and Homeland Se- Agencies, on Secretary of the Interior, 9:30 a.m., B–308 curity, hearing on the McNulty Memorandum’s Effect on Rayburn. the Right to Counsel in Corporate Investigations, 9:30 Subcommittee on Labor, Health and Human Services, a.m., 2141 Rayburn. Education and Related Agencies, on Administration for Committee on Natural Resources, Subcommittee on Water Children and Families, 10 a.m., 2359 Rayburn. and Power, oversight hearing on the fiscal year 2008 Subcommittee on Legislative Branch, on U.S. Capitol budget requests for the Bureau of Reclamation, the Fed- Police Budget, 10 a.m., H–144 Capitol. eral Power Marketing Administrations, and the Water Subcommittee on Military Construction, Veterans’ Af- Resources division of the U.S. Geological Survey, 2 p.m., fairs and Related Agencies, on VA Mental Health Pro- 1324 Longworth. grams and Initiatives, 10 a.m., and on VA Homeless Pro- Committee on Oversight and Government Reform, to mark grams, 1 p.m., H–143 Capitol. up the following measures: H.R. 1255, Presidential Subcommittee on State, Foreign Operations, and Re- Records Act Amendments of 2007; H.R. 1254, Presi- lated Programs, on Foreign Assistance Budget, Foreign dential Library Donation Reform Act of 2007; H.R. Affairs Restructuring, 2 p.m., 2359 Rayburn. 1309, To promote openness in Government by strength- Subcommittee on Transportation, Housing and Urban ening section 552 of title 5, United States Code (Com- Development, and Related Agencies, on Building Sus- monly referred to as the Freedom of Information Act); H. tainable Communities: Sensible Links between Housing Res. 198, Recognizing the significance of Black History and Transportation, 10 a.m., 2358 Rayburn. Month; H.R. 89, Expressing the sense of the House of Committee on Armed Services, hearing on challenges and Representatives that a day should be established as obstacles wounded and injured service members face dur- Dutch-American Friendship Day to celebrate the historic ing recovery, 10 a.m., 2118 Rayburn. ties of the United States and the Netherlands; and H. Subcommittee on Seapower and Expeditionary Forces, Res. 136, Commending the Girl Scouts of the United hearing on submarine force structure and acquisition pol- States of America on the occasion of their 95th anniver- icy, 2 p.m., 2212 Rayburn. sary, for providing quality age-appropriate experiences Subcommittee on Strategic Forces, hearing on the pos- that prepare girls to become the leaders of tomorrow and ture of the U.S. Strategic Command, 3 p.m., 2118 Ray- for raising issues important to girls, 10 a.m., 2154 Ray- burn. burn. Committee on Education and Labor, Subcommittee on Subcommittee on Federal Workforce, Postal Service Higher Education, Lifelong Learning and Competitive- and the District of Columbia, hearing on the ‘‘Status of ness, hearing on the State of Higher Education: How Stu- Federal Personnel Reform, 2 p.m., 2154 Rayburn. dents Access and Finance a College Education,’’ 10:30 Committee on Rules, to consider H.R. 720, Water Qual- a.m., 2175 Rayburn. ity Financing Act of 2007, 2 p.m., H–313 Capitol. Committee on Energy and Commerce, Subcommittee on En- Committee on Science and Technology, Subcommittee on vironment and Hazardous Materials and the Sub- Research and Science Education, hearing on Improving committee on Energy and Air Quality, joint hearing enti- the Laboratory Experience for America’s High School Stu- tled ‘‘The Environmental Protection Agency’s Budget Re- dents, 2 p.m., 2318 Rayburn. quest for Fiscal Year 2008,’’ 9 a.m., 2123 Rayburn. Subcommittee on Technology and Innovation, hearing Subcommittee on Health, hearing entitled ‘‘H.R. 493, on the Department of Homeland Security’s R&D Budget Genetic Information Nondiscrimination Act,’’ 1 p.m., Priorities for Fiscal Year 2008, 10 a.m., 2318 Rayburn. 2123 Rayburn. Committee on Small Business, hearing to review legisla- Committee on Financial Services, hearing entitled ‘‘Em- tion affecting the SBA’s Disaster and Access to Capital powering Shareholders on Executive Compensation: H.R. programs, 10 a.m., 2360 Rayburn. 1257, Shareholder Vote on Executive Compensation Act,’’ Committee on Transportation and Infrastructure, Sub- 10 a.m., 2128 Rayburn. committee on Coast Guard and Maritime Transportation, Committee on Foreign Affairs, hearing on Foreign Assist- oversight hearing on the Coast Guard Budget and Au- ance Reform, 10 a.m., 2172 Rayburn. thorization for Fiscal Year 2008, 10 a.m., 2167 Rayburn. Subcommittee on International Organizations, Human Committee on Veterans Affairs, Subcommittee on Over- Rights, and Oversight and the Subcommittee on the sight and Investigations, hearing on Service Members Western Hemisphere, joint hearing on Polling Data on Seamless Transition into Civilian Life—The Heroes Re- Latin American Opinion of the United States Policies, turn, 3:30 p.m., 334 Cannon. Values and People, 3 p.m., 2172 Rayburn. Committee on Ways and Means, Subcommittee on Health Committee on Homeland Security, Subcommittee on Bor- and the Subcommittee on Oversight, joint hearing on der, Maritime, and Global Counterterrorism, to continue Medicare Program Integrity, 10 a.m., 1100 Longworth. hearings entitled ‘‘Border Security: Infrastructure, Tech- Permanent Select Committee on Intelligence, executive hear- nology, and the Human Element, Part II,’’ 1 p.m., 1539 ing on Military Intelligence Program (MIP) Budget Over- Longworth. view, 10:30 a.m., H–405 Capitol. Committee on the Judiciary, Subcommittee on Courts, the Internet and Intellectual Property, hearing on ‘‘An Up- Joint Meetings date—Piracy on University Networks,’’ 2 p.m., 2141 Joint Hearing: Senate Committee on Veterans’ Affairs, Rayburn. to hold joint hearings with the House Committee on

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Veterans’ Affairs to examine the legislative presentation of Blinded Veterans Association, Vietnam Veterans of Amer- the Paralyzed Veterans of America, Jewish War Veterans, ica, and Non Commissioned Officers Association, 9:30 a.m., SD–106.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, March 8 10 a.m., Thursday, March 8

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of H.R. 700— morning business (not to extend beyond 60 minutes), Healthy Communities Water Supply Act of 2007 and H. Senate will continue consideration of S. 4, Improving Res. 202—Providing for the expenses of certain commit- America’s Security by Implementing Unfinished Rec- tees of the House of Representatives in the One Hundred ommendations of the 9/11 Commission Act. Tenth Congress.

Extensions of Remarks, as inserted in this issue

HOUSE Garrett, Scott, N.J., E481 Pence, Mike, Ind., E481 Grijalva, Rau´ l M., Ariz., E483 Sali, Bill, Ida., E482 Davis, David, Tenn., E482 Gutierrez, Luis V., Ill., E482 Shuster, Bill, Pa., E479, E480 Ellsworth, Brad, Ind., E481 Higgins, Brian, N.Y., E480 Tiahrt, Todd, Kans., E479, E480 English, Phil, Pa., E483 Kanjorski, Paul E., Pa., E479, E479, E480 Watson, Diane E., Calif., E483

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