Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, FIRST SESSION

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

Vol. 153 WASHINGTON, WEDNESDAY, MAY 23, 2007 No. 85 House of Representatives The House met at 10 a.m. THE JOURNAL The Senator from Michigan (Mr. Chaplain Marc Unger, California The SPEAKER. The Chair has exam- LEVIN) (Democratic Co-Chairman). State Military Reserve, attached to the ined the Journal of the last day’s pro- The Senator from Delaware (Mr. 1–184th Infantry, California Army Na- ceedings and announces to the House BIDEN) (Democratic Co-Chairman). tional Guard, Exeter, California, of- her approval thereof. The Senator from New Jersey (Mr. fered the following prayer: Pursuant to clause 1, rule I, the Jour- LAUTENBERG) (Democratic Co-Chair- O God, You have been our refuge in nal stands approved. man). every generation. I thank You, Lord, f The Senator from Massachusetts (Mr. for granting truths self-evident, and KENNEDY). endowing us, our Creator, with certain MESSAGE FROM THE SENATE The Senator from North Dakota (Mr. unalienable rights: Life, liberty, and A message from the Senate by Ms. DORGAN). the pursuit of happiness, our freedom. Curtis, one of its clerks, announced The Senator from Illinois (Mr. DUR- Help this body, O Lord, to remember that the Senate has passed without BIN). that our freedom was bought with a amendment a bill of the House of the The Senator from Florida (Mr. NEL- price, the blood of our heroes. And de- following title: SON). fense of our freedom comes at the same H.R. 2080. An act to amend the District of The Senator from Connecticut (Mr. terrible price. Columbia Home Rule Act to conform the LIEBERMAN). Grant the Members of this body: Wis- District charter to revisions made by the The Senator from West Virginia (Mr. dom as they legislate; freedom from Council of the District of Columbia relating BYRD) (Majority Administrative Co- partisan politics; unity, not division; to public education. Chairman). The message also announced that the and remembrance that they serve ‘‘of f the people, by the people, and for the Senate has passed bills of the following people’’ under God. titles in which the concurrence of the APPOINTMENT OF MEMBERS TO Help each Representative, Lord, to House is requested: BOARD OF VISITORS TO UNITED represent the people, not politics; mo- S. 33. An act to redesignate the Office for STATES MILITARY ACADEMY rality, not mores; sacrifice, not self-in- Vocational and Adult Education as the Of- The SPEAKER. Pursuant to 10 U.S.C. fice of Career, Technical, and Adult Edu- 4355(a), the Chair appoints the fol- terest; right, not flight; defense, not cation. defeat. S. 375. An act to waive application of the lowing Members of the House to the Lord, please comfort the families of Indian Self-Determination and Education Board of Visitors to the United States our fallen. Grant the troops defending Assistance Act to a specific parcel of real Military Academy: our precious freedoms would: Live property transferred by the United States to Mr. HINCHEY, New York under the protection of the Most High, 2 Indian tribes in the State of Oregon, and Mr. HALL, New York be Your servant for good, and be grant- for other purposes. Mr. MCHUGH, New York ed overwhelming victory in the global The message also announced that Mr. TIAHRT, Kansas war on terror. pursuant to the provisions of S. Res. f For Yours is the kingdom and the 105 (adopted April 13, 1989), as amended ANNOUNCEMENT BY THE SPEAKER power and the glory forever. by S. Res. 149 (adopted October 5, 1993), Amen. as amended by Public Law 105–275 The SPEAKER. The Chair will enter- (adopted October 21, 1998), further f tain up to 15 requests for 1-minute amended by S. Res. 75 (adopted March speeches on each side of the aisle. PLEDGE OF ALLEGIANCE 25, 1999), amended by S. Res. 383 (adopt- f The SPEAKER. Will the gentleman ed October 27, 2000), and amended by S. Res. 355 (adopted November 13, 2002), IT’S TIME TO STOP PRICE from Pennsylvania (Mr. ALTMIRE) come GOUGING BY BIG OIL forward and lead the House in the and further amended by S. Res. 480 Pledge of Allegiance. (adopted November 20, 2004), the Chair, (Mr. DEFAZIO asked and was given Mr. ALTMIRE led the Pledge of Alle- on behalf of the Majority Leader, an- permission to address the House for 1 giance as follows: nounces the appointment of the fol- minute.) I pledge allegiance to the Flag of the lowing Senators to serve as members of Mr. DEFAZIO. Madam Speaker, while United States of America, and to the Repub- the Senate National Security Working Memorial Day is the traditional begin- lic for which it stands, one nation under God, Group for the One Hundred Tenth Con- ning of the summer vacation and travel indivisible, with liberty and justice for all. gress: season for all Americans, it’s going to

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 03:16 May 24, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A23MY7.000 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5626 CONGRESSIONAL RECORD — HOUSE May 23, 2007 be a gloomy day across America. No, housing bill that keeps the people of Mr. POE. Mr. Speaker, ‘‘amnesty’’ is I’m not a weather forecaster. It’s going the gulf coast on the road to recovering a trigger word for most Americans. to be a gloomy day because of record after Hurricane Katrina. While we as a people disagree on many extortionate and manipulated prices at We also accomplished something last issues, most Americans oppose the the pump. Guess what? Crude oil prices week that 3 of the last 5 years Congress thought of legalization of illegal con- are down over a year ago, but somehow was unable to do: come to an agree- duct; in other words, amnesty. gas is up 50 cents a gallon at the pump. ment on a sensible budget with the So the special-interest groups and How is that? The refineries are making Senate. It is a budget that prioritizes the profiteers from plantation labor four times, four times their normal our Nation’s veterans and achieves bal- have been careful not to call the new, margin on refining. Why is that? They ance without raising a penny of taxes. inclusive immigration proposal amnesty. But that’s exactly what it is. It said, oh, well, gosh, we couldn’t have f known people were going to start buy- legalizes the illegals that are in Amer- THE DEMOCRATS’ FAILURE TO ing gas around Memorial Day. We had ica, some 12- to 20 million. All they GOVERN to close down some of the refineries to need to do is a few things, including maintain them and to clean them. Does (Ms. FOXX asked and was given per- pay a fee, or as I see it, a government Exxon translate into Enron? Remem- mission to address the House for 1 kickback, and they get to stay in ber when Enron was doing the same minute.) America. But supporters of this proposal still refuse to accept the obvious: thing in California? High demand, shut Ms. FOXX. Mr. Speaker, does it not It’s amnesty, or pardon for illegal con- down the generating plants. Exxon, seem ironic that the week in which we are scheduled to vote on a lobbying and duct. high demand, shut down the refineries. If somebody trespasses on your land, It’s time to stop the price gouging by ethics reform bill, that I might add is largely a carbon copy of a Republican when they are caught they usually Big Oil. Break them up. They aren’t have to pay a fine, but they also must bill from last year, we are faced with competitive, they’re colluding. get off your property. If they pay the the behavior of a high-ranking Member f fine and are allowed to continue to of the Democrat leadership who made a stay on your property, it is amnesty. LEADERSHIP IS NOT AS IT threatening comment to another Mem- APPEARS, IT’S AS IT PERFORMS This is similar to what the special-in- ber? terest groups are trying to repackage (Mrs. BLACKBURN asked and was What are the American people sup- and sell to the American public and given permission to address the House posed to make of the failure of the ma- even illegal immigrants. But it seems for 1 minute and to revise and extend jority to keep their promises? Instead to me these groups are selling out her remarks.) of delivering real reform, the Demo- America. We shall see what the Amer- Mrs. BLACKBURN. Mr. Speaker, you crats march in lockstep behind one of ican public think. know, leadership is not as it appears; their own, despite this clear violation And that’s just the way it is. leadership is as it performs. And what of House ethics rules. Not only has the f the American people want to see is us majority failed to deliver on their performing and solving problems for agenda, they have shown they will tol- BUSH THREATENS VETO OF them, addressing the issues that affect erate behavior in their ranks which is STRONG BIPARTISAN DEFENSE them, not window dressing. And win- antithetical to their so-called reform AUTHORIZATION BILL dow dressing is a lot of what we’ve efforts. In so doing, they have forfeited (Mr. PERLMUTTER asked and was done since the Democrats took control their credibility. given permission to address the House of the Chamber, brought forward their f for 1 minute.) ‘‘Six for ’06,’’ and by the way, not one Mr. PERLMUTTER. Mr. Speaker, IN SUPPORT OF H.R. 1853 single bill has been signed into law. President Bush says he supports our A few other things. We’ve named a (Ms. WATSON asked and was given troops, but his actions last week refute lot of post offices. Today we are going permission to address the House for 1 those claims, and his actions speak to have a supposed price-gouging bill. minute.) louder than his words. But you know, the harder thing would Ms. WATSON. Mr. Speaker, I rise Last Thursday, this House voted be to really address production, explo- today to urge my colleagues to join me overwhelmingly, by 397–27, to support a ration, distribution, innovation in the in support of H.R. 1853, the Jose Medina defense authorization bill that gives oil and energy industry to make cer- Veterans Affairs Police Training Act. our troops a much-deserved 3.5 percent tain that we have a sustainable supply. Mr. Speaker, more than 1.5 million raise, a lot less than the contractors And by the way, it’s been 106 days U.S. troops have served in Iraq and Af- from Halliburton are getting, contrac- since the President sent us a request ghanistan, and according to an Army tors that the President has farmed out for emergency spending, and finally we study, 20 percent are showing signs of much of the war in Iraq to, but still a are going to get a bill that can be post-traumatic stress syndrome. But 3.5 percent raise. signed into law. surprisingly, most VA police officers do b 1015 Leadership is not as it appears, it is not receive any training on how to deal Incredibly, the President has threat- as it performs. Let’s solve problems for with patients suffering from mental ill- ened to veto the bill. Two of the rea- the American people. ness. That is why we must prepare VA sons he gave for his opposition are the f law enforcement officers to deal with pay raise and benefits to survivors. By the tens of thousands of veterans re- threatening to veto this bill, how ex- CHANGING THE WAY CONGRESS turning from Iraq that are expected to DOES BUSINESS actly is our President supporting our utilize VA medical centers for mental troops? Well, he is not. (Mr. ALTMIRE asked and was given health services. Over the last 5 years, the President permission to address the House for 1 H.R. 1853, the Jose Medina Veterans has asked much of our military. Ex- minute.) Affairs Police Training Act, will ensure tended deployments in Iraq and Af- Mr. ALTMIRE. Mr. Speaker, Demo- that our veterans are treated with dig- ghanistan have strained our Active crats continue to demonstrate that nity and respect when they seek treat- military and National Guard and their they are changing the way Congress ment at VA facilities. Veterans’ men- families. This Congress overwhelm- does business. We reach across the aisle tal health needs should be one of this ingly said we should reward our troops. to pass bipartisan legislation that puts Congress’ top priorities, and I urge If the President really wants to sup- the American people first. Just last your support. port our troops, he will sign the bill. week Republicans and Democrats came f f together to provide a much-deserved pay increase for our troops serving IT’S STILL AN AMNESTY DEAL STOPPING TERRORISM OVERSEAS bravely overseas. We joined together to (Mr. POE asked and was given per- (Mr. WILSON of South Carolina fight crime by adding 50,000 cops to the mission to address the House for 1 asked and was given permission to ad- street, and we passed an affordable minute.) dress the House for 1 minute.)

VerDate Aug 31 2005 23:59 May 23, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.002 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5627 Mr. WILSON of South Carolina. Mr. Mrs. CAPITO. Mr. Speaker, I rise Mrs. BACHMANN. Mr. Speaker, I rise Speaker, on Sunday, a homicide bomb- today to highlight the importance of today to honor a great American and a er in Gardez, Afghanistan, mass-mur- preventive care in the Medicare pro- woman from my district, Mrs. Vera dered 14 civilians and injured 36 others, gram. Werner, on the occasion of her 105th including five members of the 218th bri- As we all know, the Medicare Mod- birthday. It is a goal to which we all gade of the South Carolina National ernization Act of 2003 made many im- aspire but very few of us ever achieve. Guard. This affects me personally, as I portant and much-needed changes to Vera was born in 1902 in Melrose, was a member of the 218th for over 20 the Medicare program. The creation of Minnesota, on May 31, a great day. She years. In July 2000, we trained together the Medicare prescription drug benefit is an unassuming Minnesotan, Mr. in the Mojave Desert at Fort Irwin to was a critically important moderniza- Speaker. She married, and 2 years later face this very evil, and now our coura- tion of the program and has been espe- she moved to the big city of St. Cloud, geous troops are stopping terrorists cially successful in my home State of Minnesota. During her time there, she overseas. West Virginia, with 287,000 bene- touched many people’s lives. Like so Chuck Crumbo of The State news- ficiaries. many Americans, she had numerous paper reported the suicide bomber fol- But the prescription drug benefit is friends. She was on a bowling league lowed the Guard convoy and detonated just one component of the overall for 40 years and she worked in the local changes in Medicare. If we can encour- himself in the midst of innocent department store. age more seniors to actually use the women and children on a crowded But, Mr. Speaker, Vera Werner ac- preventive benefits, we can help them street. This act of cowardice confirms complished the most important work why we must stop the terrorists over- prevent more costly procedures and of any American: She was a mother to seas or they will return to America. In longer stays in the hospital. four children, she was a grandmother the past 96 hours, there was an attack That is why the ‘‘Welcome to Medi- to 21, a great-grandmother to more in Baghdad, terrorists acted in Leb- care’’ screening is so vitally important. than 40, and she has so many great- anon, and a shopping mall was blown Many of the elements that seniors face up in Turkey. today can be effectively managed with great-grandchildren that people can’t I know my comrades, ably led by prescription medicine and regular vis- keep count. There is no more impor- General Bob Livingston, are ready to its to their physicians. However, distant function as an American, Mr. face al Qaeda’s boast of Afghanistan ease management is only effective if Speaker, than to be a good mother or a and Iraq as the central front in the we catch the disease early. good father. global war on terrorism. This is how we I would like to encourage my col- Today, Vera, our Nation salutes you, can best protect American families. I leagues to educate their constituents and we wish you happy 105th birthday. have never been prouder of the Guard’s about these important modernizations f service. to the Medicare program so we can all HOW EXACTLY IS PRESIDENT SUP- better serve our senior citizens. In conclusion, God bless our troops, PORTING OUR TROOPS WHEN HE and we will never forget September 11. f THREATENS A VETO OF DOD f DEMOCRATS WORKING TO ESTAB- PAY INCREASE? HONORING AND REWARDING OUR LISH A NEW, SMART AND FAIR (Mr. COSTA asked and was given per- TROOPS FOR THEIR VALOR AND ENERGY POLICY mission to address the House for 1 SACRIFICE (Mr. SARBANES asked and was given minute.) (Mr. BISHOP of New York asked and permission to address the House for 1 Mr. COSTA. Mr. Speaker, this House was given permission to address the minute and to revise and extend his re- on a bipartisan basis overwhelmingly House for 1 minute.) marks.) supported our troops last week by giv- Mr. BISHOP of New York. Mr. Speak- Mr. SARBANES. Mr. Speaker, as ing them a 3.5 percent pay raise over er, last week the White House rec- Americans across the country begin the next year. What is our President’s ommended a veto of the defense au- planning their summer vacations, one response? A threatened veto. In a thorization bill and said Congress major constraint they will have to face statement opposing the higher pay wants to pay our troops too much for is the severely high price of gas. We are raise, the administration noted that defending America. It is unconscion- once again seeing record gas prices this the President’s proposal, in their opin- able to suggest our troops aren’t worth Memorial Day, making the prospect of ion, provided a good quality of life for a half percent more in pay, while many travel daunting for many families. Why servicemembers and families. of their families scrape by on food is this trend continuing? For 6 years, Mr. President, apparently you have stamps or pay for their own body President Bush and the Republican not read the 2004 Kaiser Family Foun- armor. Congress failed to enact a comprehen- dation report that indicates that over Paying our troops what they deserve sive energy strategy to provide relief one in five military families rely on should go hand in hand with relieving from these skyrocketing costs. food stamps or WIC for Federal aid. This Democratic Congress is ready to them of taxes they don’t deserve. That This is simply unacceptable. act and move our Nation in a new di- is why the gentleman from Virginia The best way we can send a message (Mr. DAVIS) and I introduced a bill last rection on energy. Already we have to our troops that we support the week to eliminate Federal taxation of voted to roll back billions of dollars in grueling work that they do on a daily student loan reimbursements to mili- subsidies to Big Oil and instead rein- basis is by showing it, by putting more tary personnel and Federal civilian em- vest those funds in renewable energy. money in their pockets so they can ployees. And now this week we will take up the Our bill, H.R. 2363, eliminates this issue of price gouging by the oil indus- better provide for their families. tax and creates an incentive to help try. We have seen the first quarter re- The bottom line is that men and our Armed Forces compete with pri- ports. The oil companies are making women fighting in Iraq or Afghanistan vate sector recruitment and retention record profits, and it is time they were should not have to supplement their in- by lowering the soaring debt faced by held accountable. come through living on food stamps or college graduates. Mr. Speaker, this Democratic Con- WIC. We encourage the President to re- Mr. Speaker, as we salute our troops gress will work hard to pass legislation consider the veto threat and to support and honor our fallen this Memorial that can establish a new, smart, and the entire pay raise. Day, let’s give them the pay raise they fair energy policy for the American f deserve. people. FINDING MIDDLE GROUND ON f f IMMIGRATION REFORM EMPHASIZING PREVENTIVE CARE HONORING VERA WERNER ON HER (Mr. PENCE asked and was given per- IN MEDICARE PROGRAM 105TH BIRTHDAY mission to address the House for 1 (Mrs. CAPITO asked and was given (Mrs. BACHMANN asked and was minute.) permission to address the House for 1 given permission to address the House Mr. PENCE. Mr. Speaker, last year, minute.) for 1 minute.) the President of the United States

VerDate Aug 31 2005 23:59 May 23, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.005 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5628 CONGRESSIONAL RECORD — HOUSE May 23, 2007 called on Congress to find a rational Finally, last week President Bush an- line or other petroleum distillate covered, middle ground between amnesty and nounced an executive order addressing and the time period that such proclamation mass deportation in the debate over this growing problem. Unfortunately, shall be in effect. immigration reform. Then, as now, the his plan doesn’t call for any action (B) DURATION.—The proclamation— (i) may not apply for a period of more than Senate is moving legislation that until the weeks before he leaves office 30 consecutive days, but may be renewed for would respond to the President’s call in 2009, and this is far too little and such consecutive periods, each not to exceed by simply granting amnesty to mil- years too late. 30 days, as the President determines appro- lions of illegal immigrants. Since taking control of Congress this priate; and But amnesty is not the middle year, Democrats have already passed (ii) may include a period of time not to ex- ground. The true middle ground of this measures to reduce the price of gas in ceed 1 week preceding a reasonably foresee- national debate would put border secu- this country and invest in renewable able emergency. rity first; reject amnesty and require energy. We are dedicated to curbing (3) FACTORS CONSIDERED.—In determining whether a person has violated paragraph (1), that all illegal immigrants leave the our Nation’s addiction to foreign oil there shall be taken into account, among country and apply outside the United and investing in our resources in the other factors— States for the legal right to live and Midwest, instead of buying more from (A) whether the amount charged by such work here; create a new center built on the Middle East. person for the applicable gasoline or other the private sector that could make Mr. Speaker, Democrats refuse to petroleum distillate at a particular location that an orderly process; temporary stand idly by while gas prices rise in an area covered by a proclamation issued workers returning to America would across the country. This week we will under paragraph (2) during the period such learn English; and employers hiring fight price gouging, something that the proclamation is in effect— (i) grossly exceeds the average price at illegals would face serious penalties. past Republican Congresses were un- which the applicable gasoline or other petro- That is the true rational middle willing to do. leum distillate was offered for sale by that ground, and after the Senate is done American consumers need help now, person during the 30 days prior to such proc- with its work, I hope it is the middle not in 2009, and this new Democratic lamation; ground that we find in this Chamber on Congress is going to deliver. (ii) grossly exceeds the price at which the same or similar gasoline or other petroleum behalf of the American people. f distillate was readily obtainable in the same f ANNOUNCEMENT BY THE SPEAKER area from other competing sellers during the MAKING AMERICA LESS PRO TEMPORE same period; DEPENDENT ON FOREIGN OIL (iii) reasonably reflected additional costs, The SPEAKER pro tempore (Mr. AN- not within the control of that person, that (Mr. KAGEN asked and was given DREWS). Pursuant to clause 8 of rule were paid, incurred, or reasonably antici- permission to address the House for 1 XX, the Chair will postpone further pated by that person, or reflected additional minute.) proceedings today on motions to sus- risks taken by that person to produce, dis- Mr. KAGEN. Mr. Speaker, for too pend the rules on which a recorded vote tribute, obtain, or sell such product under long our Nation has been dependent on or the yeas and nays are ordered, or on the circumstances; and foreign oil. Today all of our constitu- (iv) was substantially attributable to local, which the vote is objected to under regional, national, or international market ents and all Americans are feeling that clause 6 of rule XX. lack of independence at the pump. It is conditions; and Record votes on postponed questions (B) whether the quantity of gasoline or time for this Congress to enact real- will be taken later today. other petroleum distillate the person pro- istic and effective energy legislation f duced, distributed, or sold in an area covered that will help America become energy by a proclamation issued under paragraph (2) independent. FEDERAL PRICE GOUGING during a 30-day period following the issuance We must begin to invest in the re- PREVENTION ACT of such proclamation increased over the sources we have right here at home. We quantity that that person produced, distrib- Mr. RUSH. Mr. Speaker, I move to uted, or sold during the 30 days prior to such must work together to create solutions suspend the rules and pass the bill to rely on our own ingenuity rather proclamation, taking into account usual sea- (H.R. 1252) to protect consumers from sonal demand variations. than the unreliable sources of foreign price-gouging of gasoline and other (b) FALSE PRICING INFORMATION.—It shall energy. Some of these solutions begin fuels, and for other purposes, as amend- be unlawful for any person to report to a right on the farm, like in my own dis- ed. Federal agency information related to the trict in northeast Wisconsin. Biodiesel, wholesale price of gasoline or other petro- The Clerk read the title of the bill. leum distillates with actual knowledge or methane digesters, cellulosic ethanol, The text of the bill is as follows: all of these measures will help us be- knowledge fairly implied on the basis of ob- H.R. 1252 jective circumstances that such information come independent once again. It begins is false or misleading. with a $5 million investment in our Be it enacted by the Senate and House of Rep- resentatives of the United States of America in (c) DEFINITIONS.—As used in this section— own family farms, the energy inde- Congress assembled, (1) the term ‘‘wholesale’’, with respect to pendent family farm program. This sales of gasoline or other petroleum dis- SECTION 1. SHORT TITLE. provision will be included in the farm tillates, means either truckload or smaller This Act may be cited as the ‘‘Federal sales of gasoline or petroleum distillates bill, and I urge all my colleagues to Price Gouging Prevention Act’’. support it, along with the other posi- where title transfers at a product terminal SEC. 2. UNCONSCIONABLE PRICING OF GASOLINE or a refinery, and dealer tank wagon sales of tive measures within it. AND OTHER PETROLEUM DIS- gasoline or petroleum distillates priced on a By investing and creating energy TILLATES DURING EMERGENCIES. delivered basis to retail outlets; and independence on the farm, we will take (a) UNCONSCIONABLE PRICING.— (2) the term ‘‘retail’’, with respect to sales the first step in becoming less depend- (1) IN GENERAL.—It shall be unlawful for of gasoline or other petroleum distillates, in- ent on foreign sources of energy. any person to sell, at wholesale or at retail cludes all sales to end users such as motor- in an area and during a period of an energy f ists as well as all direct sales to other end emergency, gasoline or any other petroleum users such as agriculture, industry, residen- PRESIDENT PROPOSING TOO distillate covered by a proclamation issued tial, and commercial consumers. LITTLE TOO LATE under paragraph (2) at a price that— (d) CONSTRUCTION.—As described in this (A) is unconscionably excessive; and section, a sale of gasoline or other petroleum (Mr. PALLONE asked and was given (B) indicates the seller is taking unfair ad- distillate does not include a transaction on a permission to address the House for 1 vantage of the circumstances related to an futures market. minute.) energy emergency to increase prices unrea- SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE Mr. PALLONE. Mr. Speaker, for 6 sonably. COMMISSION. years President Bush and Republican (2) ENERGY EMERGENCY PROCLAMATION.— (a) ENFORCEMENT BY FTC.—A violation of Congresses ignored the record gas (A) IN GENERAL.—The President may issue section 2 shall be treated as a violation of a an energy emergency proclamation for any rule defining an unfair or deceptive act or prices that seemed to pop up every area within the jurisdiction of the United practice prescribed under section 18(a)(1)(B) year just before Memorial Day. Once States, during which the prohibition in para- of the Federal Trade Commission Act (15 again this year, American consumers graph (1) shall apply. The proclamation shall U.S.C. 57a(a)(1)(B)). The Federal Trade Com- are paying for their inaction. state the geographic area covered, the gaso- mission shall enforce this Act in the same

VerDate Aug 31 2005 23:59 May 23, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.006 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5629 manner, by the same means, and with the (1) be heard on all matters arising in such The SPEAKER pro tempore. Is there same jurisdiction as though all applicable civil action; and objection to the request of the gen- terms and provisions of the Federal Trade (2) file petitions for appeal of a decision in tleman from Illinois? Commission Act were incorporated into and such civil action. There was no objection. made a part of this Act. In enforcing section (d) CONSTRUCTION.—For purposes of bring- 2(a) of this Act, the Commission shall give ing any civil action under subsection (a), b 1030 priority to enforcement actions concerning nothing in this section shall prevent the at- companies with total United States whole- torney general of a State from exercising the Mr. RUSH. Mr. Speaker, I yield my- sale or retail sales of gasoline and other pe- powers conferred on the attorney general by self such time as I may consume. troleum distillates in excess of $500,000,000 the laws of such State to conduct investiga- Mr. Speaker, gasoline prices are now per year. tions or to administer oaths or affirmations at record highs. The average price of (b) CIVIL PENALTIES.— or to compel the attendance of witnesses or gas is $3.19 nationwide, with my home (1) IN GENERAL.—Notwithstanding the pen- the production of documentary and other State of Illinois having higher prices alties set forth under the Federal Trade evidence. than any other at $3.46 a gallon. Now, Commission Act, any person who violates (e) VENUE; SERVICE OF PROCESS.—In a civil rising gas prices are one thing, and I this Act with actual knowledge or knowledge action brought under subsection (a)— fairly implied on the basis of objective cir- (1) the venue shall be a judicial district in fully recognize the reality of global oil cumstances shall be subject to the following which— markets, the current state of our refin- penalties: (A) the defendant operates; ery capacity, and the basic laws of sup- (A) PRICE GOUGING; UNJUST PROFITS.—Any (B) the defendant was authorized to do ply and demand. But the gouging of person who violates section 2(a) shall be sub- business; or American consumers is another matter ject to— (C) the defendant in the civil action is entirely, and the bill on the floor, H.R. (i) a fine of not more than 3 times the found; 1252, the Federal Price Gouging Protec- amount of profits gained by such person (2) process may be served without regard to tion Act, ensures that American con- through such violation; or the territorial limits of the district or of the (ii) a fine of not more than $3,000,000. State in which the civil action is instituted; sumers are protected from companies (B) FALSE INFORMATION.—Any person who and that will prey on them during emer- violates section 2(b) shall be subject to a (3) a person who participated with the de- gencies when they are most vulnerable. civil penalty of not more than $1,000,000. fendant in an alleged violation that is being I want to commend the gentleman (2) METHOD.—The penalties provided by litigated in the civil action may be joined in from Michigan (Mr. STUPAK) for a fine paragraph (1) shall be obtained in the same the civil action without regard to the resi- piece of legislation that is both manner as civil penalties obtained under sec- dence of the person. thoughtful and careful in its scope. On tion 5 of the Federal Trade Commission Act (f) LIMITATION ON STATE ACTION WHILE the one hand, the bill is tough and de- (15 U.S.C. 45). FEDERAL ACTION IS PENDING.—If the Federal (3) MULTIPLE OFFENSES; MITIGATING FAC- Trade Commission has instituted a civil ac- cisive. It gives the Federal Trade Com- TORS.—In assessing the penalty provided by tion or an administrative action for viola- mission the tools to crack down on and subsection (a)— tion of this Act, no State attorney general, punish those companies that would (A) each day of a continuing violation shall or official or agency of a State, may bring an price-gouge American consumers by be considered a separate violation; and action under this subsection during the unscrupulously taking advantage of (B) the court shall take into consideration, pendency of that action against any defend- unique energy shortages and uncon- among other factors, the seriousness of the ant named in the complaint of the Federal scionably raising the price of gasoline violation and the efforts of the person com- Trade Commission or the other agency for on the American consumer. mitting the violation to remedy the harm any violation of this Act alleged in the com- caused by the violation in a timely manner. plaint. On the other hand, the bill explicitly SEC. 4. CRIMINAL PENALTIES. (g) ENFORCEMENT OF STATE LAW.—Nothing takes into account the totality of mar- (a) IN GENERAL.—In addition to any pen- contained in this section shall prohibit an ket forces, both domestic and inter- alty applicable under section 3, any person authorized State official from proceeding in national. H.R. 1252 preserves the abil- who violates section 2 shall be fined under State court to enforce a civil or criminal ity of companies to mitigate against title 18, United States Code— statute of such State. legitimate risks and raise prices as (1) if a corporation, not to exceed SEC. 6. LOW INCOME ENERGY ASSISTANCE. necessary. Simply put, the bill is care- $150,000,000; and Amounts collected in fines and penalties (2) if an individual not to exceed $2,000,000, fully written such that if a company is under section 3 of this Act shall be deposited found liable of price gouging under this or imprisoned for not more than 10 years, or in a separate fund in the treasury to be both. known as the Consumer Relief Trust Fund. act, then they are in fact price (b) ENFORCEMENT.—The criminal penalty To the extent provided for in advance in ap- gouging. It is very difficult to argue provided by subsection (a) may be imposed propriations Acts, the fund shall be used to that we are overreaching or too vague only pursuant to a criminal action brought provide assistance under the Low Income in this bill. by the Attorney General or other officer of Home Energy Assistance Program adminis- As chairman of the Subcommittee on the Department of Justice. tered by the Secretary of Health and Human Commerce, Trade, and Consumer Pro- SEC. 5. ENFORCEMENT AT RETAIL LEVEL BY Services. STATE ATTORNEYS GENERAL. tection, I fully support Mr. STUPAK’s SEC. 7. EFFECT ON OTHER LAWS. (a) IN GENERAL.—A State, as parens bill and its expeditious treatment on patriae, may bring a civil action on behalf of (a) OTHER AUTHORITY OF FEDERAL TRADE the suspension calendar. It is impor- its residents in an appropriate district court COMMISSION.—Nothing in this Act shall be tant for the American people to know of the United States to enforce the provi- construed to limit or affect in any way the Federal Trade Commission’s authority to we are on the ball, and that this ball is sions of section 2(a) of this Act, or to impose moving quickly to address their con- the civil penalties authorized by section bring enforcement actions or take any other 3(b)(1)(B), whenever the attorney general of measure under the Federal Trade Commis- cerns. I urge Members of the House to the State has reason to believe that the in- sion Act (15 U.S.C. 41 et seq.) or any other pass the legislation. terests of the residents of the State have provision of law. Mr. Speaker, I reserve the balance of been or are being threatened or adversely af- (b) STATE LAW.—Nothing in this Act pre- my time. fected by a violation of this Act or a regula- empts any State law. Mr. PENCE. Mr. Speaker, I ask unan- tion under this Act, involving a retail sale. The SPEAKER pro tempore. Pursu- imous consent to control the time of (b) NOTICE.—The State shall serve written ant to the rule, the gentleman from Il- the gentleman from Texas. notice to the Federal Trade Commission of linois (Mr. RUSH) and the gentleman any civil action under subsection (a) prior to The SPEAKER pro tempore. Is there from Texas (Mr. BARTON) each will con- initiating such civil action. The notice shall objection to the request of the gen- include a copy of the complaint to be filed to trol 20 minutes. tleman from Indiana? initiate such civil action, except that if it is The Chair recognizes the gentleman There was no objection. not feasible for the State to provide such from Illinois. Mr. PENCE. I reserve the balance of prior notice, the State shall provide such no- GENERAL LEAVE my time. tice immediately upon instituting such civil Mr. RUSH. Mr. Speaker, I ask unani- Mr. RUSH. Mr. Speaker, I yield 1 action. mous consent that all Members may minute to the gentleman from Wis- (c) AUTHORITY TO INTERVENE.—Upon receiving the notice required by subsection (b), have 5 legislative days to revise and ex- consin (Mr. KAGEN). the Federal Trade Commission may inter- tend their remarks and include extra- Mr. KAGEN. Mr. Speaker, yesterday vene in such civil action and upon inter- neous material on the bill under con- in my hometown of Appleton, Wis- vening— sideration. consin, the price for a gallon of gas hit

VerDate Aug 31 2005 23:59 May 23, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A23MY7.002 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5630 CONGRESSIONAL RECORD — HOUSE May 23, 2007 $3.45. Since President Bush assumed of- those reasons, I urge my colleagues to and there is no reason to step down fice, the price for gas has nearly dou- oppose this bill. from the challenge that is ahead of us bled. Higher prices for gas punish all Mr. RUSH. Mr. Speaker, I yield 1 because of these Republicans. I think Americans, punish small businesses, minute to the gentleman from Con- we can do better, and our history as students, senior citizens, farmers, and necticut (Mr. COURTNEY). Americans show that we will do better even our local, State and Federal Gov- Mr. COURTNEY. Mr. Speaker, I if we have the right leadership. ernments as well. strongly support passage of the Price I urge my colleagues to support the Everybody is asking, why? Why did Gouging Prevention Act, and I com- Federal Price Gouging Protection Act the price at the pump go up even when mend Congressman STUPAK for his because it fulfills America’s promise to the cost per barrel went down? The leadership on this issue. do what Americans can do if they put most likely answer is price gouging In eastern Connecticut, where I come their mind to it, and that is to do bet- somewhere along the supply line, from from, the price of gas has reached its ter and get off this dependency on for- the oil company to the refinery to the highest level in history, $3.26 today, up eign oil. speculators in the options markets who 31 cents from a month ago, and more Mrs. BACHMANN. Mr. Speaker, I re- buy and hold the oil for only a nano- than $1 since February. serve the balance of my time. second. The Government Accountability Of- Mr. RUSH. Mr. Speaker, I reserve the People everywhere want answers, and fice reported on Tuesday that the in- balance of my time. here is what we can do. Today the creasing gasoline prices have cost con- PARLIAMENTARY INQUIRY House will consider the Federal Price sumers an extra $20 billion this year, Mr. STUPAK. Mr. Speaker, par- Gouging Prevention Act. And along and we are only in May. That is a tax liamentary inquiry. with Congressman STUPAK and Con- on consumers. It is a tax on small busi- The SPEAKER pro tempore. The gen- gressman RUSH and others, we will put nesses. It has a ripple effect all tleman will state his parliamentary in- a cop back on the block. What we need throughout our economy. quiry. is effective and active oversight, not And this is not just about driving Mr. STUPAK. Mr. Speaker, if the hide-and-seek politics. over Memorial Day weekend. This is other side has no more Members avail- Let’s take this step together in the about whether or not energy prices are able to speak on this legislation, are right direction. This bill defines what going to cripple the ability of this they not then required under House price gouging is. I urge my colleagues economy to grow and thrive and pros- rules to yield back the balance of their to support H.R. 1252. per. time? Mrs. BACHMANN. Mr. Speaker, I ask It is time to put accountability into The SPEAKER pro tempore. The gen- unanimous consent to claim the time the system. The Stupak bill is not tleman from Illinois will close. for our side. price controls, it is a system to make Mr. STUPAK. Mr. Speaker, what I The SPEAKER pro tempore. Is there sure that the price is a fair one and is asked was if the other side has no more objection to the request of the gentle- justifiable according to market condi- speakers available, can they continue woman from Minnesota? tions. Those are the tools that we are to reserve time, or do they have to There was no objection. giving to the Federal Trade Commis- yield back the balance of their time? Mrs. BACHMANN. Mr. Speaker, I sion. The SPEAKER pro tempore. The gen- yield 2 minutes to the gentleman from Mrs. BACHMANN. Mr. Speaker, I tleman from Illinois may continue to Louisiana (Mr. BOUSTANY). yield 30 seconds to the gentleman from reserve his time. Mr. BOUSTANY. Mr. Speaker, I urge Louisiana (Mr. BOUSTANY). Mr. BARTON of Texas. Mr. Speaker, my colleagues to oppose this bill. Let’s Mr. BOUSTANY. Mr. Speaker, I just I ask unanimous consent to claim the make no mistake about this. The last- want to respond to that. We are dealing balance of time on our side. minute changes don’t improve this leg- with a world energy market, a world The SPEAKER pro tempore. Is there islation. The revisions are simply fig- energy market. This bill basically objection to the request of the gen- leaf changes to provide cover for oil doesn’t seem to understand that prices tleman from Texas? patch Democratic Members who are are set on world markets. Clearly what There was no objection. being strong-armed into voting for this we need to do is understand that aspect Mr. BARTON of Texas. May I inquire bill. of this to craft a meaningful energy as to how much time I have? No matter how much you dress this policy. The SPEAKER pro tempore. The gen- up, this bill is still about price con- That is why investment in tech- tleman from Texas has 18 minutes re- trols. We tried price controls in the nology to come up with a broad range maining. The gentleman from Illinois 1970s, and they didn’t work. It resulted of alternative energy sources is the ap- has 141⁄2 minutes remaining. in mass rationing, long lines at the propriate way to approach this. We Mr. BARTON of Texas. May I further pump, and consumer outrage. History don’t want to go back to the price con- inquire if I am the last speaker? Is Mr. is quite clear on this. trols of the 1970s. RUSH prepared to close? George Mason University economist Mr. RUSH. Mr. Speaker, I yield 1 Mr. RUSH. Mr. Speaker, we have ad- Walter Williams has said: ‘‘Politicians minute to the gentleman from Rhode ditional speakers. of both parties have rushed in to ex- Island (Mr. KENNEDY). Mr. BARTON of Texas. Mr. Speaker, ploit public ignorance and emotion. Mr. KENNEDY. Mr. Speaker, setting I yield myself such time as I may con- But there’s an important downside to new records in the United States is sume. these political attacks on producers. generally associated with achieve- Mr. Speaker, let me first say that it ‘‘What about the next disaster? How ments and innovation. is appropriate that the House bring much sense does it make for producers Unfortunately, this week our Nation this type of legislation in this Congress to make the extra effort to provide hit a new record that most consumers before the body because gasoline prices goods and services if they know they are not celebrating. Gasoline prices are high, and the American public is risk prosecution for charging what were reported to reach nationwide concerned about those high prices, so it might be seen as ‘unconscionable averages of $3.20 or higher. is not inappropriate to consider legisla- prices’?’’ It is not hard to understand these tion of this type. We did it twice in the Mr. Williams is right. prices if you look at the Republican- last Congress, passed an anti-price- The American public deserves better. controlled Congress’ Energy Policy Act gouging bill, once as part of a larger Congress has the responsibility to pass of 2005, which provided billions of dol- energy package and once as a stand- a balanced, comprehensive energy pro- lars to the oil and gas companies while alone piece of legislation. So there is gram that uses innovative technology spending only pennies on renewable ef- nothing inappropriate about bringing to explore and expand our domestic en- forts for fuel that would allow us to get this before the body. ergy supply, to move us towards energy ourselves off the dependency on foreign Having said that, I think it is fair to independence. The last thing we need oil. say that it is inappropriate, at least in to do is to turn back the clock to the As Americans, we do not have a his- my opinion, to bring it before the body failed energy policies of the 1970s. For tory of shying away from a challenge, in the way it has been brought. The bill

VerDate Aug 31 2005 23:59 May 23, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.009 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5631 that is actually before us, I don’t know Now, I wasn’t here to hear Mr. STU- mittee, have some hearings, try to de- how many Members of the majority PAK’s opening statement, and he may velop a little bipartisanship, bring a saw this bill as it is currently config- not have said this, but he said yester- different bill to the floor, and probably ured, but nobody in the minority saw it day in the oversight hearing the price pass with an overwhelming margin. until approximately 2:45 p.m. yesterday of crude oil has dipped slightly. He So I’m going to vote against this bill, afternoon. doesn’t understand why the price of and I’m going to ask that all my col- When I left the Capitol at approxi- gasoline has gone up. And all you have leagues take a serious look at it, vote mately 6:15, it had still not been no- to do is look at the housing market in against it, so we can figure out the ticed that it was going to be on the sus- northern Virginia to get the answer to right thing to do. And the next time we pension calendar this morning. It may that. bring an energy package, don’t just have been noticed and I just didn’t get I had supper last evening with my bring something that’s symbolic to the that notice, but I was told it was up at son who is working at the Department floor. Let’s bring a bill that helps build 10 a.m. this morning, and now it’s 10:45. of Energy. They are living in a home new refineries. Let’s bring a bill that So those of us in the minority have a that’s probably 35 years old. I don’t actually increases the supply. Yes, let’s certain sense of concern that we’ve not know what that home cost brand new bring a bill that might do something to been contacted. We’ve not been asked when it was built, but a good guess limit demand. I think the time has for our input. would be $30–, $40,000. That price at the come to look at some of those bills se- time was based on the cost of construc- riously. b 1045 tion, the cost of the land, fair profit for Let’s bring a package that actually We’ve not been allowed to negotiate, the builder and real estate agent. So might do something, other than rhetor- participate in any shape, form or fash- you could say the cost of that property ical, to bring gasoline prices in the ion. All we’ve been allowed to do is was $30– or $40,000. Well, the people United States back down to levels that come onto the floor, in my case at that own the home have just sold it. It we think are more appropriate. 10:45, and speak on the bill, and at wouldn’t be appropriate to tell the I don’t like to pay 3 dollars or more for gas some point in time, I assume there will exact selling price. My son is renting anymore than our constituents do, but this leg- be a vote on it. it, but it’s over $700,000. islation won’t do a single thing to keep market I did study the bill last evening. I Now, is that price gouging? No. It’s prices down or address the reasons gas have lots of concerns about this bill. I what the market demand for housing prices are rising. What it will do is threaten le- don’t know what ‘‘unconscionably ex- in northern Virginia is. It’s not related gitimate businesses with huge fines and hard- cessive’’ means. It’s not defined in stat- to the cost of the property, it’s related working people with long jail terms. Further- ute. As far as I can tell, it’s not been to the demand for housing in northern more, the bill could quite possibly lead to price defined in any case law. Apparently, Virginia. So those folks have made a controls and 1970s-style gas lines. I oppose it’s going to be determined on a case- nice profit. the legislation before us today for substantive by-case basis. Well, the same thing in the oil indus- reasons, as well as based on the process—or I also asked my staff to check try. Demand for oil is going up in lack of process—that has brought this bill to around, see if there had been price- China, demand for oil is going up in the Floor. gouging lawsuits brought in the var- Europe, demand for oil is going up in First, Mr. Speaker, I want the American pub- ious States. Over half of the States of Asia, demand for oil is going up in the lic to understand how the legislative process our great Union have price-gouging United States, and if you don’t have has broken down in this case. In light of your statutes on the books. We’re aware of more of it, price is going to go up. Is unprecedented intent to remove the minority’s one State, in the State of Kentucky, that price gouging? No. It is what the right to a motion to recommit, it should not the Kentucky Attorney General has ei- market requires to balance limited surprise anyone in this chamber that the bill ther filed a suit or prepared to file a supply with increasing demand. before us has bypassed the Committee of ju- lawsuit in Kentucky. There may be The price of gasoline in the United risdiction—The Energy and Commerce Com- others, but that’s the only one that I States 3 years ago doubled. Demand ac- mittee—to come straight to the House Floor. know of. tually increased 1 percent. Now, even- The Committee did not hold a legislative hear- There’s certainly no systemic out- tually, last time prices got to about $3 ing. The Committee did not hold a mark up. break of price-gouging lawsuits being a gallon demand did dip slightly, sup- The only opportunity my Committee Members filed around the country, and if we ply increased a little bit, price went had to seek input from the Federal regulators really had pandemic price gouging back down. Right before the last elec- with expertise on legislation was yesterday going on, I think the States that have tion, the price in Texas for gasoline got afternoon during an oversight hearing—a price-gouging statutes would be using down to about $1.90 a gallon. Since my hearing in which the Democratic majority did their State statues. They’re not doing friends on the other side have won the not even have a witness testify who rep- that. election and taken over, the price has resents the independent gas stations. It’s real- Why is that? Well, again, I’m not a gone back up to what we see today. Is ly too bad their voice was not heard, because trained economist, but it seems to me it their fault? It is not their fault right the little Mom-and-Pop gas store owner who that what we have is a case of the now. It’s not BOBBY RUSH’s fault, it’s sells 60 percent of the gas in the U.S. could chickens coming home to roost. We not BART STUPAK’s fault, it’s not JOHN go to jail for up to 10 years under this bill if have not done much, if any, on the sup- DINGELL’s fault. It’s not ED MARKEY’s they price their gas wrong. ply side for our oil situation in this fault over there in the corner. Al- On top of my concern for the absence of country in the last 30 years; haven’t though I’m tempted to blame Mr. MAR- certain witnesses at our oversight hearing, a built a refinery, brand new, from KEY, but it wouldn’t be fair. new version of this bill was circulated only scratch, in almost 35 years. We’ve put Demand has gone up and supply has yesterday afternoon. That’s right: we have had almost every place that has any poten- not gone up and the price has gone up, less than 24 hours to review the changes, but tial for new oil development off-limits. and it’s going to keep going up until we we are supposed to vote on it. Mr. Speaker, Can’t drill up in ANWR, Alaska; can’t do something, both on the demand side I thought things were going to be fair in this drill off the coast of California; can’t and the supply side. Congress, but I seem to have been mistaken. drill off the coast of Florida; can’t drill So, is this the worst bill that’s ever The Administration has issued a Statement off the coast of South Carolina, North been on the floor of the House of Rep- of Administration Policy Against this bill. It indi- Carolina; can’t drill off a lot of por- resentatives? No, it’s not. Is it the best cates that it will lead to gas shortages and do tions of the eastern Gulf of Mexico. bill that’s ever been on the floor? No, nothing to help consumers. And funny things happen. As we’ve it’s not. You know, I think it is a On the substance of this legislation, I have kind of sat on our supply haunches and flawed bill. The definitions are not serious concerns that this won’t have the in- not done anything, demand worldwide there. The mitigating factors are not tended effect. The Federal Trade Commission and domestically has gone up, and as there. is the expert on competition policy and has demand goes up, if you don’t have some We would be well-served, since it’s on conducted several studies and investigations ability to increase the supply, sooner the Suspension Calendar, to defeat it, of the oil and gas markets markets. In its most or later that price is going to go up. get 140, 150 votes, then go back to com- recent investigation, the FTC studied each

VerDate Aug 31 2005 23:59 May 23, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 9920 E:\CR\FM\K23MY7.012 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5632 CONGRESSIONAL RECORD — HOUSE May 23, 2007 segment of the industry after Hurricane Texas needs to take a closer look at bill, very similar to my bill, has al- Katrina. Guess what they found? No evidence this bill because his arguments are just ready made it out of committee, and of price manipulation at the refining level. To not true. we expect a vote on it next month. So the contrary, they found a competitive market. Mr. Speaker, I yield 3 minutes to the we can actually bring relief to con- Transportation sector? No evidence of manip- gentleman from Michigan (Mr. STU- sumers now that the Democrats are in ulation. Inventory levels? Again, no evidence PAK). charge. of manipulation. Gasoline futures? You Mr. STUPAK. I thank Mr. RUSH for Today, every Member has a choice. guessed it, Mr. Speaker, no evidence of ma- yielding me time. I’d like to respond to Side with big oil or side with the con- nipulation. the gentleman from Texas and some of sumers who are being ripped off at the What the FTC found was a competitive mar- the claims he made. gas pump. ket that responded to the Katrina crisis by First of all, Democrats have only I’d like to thank Speaker PELOSI for changing their priorities and shipping products been in the majority for 4 months, and her work and leadership in bringing to the areas that needed it. The FTC has stud- we are looking for ways to end this this legislation to the floor, also Chair- ied the issue repeatedly, and has not found pain that motorists are feeling every man DINGELL of the full Energy and any evidence of price increases that were not day when they fill up their car at the Commerce Committee, and his staff for a result of a change in market conditions or gas pump, and that is, to bring forth their help in putting forth a very fine other factors that may affect the price. the price-gouging legislation you see piece of legislation that is much broad- It may surprise Members that the FTC is op- before us. er in scope than what we voted on last posed to a Federal price gouging law. Why? Now, Mr. BARTON says we should not year, has stronger penalties and will Because they’re concerned that it could do pass this for this reason or that reason. truly give the American people relief more harm to consumers than good. The Sec- These are just excuses. He complains at the pump. retary of the Department of Energy opposes it, about the process. With all due respect, Before Members leave for the Memo- as well as the National Association of Conven- we learned the process from Mr. BAR- rial Day recess, vote to provide your ience Stores, the U.S. Chamber of Commerce, TON. constituents with some relief at the the Society of Independent Gas Marketers of Last year, they brought forth a gas gas pump. Vote for H.R. 1252. America, the American Petroleum Institute, price bill, was introduced on Tuesday, Mr. BARTON of Texas. Mr. Speaker, and just about every economist who knows May 2, 2006. Wednesday, May 3, 2006, we how much time do we have on this that price controls harm consumers when they voted on it. We never saw it. This bill side? cause shortages. What is better, higher-priced has been around for over a year. So The SPEAKER pro tempore. The gen- gas, or no gas at all? let’s stop the excuses. American people tleman from Texas has 9 minutes re- Mr. Speaker, I agree with the sponsor of don’t want arguments about what proc- maining, and the gentleman from Illi- this bill that people who take unfair advantage ess. They want relief at the pump, and nois has 11 minutes remaining. of others should be punished. But we already that’s what we’re doing. Mr. BARTON of Texas. Mr. Speaker, have laws on the books to address those Lookit, today Members of the House I yield 2 minutes to the gentleman issues at the Federal and state level. Now we have a very simple choice. Vote to from Arizona (Mr. SHADEGG), a member are going to add a Federal standard to the stand up with consumers, your con- of the committee. patchwork of state laws for gouging—a term stituents, who are paying record gaso- Mr. SHADEGG. Mr. Speaker, I thank which has no legal or economic meaning. I line prices, nationwide average, record the gentleman for yielding and I rise in believe it is unnecessary and fear it will return prices, or vote to protect big oil compa- opposition to this legislation, but I us to the 1970s gas shortages. No retailer will nies’ enormous profits. compliment my colleague, the gen- want to supply the market at a higher price My bill, H.R. 1252, which has over 120 tleman from Michigan (Mr. STUPAK). and risk being fined millions and going to jail bipartisan cosponsors, would give the He has, in fact, worked diligently on for years. And what wholesaler will risk $150 Federal Trade Commission the explicit this issue, and I join him in my con- million in fines and possible jail time if they authority to investigate and punish cern about prices that are charged to raise their price more than a competitor? those who artificially inflate the price the American people. Indeed, he just Mr. Speaker, I know many here would like of energy. The bill would provide a indicated he would very much like to to go home to their constituents over Memorial clear, enforceable definition of price see relief at the pump, and so would I. Day recess with a gas price gouging bill rather gouging; focus enforcement on the I happen to drive a Ford F–250, which than address substantive Federal Energy Pol- worst offenders, especially companies does not get good gas mileage, and I, icy that might actually address the factors that sell more than a half billion dol- along with others, would like to see re- causing gasoline prices to rise. Republicans lars a year of gasoline. We strengthen lief at the pump. I certainly commend were able to pass many energy-related bills penalties, both criminal and civil, with all those who are cosponsors of this when we were in the Majority, though Demo- up to triple damage for those who legislation as having good intentions. crats in the House and Senate voted against would price-gouge us; and direct the My concern, however, is that it will almost every piece of legislation that would penalties collected to go into the Low not achieve that result. The reality is have increased our domestic energy supply. I can understand a visitor to California might Income Home Energy Assistance Pro- we do have very high gas prices, and we suspect they are being gouged at the pump gram. have prices that have gone up dramati- when they fill up in San Francisco for upwards Congress must pass without any cally in just the recent few months. We of $4 a gallon, but that is just a result of the more excuses this legislation. Today’s all want to know the answer for that, Federal, State and Local taxes and other state legislation is truly a first step in ad- and I’ve spent some time trying to look fuel requirements. If something is broken, Mr. dressing the outrageous prices we’re at it. Speaker, it is not the free market. This Con- seeing at the gas pump. Unfortunately, I don’t see evidence gress must act to increase domestic supply of We’ll be working to protect con- that there is price gouging and that gasoline, not enact feel-good legislation that is sumers from high natural gas prices. high gas prices are a result of price ill-conceived and ineffective. We’ve introduced the Prevent Unfair gouging. What I see is that they are Mr. Speaker, I reserve the balance of Manipulation of Prices legislation to the result of policies of this govern- my time. improve the oversight of energy trad- ment, and it seems to me that we Mr. RUSH. Mr. Speaker, I want to re- ing in this country, and I hope we can ought to be looking at the policies of mind my friend from Texas that he move this legislation later this year. this government. should take a closer look at the bill. Last year, the House of Representa- For example, we as a Nation, this The bill explicitly takes into account tives actually voted on a weaker bill, Congress, have imposed a tariff on im- market conditions, both domestic and on May 3 as I indicated, brought forth ported ethanol. We could bring in eth- international. The bill has two pages of by Republicans on price gouging. We anol produced in other countries at a mitigating factors. If the costs go up, passed that bill under suspension, like dramatically lower price than the eth- and they are going up, this bill allows we are today, 389–34. The Senate didn’t anol we’re producing in this country companies to capture the costs. do anything with it. today, but instead, we tax that ethanol And I would have to just conclude, I’m proud to announce that since the and make it even higher priced. Last Mr. Speaker, that my friend from Democrats are in charge, the Senate year, when the prices went up, I voted

VerDate Aug 31 2005 23:59 May 23, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A23MY7.004 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5633 against price-gouging legislation, but I have the Federal Government getting of these that are the local gathering dropped my own bill to suspend that in on the side of the consumers. It’s spot. These are not people that are tariff so that we could take advantage just a matter of supply and demand. going to gouge their neighbors. of lower-priced ethanol. Unfortunately, That’s what the Republicans are argu- You know, I know it is tempting to the Congress didn’t move in that direc- ing. Don’t interfere with the free mar- react to constituents’ frustration with tion. ket, even if it goes up to $3.20 a gallon high gas prices. We are all frustrated Two years ago, I went to the com- for gasoline, $3.80 a gallon for gasoline, with that. But the way to do it is not modities market in New York, and $4 a gallon for gasoline. Don’t let the passing a hastily drafted price-control they told me the problem with gasoline Federal Government help out the con- legislation. We should be focused on prices is refineries. We do have a lack sumer. the real problem and work for real re- of refineries in this country, and I’ve You know what? The Republicans are sults on this issue. That is what our dropped legislation to encourage the right. It is a matter of supply and de- constituents want. construction of more refineries. I think mand. Consumers are forced to supply H.R. 1252 is not going to give us the there is concern that the refinery in- whatever money the oil companies de- real results. What we are going to see dustry is holding the capacity of those mand from the consumers. The oil is a turn-back to energy policy, back to refineries right at the edge so the companies have the consumer over a the Jimmy Carter era. It is a clumsy prices can be the highest possible. barrel, a barrel of oil that the oil com- attempt, I think, to punish bad actors But one of the issues you hear is that panies control and that they price. who take advantage of the public. But part of the reason gasoline prices are They price it wherever they want to the bill adopts some vague language, so high right now is because of the con- put it. employs some heavy-handed criminal version from winter gas to summer gas. They tip the consumer upside down, penalties, some unenforceable civil That conversion is compelled by gov- the oil companies do, and they shake penalties that no small business owner ernment regulations which drive up the money out of the pockets of consumers could afford. cost and by government regulations at the pump. The Christians had a bet- I do think it’s a little bit of legisla- which spell out precisely how it must ter chance against the lions than the tive overkill, and some people would be done and that they must draw down consumer has against the oil compa- call it unconscionably excessive. They supplies. nies at the pumps in the United States are entitled to that point. It was my It seems to me, before we start tam- today. hope that Congress would go through pering with the free market, which has All we are saying is let’s give the regular order, would address some of served us so well, and before we start Federal Government a sword to get the issues pertaining to this Nation’s passing very wide ranging legislation into the battle in the arena on behalf energy policy, and look for some real of this type, we have to make a deci- of the consumers in America. And the solutions to the root problem. sion. Do we want the government to Republicans are saying, we don’t want Mr. RUSH. Mr. Speaker, I yield 10 regulate prices? Do we want a huge to arm the Federal Trade Commission seconds to the gentleman from Michi- new bureaucracy in there looking at a so they can help the consumers so that gan (Mr. STUPAK). poor mom-and-pop gas station to see if they are not tipped upside down. It is Mr. STUPAK. In response to the last they raise prices? Or do we want to clear that high gas prices are hitting speaker, this bill does not target mom- look at the policies of this government families hard, but they are also causing and-pop grocery stores. You have to which have held down supply and our economy to stall and to sputter sell half a billion dollars of gasoline which have not met demand? like a jalopy. products. It seems to me this is simple and The bill before us today addresses Secondly, the record high prices of straightforward. I understand the urge one potential cause of high prices: oil that we are seeing was not under to do it, but the problem is, if we em- price gouging by the oil companies. It Jimmy Carter. It was under Ronald power a massive new government bu- sends a signal to oil companies that Reagan in 1981. reaucracy, we will not get relief at the there will now be a regulator out there Mr. BARTON of Texas. Mr. Speaker, pump which Mr. STUPAK wants and that has been empowered to take ac- I yield 2 minutes to Congressman MUR- which I’d like to see. We will indeed tion when unconscionably high prices PHY of Pennsylvania, a member of the just create a large bureaucracy. are being charged. committee. The free market, I don’t think so. I Mr. TIM MURPHY of Pennsylvania. I b 1100 think that when we look at this oil thank the gentleman. In my home State of Arizona, we market, we understand that the con- One of the things that’s important to have tried this. We have had attorney sumer is at the whim of the oil compa- keep in mind is why are gasoline prices general after attorney general, even in nies. what they are, and it is not the re- my tenure, when I was in the attorney Mr. BARTON of Texas. Mr. Speaker, tailer. When we look at what has hap- general’s office, we investigated price I yield 2 minutes to a member of the pened to prices over all, let’s keep in gouging and could not find evidence of committee, Mrs. BLACKBURN of Ten- mind that we have become more and it. Let’s look at the market forces that nessee. more dependent upon other nations. are causing these high prices. I urge Mrs. BLACKBURN. I thank the gen- When we look at what’s contributed to my colleagues to oppose the bill. tleman from Texas. costs, look at this: Crude oil costs are Mr. RUSH. Mr. Speaker, I yield 3 Mr. Speaker, I do rise today in oppo- 56 percent of the price; taxes are 18 per- minutes to the gentleman from Massa- sition to this legislation, because I cer- cent of the price; refining nearly 17 per- chusetts (Mr. MARKEY). tainly feel that it is going to increase cent of the price; distribution and mar- Mr. MARKEY. I thank the gentleman the cost of gasoline to the American keting, nearly 9 percent of the price. from Illinois, and for his leadership on people. H.R. 1252 does purport to crack What has happened with regard to this bill, and the gentleman from down on price gouging and market- crude oil prices, they have doubled Michigan. The bill before us today place manipulation by integrated large since 2004, they have tripled since 2001, would give the Federal Trade Commis- oil companies. Yet that is not what and they have gone up over 600 percent sion the authority to investigate and this legislation is going to do. since the 1980s. punish wholesale or retail sale of gaso- We had a hearing in committee about But what has happened, as the cost of line or other petroleum distillates at it yesterday, and I wish, indeed, that a barrel of oil has gone from $11 a bar- prices that are unconscionably exces- we were going to have the bill before us rel to over $70 a barrel, is Congress has sive or take unfair advantage of con- for a markup. What I find in this piece continually stood in the way of trying sumers during any presidentially de- of legislation is that it will put a tar- to come up with more sources. We have clared national or regional energy get on the back of every small business abundant supplies. We have the Atlan- emergency. owner who runs and operates a neigh- tic coast, the gulf coast, the Pacific Now, we hear from the Republicans, borhood convenience store, a filling coast, the western States and Alaska. don’t interfere in the free market. station or a truck stop. As I said in our Whenever those come up for a vote, Don’t touch the free market. Don’t hearing yesterday, there are so many Congress shuts it down. Over 90 percent

VerDate Aug 31 2005 00:48 May 24, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.056 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5634 CONGRESSIONAL RECORD — HOUSE May 23, 2007 of Federal lands are off-limits to exit negatively impacts every part of our and the Commissioner of the Federal ploring for the vast supplies of oil we economy. Trade Commission actually came and have there. That’s why I am here today to show testified. On page 12 of his testimony, We have shut off some of our other my strong support for the Federal footnote number 24, I would like to sources, and some are still trying to do Price Gouging Prevention Act. This quote the following: The statute man- that with regard to using coal as an- bill, authored by my friend Mr. STUPAK dating post-Katrina price investigation other energy source. We have not fund- and others, would give the Federal effectively defined price gouging as an ed fully the things we need to do for Trade Commission the authority to average price of gasoline available for hydrogen fuel cell. We have not gone crack down on the people who price sale to the public that exceeded its av- far enough with conservation, with our gouge. This bill is an excellent step in erage price in the area for the month automobiles, with reducing homeowner the short term because it protects con- before the event, unless the increase uses. sumers and gives the government the was substantially attributable to addi- So between these issues of explo- teeth it needs to go after market ma- tional costs in connection with produc- ration, conservation, diversification, nipulators. tion, transportation, delivery and sale we have not taken the steps we need to In the long term, we are only going of gasoline in that area, or to national do to truly reduce energy costs. It con- to solve this problem by moving to- or international markets. cerns me greatly that we are moving wards energy independence. American When questioned yesterday, Commis- forward to blaming the retailer when families can no longer afford to rely sioner Kovacic said, We’ve used it. We we ought to be looking to blame our- exclusively on oil for their energy have the definition. selves. After all, if we have supplies of needs. We all know that investing in My legislation makes it clear to take oil in the gulf coast, which we set off- alternative fuel sources is vital to our these factors into consideration when limits to ourselves, and, yet, we let national security and to our economy. you determine whether price gouging is Cuba explore for them, something is Being energy-independent is a goal going on: How much did it cost deliv- terribly wrong. that many of us have been talking ered at transportation? What was the I hope that what this Congress does about and working on for many years. bill of sale from the supplier. These are is work more towards energy independ- That goal has never been more impor- factors in the legislation. ence and recognize that it’s changing tant than it is right now. But today is The FTC clearly understands it. the way we explore for oil and making the time we need to make changes that Members of the House should be able to sure that we do much more for diver- will reduce gas prices for American understand it. Vote ‘‘yes’’ on H.R. 1252. sification of our sources and conserving consumers now, and in the future let’s Mr. BARTON of Texas. Mr. Speaker, our huge energy waste in this country. work towards energy independence. we have two speakers. I think we have That is what is going to lower the Mr. BARTON of Texas. Mr. Speaker, 2 minutes. prices of gasoline. I yield 1 minute to a member of the The SPEAKER pro tempore. The gen- Until we make this commitment as a committee, Congressman BURGESS of tleman from Texas has 1 minute re- Nation, and until we make this com- Texas. maining. mitment as a Congress, we will not see Mr. BURGESS. I thank the gen- Mr. BARTON of Texas. One minute these prices go down. tleman for yielding. remaining. Then we have one speaker Mr. RUSH. Mr. Speaker, may I in- Mr. Speaker, I have grave concerns left. quire how much time we have remain- about the bill before us today, specifi- I yield the balance of the time on the ing? cally the lack of clarity in defining minority side to the distinguished mi- The SPEAKER pro tempore. The gen- ‘‘unconscionable.’’ I believe this term nority whip, who is a member of the tleman from Illinois has 73⁄4 minutes to be ambiguous, and, in fact, could committee, on leave, Mr. BLUNT of Mis- remaining. lead to severe supply shortages in souri. Mr. RUSH. Mr. Speaker, I yield 2 times of national emergency. 1115 minutes to the gentleman from Florida Under this proposal, a gasoline sta- b (Mr. KLEIN). tion owner could receive civil and Mr. BLUNT. I thank the gentleman Mr. KLEIN of Florida. I thank the criminal penalties totaling $5 million for yielding and for his hard work on gentleman for the time and thank you and 10 years in prison for charging ‘‘un- these issues, and I also appreciate my for the opportunity to speak to this conscionable’’ prices. Yet there is no colleagues from the committee. But I very important issue. clear definition for what is unconscion- am here to say to my friends that, as Mr. Speaker, the rising cost of gaso- able. we look at this bill, I don’t know what line is causing huge problems for fami- To add insult to injury, if a station this bill does because the bill is so un- lies throughout south Florida, which I owner were to charge less than the clear. It didn’t go through our com- represent, and certainly throughout market price, he could also be subject mittee. Like the other legislation we the whole country. In south Florida a to charges of undercutting the market. passed in this Congress, it is not likely gallon of gasoline is well over $3.25 and Were I a gasoline station owner in a to become law. I believe we have put rising. In fact, there is gas even at $3.59 time of crisis, I likely would shut down around 21 bills on the President’s desk per gallon in my local area. my pumps and sell Snickers bars and so far this year, a dozen of them to What is the excuse this time? Is it Coca-Colas and try to make money name post offices. And the reason for disruptions of oil in the Middle East? that way. that is all of the bills we passed in the Not that I am aware of. I haven’t I am not defending those who would House don’t create a result, they don’t heard. Hurricane damage to refineries? charge unfairly. I firmly believe, and, create law. No, again. How about the summer driv- in fact, in my home State of Texas, we Let me just refer to one thing. It ing season? Seems to me this is May. have a strong antigouging price statute says you can’t sell fuel in an emer- So, again, no excuses, no excuses, but already on the books. If it is deter- gency situation at a price that is, (a), we just hear more and more excuses mined that illegal pricing has oc- ‘‘unconscionably excessive.’’ Of course from oil companies that it’s the driv- curred, the individuals should be pros- you shouldn’t do that. We shouldn’t ers, it’s this or that. ecuted to the fullest extent of the law. allow that. But we should define what Yes, there are a lot of answers here, But let’s be sure we do not create a that means. but let’s focus on where the market climate which causes business owners One of the supporters of the bill has manipulation is going on. to stop selling gasoline at a time in cri- told me, well, every court will decide In my area, tourism drives the econ- sis when we so clearly will need those what that means. I have got to tell omy. When gas prices go up, the first resources. you, the mom-and-pop grocery and gas- thing families do is they stay within Mr. RUSH. Mr. Speaker, I yield 1 oline station owner can’t wonder what their budget and cut back on their va- minute to the gentleman from Michi- every court is going to decide. cations, vacations that many times are gan (Mr. STUPAK). This bill is unclear. It needs work. It planned to Florida. When gas prices go Mr. STUPAK. Mr. Speaker, yesterday puts an undue hardship on people that up, families and businesses feel it, and we had a hearing on gas price gouging, are trying to make a living running a

VerDate Aug 31 2005 00:48 May 24, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.017 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5635 service station, and I urge my col- In sum, Mr. Speaker, this bill is intended to Countries, OPEC. This served as a wake-up leagues to oppose it. prohibit grossly excessive, pernicious, and call for the United States to begin taking Mr. RUSH. Mr. Speaker, I yield my- predatory increases in the price of gasoline measures to decrease our dependence on for- self the balance of my time. during emergencies—but not to prevent or dis- eign oil. I refuse to continue to allow OPEC, Mr. Speaker, the opponents of this courage fair and reasonable responses to un- which accounts for 65 percent of internation- bill, my friends on the other side of the usual market conditions. ally traded oil, to continue to dictate our Na- aisle, are asking for this Congress to Mr. LEVIN. Mr. Speaker, as a cosponsor of tion’s gas prices. Antitrust laws must be put wait until a more perfect time, a more H.R. 1252, I rise in support of the Federal into action and greedy oil exporters need to be perfect time to help the American con- Price Gouging Prevention Act, and urge its held accountable. sumer out. passage by the House. I am pleased that we voted yesterday to Mr. Speaker, I want to remind my Gasoline prices are now at record highs. In pass H.R. 2264, which authorizes the Justice friends on the other side of the aisle my home state of Michigan, the average price Department to take legal action against OPEC that the American people are suffering of regular gas is $3.47 a gallon—a full 66 state-controlled entities who conspire to limit right now, and they are demanding this cents a gallon higher than it was at this time supply or fix the price of oil. Congress to take action right now. last year. According to the General Accounting I also believe that building a diverse energy There can never be a more perfect Office, the rise in gasoline prices this year has portfolio which focuses on renewable, home- time for this Congress to take action. drained consumers of an extra $20 billion. The grown energy sources like ethanol, biodiesel, Now is the time to take action. Now is six largest oil companies announced $30 bil- as well as wind, solar, hydro-power and clean- the time, Mr. Speaker. lion in profits over the first three months of coal technologies is a critical step toward en- Mr. Speaker, I just want to just in- 2007 alone. This is on top of the $125 billion ergy independence, which will bring down form my colleagues that scare tactics in profits they racked up last year. prices, and clean up our environment. will not work this time. If they will The other side says that we should do noth- The Federal Price Gouging Prevention Act look at this bill, they will see that ing. They say that it’s a world market for oil, is a critical first step in addressing sky- scare tactics are nowhere in this bill. and therefore something we cannot control. rocketing energy costs and I urge all my col- This bill is a scalpel, it is not a meat How then do they explain that the cost of gas- leagues to support the bill. axe. This bill carefully speaks to the oline has been rising even in the face of falling Mr. WELDON of Florida. Mr. Speaker, I rise issues that the American people face. world oil prices? We must face the fact that in opposition to price gouging. This bill is carefully crafted to take there is something wrong in the distribution The good news for Florida consumers is into account market conditions, ex- chain, especially during times of energy emer- that the state of Florida already has the ability plicitly listing those mitigating factors gencies such as when Hurricane Katrina hit to protect consumers from price gouging. that will spur the FTC into action. the Gulf Coast. As a first step in attacking the Any company that gouges should be problem, we need to give the Federal Trade Florida law finds that gouging has occurred sought out, should be identified, should Commission the explicit authority to inves- when a commodity’s price represents a ‘‘gross be brought before justice, should be tigate and punish those who artificially inflate disparity’’ from the average price of that com- brought before the American people in the price of gasoline. modity during the 30 days immediately prior to the form of the Federal Trade Commis- The oil companies oppose this bill. The the declared emergency. This applies unless sion. A company will be found guilty of White House also has indicated that the Presi- the increase is attributable to additional costs price gouging under this bill only, and dent may veto the bill. With all due resect, we incurred by the seller or to national or inter- I repeat, only if they engage in uncon- work for our constituents, not the oil compa- national market trends. In fact, Florida law en- scionable pricing. We do not suspend nies and not the White House. I urge the forcement fully investigated over 58 cases of free markets nor do we suspend the House to stand with consumers and vote for alleged gouging after Tropical Storm Rita. laws of supply and demand. this needed legislation. Violators of Florida’s anti-gouging law are Mr. Speaker, again, the American Mr. HARE Mr. Speaker, I rise today in subject to civil penalties of $1,000 per viola- consumers need us to act, they want us strong support of H.R 1252, the Federal Price tion. In 2005, the State of Florida enacted to act, they demand that we do act. Gouging Prevention Act. I am proud to be an criminal penalties for those who engage in Now is the time. Now is the time for us original cosponsor of this important piece of price gouging. to act. I ask Members of this Congress legislation. In addition to the protections that Florida to vote in favor of this bill. Oil prices are continuing to skyrocket, in- consumers already have in place through Mr. DINGELL. Mr. Speaker, H.R. 1252 is increasing the burden on American families, State law enforcement, the Federal Trade tended to stop and punish unscrupulous gaso- small businesses, and individuals who rely on Commission has the authority to investigate line price gougers. The bill empowers the Fed- their vehicles for their livelihood. Every day I and bring charges against those that engage eral Trade Commission to go after gougers at hear from troubled constituents who are pay- in price gouging. all levels of the gasoline distribution chain and ing over $3.00 per gallon at the pump. Con- In a significant departure from previous leg- to impose stiff penalties on violators. It also stituents like Richard Benefiel, a small busi- islation addressing this issue, Floridians who provides authority for the States to go after re- ness owner who called me yesterday out of are gouged would not receive a rebate. In- tail price gougers under Federal law. desperation explaining he would have to shut stead, H.R. 1252 would direct any fines col- The bill is not, however, intended to prohibit down his shipping operation in less than 30 lected from gougers to a program that largely all increases in price—only those increases days unless relief was provided. On the other benefits the Northeast and the Midwest. Pre- that grossly exceed the supplier’s earlier hand, Exxon-Mobil raked in $9.3 billion be- vious legislation on this matter directed that prices and competitors’ prices and that do not tween January and March—its best first quar- any fines collected from price gouging be re- reflect reasonable responses to an emergency ter in history. This is unacceptable. turned to the State where the gouging oc- situation. The bill before us today is a much needed curred so that the consumers could be reim- This bill would not prohibit a seller from rais- step toward addressing market manipulation bursed. H.R. 1252, however, directs that all of ing prices to compensate for extra risks, such by Big Oil and the egregious impact it has on these funds instead be placed in the Low In- as staying open while a hurricane is bearing the American consumer. The Federal Price come Home Energy Assistance, LIHEAP, down, traveling outside an affected area to se- Gouging Prevention Act provides the Federal fund. Unfortunately for the residents of Florida, cure additional supplies and transport them to Trade Commission with new authority to in- this is a fund that they get little benefit from. people in need, or postponing regular mainte- vestigate and prosecute energy companies The primary beneficiaries LIHEAP grants are nance to increase output during an emer- who engage in predatory pricing, market ma- those living in the Northeast and Midwest. gency. These are all efforts that ameliorate a nipulation, and other unfair practices, with an While New York and Florida have populations dire situation and the bill is not intended to emphasis on those who profit most, thereby that are nearly equal, New York received 10 discourage them. providing immediate and much needed relief times the amount of LIHEAP money that Flor- Finally, the bill would permit suppliers to to consumers. ida received ($247 million for New York vs. reasonably factor in other local, regional, na- Yet, this is only the first step in bringing $26 million for Florida). Other large bene- tional, and international market developments down energy costs. Last year, our Nation hit ficiaries include: New York, Michigan, New in the quickly-changing and uncertain market its highest dependence on foreign oil, import- Jersey, Pennsylvania, Ohio, Wisconsin, and Il- conditions characteristic of energy emergency ing 771,000 barrels daily from Saudi Arabia linois. In fact, on a per capita basis, no state situations. and other Organization of Petroleum Exporting does worse than Florida when it comes to

VerDate Aug 31 2005 00:48 May 24, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 9920 E:\CR\FM\K23MY7.019 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5636 CONGRESSIONAL RECORD — HOUSE May 23, 2007 LIHEAP. The bottom line is that if Florida con- My district is currently experiencing some of Since President Bush took office, gas prices sumers get gouged, those living in the North- the highest gas prices in its history. In several have more than doubled, and previous Con- east and the Midwest get the rebate. towns in my district, my constituents are pay- gresses have failed to protect consumers from This bill is more about show than about sub- ing prices as high as $3.49 per gallon to fill price increases. For the first time in years, stance. Even the comprehensive investigation their tanks. Congress has begun exercising its oversight by the Federal Trade Commission, FTC, in the The price of gas is a crippling figure for the responsibilities. This is important given that aftermath of hurricane’s Katrina and Rita people of Southeastern Ohio who depend on the six largest oil companies made $30 billion found no gouging or anti-trust violations. their cars and trucks for transportation. Work- in profits for the first quarter of 2007, on top The real driver of price for gas is the growing families frequently commute long distances of the $125 billion in record profits for 2006. ing global demand for energy. The rapid to reach their places of employment. For these I urge my colleagues to vote for this bill, growth in the worldwide demand for crude oil families, the rise in gas prices is essentially an which aims to reduce the burden of high en- is being driven primarily by economic growth undeserved pay cut. ergy costs on American families and busi- in China, India and the United States. The farmers in my district also face the nesses, build on efforts to increase energy ef- Ironically, during a Congressional hearing challenge of fueling their equipment on which ficiency, lessen our dependence on foreign oil, on this bill, the proponents of the bill offered they depend to make their modest profits. and cut greenhouse gas emissions in the some bizarre testimony. When asked if the oil I fear most for the fate of my district’s retired longer term. companies were engaging in collusion—which and elderly populations. Most of these individ- The SPEAKER pro tempore. The is already illegal—a proponent of the bill of- uals are on a fixed income that already limits question is on the motion offered by fered that what was being engaged in is ‘‘con- their ability to pay for the prescription drugs the gentleman from Illinois (Mr. RUSH) scious parallelism.’’ He then offered that you and medical visits they need. The rising price that the House suspend the rules and cannot prove ‘‘conscious parallelism’’ in court, of gas places them only further into a bind and pass the bill, H.R. 1252, as amended. so this bill does virtually nothing to address forces them to make decisions that no Amer- The question was taken. that. Another advocate for the price-gouging ican should ever face. The SPEAKER pro tempore. In the bill testified before the committee that ‘‘drilling I co-sponsored H.R. 1252 because I believe opinion of the Chair, two-thirds being [for oil] will do nothing to lower the price of it is time for Congress to intervene on behalf in the affirmative, the ayes have it. oil.’’ I am concerned that these individuals are of working Americans. This common-sense Mr. BARTON of Texas. Mr. Speaker, so dedicated to an ideology that they defy legislation simply ensures that oil companies on that I demand the yeas and nays. common sense. play by the rules and offer consumers a fair The yeas and nays were ordered. The most important thing we can do to price for gas, not one that takes advantage of The SPEAKER pro tempore. Pursu- lower the price of gas for American consumers circumstances. ant to clause 8 of rule XX and the and to ensure our energy independence is to I am a firm believer in the power of the mar- Chair’s prior announcement, further expand domestic energy production, expand ketplace to deliver the best possible services proceedings on this question will be refining capacity in the U.S. by reducing ex- to American consumers. Free markets drive postponed. cessive burdens, encouraging more nuclear our economy and make it the most powerful in power, fostering the development of renew- the world. However, when companies don’t f able energy, and encouraging conservation. play by the rules, they must be punished be- PROVIDING EXCEPTION TO LIMIT Unfortunately, it took us 12 years to end the cause it is the consumer that ultimately suf- ON MEDICARE RECIPROCAL Democrat filibuster that kept America from de- fers. BILLING ARRANGEMENTS I believe that passage of this legislation of- veloping more oil and gas off the Outer Conti- Mr. PALLONE. Mr. Speaker, I move fers important protections to the people of my nental Shelf, OCS. Last year we were suc- to suspend the rules and pass the bill cessful in opening a small portion of the OCS district in their daily battle with the price of gas. I encourage my colleagues to lend their (H.R. 2429) to amend title XVIII of the to oil and gas recovery, and I hope that we Social Security Act to provide an ex- can build on that success. Also, last year we support as well. ception to the 60-day limit on Medicare secured passage of legislation that allows for Ms. HIRONO. Mr. Speaker, I rise in support reciprocal billing arrangements be- greater production of oil and gas from Federal of H.R. 1252, the Federal Price Gouging Pre- tween two physicians during the period lands. Unfortunately, Democrat leaders have vention Act. in which one of the physicians is or- introduced legislation and are holding hearings I am a proud cosponsor of this bill, which dered to active duty as a member of a to close off those sources of domestic energy makes it illegal for any company to sell gaso- reserve component of the Armed production. We streamlined regulations for nu- line at excessive prices or to take advantage Forces. clear power plants, yet Democrats are consid- of market conditions by increasing prices dur- The Clerk read the title of the bill. ering injecting new regulations into the proc- ing an energy crisis. It allows the Federal The text of the bill is as follows: ess. I was also pleased that we were able to Trade Commission and the States’ Attorneys secure passage of renewable energy tax cred- General to bring lawsuits against corporations H.R. 2429 its. I have cosponsored legislation to extend that charge excessive prices for gasoline. The Be it enacted by the Senate and House of Rep- these tax cuts for renewable energy and con- bill also permits investigations of companies resentatives of the United States of America in servation so they are not allowed to expire. suspected of price gouging and requires hon- Congress assembled, The Democrats expression of ‘‘outrage’’ est and accurate reporting of pricing practices. SECTION 1. EXCEPTION TO 60-DAY LIMIT ON In the first month of the 110th Congress, the MEDICARE RECIPROCAL BILLING over gas prices is a bit ironic given that they ARRANGEMENTS IN CASE OF PHYSI- are the ones who have consistently proposed House took away $14 billion in taxpayer sub- CIANS ORDERED TO ACTIVE DUTY IN higher gas taxes, higher energy taxes like the sidies from the oil companies. This money will THE ARMED FORCES. proposed BTU tax, and who are presently be reinvested in alternative, renewable energy (a) IN GENERAL.—Section 1842(b)(6)(D)(iii) moving forward with ‘‘cap and trade’’ global sources. of the Social Security Act (42 U.S.C. warming legislation along the lines of what has Yesterday the House passed a bill by a bi- 1395u(b)(6)(D)(iii)) is amended by inserting after ‘‘of more than 60 days’’ the following: been adopted in Europe. As the Washington partisan 345–72 vote, a bill that authorizes the Justice Department to take legal action ‘‘or are provided (before January 1, 2008) over Post pointed out last month, this cap and a longer continuous period during all of trade system has led German consumers to against OPEC state-controlled entities and which the first physician has been called or pay 25 percent more for electricity than they governments that conspire to limit the supply ordered to active duty as a member of a re- did two years ago, while German utilities are or fix the price of oil. serve component of the Armed Forces’’. making record profits. This higher cost for Hawaii’s consumers pay some of the high- (b) EFFECTIVE DATE.—The amendment electricity has made it difficult for some Euro- est gasoline prices in the Nation. In 1998, the made by subsection (a) shall apply to serv- pean countries to compete with cheaper for- State of Hawaii filed a lawsuit against the ices furnished on or after the date of the en- eign imports, resulting in European workers major oil companies operating in our state. actment of this section. losing their jobs. The lawsuit revealed that 22 percent of an oil The SPEAKER pro tempore. Pursu- The rhetoric simply does not match the poli- company’s nationwide dealer profits came ant to the rule, the gentleman from cies being advocated by the Democrat major- from Hawaii, a state that represented only 3 New Jersey (Mr. PALLONE) and the gen- ity. percent of the market. Clearly, Hawaii’s con- tleman from Texas (Mr. BARTON) each Mr. SPACE. Mr. Speaker, I rise today in sumers were contributing an excessive share will control 20 minutes. support of H.R. 1252, the Federal Price of the company’s profits in relation to market The Chair recognizes the gentleman Gouging Prevention Act. share. from New Jersey.

VerDate Aug 31 2005 00:48 May 24, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A23MY7.010 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5637 GENERAL LEAVE not, then they approve it. Then the vides any real precedent here, because Mr. PALLONE. Mr. Speaker, I ask Speaker of the House or the majority we do have these physicians who are unanimous consent that all Members leader of the House calls the minority going to serve their country in Iraq may have 5 legislative days to revise leader of the House and says, ‘‘We want and we just don’t want them to have a and extend their remarks and include to put this bill on the Suspension Cal- situation where they come back and extraneous material on the bill under endar.’’ And you do it. they don’t have any medical practice. I consideration. Now, we have a bill before us that just don’t think that is fair. The SPEAKER pro tempore. Is there was not even introduced until the I would mention to the ranking mem- objection to the request of the gen- House convened this morning. There ber that if we wanted to make a perma- tleman from New Jersey? has been no hearing, there is no record, nent change in this, we would be sure There was no objection. there has been no phone call. Chairman to spend more time and work with our Mr. PALLONE. I yield myself such DINGELL did not call me yesterday, he Republican colleagues in accom- time as I may consume. did not call me this morning. I don’t plishing that goal. This is a temporary Mr. Speaker, I rise in strong support know if Chairman RANGEL called Rank- measure, and it is just because of the of this legislation. I thank my good ing Member MCCRERY. I do know that circumstances. friend from California (Mr. THOMPSON) NANCY PELOSI or STENY HOYER did not Mr. Speaker, I yield to the gentleman for sponsoring it. This legislation is call JOHN BOEHNER. from California (Mr. THOMPSON) such necessary to ensure that our Nation’s So we are now in a situation, we have time as he may consume. doctors, who are brave enough to serve a little extra time, let’s introduce a Mr. THOMPSON of California. Mr. their country in a time of war, have a bill and pass it in the next 30 minutes. Speaker, I thank the gentleman for medical practice to serve in when they We did not do that when we were in the yielding. come home. majority. Mr. Speaker and Members, this is a Currently, Medicare allows for a phy- Now, this is a good bill. Mr. THOMP- very important bill. There are almost sician who is ordered to active duty as SON and Mr. JOHNSON deserve accolades 3,000 physicians that are serving our a member of a reserve component of for seeing a flaw in the current Social country in the Reserves and the Na- the Armed Forces to enter into a 60- Security law, the Medicare law, and tional Guard. And, as has been pointed day billing arrangement with another rectifying it. That is not the issue. out, when these folks are deployed and physician. These arrangements allow The new majority campaigned on a they leave, just like every other person for physicians to maintain their prac- platform of fairness and openness. Is in the Guard and Reserves that is de- tices while they go off to take care of this fair? Is this open? ployed, they leave their families, they our soldiers in combat. This happens to be a good bill. What leave their businesses at home, and Unfortunately, what we are finding is if it weren’t? What if it weren’t? they go over and they serve their coun- that they are often away longer than 60 The only two Members that really try. But there is just one thing dif- days, which puts them at odds with the know anything about it are the two co- ferent with these doctors; when they current Medicare antifraud rules. This sponsors, and thankfully they are both are deployed, they also leave behind legislation fixes that problem by lift- decent, honorable men, and we have their patients. And these are patients ing the 60-day limit currently in place, read the substance of the bill and it is who depend upon the medical care they and allowing a physician who is called okay. But this is not the way the get from that great American who is to active duty to find a substitute phy- House of Representatives should be now serving his or her country, and sician to watch over his patients for as run. It is just wrong, W-R-O-N-G, these patients can’t go without a doc- long as he or she is deployed. wrong. tor. Mr. Speaker, I reserve the balance of So I support the substance of the bill, The way the rules are now, the physi- my time. but I am adamantly opposed to the cian has to line up someone to take Mr. BARTON of Texas. Mr. Speaker, process. I hope this thing goes on a their patients in their absence, and I yield myself such time as I may con- voice vote. If it is a rollcall vote, I am they can only do this for 60 days. This sume. going to vote ‘‘present’’ and express, doesn’t work. It is bad for the doctors (Mr. BARTON of Texas asked and when I see Mr. DINGELL, in the strong- and it is bad for the patients. What we was given permission to revise and ex- est possible terms how upset I am are trying to do is to waive that 60-day tend his remarks.) about the process. requirement so the physicians can line Mr. BARTON of Texas. Mr. Speaker, Mr. SAM JOHNSON of Texas. Mr. up one doctor to take their Medicare I rise in support of the bill on sub- Speaker, will the gentleman yield? patients while they are serving our stance and in adamant opposition of Mr. BARTON of Texas. I yield to the country in Afghanistan or in Iraq. the process. gentleman from Texas. Now, there is absolutely nothing Mr. SAM JOHNSON of Texas. Let me b 1130 wrong with the substance of this bill. just correct one thing. The staff tells And it’s a temporary measure. It’s It has two distinguished cosponsors, me Mr. RANGEL did call our committee only good through this year. So we can, one in the majority party, one in the yesterday at 10 o’clock in the morning in fact, establish a permanent fix. And minority party. The underlying sub- on this bill. So the Ways and Means this bill has been vetted all through stance is eminently fair, and we are Committee was informed. the different committees, and the Ways not going to ask for a rollcall vote. If Mr. BARTON of Texas. Did he call and Means Committee, both the chair- it passes on a voice vote, so be it. Mr. MCCRERY? man and the ranking member are very But having said that, I want to say in Mr. SAM JOHNSON of Texas. Yes. aware of this bill. And my good friend the strongest possible terms how ex- Mr. BARTON of Texas. Then I stand and committee colleague and war hero tremely disappointed, and I mean ex- corrected. SAM JOHNSON has signed up on this as tremely disappointed, that we have a Mr. Speaker, I reserve the balance of a coauthor, recognizing the plight of bill that is in two committees of juris- my time. both the physicians who are serving, diction, the Ways and Means Com- Mr. PALLONE. Mr. Speaker, I yield and their patients and their practices mittee and the Energy and Commerce myself such time as I may consume. at home. And it’s important that we fix Committee, and the bill had not even Just in response, I understand where this now and then continue to work on been introduced, had not even been in- Mr. BARTON is coming from. But I just the permanent fix so we can make sure troduced until this morning. There was want to point out that we do have bi- that no doctors and no patients who no bill number. partisan support in the House on the are caught in this vise go without med- Now, when you put a bill on the Sus- bill. And it is only a temporary meas- ical care, or doctors, while serving pension Calendar, theoretically the ure that lasts for 1 year and provides their country, lose their practices. majority party, the chairman or chair- immediate relief to these physicians And I just want to say a special men or chairwomen ask the ranking that are going overseas and fighting for thank you to Dr. Bradley Clair of member of the minority party if there the country. It is a very special cir- Lakeport, California, my constituent, is any problem with the bill. If there is cumstance, which I don’t think pro- who brought this to my attention. And

VerDate Aug 31 2005 00:48 May 24, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.021 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5638 CONGRESSIONAL RECORD — HOUSE May 23, 2007 he’s ready to be deployed on his third need an Energy and Commerce Com- I want this House to consider the fact tour. He’ll be going to Iraq. So we need mittee, given that everything appar- that this Iraqi hydrocarbon law con- to fix it for him, for the other doctors, ently comes to the floor without going tains a mere three sentences that gen- and patients who are exposed because through the committee process. erally discusses the so-called fair dis- of this problem. We need to fix it per- But we support the underlying prin- tribution of oil. Except for three scant manently. And this is the first step in ciples of this bill, and we certainly sup- lines, the entire 33-page hydrocarbon doing so. port the patriotism and courage of the law is about creating a complex legal SAM, thank you for your help and two sponsors. structure to facilitate the privatization your friendship on this and other im- Mr. Speaker, I yield back the balance of Iraqi oil. As such, it is imperative portant issues. of my time. that Members of Congress read the Mr. BARTON of Texas. Mr. Speaker, Mr. PALLONE. Mr. Speaker, I would Iraqi Parliament’s bill, because pas- I yield such time as he may consume to just say again, this is a temporary sage of any legislation that includes in- the minority sponsor of this piece of measure. We have these brave men and sisting that the Iraq Government push legislation, the Honorable SAM JOHN- women who are leaving to care for our the passage of a hydrocarbon act puts SON of Plano, Texas. troops in Iraq, we’re in a time of war, this Congress on record to promote Mr. SAM JOHNSON of Texas. Mr. and I think it’s just a very special cir- privatizing Iraq’s oil. Speaker, you know, it’s not every day cumstance right now. So I would urge Now, I have maintained from the be- the House gets to consider a bipartisan, my colleagues on both sides of the aisle ginning that the war has been about commonsense bill that’s affordable. to support passage. oil. We must not be a party to any at- Mr. Speaker, I yield back the balance This doesn’t cost anything and sup- tempt to set the stage for multi- ports our service men and women over- of my time. The SPEAKER pro tempore. The national oil companies to take over seas. However, I’m happy to say this is Iraq’s oil resources. one of those days. question is on the motion offered by Right now the law prevents a Medi- the gentleman from New Jersey (Mr. There have been several benchmarks care physician from leaving his prac- PALLONE) that the House suspend the set by the administration for the Iraqi tice for more than 60 days at a time. rules and pass the bill, H.R. 2429. Government, including passage of a so- And the regulation was created to pre- The question was taken. called hydrocarbon law by the Iraqi vent fraud, but it had the unintended The SPEAKER pro tempore. In the Parliament. Many inside the Beltway effect of making life more difficult for opinion of the Chair, two-thirds being are contemplating linking funding for someone that’s called up to serve his in the affirmative, the ayes have it. the war in Iraq to the completion of Mr. THOMPSON of California. Mr. country. And this bill eliminates the these benchmarks, including passage of Speaker, on that I demand the yeas red tape by allowing our reservists to the hydrocarbon law by the Par- and nays. have one substitute doctor for their en- liament. The yeas and nays were ordered. This administration has led Congress tire deployment. The SPEAKER pro tempore. Pursu- Not only will the bill help our reserv- into thinking that this bill is about ant to clause 8 of rule XX and the fair distribution of oil revenues. In ists, it’ll prevent Medicare bene- Chair’s prior announcement, further ficiaries from experiencing a gap in fact, as I mentioned earlier, except for proceedings on this question will be three scant lines, the entire 33-page hy- service or losing access to care alto- postponed. gether. drocarbon law creates a structure to And I want to thank my colleague f facilitate the privatization of Iraq oil. from California for bringing this prob- QUESTION OF PERSONAL Now, the war in Iraq is a stain on lem to my attention, I’m surprised we PRIVILEGE American history. Let us not further hadn’t had it brought to our attention Mr. KUCINICH. Mr. Speaker, I rise to besmirch our Nation by participating before, and for all the work you and a question of personal privilege under in an outrageous exploitation of a na- your staff have done to get the bill to article IX, clause 1. tion which is in shambles due to the the floor today. The SPEAKER pro tempore. The U.S. intervention. Those who serve our country and Chair has been made aware of a valid Let me provide this House with an their communities need and want our basis for the gentleman’s point of per- analysis of the underlying bill in the assistance, and it’s time we helped our sonal privilege. Iraqi Legislature, which this adminis- weekend warriors who happen to be The gentleman from Ohio is recog- tration is trying to get Congress to doctors to keep their patients and keep nized for 1 hour. pass to pressure the Iraqi Government their practice. This is a great bill, and Mr. KUCINICH. Mr. Speaker, there is to accept privatization. And this anal- I appreciate the time. I thank Mr. an issue of critical importance facing ysis that I’m offering at this moment KUCINICH for providing us the oppor- this Congress, and that issue relates to is a version that passed the Iraqi Cabi- tunity. whether or not this Congress should net and was referred to the Iraqi Par- Mr. PALLONE. Mr. Speaker, I have pass legislation to continue to fund the liament. no further requests for time. I was war in Iraq. The legislation contains only three going to inquire whether my colleague The legislation contains a particular sentences in regards to the fair dis- on the other side does. provision that would lead to the privat- tribution of oil, but does not resolve Mr. BARTON of Texas. No, Mr. ization of Iraq’s oil, a provision that any of the issues facing this challenge. Speaker. I yield myself such time as I I’m quite concerned about, because I The legislation simply requires that fu- may consume briefly. think that if we take that position, it ture legislation be submitted for ap- We support the underlying concept of will make it very difficult for us to proval; thus this legislation does not the bill, and, as I said, if it passes on a ever be able to end the war. voice vote, we won’t ask for a roll call So today I’m going to lay out the even meet the benchmark of the ad- vote. case as to why this provision that’s in ministration. I do stand by what I said, though, in the bill would advance privatization The legislation ensures that ‘‘chief terms of the committee process. We’ve and as to what the options are for this executives of important related petro- got two bills on the suspension cal- Congress. leum companies,’’ follow that now, endar from the Energy and Commerce As many know, the administration ‘‘chief executives of important related Committee. Neither bill had a legisla- has set forth several benchmarks for petroleum companies’’ are represented tive hearing. Neither bill had a markup the Iraqi Government, including the on a Federal Oil and Gas Council, at subcommittee or full committee. passage of a hydrocarbon law by the which approves oil and gas contracts. Neither bill was introduced in its cur- Iraqi Parliament. The administration This is akin to foreign oil companies rent form as of 2:45 yesterday after- has emphasized only a small part of approving their own contracts. noon. Both bills are on the floor today this law, what they call the ‘‘fair dis- This legislation ensures that the on the suspension calendar. That does tribution,’’ that’s in quotes, of oil reve- Iraqi National Oil Company, which is call into question whether we even nues. the oil company of the people of Iraq,

VerDate Aug 31 2005 00:48 May 24, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.024 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5639 has no exclusive rights for the explo- Now, what are others saying about ‘‘The proposal would provide for pro- ration, development, production, trans- this draft Iraqi oil law and what it will duction sharing agreements that would portation and marketing. The Iraq Na- do? Here’s a quote from the Christian give international firms 70 percent of tional Oil Company must compete Science Monitor of May 18, 2007, in an the oil revenues to recover their initial against foreign oil companies with article entitled ‘‘How Will Iraq Share investments and subsequently allow 20 rules that benefit the foreign oil com- the Oil?’’ In the U.S., the demand that percent of the profits without any tax panies. This is for their own oil. Iraq pass an oil law is a benchmark or restrictions on transferring the The legislation gives the Iraqi Na- that is becoming a flash point. Here’s funds abroad.’’ tional Oil Company some control of de- the quote. This from CommonDreams.org, April veloped oil fields and rights to partici- b 1145 18, 2007, entitled ‘‘Time to Do the Math pate in undeveloped oil fields in the in Iraq’’: Annex I and II of the legislation, but ‘‘ ‘The actual law has nothing to do ‘‘The most notable feature of the law these annexes have never been made with sharing oil revenue,’ says former is a revival of exploitive type of con- public, so we don’t know for sure. Iraqi Oil Minister, Issam Al Chalabi, in The legislation gives the Iraq Na- a phone interview from Amman, Jor- tact widely used prior to the rise of tional Oil Company temporary control dan. The law aims to set a framework Arab nationalism in the 1960s, known of the oil pipelines and export termi- for investment by outside oil compa- as a production sharing agreement. Al- nals, but then it directs the Federal Oil nies, including favorable production though the Oil Law uses an alternative and Gas Council, which is run by chief sharing agreements that are typically term, ‘exploration and production con- executives of oil companies, it directs used to reward companies for taking on tract,’ the effect is identical. The new them to turn these assets over to any risk, he says. arrangement would allow the bulk of entity with no further instructions. ‘‘ ‘We know the oil is there. Geologi- Iraq’s reserves to be controlled by out- The opportunity for a foreign oil com- cal studies have been made for decades side oil companies, privatizing what pany to have control over the Iraqi oil on these oil fields; so why would we let until now has been a nationalized re- pipeline and export terminals would them,’’’ that is, the international oil source under the auspices of the Iraq give that company enormous control of companies, ‘‘ ‘have a share of the oil?’ National Oil Company. It specifies the the Iraqi oil market. he adds. ‘Iraqis will say this is solid royalty that will be paid to Iraq: ‘12.5 The legislation demands that con- proof that Americans have staged the percent of gross production, measured tracts, and this is a quote, ‘‘must guar- war . . . because of this law.’’’ at the entry flange to the main pipe- antee the best level of coordination’’ The next quote comes from the Dow line.’ And as if the rest of the law were with the Oil Ministry, Iraqi National Jones Newswires of March 4, 2007, the not already explicit enough, article Oil Company, the regions and oil com- headline: ‘‘Iraq Oil Law Details Un- 35(A) reiterates: ‘Holders of exploration panies. The legislation mandates that touched Fields, Blocks—Document.’’ and production rights may transfer any undeveloped oil fields be developed And the text says: net profits from petroleum operations quickly, and oil companies are given ‘‘Iraq’s draft hydrocarbon law, the to outside Iraq after paying taxes and explicit authority to collaborate. centerpiece in the development of the fees owed.’’’ The legislation does not require con- country’s shaky oil industry, details This, from a publication called tracts to be published for public review dozens of untouched oil fields loaded PLATFORM in 2005, entitled ‘‘Crude for up to 2 months after approval. The with proven reserves and scores of ex- Designs: The Rip-Off of Iraq’s Oil legislation provides for up to 35 years ploration blocks that may prove a Wealth,’’ by Greg Muttitt: of exclusive control over oil fields for magnet to international oil companies, ‘‘At an oil price of $40 per barrel,’’ foreign oil companies. The legislation according to a document seen by Dow and keep in mind that the price of oil provides for a preference to Iraqis for Jones Newswires.’’ is about $65 a barrel right now, heading jobs and services, but only if these ben- In an article from the Dow Jones towards $70 a barrel, but at a ‘‘price of efits do not place extra costs or incon- Newswires again, on March 10, 2007, the $40 a barrel, Iraq stands to lose be- veniences on the foreign oil companies. headline: ‘‘Some Iraqi Politicians Urge tween $74 billion and $194 billion over The legislation states that disputes be- Rejection of Draft Oil Law.’’ Here’s the the lifetime of the proposed contracts. text: tween the State of Iraq and any foreign ‘‘Under the likely terms of the con- ‘‘The law, if passed, is expected to investors shall be submitted for arbi- tracts, oil company rates of returns open the country’s billions of barrels of tration to an international court and from investing in Iraq would range proven oil reserves, the world’s third will not be decided upon by an Iraqi from 42 to 162 percent, far in excess of largest, to foreign investors.’’ court. the usual industry minimum target of This legislation has four appendices From an article from the American around 12 percent return on invest- whose contents remain secret. Annex I, Lawyer, April 25, 2007, ‘‘Our Man in ments.’’ which is secret, regards to present pro- Iraq.’’ Here is the text: ducing fields allocated to the Iraqi Na- ‘‘Under the new law, the Iraq Na- Next, on March 13, 2007, Antonia tional Oil Company; Annex II, discov- tional Oil Company would have exclu- Juhasz, an oil industry analyst in an ered or undeveloped fields allocated to sive control of only about 17 of Iraq’s op-ed contribution, asks: ‘‘Whose Oil is the National Iraqi Oil Company; Annex approximately 80 known oil fields.’’ So it, Anyway?’’ Here is what Antonia III, discovered undeveloped fields out- that number, then, is 17 of Iraq’s ap- Juhasz writes: side the operations of the Iraqi Na- proximately 80 known oil fields. ‘‘The ‘‘Today more than three-quarters of tional Oil Company; and Annex IV, ex- law would also allow the government the world’s oil is owned and controlled ploration areas. These appendices will to negotiate different kinds of explo- by governments. It wasn’t always this effectively make clear which old fields ration and production contracts with way. Until about 35 years ago, the will be controlled by the Iraq National foreign oil companies, including pro- world’s oil was largely in the hands of Oil Company and which are open to for- duction sharing agreements, or PSAs. seven corporations based in the United eign control of oil companies. Energy lawyers favor these because States and Europe. Those seven have And I might add that when you look they allow oil companies to secure since merged into four: ExxonMobil, at this, out of about 98 oil fields, Iraq long-term deals and book oil reserves Chevron, Shell, and BP. They are will have control of approximately 80, as assets on their company balance among the world’s largest and most 81 of those oil fields. Excuse me. The sheets. Under the proposed law, foreign powerful financial empires. But ever foreign oil companies will have control companies would not have to invest since they lost their exclusive control of about 80, 81 of those oil fields, or their earnings in Iraq, hire Iraqi work- of the oil to the governments, the com- over 80 percent of Iraqi oil under this ers, or partner with Iraqi companies.’’ panies have been trying to get it back. agreement will be controlled by foreign Next, from the U.S. Morning Star On- Iraq’s oil reserves, thought to be the oil interests. This is an analysis that line, January 28, 2007, headline: ‘‘Iraqi second largest in the world, have al- I’m offering based on facts that are as- Officials Insist Oil Law Won’t Favor ways been high on the corporate wish certainable. U.S.’’ list. In 1998 Kenneth Derr, then chief

VerDate Aug 31 2005 03:16 May 24, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.026 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5640 CONGRESSIONAL RECORD — HOUSE May 23, 2007 executive of Chevron, told a San Fran- contracts now, while the Iraqi Govern- ing up quickly, as American consumers cisco audience, ‘Iraq possesses huge re- ment is at its weakest, and then wait are finding out. It is not unusual to serves of oil and gas, reserves I’d love at least 2 years before even setting foot predict at this moment that the price Chevron to have access to.’ in the country. The vast majority of of oil could go to $70 a barrel. Now, if ‘‘A new oil law set to go before the Iraq’s oil would then be left under- it does go to $70 a barrel, we are look- Iraqi Parliament this month would, if ground for at least 2 years rather than ing here at a potential value of Iraqi passed, go a long way toward helping being used for the country’s economic oil at being about $21 trillion. Now, if the oil companies achieve their goal. development. the foreign oil companies have control The Iraq hydrocarbon law would take ‘‘The international oil companies over 80 percent or more, you start to the majority of Iraq’s oil out of the ex- could also be offered some of the most get an idea of the kind of money that clusive hands of the Iraqi Government corporate-friendly contracts in the is at stake here and why there is such and open it to international oil compa- world, including what are called pro- pressure being put on the Iraqi Govern- nies for a generation or more. duction sharing agreements. These ment to privatize their oil. ‘‘In March, 2001,’’ continuing to quote agreements are the oil industry’s pre- Now, I would like to turn to a quote from this article, ‘‘the National Energy ferred model but are roundly rejected further talking about the Iraq oil, a Policy Development Group, better by all the top oil producing countries basic fact. This from the Global Policy known as Vice President DICK CHENEY’s in the Middle East because they grant Forum called ‘‘Oil in Iraq: the Heart of energy task force, which included ex- long-term contracts, 20 to 35 years in the Crisis,’’ December, 2002: ecutives of America’s largest energy the case of Iraq’s draft law, and greater ‘‘According to the Oil and Gas Jour- companies, recommended that the control, ownership, and profits to the nal, Western oil companies estimate United States Government support ini- companies than other models. In fact,’’ that they can produce a barrel of Iraqi tiatives by Middle Eastern countries this kind of contract is ‘‘used for only oil for less than a $1.50 and possibly as ‘to open up areas of their energy sec- approximately 12 percent of the world’s little as $1, including all exploration, tors to foreign investment.’ One inva- oil. oil field development and production sion and a great deal of political engi- ‘‘Iraq’s neighbors Iran, Kuwait, and costs and including a 15 percent return. neering . . .’’ later, this is exactly Saudi Arabia maintain nationalized oil b 1200 what the Iraq oil law would achieve. It systems and have outlawed foreign This is similar to production costs in does so to the benefit of oil companies control over oil development. They all Saudi Arabia, and lower than virtually but to the great detriment of Iraq’s hire international oil companies as any country. So again, the desirability economy, democracy, and sovereignty. contractors to provide specific serv- of a private corporation having Iraq’s ‘‘Since the invasion of Iraq, the ad- ices, as needed, for a limited duration oil is that their production costs would ministration has been aggressive in and without giving the foreign com- be very low. shepherding the oil law toward pas- pany any direct interest in the oil pro- A word about the history of oil ex- sage. It is one of the administration’s duced. ploitation in Iraq. Following World benchmarks for the government of ‘‘Iraqis may very well choose to use War I, the British assumed control of Prime Minister Nuri Kamal al-Maliki, the expertise and experience of inter- Iraq from the Ottoman Empire. In 1925, a fact that’’ the administration offi- national oil companies. They are most a 75-year concession contract was cials ‘‘are publicly emphasizing with likely to do so in a manner that best granted to American, French and Brit- increasing urgency.’’ And, that is that serves their needs if they are freed ish oil companies. By 1930, the consor- these are the benchmarks of the ad- from the tremendous external pressure tium was in complete control of all ministration. being exercised by the administration, Iraqi oil. The oil companies controlled ‘‘The administration has highlighted the oil corporations, and the presence the oil fields and reaped almost all the the law’s revenue sharing plan, under of 140,000 members of the American profits. It was not until the overthrow which the central government would military. of the British-installed monarchy in distribute oil revenues throughout the ‘‘Iraq’s five trade union federations, 1958 that the foreign control of oil was nation on a per capita basis. But the representing hundreds of thousands of challenged. In 1961, the consortium’s benefits of this excellent proposal are workers, released a statement opposing rights were limited to current produc- radically undercut by the law’s many the law and rejecting ‘the handing of tion. And beginning in 1972, Iraq oil re- other provisions. These allow much, if control over oil to foreign companies, sources were nationalized, a process not most, of Iraq’s oil revenues to flow which would undermine the sov- that was finalized in 1975. out of the country and into the pockets ereignty of the state and the dignity of Now, here is a statement issued by of international oil companies.’’ the Iraqi people.’ They ask for more the Iraqi Labor Union Leadership at a Continuing quoting from the article: time, less pressure, and a chance at the seminar held in December of 2006 to ‘‘The law would transform Iraq’s oil democracy they have been promised.’’ discuss this draft Iraqi oil law: ‘‘Iraq is industry from a nationalized model Let me share with this House some rich in national wealth, foremost closed to American oil companies, ex- basic facts about Iraqi oil because, over among which is its oil wealth, the es- cept for limited although highly lucra- the past several months, we have had sence of the economic life for Iraq and tive marketing contracts, into a com- many different news agencies citing di- the world, which has been a focus of at- mercial industry.’’ verse reports about how much oil Iraq tention of the large, industrialized So, again, the nationalized model is has. countries in particular. now closed to American companies ex- From the Petroleum Economist Mag- ‘‘The British and American oil com- cept for limited marketing contracts. azine, they estimate that Iraq has 200 panies were the first to obtain conces- It would transform that into a com- billion barrels of oil. The Federation of sions to extract and invest in Iraqi oil mercial industry, all but privatized, American Scientists’ estimate is 215 nearly 80 years ago. After Iraq got rid that is fully open to international com- billion barrels of oil. The Council on of this octopus network, these foreign panies. Foreign Relations estimates Iraq has oil companies had again attempted to ‘‘The Iraq National Oil Company 220 billion barrels of oil. And the Cen- dominate this important oil wealth would have exclusive control of 17 of ter for Global Energy Studies esti- under numerous pretexts and invalid Iraq’s 80 known oil fields, leaving two- mates 300 billion barrels of oil. These excuses.’’ thirds of known and as of yet undis- figures, by the way, from a report from Indeed, Iraqi oil unions have objected covered oil fields open to foreign con- the Brookings Institution dated May to the Hydrocarbon Act. In an open let- trol. 12, 2003. ter to the U.S. Congress dated May 13, ‘‘The foreign companies would not Now, for the sake of discussion, let’s 2007, just a little more than a week have to invest their earnings in the take this figure of 300 billion barrels of ago, here are some excerpts: Iraqi economy, partner with Iraqi com- oil so we can see how much money we ‘‘Peace be unto you and greetings to panies, hire Iraqi workers, or share new are talking about here. As I mentioned all. technologies. They could even ride out earlier, the price of oil, somewhere ‘‘We wish to clarify certain matters Iraq’s current ‘instability’ by signing around $65 a barrel right now and mov- relating to events in Iraq for our

VerDate Aug 31 2005 00:48 May 24, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.028 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5641 friends among the Members of the U.S. dated March 19, 2007, entitled ‘‘Iraq 50 million barrels a day. So where is Congress. It is common knowledge that Open Letter from Iraqi Oil Experts to the oil going to come from? Govern- the occupation spared neither the Parliament’’: ments and national oil companies are young nor the old, and that Iraq is ‘‘We anticipate that the motive be- obviously controlling about 90 percent passing through the most difficult of hind the issuance of this law is based of the assets. Oil remains fundamen- times because all and sundry are on the increase of production capacity tally a government business. While hounding it and covet a share of its through the attraction of foreign in- many regions of the world offer great riches. We see no good reason for link- vestments. In this regard, we feel and oil opportunities, the Middle East, with ing the passing of the feeble Iraq oil recommend to plan the increase of the two-thirds of the world’s oil and lowest law to the withdrawal of the occupa- capacity gradually, starting with the cost, is still where the prize ultimately tion troops from Iraq. rehabilitation of currently producing lies. Even though companies are anx- ‘‘Everyone knows that the oil law fields by national effort, Iraqi National ious for greater access there, progress does not serve the Iraqi people, and Oil Company, followed by the develop- continues to be slow.’’ that it serves the administration, its ment of the giant discovered, but not In an article from Platform, Novem- supporters and the foreign oil compa- developed or partially developed, fields, ber 2005, called ‘‘Crude Designs: The nies at the expense of the Iraqi people, and to schedule the priority of their de- Rip-Off of Iraq’s Oil Wealth.’’ Chapter who have been wronged and deprived of velopment according to their capac- four, ‘‘Planning Iraq’s Oil Future. their right to their oil, despite endur- ities and development costs, irrespec- Preinvasion Planning.’’ And when you ing all difficulties. tive of their geographical locations.’’ listen to this, it’s pretty astonishing to ‘‘We ask our friends not to link with- And it goes on to say that there ought see how all these facts have been avail- drawal with the oil law, especially to be an avoidance of long-term con- able for people to be able to gain, and since the USA claimed that it came to tracts with foreign companies at the perhaps only now people are reflecting Iraq as a liberator and not in order to present time. on the real meaning of this. control Iraq’s resources. This is a statement issued by the This is what Greg Muttitt writes: ‘‘The general public in Iraq is totally Iraqi Union Leadership in a seminar. ‘‘Prior to the 2003 invasion, the prin- convinced that the administration And another statement in a seminar in cipal vehicle for planning the new post- wants to rush the promulgation of the December 2006 in Amman, Jordan: war Iraq was the U.S. State Depart- oil law so as to be leaving Iraq with a ‘‘Whereas oil and gas are greatly im- ment’s Future of Iraq project. This ini- victory of sorts. portant for the Iraqi economy and tiative, commencing as early as April ‘‘We wish to see you take a true whereas the building of the state and 2002, involved meetings in Washington stance for the children of Iraq. And we its institutions are dependent on it as and London of 17 working groups, each always say that history will remember the main source of national income, it composed of 10 to 20 Iraqi exiles and those who advance peace over war. international experts selected by the ‘‘With my regards, Hassan Jum’a is therefore the right of the Iraqi people to read the draft oil law under con- State Department. Awwad, Head of the Iraqi Federation of ‘‘The ‘Oil and Energy’ working group sideration. The Iraqi people refuse to Oil Unions.’’ met four times between December 2002 allow the future of their oil to be de- This now from the Oil union leader’s and April 2003. Although full member- speech on oil law. This is a speech of cided behind closed doors.’’ ship of the group has never been re- In an article by Michael Schwartz the head of the Federation of Oil vealed, it is known that Ibrahim Bahr called ‘‘The Prize of Iraqi Oil,’’ ‘‘None Unions in Basra on Tuesday, February al-Uloum, the current Iraqi Oil Min- of these conditions apply in Iraq. Huge 6, 2007: ister, was a member. The 15-strong oil reservoirs of easily accessible oil are ‘‘Recently, the Constitution of Iraq, working group concluded that Iraq, already proven to exist, with more on which the Iraq people voted in the quote, ‘should be opened to inter- most dire and difficult of conditions, equally accessible fields likely to be national oil companies as quickly as notes in clause 111 that oil and gas are discovered at little expense. That’s possible after the war,’ and that, quote, the property of the Iraqi people. But, why none of Iraq’s neighbors emphasize ‘the country should establish a condu- alas, this clause in the Constitution production-sharing agreements. Saudi cive business environment to attract will remain but ink on paper if the oil Arabia, Kuwait, Iran and the United investment of oil and gas resources.’ law and oil investment law being pre- Arab Emirates all pay the multi- ‘‘The subgroup went on to rec- sented to the Parliament are ratified, nationals a fixed rate to explore and ommend production-sharing agree- laws which permit production-sharing develop their fields, and all the profits ments as their favorite model for at- agreements, laws without parallel in become state revenues.’’ tracting foreign investment. Comments many oil producers, especially the Christian Science Monitor, May 18, by the hand-picked participants re- neighboring countries. Why should 2007: ‘‘How Will Iraq Share the Oil?’’ vealed that ‘many of the group favored Iraqis want to introduce such contracts ‘‘In New York, oil industry analyst, production-sharing agreements with oil in Iraq, given that applying such laws Fidel Geit of Oppenheimer Company, companies.’ Another representative will rob the Iraqi Government of the Incorporated, has reviewed both the of- commented, ‘Everybody keeps coming most important thing it owns?’’ ficial Arabic version of the draft law back to production-sharing agree- ‘‘We send a message to all of the and the unofficial English translation ments.’ members of the Iraqi Parliament, when and say they are ambiguous and seem ‘‘The reasons for this choice were ex- debating the oil and investment law, to to be written in haste.’’ Quote, ‘‘Why plained in the formal policy rec- bear the Iraqis in mind, to protect the shouldn’t Iraq use Iraqi nationals to ommendations of the working group, national wealth, and to look at the decide how contracts will be awarded? published in April 2003,’’ and I quote neighboring countries. Have they in- They have oil engineers. Use the best from this article from Platform: troduced such laws even when their re- brains in the country and hopefully ‘‘Key attractions of production-shar- lations with foreign companies are they will do what is in the best interest ing agreements to private oil compa- closer than in Iraq?’’ of the country,’’ he says, ‘‘otherwise nies are that, although the reserves are Now, there is a question that’s being there is an impression that American owned by the state, accounting proce- raised. Are these oil companies just companies are telling Iraqis what to dures permit the companies to book trying to help Iraq gain its wealth? do.’’ the reserves in their accounts, but, What if Iraq doesn’t have the ability or Now, I have stated many times on other things being equal, the impor- the money to be able to get its own oil this floor that I believe that the war tant feature from the perspective of industry on its feet? Does Iraq have to against Iraq was about oil. Now let me private oil companies is that the gov- privatize in order to tap its oil wealth? provide you with some quotes that may ernment intake is defined in terms of Well, the fact of the matter is that Iraq reflect on my thinking on this. the production-sharing agreement, and has options beyond privatization to de- Mr. DICK CHENEY, CEO of Halli- the oil companies are therefore pro- velop its own oil capacity. burton, in a speech at the Institute of tected under a production-sharing According to the Middle East Eco- Petroleum in 1999, said, ‘‘By 2010, we agreement from future adverse legisla- nomic Survey, volume 49, number 2, will need on the order of an additional tion,’’ which means it would be very

VerDate Aug 31 2005 00:48 May 24, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.029 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5642 CONGRESSIONAL RECORD — HOUSE May 23, 2007 tough to be able to have a government, and finally in 2004, by Mike Stinson of Ibrahim al-Ja’afari as Prime Minister. once it gives up its oil wealth, to be ConocoPhillips and Bob Morgan of BP. In a move which no doubt assisted pol- able to get it back. The 147,000 pound cost of two British icy continuity from the period of U.S. ‘‘The group also made it clear that in advisers, Adams and Morgan, was met control, Ibrihim Bahr al-Uloum was re- order to maximize investments, the by the U.K. Government. Following the appointed to the position of Minister specific terms of the production-shar- handover to the Iraq Interim Govern- for Oil. ing agreements should be favorable to ment in June 2004, Stinson became an ‘‘Meanwhile, Ahmad Chalabi, the foreign investors: ‘PSAs can induce adviser to the U.S. Embassy in Bagh- Pentagon’s former favorite to run Iraq, many billions of dollars of direct for- dad.’’ was appointed chair of the Energy eign investment in Iraq, but only with Again, from Platform, On the 13th of Council, which replaced the Supreme the right terms, conditions, regulatory July, 2003, ‘‘In the first move towards Council for Oil Policy as the key over- framework laws, oil industry structure Iraqi self-government, the Coalition seer of energy and oil policy. Back in and perceived attitude toward foreign Provisional Authority’s Administrator 2002, Chalabi had famously promised participation.’ Paul Bremer appointed the quasi-au- that ‘U.S. companies will have a big ‘‘Recognizing the importance of this tonomous, but virtually powerless, shot at Iraqi oil.’ announcement, The Financial Times Iraqi Governing Council. On the same ‘‘By June 2005, government sources noted: ‘Production-sharing deals allow day Mr. Bremer appointed Ibrahim reported that a Petroleum Law had oil companies a favorable profit margin Bahr al-Uloum, who had been a mem- been drafted, ready to be enacted after and, unlike royalty schemes, insulates ber of the U.S. State Department oil the December elections. According to them from losses incurred when the oil working group, as Minister for Oil.’’ sources, although some details are still price drops. For years, big oil compa- being debated, the draft of the Law b 1215 nies have been fighting for such agree- specifies that while Iraq’s currently ments without success in countries Within months of his appointment, producing fields should be developed by such as Kuwait and Saudi Arabia.’ Bahr al-Uloum announced he was pre- Iraqi National Oil Company, new fields ‘‘The article concluded that: ‘The paring plans for the privatization of should be developed by private compa- move could spell a windfall for big oil Iraq’s oil sector, but that no decision nies.’’ companies such as ExxonMobil, Royal would be taken until after the election Now, this again comes from an arti- Dutch/Shell, BP and TotalFinaElf.’’’ scheduled for 2005. Speaking to the Fi- cle, Foreign Policy in Focus. The title, Now, this article goes on to talk nancial Times, Bahr al-Uloum, a U.S.- ‘‘When It Comes to Oil, the U.S. Ad- about what has been done to try to trained petroleum engineer, said the ministration is Bypassing Democracy shape the new Iraq with respect to oil. Iraqi oil sector needs privatization, but in Iraq,’’ an article ‘‘Oil Pressure’’ by ‘‘The U.S. and the U.K. have worked it is a cultural issue, noting the dif- Greg Muttitt, August 28, 2006. It goes hard to ensure that the future path for ficulty of persuading the Iraqi people on to say: Since the new Iraqi Govern- oil development chosen by the first of any such policy. He then proceeded ment was formed in 2006, the U.S. Gov- elected Iraqi Government will closely to announce that he personally sup- ernment has dramatically scaled up its match their interests. So far it appears ported production sharing agreements efforts to provide ‘‘advice.’’ Last they have been highly successful. Pro- for upstream development, giving pri- month, the administration and major duction-sharing agreements, which ority to U.S. oil companies and Euro- oil companies reviewed and commented were first proposed by the U.S. State pean companies, probably. on the new law governing Iraq’s crucial Department group, have emerged as The second phase, the Iraq interim oil sector before it had even been seen the model of oil development favored government. In June 2004, the Coalition by the Iraqi Parliament. ‘‘Violating the very notions of free- by the postinvasion phases of Iraqi Provisional Authority handed over dom and democracy’’ the administra- Government. Iraq’s sovereignty to an interim gov- tion invokes in nearly every speech, ‘‘Phase one: Coalition Provisional ernment headed by Prime Minister ‘‘the U.S. Government has actively in- Authority and Iraqi Governing Council. Allawi. The position of Minister of Oil, tervened in the restructuring of Iraq’s During the first 14 months following was handed to Thamir al-Ghadban, a oil industry since at least 2002. the invasion, occupation forces had di- U.K.-trained petroleum engineer and In December 2002, the State Depart- rect control of Iraq through the Coali- former senior adviser to Bahr al- ment established a working group on tion Provisional Authority. Stopping Uloum. In an interview in Shell Oil oil and energy as part of its ‘‘Future of short of privatizing oil itself, this Coa- Company’s in-house magazine, al- Iraq’’ project. The project brought to- lition Provisional Authority began set- Ghadban announced that 2005 would be gether influential exiled Iraqis with ting up a framework for a longer-term the ‘‘year of dialogue’’ with multi- U.S. Government officials and inter- oil policy. national oil companies. national consultants. Later, some ‘‘The Coalition Provisional Author- ‘‘About 3 months after taking power, members of the group became part of ity appointed former senior executives Allawi issued a set of guidelines to the the Iraqi Government. The result of from oil companies to begin this proc- Supreme Council for Oil Policy from the project’s work was a draft frame- ess. The first advisers were appointed which the Council was to develop a full work for Iraq’s oil policy. Despite Iraq in January 2003, before the invasion petroleum policy. Preempting both the being rich in oil and technical exper- even started, and they were stationed Iraqi elections and drafting of a new tise, the group recommended a major in Kuwait, ready to move in. First, constitution, Allawi’s guidelines speci- role for foreign companies through there were Phillip Carroll, formerly of fied that while Iraq’s currently pro- long-term contracts, an approach that Shell, and Gary Vogler of ExxonMobil, ducing fields should be developed by would set Iraq at odds with the rest of backed up by three employees of the the Iraq National Oil Company, all the Middle East where major oil pro- U.S. Department of Energy and one of other fields should be developed by pri- ducers keep their oil in the public sec- the Australian Government. Carroll de- vate companies, through the contractor. scribed his role as not only to address tual mechanism of production sharing ‘‘In March 2003, the wheels started to short-term fuel needs and the initial agreements. turn as the Coalition Provisional Au- repair of production facilities, but ‘‘Iraq has about 80 known oil fields, thority appointed the former head of also,’’ point, ‘‘ ‘begin planning for the only 17 of which are currently in pro- Shell USA as a senior oil adviser, in di- restructuring of the Ministry of Oil to duction. Thus the Allawi guidelines rect contact with the Iraq Ministry of improve its efficiency and effective- would grant the other 63 to private oil Oil. He was joined by an executive from ness.’’’ Another point: ‘‘ ‘Begin think- companies.’’ ExxonMobil, and after 6 months, the ing through Iraq’s strategy options for The third phase, the transitional gov- post was rotated to former managers of significantly increasing its production ernment and writing the constitution: ConocoPhillips and BP. capacity.’ ‘‘The interim government was replaced ‘‘In December 2003, the framework ‘‘In October 2003, Carroll and Vogler in 2005 by the election of Iraq’s new Na- was set out in more detail when USAID were replaced by Mob McKee of tional Assembly, which led to the for- commissioned a report by the privat- ConocoPhillips and Terry Adams of BP, mation of the new government with ization specialists BearingPoint,’’ is

VerDate Aug 31 2005 00:48 May 24, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.030 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5643 the name of the company, entitled ‘Op- including Shell, BP, ExxonMobil, the international community and tions for Developing a Sustainable ChevronTexaco and ConocoPhillips, for international energy companies; that Long-Term Iraqi Oil Industry.’ The re- them to comment on the draft as well, the United States should assist Iraqi port reinforced the ‘Future of Iraq’s’ during the Minister’s trip to Wash- leaders to reorganize the national oil report, recommending long-term con- ington, D.C. the following week. industry as a commercial enterprise; tracts with foreign companies. ‘‘Given the pressures involved, per- that the United States should ensure ‘‘Pointing to the success, as they call haps the Minister felt he did not have the World Bank’s efforts to assure that it, of this model, BearingPoint used much choice. His promise to pass the best practices are used in contracting. Azerbaijan’s privatization model as an law through Parliament by the end of Mr. Speaker, the last 50 minutes that example. The report commented ap- 2006 was set in Iraq’s agreement with I have spent talking about the effort to provingly that Azerbaijan’s high cor- the International Monetary Fund last try to privatize Iraq’s oil, if you go to ruption and lack of democracy had not December. According to that agree- one of the search engines, you can find impeded investment; the government ment, IMF officials would also review perhaps 1 million different citations re- had simply given away a higher share and comment on a draft in September. lating to this. So it is impossible to of revenues in order to attract compa- ‘‘And still, the draft law had not been cover this kind of a subject, even in a nies. The implication was that Iraq, seen by the Iraqi Parliament. Mean- period of an hour. But it needs to be which has a nascent democracy and while, an official from the Oil Ministry said that this administration has chronic corruption, might follow the had stated that Iraqi civil society and pushed the Congress to put language in same approach. the general public will not be consulted funding bills for Iraq that would set ‘‘After the handover to the interim at all. the stage for the privatization of Iraq’s government in June 2004, senior oil ad- ‘‘These issues could hardly be more oil. visers, now based within the Iraq Re- important for Iraq. Oil accounts for I am going to quote from the first construction Management Office in the more than 90 percent of government war supplemental, that the President U.S. Embassy worked closely with the revenue, is the main driver of Iraq’s shall make and transmit to Congress a Iraq Oil Ministry in shaping policy. economy. And decisions made in the determination, No. 2, whether the Gov- Post holders included executives from coming months will not be reversible— ernment of Iraq is making substantial ChevronTexaco and Unocal. once contracts are signed, they will progress in meeting its commitment to ‘‘In 2006, these efforts intensified. In have a major bearing on Iraq’s econ- pursue reconciliation initiatives, in- February, the Iraq Reconstruction omy and politics for decades to come.’’ cluding enactment of a hydrocarbon Management Office advisers accom- There is much that has been written, law. Then under subsection (b), it says panied eight senior officials from the an article in the Associated Press on if the President fails to make this de- Oil Ministry on a trip to the U.S., spon- March 13, 2007, about how Iraqi leaders termination, the Secretary of Defense sored by the U.S. Trade and Develop- fear ouster over oil money. Continued shall commence the redeployment of ment Agency. On the trip, they met oil White House support for Iraq depended our Armed Forces from Iraq. In other words, privatize your oil, or company representatives to discuss the on positive action and all the bench- we are leaving you without having a future structure of the Iraq oil indus- marks, especially the oil law and sec- security and peacekeeping force to re- try. tarian reconciliation, by the close of ‘‘The same month, at the request of this parliamentary session. June 30. place the United States Army. the State Department, USAID provided In an article in the Los Angeles b 1230 an adviser to the Oil Ministry, again Times, May 13, 2007, Iraqis resist U.S. In the second supplemental, the ad- from BearingPoint,’’ the privatization pressure to enact oil law. Foreign in- ministration language promoted the specialist, ‘‘to work directly on a new vestment and Shiite control are pri- President transmitting to Congress a oil law providing ‘legal and regulatory mary concerns. Here is a quote. ‘‘I did report in classified and unclassified advice and drafting the framework of make it clear that we believe it is very form, article 2, whether the Govern- petroleum and other energy-related important to move on the issues before ment of Iraq has enacted a broadly ac- legislation, including foreign invest- us in a timely fashion and any undue cepted hydrocarbon law that equitably ment.’’’ delay would be difficult to explain.’’ shares revenues among all Iraqis. ‘‘The U.S. campaign on the fledgling That is a quote from Vice President Now again, they don’t talk about Iraqi Government has been successful. CHENEY, who recently visited Iraq to what the real purpose of the Hydro- Following his appointment in May, urge the passage of the Hydrocarbon carbon Act has been. It is not about new Oil Minister Husayn al- Act, among other matters. sharing revenues equitably; it is about Shahristani announced that one of his ‘‘The U.S. Energy Secretary calls on a complex restructuring of Iraq’s oil in- top priorities would be writing of an oil Iraq to open up its oil sector to foreign dustry for the purpose of turning Iraq’s law to allow Iraq to sign contracts investment.’’ This is an article from oil over to private oil companies. with ‘the largest companies.’’’ the 21st of July, 2006, saying that U.S. Finally, in the third supplemental ‘‘This would be the first time in more Energy Secretary Samuel Bodman has that is before this Congress this week, than 30 years that foreign companies urged Iraq to establish a legal frame- there is an article from the Senate side would receive a major stake in Iraq’s work that would be instrumental in at- that relates to Iraq oil, and I quote: oil. Oil was brought into public owner- tracting foreign investment. ‘‘The United States strategy in Iraq ship and control in Iraq in 1975. Other articles. From a Department of shall hereafter be conditioned on the ‘‘With the ink not yet on the paper, Energy press release, July 26, 2006: Sec- Iraqi Government meeting certain the U.S. has maintained its pressure. retary Bodman hosts Iraqi Ministers of benchmarks.’’ And one such bench- On his visit to Baghdad in 2006,’’ the Oil and Electricity. Energy leaders sign mark, ‘‘enacting and implementing U.S. Energy Secretary ‘‘insisted that memorandum of understanding to fur- legislation to ensure the equitable dis- the Iraqi government must ‘pass a hy- ther promote electricity cooperation. tribution of hydrocarbon resources of drocarbon law under which foreign From Agence France-Presse, U.S. the people of Iraq.’’ And it goes on to companies can invest.’ But the work to wants new Iraq oil law so foreign firms pay homage to the issues of equity and make this case had already been done: can take part. July 18, 2006. The United ethnicity. ‘We got every indication they were States on Tuesday urged Iraq to adopt Madam Speaker, it is clear that the willing and also felt a necessity to open a new hydrocarbon law that would en- people of Iraq are under enormous pres- up this sector,’ he commented after a able U.S. and other foreign companies sure to give up control of their oil. meeting with the Oil Minister and Iraqi to invest in the war-torn country’s oil When you consider that there was no officials. sector. cause to go to war against Iraq, that The Energy Secretary did not stop at We all know that the Iraq Study Iraq did not have weapons of mass de- reviewing the draft law himself in Group, in one of its major rec- struction, that Iraq had nothing to do Baghdad. He also arranged for Dr. Al- ommendations, Recommendation 63, with 9/11, that Iraq had nothing to do Shahristani, the new Oil Minister, to said the United States should encour- with al Qaeda’s role in 9/11, that the ad- meet with nine major oil companies, age investment in Iraq’s oil sector by ministration kept changing the reason

VerDate Aug 31 2005 00:48 May 24, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.031 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5644 CONGRESSIONAL RECORD — HOUSE May 23, 2007 why we went into Iraq, and here we see without question the relationship and controlled by the proponent and an op- are, years later, we are still in Iraq, between war and this oil and the rela- ponent, shall not be subject to amendment, and enormous pressure is being put on tionship between the pressure that is and shall not be subject to a demand for division of the question in the House or in the the Iraqi Government to privatize their being put on the Iraq Government Committee of the Whole. All points of order oil. right now and privatization and the against such amendments are waived except I am here to say that there is another continuation of the war. those arising under clause 9 or 10 of rule XXI. path that can be taken, and that path Let’s end this war. Let’s end the at- At the conclusion of consideration of the bill is part of H.R. 1234, a bill that I have tempt to control Iraq’s oil. Let’s chal- for amendment the Committee shall rise and written that would enable the war to lenge the oil companies in this country report the bill to the House with such end by Congress determining that no as this House has done this morning. amendments as may have been adopted. Any more money will go for this war, tell- Member may demand a separate vote in the Let’s take a stand for truth and jus- House on any amendment adopted in the ing the administration that it must tice. Let’s take a stand for what is Committee of the Whole to the bill or to the open up diplomatic relations with right. Let us not be seduced by this committee amendment in the nature of a Syria and Iran, and moving in a direc- idea that somehow we have the mili- substitute. The previous question shall be tion where we put together an inter- tary might, and we can, therefore, grab considered as ordered on the bill and amend- national peacekeeping and security other people’s resources. That is not ments thereto to final passage without inter- force that would move in as our troops what America is about. vening motion except one motion to recom- leave. And then we set the stage for mit with or without instructions. America has a higher calling in the SEC. 2. During consideration in the House real reconciliation that cannot come world. It is time we began a process of of H.R. 1100 pursuant to this resolution, not- with the U.S. serving as an occupying truth and reconciliation in our own withstanding the operation of the previous army. country, in reaching out and creating question, the Chair may postpone further We have a moral responsibility to the the healing of America. But we must consideration of the bill to such time as may Iraqi people whose country we have first begin with the truth, and the be designated by the Speaker. ravaged with war to the tune of hun- truth is what I have told this Congress The SPEAKER pro tempore (Mrs. dreds of billions of dollars of damage, today. TAUSCHER). The gentleman from New whose people may have experienced the Madam Speaker, thank you. York (Mr. ARCURI) is recognized for 1 loss of perhaps as many as a million Members of Congress, thank you. hour. Mr. ARCURI. Madam Speaker, for Iraqis during this conflict, innocent f people, whose social bonds have been purposes of debate only, I yield the cus- torn asunder. We have a moral respon- PROVIDING FOR CONSIDERATION tomary 30 minutes to the gentleman sibility to work to bring about a pro- OF H.R. 1100, CARL SANDBURG from Washington (Mr. HASTINGS). All gram of reconciliation between the HOME NATIONAL HISTORIC SITE time yielded during consideration of Sunnis, Shiites and the Kurds which BOUNDARY REVISION ACT OF the rule is for debate only. can only come when we end the occupa- 2007 I yield myself such time as I may tion. We have a moral responsibility to Mr. ARCURI. Madam Speaker, by di- consume, and I also ask unanimous bring about an honest reconstruction rection of the Committee on Rules, I consent that all Members be given 5 program, absent the U.S. contractors call up House Resolution 429 and ask legislative days in which to revise and who have been gouging the Iraqi peo- for its immediate consideration. extend their remarks on House Resolu- ple, and gouging the American tax- The Clerk read the resolution, as fol- tion 429. The SPEAKER pro tempore. Is there payers as well, but we have to make lows: objection to the request of the gen- sure that the Iraqi people have control H. RES. 429 tleman from New York? of their oil. Resolved, That at any time after the adop- There was no objection. I would like to believe that this war tion of this resolution the Speaker may, pur- Mr. ARCURI. Madam Speaker, House has not been about oil. I would like to suant to clause 2(b) of rule XVIII, declare the Resolution 429 provides for consider- believe that there was some kind of a House resolved into the Committee of the Whole House on the state of the Union for ation of H.R. 1100, the Carl Sandburg righteous cause connected to what we Home National Historic Site Boundary did; but I know better, and the proof is consideration of the bill (H.R. 1100) to revise the boundary of the Carl Sandburg Home Na- Revision Act of 2007, under a structured in this Hydrocarbon Act. rule. The rule provides 1 hour of gen- This Congress has an opportunity to tional Historic Site in the State of North Carolina, and for other purposes. The first eral debate controlled by the Com- finally take a stand and reject this Hy- reading of the bill shall be dispensed with. mittee on Natural Resources and drocarbon Act. We can strip out this All points of order against consideration of makes in order the substitute reported provision forcing Iraq to privatize its the bill are waived except those arising by the Committee on Natural Re- oil. We can strip that out of the legisla- under clause 9 or 10 of rule XXI. General de- sources. The rule also allows for con- bate shall be confined to the bill and shall tion. Or we can simply defeat the legis- sideration of all three amendments lation because that is in there, and not exceed one hour equally divided and controlled by the chairman and ranking minor- that were submitted to the Rules Com- then go back to the boards and tell the mittee on H.R. 1100. President, look, Mr. President, we are ity member of the Committee on Natural Re- sources. After general debate the bill shall be Madam Speaker, let me begin by con- not going to give you any more money considered for amendment under the five- gratulating my good friend and fresh- for this war, which is what I believe we minute rule. It shall be in order to consider man class colleague Mr. SHULER for should do. Tell the President, this war as an original bill for the purpose of amend- working this thoughtful legislation is over, Mr. President, and use the ment under the five-minute rule the amend- through the legislative process. H.R. money that is in the pipeline to bring ment in the nature of a substitute rec- 1100 will further preserve the legacy the troops home. Let’s go and reach ommended by the Committee on Natural Re- and communicate the stories of inter- sources now printed in the bill. The com- out to the international community. nationally recognized author, Pulitzer With the end of the occupation and the mittee amendment in the nature of a substitute shall be considered as read. All points Prize-winner, and great American his- closing of bases, we will have people of order against the committee amendment torian, Carl Sandburg. who will start listening to us inter- in the nature of a substitute are waived ex- Located in the pristine wilderness of nationally, and we will have some cept those arising under clause 9 or 10 of rule North Carolina is the 248-acre Carl credibility. XXI. Notwithstanding clause 11 of rule Sandburg Home National Historic Site. But the morality which this country XVIII, no amendment to the committee Each year, over 150,000 people visit for rests on, our heart and soul of who we amendment in the nature of a substitute the purpose of learning about Carl are as Americans, is not reflected by shall be in order except those printed in the Sandburg’s positive influences on writ- this obscene attempt to steal the oil report of the Committee on Rules accom- ing, or to hike and just enjoy the splen- resources of Iraq. That is why I have panying this resolutiuon. Each such amendment may be offered only in the order print- dor of this beautiful, pristine site. chosen to take this time to come be- ed in the report, may be offered only by a In recent years it was determined by fore the Congress, to lay these facts Member designated in the report, shall be interested parties at all levels, local, out for Members of Congress and for considered as read, shall be debatable for the State and Federal, including the Na- the American people so that you can time specified in the report equally divided tional Park Service, that increasing

VerDate Aug 31 2005 00:48 May 24, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.033 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5645 the size would be desirable to carry out increase our Federal inventory of land land or for funds to be donated to actu- the purposes of this historic site. by up to 115 acres. Rarely does the ally purchase the land, and we’re not H.R. 1100 addresses the need for more Rules Committee consider rules for talking about a vast tract of land. space by authorizing the Secretary of bills making changes to historic sites We’re talking about a very small the Interior to acquire up to 115 acres because they are typically brought to amount of land, 115 acres, 22 acres of of land from willing sellers by dona- the floor under suspension of the rules. which have already been pledged, and tion, purchase with donated or appro- Mr. Speaker, coming from an area in basically are waiting for this legisla- priated funds, or exchange. central Washington that is 40 percent tion to be passed so that the conserv- Now, for some unknown reason, some federally owned land mass, I believe we atory could be created so that the acre- my colleagues have labeled this legisla- ought to be encouraging land ex- age can be donated to it. tion an ‘‘egregious example of changes where possible rather than So I would say in response to my landgrabbing’’ by the Federal Govern- more land purchases. The Federal land good friend and colleague from Wash- ment. Nothing could be further from management agencies simply have too ington that this is not any type of huge the truth. The key point to this legis- much land to manage effectively with land grab. This is really just a very lation is that the land would have to be their current level of funding. We all small amount of acreage that is being acquired from ‘‘willing sellers.’’ know there is a serious backlog of set up and being donated just to en- Of the 115 acres, 5 acres would be road, trail and facility maintenance on hance the whole, again, experience of used to construct a new visitor center Federal lands. In many cases, Federal the Carl Sandburg site. and parking lot, and the remaining 110 land agencies are struggling to manage So I think it is a very good bill. It is acres would be used to enhance the invasive species, plant pests, and un- a good rule, and I would urge all of my overall experience when visiting the naturally high fuel loads that lead to colleagues to support it. site. Visitors will now have an oppor- catastrophic wildfires. Yet, year after Mr. Speaker, I reserve the balance of tunity to sit on the same ridge Carl year, we are spending precious tax dol- my time. Sandburg sat to pen some of his great- lars to buy up more private property Mr. HASTINGS of Washington. Mr. est works and explore the same beau- and take it off the local tax rolls. Speaker, I yield myself 1 minute. tiful mountainside Carl Sandburg We need to make land exchanges and I just point out that this is an in- would frequent with his family for pic- the orderly restructuring of Federal crease of 44 percent over the current nics. land holdings easier. The Federal Gov- land value, and I know we’re talking Madam Speaker, H.R. 1100 has strong ernment owns and must maintain about acres and we’re not talking bipartisan support here in the House, many small, isolated parcels of land about square miles. But to paraphrase and bicameral support from North that have no special resource value. We former Senator Edward Dirksen, in an- Carolina’s two Senators, who have in- should make it easier for the Federal other sense, you know, a billion here, a troduced companion legislation. agencies to dispose of these properties billion there, pretty soon you’re talk- Further, H.R. 1100 has the support of and retain the proceeds to acquire ing about real dollars. Well, we’re talk- the administration, as well as the lands that are high in resource value. ing about Federal land ownership, and State of North Carolina and Henderson I’m very sensitive to that because I 1245 County, where the site is located. b come from the western part of the All of that said, with such broad sup- This is a practical solution that al- United States. port, one might ask why are we here lows us to protect special places with- As I mentioned in my opening re- debating a rule for consideration of out having to spend limited tax dollars. marks, 40 percent of my district is this legislation? The reason is that I would also add that there are many owned by the Federal Government, and during a subcommittee and later full other issues, in my view more pressing I have some counties in which 75 per- committee markup, it was discovered matters, affecting public lands man- cent of the counties’ land mass is that there are a few Members of this agement that we could be considering owned by the Federal Government. body who object to the legislation in today. For example, the extension of Mr. Speaker, at this time I’m pleased its current form. Those Members made payments to forested counties for rural to yield 5 minutes to the gentleman several attempts to alter the existing schools and roads. As many of my col- from Texas (Mr. GOHMERT). legislation by amendment during the leagues are aware, the Congress long Mr. GOHMERT. Mr. Speaker, I rise in committee process. In addition, those ago promised rural communities that opposition to this rule today and it same Members submitted amendments they would get a fair share of the rev- goes back to the experience we had on to the Rules Committee which we will enue produced from Federal forestlands the floor and in committee. consider later today, again seeking to as compensation for the tax-exempt Mr. BISHOP had offered an amend- alter this legislation. status of Federal forestlands. ment in the National Parks Sub- While one might argue that our de- However, unfortunately, special in- committee that would have improved bate today is unnecessary, I contend it terest groups successfully used litiga- this bill, in my opinion, because his is yet another example of the major- tion under the Endangered Species Act amendment would have reduced the ity’s efforts to provide our colleagues to bring harvest to a standstill in number of acres that are being added with opportunities to offer their many places like the Pacific North- to this so-called park. This was not amendments, voice their views, and west. This left many counties strug- Carl Sandburg’s original home. The make their objections known here in gling to pay for basic services while acreage being added or sought to be the House Chamber. I look forward to a saddled with large areas of nontaxable added is not even available for view fruitful discussion of this bill. Federal land. Although the House has from the Sandburg home. It was not Mr. Speaker, I reserve the balance of passed legislation providing for a 1- part of the original home. So it made my time. year fix on this issue, we need a longer- sense that an amendment like this Mr. HASTINGS of Washington. Mr. term solution, and we need to get this ought to have a vote and it did. Speaker, I want to thank the gen- legislation to the President’s desk as When it came time for a recorded tleman from New York (Mr. ARCURI) soon as possible. vote, the subcommittee chairman for yielding me the customary 30 min- So, Mr. Speaker, I hope that the promised to hold the vote open for 15 utes, and I yield myself such time as I House will soon have an opportunity to minutes. About 8 to 9 minutes later, may consume. consider these and other issues impact- though, for some time the vote on the (Mr. HASTINGS of Washington asked ing Federal land management. amendment was passing, once there and was given permission to revise and Mr. Speaker, I reserve the balance of was one more vote ‘‘nay’’ than in the extend his remarks.) my time. affirmative, between 8 and 9 minutes Mr. HASTINGS of Washington. Mr. Mr. ARCURI. Mr. Speaker, I would later, the chairman closed the vote, Speaker, House Resolution 429 allows like to respond by saying that it’s im- even though he said he would leave it for consideration of H.R. 1100, the Carl portant to note on this bill that all open for 15 minutes. He closed it as I Sandburg Home National Historic Site this bill really does is to create an en- walked into the door and others alerted Boundary Revision Act, which would vironment for people to donate the him, and actually he never said that

VerDate Aug 31 2005 00:48 May 24, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.034 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5646 CONGRESSIONAL RECORD — HOUSE May 23, 2007 the vote was closed. He simply asked that allows for debate on that par- minute vote on adoption of the resolu- the clerk for a count at that point, and ticular amendment. tion will be followed by 5-minute votes when it was pointed out to him that So we are, in fact, giving the gen- on motions to suspend the rules and the vote had not been closed but sim- tleman exactly what he is asking for, pass H.R. 1252 and H.R. 2429. ply a count asked for, and that I was and he is opposing the rule. So I guess The vote was taken by electronic de- there when he did that, he still refused I just don’t understand what his point vice, and there were—yeas 228, nays to allow my vote, and my vote as re- is, but I would say that we are sup- 198, not voting 6, as follows: flected would have been ‘‘aye.’’ That porting the rule that, in fact, does [Roll No. 403] allow for full and fair debate on this would have tied the vote. We all know YEAS—228 there were others on the way, though particular amendment. Mr. Speaker, I reserve the balance of Abercrombie Green, Gene Napolitano we knew not how they would vote. But Ackerman Grijalva Neal (MA) I was promised that my vote would my time. Allen Gutierrez Oberstar also be counted in the record but it, in Mr. HASTINGS of Washington. Mr. Altmire Hall (NY) Obey fact, did not. Speaker, I yield 1 minute to the gen- Andrews Hare Olver tleman from Texas (Mr. GOHMERT). Arcuri Harman Ortiz And we went through a series of par- Baca Hastings (FL) Pallone liamentary inquiries to make sure that Mr. GOHMERT. Mr. Speaker, I appre- Baird Herseth Sandlin Pascrell the chairman had every opportunity to ciate the gentleman yielding. There Baldwin Higgins Pastor do the right thing, and so that it was were three amendments made in order Barrow Hill Payne on this bill, and what I have a problem Bean Hinchey Perlmutter not quite as clear as it became, that Becerra Hinojosa Peterson (MN) there was only one reason that vote with is the process and how ridicu- Berkley Hirono Pomeroy was held open, and that was to fore- lously partisan it was there, and there Berman Hodes Price (NC) should have been more made in order Berry Holden Rahall close the opportunity to pass this Bishop (GA) Holt Rangel amendment. here, but I do appreciate what has been Bishop (NY) Honda Reyes Now, the House rules say that a made in order. Blumenauer Hooley Rodriguez record vote shall not be held open on Mr. ARCURI. Mr. Speaker, we have Boren Hoyer Ross no further speakers, and I reserve the Boswell Inslee Rothman the floor for the purpose of changing Boucher Israel Roybal-Allard the outcome of a vote. Clearly, that’s balance of my time. Boyd (FL) Jackson (IL) Ruppersberger what happened here. Clearly, it would Mr. HASTINGS of Washington. Mr. Boyda (KS) Jackson-Lee Rush have changed the outcome of the vote, Speaker, I yield myself the balance of Brady (PA) (TX) Ryan (OH) time. Braley (IA) Jefferson Salazar at least as I came in, to a tie with Brown, Corrine Johnson (GA) Sa´ nchez, Linda other people coming if the vote had I just simply want to say that the Butterfield Johnson, E. B. T. been held open as long as the chairman gentleman from Texas, a member of Capps Kagen Sanchez, Loretta Capuano Kanjorski Sarbanes said he was going to. the committee, was apparently told something by the subcommittee chair- Cardoza Kaptur Schakowsky But the promises of bipartisanship in Carnahan Kennedy Schiff this Chamber, as we saw it yesterday, man and that wasn’t carried out, and I Carney Kildee Schwartz as we saw in this subcommittee hear- think that’s the point that he made. I Carson Kilpatrick Scott (GA) am pleased that the committee has Castor Kind Scott (VA) ing, are about as hollow as some of the Chandler Klein (FL) Serrano other things around this floor. made these three amendments in order. Clarke Kucinich Sestak Now, as far as the rule, it should have They were debated, and I think the full Clay Lampson Shea-Porter been open to this amendment. The House deserves that consideration. Cleaver Langevin Sherman I think the rule could have been, ob- Clyburn Lantos Shuler amendment should have been part of Cohen Larsen (WA) Sires the original bill, but through this pro- viously, better if it were an open rule Conyers Larson (CT) Skelton cedural folly, it was not. And so I ob- on a bill here that certainly is not that Cooper Lee Slaughter ject to the rule. I rise in opposition to controversial. Costa Levin Smith (WA) With that, Mr. Speaker, I yield back Costello Lewis (GA) Snyder the rule, and I would encourage our Courtney Lipinski Solis colleagues across the aisle to remem- the balance of my time. Cramer Loebsack Space Mr. ARCURI. Mr. Speaker, H.R. 1100 ber their promises. Crowley Lofgren, Zoe Spratt Cuellar Lowey Stark I know it’s been clear back to No- will further preserve the legacy and communicate the stories of inter- Cummings Lynch Stupak vember and all those campaign prom- Davis (AL) Mahoney (FL) Sutton ises leading up to November, and that’s nationally recognized author, Pulitzer Davis (CA) Maloney (NY) Tanner Prize winner and great American histo- Davis (IL) Markey Tauscher a long time, even though the Attorney Davis, Lincoln Matheson Taylor General is being condemned for forget- rian, Carl Sandburg. Again, I congratulate my good friend DeFazio Matsui Thompson (CA) ting things further back than that. Delahunt McCarthy (NY) Thompson (MS) and freshman class colleague, the gen- Nonetheless, we won’t get into ques- DeLauro McCollum (MN) Tierney tleman from North Carolina (Mr. Dicks McDermott Towns tions of hypocrisy. I just ask you to re- SHULER) for his efforts to bring this Dingell McGovern Udall (CO) member your promises about biparti- Doggett McIntyre Udall (NM) thoughtful legislation to the floor. sanship and open government, because Donnelly McNerney Van Hollen I urge my colleagues on both sides of ´ this rule forecloses the openness that Doyle McNulty Velazquez the aisle to join me in voting ‘‘yes’’ on Edwards Meehan Visclosky we were promised we would have, espe- the previous question and on the rule Ellison Meek (FL) Walz (MN) Ellsworth Meeks (NY) Wasserman cially when it pertains to a good so that future generations can also amendment that deserves consider- Emanuel Melancon Schultz enjoy the beauty and splendor of the Engel Michaud Waters ation before this floor. Carl Sandburg Home National Historic Eshoo Miller (NC) Watson Mr. ARCURI. Mr. Speaker, I must Etheridge Miller, George Watt Site. Farr Mitchell Waxman say I’m a bit confused because the gen- Mr. Speaker, I yield back the balance tleman from Texas is opposing the Fattah Mollohan Weiner of my time, and I move the previous Filner Moore (KS) Welch (VT) rule, the rule which is allowing the question on the resolution. Frank (MA) Moore (WI) Wexler amendment that he is speaking of. So The previous question was ordered. Giffords Moran (VA) Wilson (OH) the Rules Committee has put the Gillibrand Murphy (CT) Woolsey The SPEAKER pro tempore (Mr. PAS- Gonzalez Murphy, Patrick Wu amendment in, the Bishop amendment, TOR). The question is on the resolution. Gordon Murtha Wynn that he’s talking about. It will entitle The question was taken; and the Green, Al Nadler Yarmuth a full and fair debate on it this after- Speaker pro tempore announced that NAYS—198 noon, and we are giving the gentleman the ayes appeared to have it. Aderholt Barton (TX) Bonner everything that he has asked for. And Mr. HASTINGS of Washington. Mr. Akin Biggert Bono he stands up here and talks about some Speaker, on that I demand the yeas Alexander Bilbray Boozman type of hypocrisy, and frankly, I just and nays. Bachmann Bilirakis Boustany don’t understand why he is mentioning The yeas and nays were ordered. Bachus Bishop (UT) Brady (TX) Baker Blackburn Brown (SC) that, why he is talking about that The SPEAKER pro tempore. Pursu- Barrett (SC) Blunt Brown-Waite, when, in fact, we are giving the rule ant to clause 8 of rule XX, this 15- Bartlett (MD) Boehner Ginny

VerDate Aug 31 2005 00:48 May 24, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.036 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5647 Buchanan Hayes Pitts [Roll No. 404] NAYS—141 Burgess Heller Platts Akin Foxx Pearce Burton (IN) Hensarling Poe YEAS—284 Alexander Franks (AZ) Pence Buyer Herger Porter Abercrombie Goode Murtha Bachmann Frelinghuysen Peterson (MN) Calvert Hobson Price (GA) Ackerman Goodlatte Nadler Bachus Gallegly Camp (MI) Hoekstra Peterson (PA) Pryce (OH) Aderholt Gordon Napolitano Baker Garrett (NJ) Campbell (CA) Inglis (SC) Pickering Putnam Allen Graves Neal (MA) Barrett (SC) Gingrey Cannon Issa Pitts Radanovich Altmire Green, Al Bartlett (MD) Gohmert Cantor Jindal Oberstar Poe Ramstad Barton (TX) Granger Capito Johnson (IL) Andrews Green, Gene Obey Porter Regula Biggert Hastert Carter Johnson, Sam Arcuri Grijalva Olver Price (GA) Rehberg Bilbray Hastings (WA) Castle Jones (NC) Baca Gutierrez Ortiz Pryce (OH) Reichert Baird Hall (NY) Pallone Bishop (UT) Hensarling Chabot Jordan Putnam Renzi Baldwin Hall (TX) Pascrell Blackburn Herger Coble Keller Radanovich Reynolds Blunt Hobson Cole (OK) King (IA) Barrow Hare Pastor Rogers (AL) Boehner Hoekstra Rehberg Conaway King (NY) Bean Harman Payne Rogers (KY) Bonner Inglis (SC) Reynolds Crenshaw Kingston Becerra Hastings (FL) Perlmutter Rogers (MI) Boustany Issa Rogers (AL) Cubin Kirk Berkley Hayes Petri Rohrabacher Brady (TX) Jindal Rogers (MI) Culberson Kline (MN) Berman Heller Platts Ros-Lehtinen Brown (SC) Johnson, Sam Rohrabacher Davis (KY) Knollenberg Berry Herseth Sandlin Pomeroy Roskam Burgess Jordan Ros-Lehtinen Davis, David Kuhl (NY) Bilirakis Higgins Price (NC) Royce Burton (IN) King (IA) Roskam Davis, Jo Ann LaHood Bishop (GA) Hill Rahall Ryan (WI) Buyer King (NY) Royce Davis, Tom Lamborn Bishop (NY) Hinchey Ramstad Sali Calvert Kingston Ryan (WI) Deal (GA) Latham Blumenauer Hinojosa Rangel Saxton Camp (MI) Kline (MN) Sali Dent LaTourette Bono Hirono Regula Schmidt Campbell (CA) Knollenberg Diaz-Balart, L. Lewis (CA) Boozman Hodes Reichert Sensenbrenner Sensenbrenner Cannon Lamborn Diaz-Balart, M. Lewis (KY) Boren Holden Renzi Sessions Sessions Cantor Latham Doolittle Linder Boswell Holt Reyes Shadegg Carter Lewis (CA) Drake LoBiondo Shadegg Boucher Honda Rodriguez Shimkus Cole (OK) Linder Dreier Lucas Shimkus Boyd (FL) Hooley Rogers (KY) Shuster Conaway Lucas Duncan Lungren, Daniel Shuster Boyda (KS) Hoyer Ross Simpson Crenshaw Lungren, Daniel Ehlers E. Simpson Brady (PA) Inslee Rothman Smith (NE) Cubin E. Emerson Mack Smith (NE) Braley (IA) Israel Roybal-Allard Smith (TX) Culberson Mack English (PA) Manzullo Smith (NJ) Brown, Corrine Jackson (IL) Ruppersberger Souder Davis (KY) Manzullo Everett Marchant Smith (TX) Brown-Waite, Jackson-Lee Rush Stearns Davis, David Marchant Fallin Marshall Souder Ginny (TX) Ryan (OH) Sullivan Davis, Tom McCarthy (CA) Feeney McCarthy (CA) Stearns Buchanan Jefferson Salazar Tancredo ´ Deal (GA) McCaul (TX) Ferguson McCaul (TX) Sullivan Butterfield Johnson (GA) Sanchez, Linda Terry Diaz-Balart, L. McHenry Flake McCotter Tancredo Capito Johnson (IL) T. Diaz-Balart, M. McKeon Thornberry Forbes McCrery Terry Capps Johnson, E. B. Sanchez, Loretta Doolittle Mica Tiahrt Fortenberry McHenry Thornberry Capuano Jones (NC) Sarbanes Drake Miller (FL) Tiberi Fossella McHugh Tiahrt Cardoza Kagen Saxton Dreier Miller, Gary Upton Foxx McKeon Tiberi Carnahan Kanjorski Schakowsky Duncan Moran (KS) Walberg Franks (AZ) Mica Turner Carney Kaptur Schiff Ehlers Murphy, Tim Weldon (FL) Frelinghuysen Miller (FL) Upton Carson Keller Schmidt Everett Musgrave Weller Gallegly Miller (MI) Walberg Castle Kennedy Schwartz Fallin Myrick Westmoreland Garrett (NJ) Miller, Gary Walden (OR) Castor Kildee Scott (GA) Feeney Neugebauer Wicker Gerlach Moran (KS) Walsh (NY) Chabot Kilpatrick Scott (VA) Flake Nunes Wilson (SC) Gilchrest Murphy, Tim Wamp Chandler Kind Serrano Fossella Paul Gillmor Musgrave Weldon (FL) Clarke Kirk Sestak Young (AK) Clay Klein (FL) Shea-Porter Gingrey Myrick Weller NOT VOTING—7 Gohmert Neugebauer Westmoreland Cleaver Kucinich Sherman Goode Nunes Whitfield Clyburn Kuhl (NY) Shuler DeGette Jones (OH) McMorris Goodlatte Paul Wicker Coble LaHood Sires Hulshof McCrery Rodgers Granger Pearce Wilson (NM) Cohen Lampson Skelton Hunter Shays Wilson (SC) Conyers Langevin Slaughter Graves Pence ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Hall (TX) Peterson (PA) Wolf Cooper Lantos Smith (NJ) Hastert Petri Young (AK) Costa Larsen (WA) Smith (WA) The SPEAKER pro tempore (during Hastings (WA) Pickering Young (FL) Costello Larson (CT) Snyder the vote). Members are advised that 2 Courtney LaTourette Solis NOT VOTING—6 Cramer Lee Space minutes remain in this vote. DeGette Jones (OH) Shays Crowley Levin Spratt b 1330 Hulshof McMorris Cuellar Lewis (GA) Stark Hunter Rodgers Cummings Lewis (KY) Stupak Messrs. BACHUS, EVERETT, ROG- Davis (AL) Lipinski Sutton ERS of Alabama, MILLER of Florida, b 1319 Davis (CA) LoBiondo Tanner Davis (IL) Loebsack Tauscher and HOBSON changed their vote from Mrs. MILLER of Michigan changed Davis, Jo Ann Lofgren, Zoe Taylor ‘‘yea’’ to ‘‘nay.’’ her vote from ‘‘yea’’ to ‘‘nay.’’ Davis, Lincoln Lowey Thompson (CA) Mr. GOODLATTE changed his vote So the resolution was agreed to. DeFazio Lynch Thompson (MS) Delahunt Mahoney (FL) Tierney from ‘‘nay’’ to ‘‘yea.’’ The result of the vote was announced DeLauro Maloney (NY) Towns So (two-thirds being in the affirma- as above recorded. Dent Markey Turner tive) the rules were suspended and the A motion to reconsider was laid on Dicks Marshall Udall (CO) bill, as amended, was passed. Dingell Matheson Udall (NM) the table. Doggett Matsui Van Hollen The result of the vote was announced f Donnelly McCarthy (NY) Vela´ zquez as above recorded. Doyle McCollum (MN) Visclosky A motion to reconsider was laid on FEDERAL PRICE GOUGING Edwards McCotter Walden (OR) the table. PREVENTION ACT Ellison McDermott Walsh (NY) Ellsworth McGovern Walz (MN) f The SPEAKER pro tempore. The un- Emanuel McHugh Wamp finished business is the vote on the mo- Emerson McIntyre Wasserman PROVIDING EXCEPTION TO LIMIT tion to suspend the rules and pass the Engel McNerney Schultz ON MEDICARE RECIPROCAL English (PA) McNulty Waters BILLING ARRANGEMENTS bill, H.R. 1252, as amended, on which Eshoo Meehan Watson the yeas and nays were ordered. Etheridge Meek (FL) Watt The SPEAKER pro tempore. The un- The Clerk read the title of the bill. Farr Meeks (NY) Waxman finished business is the vote on the mo- Fattah Melancon Weiner The SPEAKER pro tempore. The Ferguson Michaud Welch (VT) tion to suspend the rules and pass the question is on the motion offered by Filner Miller (MI) Wexler bill, H.R. 2429, on which the yeas and the gentleman from Illinois (Mr. RUSH) Forbes Miller (NC) Whitfield nays were ordered. Fortenberry Miller, George Wilson (NM) that the House suspend the rules and Frank (MA) Mitchell Wilson (OH) The Clerk read the title of the bill. pass the bill, H.R. 1252, as amended. Gerlach Mollohan Wolf The SPEAKER pro tempore. The This will be a 5-minute vote. Giffords Moore (KS) Woolsey question is on the motion offered by The vote was taken by electronic de- Gilchrest Moore (WI) Wu the gentleman from New Jersey (Mr. Gillibrand Moran (VA) Wynn vice, and there were—yeas 284, nays Gillmor Murphy (CT) Yarmuth PALLONE) that the House suspend the 141, not voting 7, as follows: Gonzalez Murphy, Patrick Young (FL) rules and pass the bill, H.R. 2429.

VerDate Aug 31 2005 00:48 May 24, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A23MY7.012 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5648 CONGRESSIONAL RECORD — HOUSE May 23, 2007 This will be a 5-minute vote. Miller (NC) Reyes Stearns PARLIAMENTARY INQUIRY The vote was taken by electronic de- Miller, Gary Reynolds Stupak Miller, George Rodriguez Sullivan Mr. PRICE of Georgia. Parliamen- vice, and there were—yeas 422, nays 0, Mitchell Rogers (AL) Sutton tary inquiry, Madam Speaker. answered ‘‘present’’ 1, not voting 9, as Mollohan Rogers (KY) Tancredo The SPEAKER pro tempore. The gen- follows: Moore (KS) Rogers (MI) Tanner Moore (WI) Rohrabacher Tauscher tleman may state his parliamentary [Roll No. 405] Moran (KS) Ros-Lehtinen Taylor inquiry. YEAS—422 Moran (VA) Roskam Terry Mr. PRICE of Georgia. Madam Murphy (CT) Ross Thompson (CA) Abercrombie Cummings Holt Murphy, Patrick Rothman Speaker, I wish to reserve a point of Thornberry Ackerman Davis (AL) Honda Murphy, Tim Roybal-Allard order on H.R. 1100, and would ask the Tiahrt Aderholt Davis (CA) Hooley Murtha Royce Tiberi Chair at what time would be the appro- Akin Davis (IL) Hoyer Musgrave Ruppersberger Tierney Alexander Davis (KY) Inglis (SC) Myrick Rush priate time to reserve that point of Allen Davis, David Inslee Nadler Ryan (OH) Towns order. Altmire Davis, Jo Ann Israel Napolitano Ryan (WI) Turner The SPEAKER pro tempore. Now Andrews Davis, Lincoln Issa Udall (CO) Neal (MA) Salazar would be the appropriate time to make Arcuri Davis, Tom Jackson (IL) Neugebauer Sa´ nchez, Linda Udall (NM) Baca Deal (GA) Jackson-Lee Nunes T. Upton the point of order. Bachmann DeFazio (TX) Van Hollen Oberstar Sanchez, Loretta f Bachus Delahunt Jefferson Obey Sarbanes Vela´ zquez Baird DeLauro Jindal Olver Saxton Visclosky POINT OF ORDER Baker Dent Johnson (IL) Ortiz Schakowsky Walberg Baldwin Diaz-Balart, L. Johnson, E. B. Pallone Schiff Walden (OR) Mr. PRICE of Georgia. Then, Madam Barrett (SC) Diaz-Balart, M. Johnson, Sam Pascrell Schmidt Walsh (NY) Barrow Dicks Jones (NC) Speaker, I rise to reserve a point of Pastor Schwartz Walz (MN) order against consideration of H.R. 1100 Bartlett (MD) Dingell Jordan Paul Scott (GA) Wamp Bean Doggett Kagen Payne Scott (VA) Wasserman because I believe that the bill itself fits Becerra Donnelly Kanjorski Pearce Sensenbrenner Schultz the definition of an earmark. And I Berkley Doolittle Kaptur Pence Serrano Waters Berman Doyle Keller would ask the author of the bill if he Perlmutter Sessions Watson Berry Drake Kennedy Peterson (MN) Sestak might, by way of making my point of Biggert Dreier Kildee Watt Peterson (PA) Shadegg Waxman order, I would quote rule XXI, clause Bilbray Duncan Kilpatrick Petri Shea-Porter Bilirakis Edwards Kind Weiner 9(d), which states the definition for a Pickering Sherman Welch (VT) Bishop (GA) Ehlers King (IA) Pitts Shimkus congressional earmark, and it states, Weldon (FL) Bishop (NY) Ellison King (NY) Platts Shuler Means a provision or report language Weller Bishop (UT) Ellsworth Kingston Poe Shuster included primarily at the request of a Blackburn Emanuel Kirk Westmoreland Pomeroy Simpson Member providing, authorizing or rec- Blumenauer Emerson Klein (FL) Porter Sires Wexler Blunt Engel Kline (MN) Price (GA) Skelton Whitfield ommending a specific amount of dis- Boehner English (PA) Knollenberg Price (NC) Slaughter Wicker cretionary budget authority, credit au- Bonner Eshoo Kucinich Pryce (OH) Smith (NE) Wilson (NM) thority, or other spending authority, or Bono Etheridge Kuhl (NY) Putnam Smith (NJ) Wilson (OH) Boozman Everett LaHood Radanovich Smith (TX) Wilson (SC) other expenditure, or targeted to a spe- Boren Fallin Lamborn Rahall Smith (WA) Wolf cific State, locality or congressional Boswell Farr Lampson Ramstad Snyder Woolsey district, other than through a statu- Boucher Fattah Langevin Rangel Solis Wu tory or administrative formula driven Boustany Feeney Lantos Regula Souder Wynn Boyd (FL) Ferguson Larsen (WA) Rehberg Space Yarmuth or competitive award process. Boyda (KS) Filner Larson (CT) Reichert Spratt Young (AK) And I would be pleased to yield to the Brady (PA) Flake Latham Renzi Stark Young (FL) Brady (TX) Forbes LaTourette author of the bill as to why this bill Braley (IA) Fortenberry Lee ANSWERED ‘‘PRESENT’’—1 doesn’t fit that definition of an ear- Brown (SC) Fossella Levin Barton (TX) mark. Brown, Corrine Foxx Lewis (CA) The SPEAKER pro tempore. The gen- Brown-Waite, Frank (MA) Lewis (GA) NOT VOTING—9 Ginny Franks (AZ) Lewis (KY) tleman may make his point of order, DeGette Jones (OH) Shays Buchanan Frelinghuysen Linder but may not yield. Hulshof McMorris Burgess Gallegly Lipinski Thompson (MS) Hunter Rodgers Mr. PRICE of Georgia. I reserve a Burton (IN) Garrett (NJ) LoBiondo Johnson (GA) Sali Butterfield Gerlach Loebsack point of order then. I make my point of Buyer Giffords Lofgren, Zoe ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE order against the consideration of H.R. Calvert Gilchrest Lowey The SPEAKER pro tempore (during 1100. Camp (MI) Gillibrand Lucas The SPEAKER pro tempore. The Campbell (CA) Gillmor Lungren, Daniel the vote). Members are advised that Cannon Gingrey E. there are 2 minutes remaining in this point of order may not be reserved. Cantor Gohmert Lynch vote. Mr. PRICE of Georgia. I make a point Capito Gonzalez Mack of order against consideration of H.R. Capps Goode Mahoney (FL) 1100. Capuano Goodlatte Maloney (NY) b 1339 Cardoza Gordon Manzullo Madam Speaker, I believe I have Carnahan Granger Marchant So (two-thirds being in the affirma- made my point that this bill indeed fits Carney Graves Markey tive) the rules were suspended and the the definition of a congressional ear- Carson Green, Al Marshall bill was passed. Carter Green, Gene Matheson mark under rule XXI, clause 9(d) and, Castle Grijalva Matsui The result of the vote was announced therefore, violates the rules of the Castor Gutierrez McCarthy (CA) as above recorded. House and, therefore, should not be Chabot Hall (NY) McCarthy (NY) A motion to reconsider was laid on Chandler Hall (TX) McCaul (TX) considered. Clarke Hare McCollum (MN) the table. The SPEAKER pro tempore. The Clay Harman McCotter Chair finds that the entry on page 6 of Cleaver Hastert McCrery f the report of the Committee on Nat- Clyburn Hastings (FL) McDermott Coble Hastings (WA) McGovern ural Resources constitutes compliance Cohen Hayes McHenry GENERAL LEAVE with clause 9(a) of rule XXI. The point Cole (OK) Heller McHugh Mr. GRIJALVA. Madam Speaker, I of order is overruled. Conaway Hensarling McIntyre Conyers Herger McKeon ask unanimous consent that all Mem- f Cooper Herseth Sandlin McNerney bers may have 5 legislative days within Costa Higgins McNulty which to revise and extend their re- CARL SANDBURG HOME NATIONAL Costello Hill Meehan marks and include extraneous material HISTORIC SITE BOUNDARY REVI- Courtney Hinchey Meek (FL) SION ACT OF 2007 Cramer Hinojosa Meeks (NY) on H.R. 1100. Crenshaw Hirono Melancon The SPEAKER pro tempore (Ms. The SPEAKER pro tempore. Pursu- Crowley Hobson Mica CLARKE). Is there objection to the re- ant to House Resolution 429 and rule Cubin Hodes Michaud Cuellar Hoekstra Miller (FL) quest of the gentleman from Arizona? XVIII, the Chair declares the House in Culberson Holden Miller (MI) There was no objection. the Committee of the Whole House on

VerDate Aug 31 2005 00:48 May 24, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.042 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5649 the state of the Union for the consider- amendment that made several tech- We will also be introducing, by Mr. ation of the bill, H.R. 1100. nical changes and standardized the HELLER of Nevada, an amendment that b 1344 bill’s language. The amended bill was says if this land wishes to be donated, forwarded to the full committee by we will accept it. IN THE COMMITTEE OF THE WHOLE voice vote. The bill, as amended, was Had any of these three amendments Accordingly, the House resolved ordered favorably reported to the been adopted in the committee, the itself into the Committee of the Whole House by the Natural Resources Com- committee of jurisdiction, this bill House on the state of the Union for the mittee by voice vote. would probably be here as a suspension consideration of the bill (H.R. 1100) to Mr. Chairman, H.R. 1100 is a result of bill. But when the attitude is it’s all or revise the boundary of the Carl Sand- a lengthy public planning process. It nothing, rejecting any kind of minority burg Home National Historic Site in has extensive and enthusiastic commu- input, we will probably object for the the State of North Carolina, and for nity support, including the support of logic in this bill. This bill can be other purposes, with Mr. PASTOR in the the landowners involved. It also has jammed through by the numbers but chair. the backing of the Bush administration certainly not by the logic. The Clerk read the title of the bill. and North Carolina’s Republican Sen- Mr. Chairman, I realize the chief The CHAIRMAN. Pursuant to the ators. Given all this, we have to won- sponsor is here, and I think it would be rule, the bill is considered read the der why there are those who would try only fair to allow him to have the op- first time. to make this, a straightforward bill, portunity to speak now in defense of The gentleman from Arizona (Mr. controversial. his bill before I go on. GRIJALVA) and the gentleman from Mr. Chairman, I would again com- Mr. Chairman, with that, I reserve Utah (Mr. BISHOP) each will control 30 mend Representative SHULER for his the balance of my time. minutes. hard work on behalf of this important The Chair recognizes the gentleman and worthy legislation, and I strongly Mr. GRIJALVA. Mr. Chairman, I from Arizona. urge the passage of H.R. 1100, as yield such time as he may consume to Mr. GRIJALVA. Mr. Chairman, H.R. amended. the chairman of the Natural Resources 1100 authorizes a boundary expansion Mr. Chairman, I reserve the balance Committee, Mr. RAHALL. of 115 acres at the Carl Sandburg Home of my time. Mr. RAHALL. Mr. Chairman, I cer- National Historic Site, a unit of the Mr. BISHOP of Utah. Mr. Chairman, tainly want to commend the distin- National Park System in western I yield myself such time as I may con- guished chairman of the subcommittee, North Carolina. The bill was intro- sume. Mr. GRIJALVA, the respected chairman duced by my colleague on the Natural Mr. Chairman, the headlines in the of the Subcommittee on Parks, Forests Resources Committee, Representative papers could probably read ‘‘Scramble and Public Lands, for his efforts in the Eggs Because We’re Bringing Home HEATH SHULER, in whose district the managing the bill on the floor today Sandburg National Historic Site is lo- the Bacon.’’ and bringing this legislation before us. We are going to be leaving for Memo- cated. Representative SHULER has been I, of course, do rise in support of H.R. rial Day weekend. We will have the a strong advocate for the bill, and I 1100, introduced by one of our newest ability of standing in front of our con- commend him for his enthusiasm and colleagues on the Natural Resources stituents, looking them straight in the the dedication to this important piece Committee, a very respected member eye, and saying that one of the last of our committee, Representative of legislation. things we did before we went back The 264-acre Carl Sandburg Home Na- HEATH SHULER. I commend Mr. SHULER home was to cast a vote for something for his work on this legislation as well tional Historic Site preserves the farm that can be described as one of the big- where the two-time Pulitzer Prize-win- as his dedication to his constituents, gest pieces of pork legislation we have. who stand firmly behind this bill to ning author and his family lived for the A contingency from North Carolina, last 22 years of his life. Carl Sandburg protect and interpret a local resource both congressional and senatorial side, that has national importance. Some was one of America’s most versatile come to Washington and they brought and recognized writers whose stories, may call it pork. Whatever you want. something back home. Even though But the last time I checked, we are the histories, and poems captured and re- this particular bill does not meet the corded America’s traditions, struggles, people’s House of Representatives. We definition of general welfare as was in- represent the people that sent us here. and dreams. tended in the Constitution, does not H.R. 1100 authorizes a 115-acre bound- And perhaps because Mr. SHULER is meet a critical need, does not enhance doing such an effective job of that, it ary adjustment that is recommended in the purpose of a specific park that we the historic site’s 2003 General Manage- raises the ire of some in this body. But have, it does spend money upfront and he has worked diligently to guide this ment Plan, a plan developed through a will yearly require this country to bill through the legislative process. I 4-year process that involved extensive have a larger financial obligation. And applaud him for those efforts. public input. The boundary adjustment it does also tell us that enough votes Carl Sandburg was an American poet, is necessary to allow construction of a can deliver anything regardless of the a biographer, novelist, and songwriter. visitor center and a parking lot as well merits. as to protect the pastoral views from We intend to show to all those who Today the farm he owned is preserved the Sandburg estate. may be listening that this bill fails on as the Carl Sandburg Home National H.R. 1100 authorizes the Secretary of the size, the cost, and the logic of it. Historic Site, managed by the National Interior to acquire land from willing We intend to introduce three amend- Park Service for all Americans to visit sellers only, and I would note that all ments eventually within this process. and learn about the life and works of of the affected landowners have agreed One that will say that 5 acres included one of America’s most beloved authors. to have their parcels included in the in this recommendation has logic to it, During the 22 years Sandburg spent proposal to expand the historic site. that we admit that is truly there. at the farm until his death in 1967, he H.R. 1100 is important for the contin- There is a need for safe public parking published more than ten volumes of po- ued protection and operation of this and a visitor center, which is the 5 etry and prose, including a novel and historic site, and it has bipartisan sup- acres they requested. an autobiography. And it was this farm port. At a hearing on the bill last We will also present an amendment he returned to after winning his second month, the administration testified in which will say the first thing we need Pulitzer Prize in 1951. support of the legislation, as did a local to do is make sure that we are dealing The pending measure is important to county commissioner. In the Senate, with the backlog of resource needs that the future protection and interpreta- companion legislation has been spon- we have. This particular park, accord- tion of the Sandburg farm. The 115-acre sored by Senator DOLE and Senator ing to the National Park Service, has boundary adjustment will allow for the BURR. $600,000 worth of construction needs in construction of a much-needed visitor During the markup of this bill, the the regular park itself, which we center and parking lot. As important, Subcommittee on National Parks, For- should be doing before we try any kind the boundary adjustment will provide ests and Public Lands adopted an of expansion. the opportunity to protect the views

VerDate Aug 31 2005 00:48 May 24, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.046 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5650 CONGRESSIONAL RECORD — HOUSE May 23, 2007 from the Sandburg estate that the au- tunity for us to realize what an ear- want to add, and the house could burn thor and his family cherished and that mark is, whether it is recognized by to the ground, and you wouldn’t know today’s visitors so richly enjoy. the Chair as an earmark or not, what about it until the fire trucks from the The State of North Carolina’s De- real pork is, and what a Federal land town came running by the road to get partment of Cultural Resources has grab is. there. This has nothing to do with pre- recognized the importance of pro- This is designed to increase the Na- serving and protecting the vast purpose tecting the views from Sandburg’s es- tional Park Service’s land inventory. of this particular park. I’ve got four tate by purchasing 22 acres within the This is ironic considering that the Na- problems with this bill, this is the first proposed boundary expansion area. tional Park Service currently has an one. They intend to donate these acres to overall maintenance backlog for lands The second one deals with the cost. the National Park Service upon au- it currently owns. In fact, this very When we had the hearing in the mark- thorization of the boundary adjust- site, the Carl Sandburg National His- up, it was said that this bill would cost ment. All of the other affected land- toric Site, already has $600,000 in de- between 2- and $3 million. CBO has now owners have agreed to have their prop- ferred maintenance cost itself. scored it at $7 million. They have also erties included within the proposed The author of the bill said that this said it will incur to the Federal Gov- boundary adjustment. was a mission to allow the site. If my ernment an ongoing expense of a half This is a straightforward bill, as the understanding is correct, you cannot million dollars a year. This park al- chairman of the subcommittee has even see the additional 115 acres from ready costs about $1.2 million to run. said. It enjoys bipartisan support, and I the home site itself. And I don’t know They bring in about $100,000 to $200,000 urge that it be approved by all of our if this is going to involve any land- worth of revenue a year, so it is a $1 colleagues on the House floor. scaping or cutting down trees or grad- million drag on the Federal Treasury Mr. BISHOP of Utah. Mr. Chairman, ing costs or whatever, and maybe Mr. at first. This will add to that, making I reserve the balance of my time. Sandburg did see this, but it must have it a $1.5 million net deficit every year Mr. GRIJALVA. Mr. Chairman, I been on a walk and not from his home. the existence of this park is there. yield such time as he may consume to This was not an original part of the Now, some people will say, look, it’s the author and sponsor of the legisla- Sandburg estate. And if you read the only 100 acres. We’re only talking tion, Congressman SHULER. about $7 million. In the scope of what Mr. SHULER. Mr. Chairman, Carl intent of the legislation when it was we do here in the Nation, that’s not Sandburg was a national treasure who done, it was to preserve the farm, not much. But if you actually spend $7 mil- spent 20 years of his life in the moun- to buy up all the surrounding land. tains of western North Carolina. While Mr. Chairman, I hope that my col- lion here, 2- or $3 million there, pretty he was not a native son, we in North leagues will understand exactly what soon you realize that we are in a situa- Carolina are certainly proud to claim this bill is, that they will oppose it and tion where we have squandered all our him as one of our own. join me in protecting the taxpayers’ money, and we don’t have anything for His farm is now a National Historic dollar. those deserving projects that actually Site visited by thousands of families Mr. GRIJALVA. Mr. Chairman, I re- are before us. around the world. This site is impor- serve the balance of my time. The National Park Service said this tant both for its history and its beauty. Mr. BISHOP of Utah. Mr. Chairman, park itself needs $600,000 in mainte- H.R. 1100 would revise the boundary I yield myself such time as I may con- nance work. It is galling that a park of the historic site to add 115 acres. sume. system that is always talking about The addition would serve two purposes. This bill authorizes the purchase of the need would in any way recommend The first purpose is to protect the sce- 115 acres. I have already said 5 acres is or that we as a body would adopt that nic views and open spaces the Sandburg legitimate. There is a need for safe recommendation to try and expand family enjoyed from their home. The parking and a visitor center, and that into areas that we are not necessarily second purpose is to allow the site to is the amount of space that they need. dealing with. build a much-needed visitor center and It is the other 110 acres which, unfortu- I show you this picture right now be- parking area. These additions are part nately, fits the title of ‘‘pork.’’ cause it is Dinosaur National Monu- of the site’s General Management Plan This park is about Carl Sandburg. It ment. It straddles the border between which was adopted in 2003, after a full is supposed to venerate his life and his Utah and Colorado. This is the visitors public process. literary legacy. Unfortunately, the center. I used to go there. This is excit- This bill has wide bipartisan support. extra 110 acres has absolutely nothing ing. The entire mountain has been The administration has testified in to do with his life or literary legacy. scaled back, and you can see the fossil support of this bill. North Carolina The National Park System said, and remains of dinosaurs. Unfortunately, Senators RICHARD BURR and ELIZABETH some that sit here on the floor, that this is condemned. No school kid can DOLE are pushing companion legisla- this land would protect the viewshed. ever go into this building or see the tion in the Senate. And this is strongly The logical question is what viewshed? fossil remains. No Park Service em- supported by local county government. The ridge is the natural boundary of ployee can go in there because this is I thank Chairman GRIJALVA, Chair- this park. The land to be adopted is on the backlog of stuff that needs to be man RAHALL, and members of the com- over the ridge, which means you stand done. mittee for their support. anywhere in that extra 100 acres and Before we buy extraneous territory Mr. BISHOP of Utah. Mr. Chairman, you can’t see the house from that acre- that adds to something that has noth- it is my pleasure to yield 4 minutes to age. You stand at the house and you ing to do with the mission of the park, the gentleman from Georgia (Mr. can’t see the acreage unless we give we should solve these types of problems WESTMORELAND). you some complimentary periscopes. first, because the money we use to buy Mr. WESTMORELAND. Mr. Chair- Simply, there is no view to deal with. this land in North Carolina is money man, I want to thank my friend from The county came up here and said, that will not be used in real parks, for Utah for yielding. well, this park has evolved, kind of like real needs, for real issues anywhere It’s quite interesting. I was listening Jurassic Park, and now we are trying else in the Nation, in California, in Ari- to the rule debate, and the gentleman to protect some of the historic zona, in New Mexico, in Maine. None of from New York said that the reason pasturelands. those will receive that. It is simply a this was being brought up under a rule misplaced sense of priority. is to make sure that the process was b 1400 Now, this area was represented in the open and that there were people who Historic pasturelands? This is about past by a gentleman who used to chair had amendments, and I just thought Carl Sandburg. He wrote about Abra- the appropriations subcommittee that that was quite comical and more of the ham Lincoln. He did not invent Arby’s. dealt with public lands. He could have smoke-and-mirror thing that this ma- They also said during the committee easily added this kind of money to an jority has put forth. that this is to protect the resources. appropriations prospect. But having Mr. Chairman, I rise today in opposi- The resources of this park is the house. the ability of seeing the overall needs tion of H.R. 1100. This is a great oppor- You could be on that 100 acres they that we have in our forest system, our

VerDate Aug 31 2005 00:48 May 24, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.048 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5651 parks system, our public lands system, The Acting CHAIRMAN (Mr. ROSS). Page 2, line 20, after the period insert the he flat out didn’t. He did take, instead All time for general debate has expired. following: ‘‘The authority to acquire prop- of a parochial view, a very patriotic Pursuant to the rule, the amendment erty under this subsection may not be exer- view of the needs of this country, and I in the nature of a substitute printed in cised until all maintenance for the Historic Site deferred as of the day before the date of am hopeful that we will do that as the bill shall be considered as an origi- the enactment of this Act has been com- well. nal bill for the purpose of amendment pleted.’’. There is a third area of concern I under the 5-minute rule and shall be The Acting CHAIRMAN. Pursuant to have, and that deals with community. considered read. House Resolution 429, the gentleman To be honest, we are dealing with a The text of the committee amend- from Utah (Mr. BISHOP) and a Member community that overtaxed its citizens ment is as follows: opposed each will control 5 minutes. by $5 million last year. They brought H.R. 1100 The Chair recognizes the gentleman in $5 million more than they spent. Be it enacted by the Senate and House of Rep- from Utah. They have a general reserve fund of $21 resentatives of the United States of America in Mr. BISHOP of Utah. Mr. Chairman, million. If this is definitely needed as Congress assembled, as I said in the opening remarks, we open space, because it doesn’t really fit SECTION 1. SHORT TITLE. are going to try to present some the park, but any kind of open space, This Act may be cited as the ‘‘Carl Sandburg amendments that can actually make they could easily do that. Or they Home National Historic Site Boundary Revision Act of 2007’’. this into a better bill. could do what cash-strapped cities in This is the first one in which I want SEC. 2. DEFINITIONS. the West do, which is simply bond for to do which simply deals with the that kind of an approach. Even the idea For the purposes of this Act: (1) MAP.—The term ‘‘map’’ means the map en- backlog we are talking about. that 20 acres was given to the State, titled ‘‘Sandburg Center Alternative’’ numbered This amendment requires the Park and that the State will now dedicate 445/80,017 and dated April 2007. Service to eliminate its maintenance that, still presents another problem be- (2) SECRETARY.—The term ‘‘Secretary’’ means backlog at this particular national his- cause that means that forevermore this the Secretary of the Interior. toric site, the Carl Sandburg site, prior county will have additional PILT land, (3) HISTORIC SITE.—The term ‘‘Historic Site’’ to the purchasing of land. and additional PILT money will be means Carl Sandburg Home National Historic As I said already, there is a $600,000 going to that, which, once again, cuts Site. backlog that the Park Service has said SEC. 3. CARL SANDBURG HOME NATIONAL HIS- into the amount which is a finite sup- TORIC SITE BOUNDARY ADJUST- exists already at Carl Sandburg’s his- ply for all of us that are left. MENT. toric site. According to the Congres- The fourth reason I have a problem (a) ACQUISITION AUTHORITY.—The Secretary sional Budget Office, this bill costs $7 with this bill is simply it’s not pork. If may acquire from willing sellers by donation, million to implement. Those funds this was a significant addition to giv- purchase with donated or appropriated funds, must be prioritized on an ‘‘existing ing the message of Carl Sandburg, I or exchange not more than 110 acres of land, needs’’ list, which means the Park would not object to it. If this was the water, or interests in land and water, within the Service has the discretion to use the $7 5 acres that is a significant addition for area depicted on the map, to be added to the Historic Site. million to buy new land before they ac- parking, safety and for a visitors cen- (b) VISITOR CENTER.—To preserve the historic tually fix the existing buildings that ter, I would not object to it. But this is character and landscape of the site, the Sec- happen to be there. simply land that doesn’t protect a retary may also acquire up to five acres for the Overall, the Park Service has a main- viewshed, that doesn’t have any histor- development of a visitor center and visitor park- tenance backlog that’s anywhere from ical connection with the family. It is ing area adjacent to or in the general vicinity of $5- to $10 billion. This is not the time land that is simply being gobbled up the Historic Site. to buy more land until we fix the exist- and will forevermore be subsidized (c) BOUNDARY REVISION.—Upon acquisition of ing problems. Any addition to this through PILT payments by this body any land or interest in land under this section, park simply exacerbates the problem. the Secretary shall revise the boundary of the to this county. And when we have these Historic Site to reflect the acquisition. And this bill, not only in the overall other needs, the question is simply, for (d) AVAILABILITY OF MAP.—The map shall be cost, but also add an additional $500,000 what? There is no logic for that. on file and available for public inspection in the a year on operating costs of this par- This is a hard place, I know, to deal appropriate offices of the National Park Service. ticular park. with logic; but this is one of those bills (e) ADMINISTRATION.—Land added to the His- So once again, Mr. Chairman, this is that simply defies logic. Mr. Chairman, toric Site by this section shall be administered as the purpose of this particular amend- for that reason I have to oppose this part of the Historic Site in accordance with ap- ment, to say, fine. What we will do, particular bill. plicable laws and regulations. though, is make sure that what we own Mr. Chairman, I yield back the bal- The Acting CHAIRMAN. No amend- and what we are operating and what we ance of my time. ment to the committee amendment is are using, which is actually the house, Mr. GRIJALVA. Mr. Chairman, as we in order except the amendments print- it’s about Carl Sandburg, should be go into the discussion and the debate ed in House Report 110–165. Each properly maintained first before the on the amendments, let me just remind amendment may be offered only in the Park System uses any of this money my colleagues that H.R. 1100 is sup- order printed in the report; by a Mem- that may be appropriated or any of ported by the Bush administration, ber designated in the report; shall be their dedicated funds that they may State and local governments, citizens, considered read; shall be debatable for have for that kind of appropriation to and North Carolina’s Republican Sen- the time specified in the report, equal- expand the park. Fix what we have ators. I would also note that the 115- ly divided and controlled by the pro- first. acre addition was developed through a ponent and an opponent of the amend- Mr. Chairman, I reserve the balance 4-year planning process. ment; shall not be subject to amend- of my time. And, yes, Carl Sandburg is beloved in ment; and shall not be subject to a de- Mr. GRIJALVA. Mr. Chairman, I rise North Carolina, but his significance is mand for division of the question. in opposition to this amendment. of national importance. That is why AMENDMENT NO. 1 OFFERED BY MR. BISHOP OF The Acting CHAIRMAN. The gen- our cosponsors from east coast to west UTAH tleman from Arizona is recognized for 5 coast are part of this bipartisan legis- The Acting CHAIRMAN. It is now in minutes. lation. order to consider amendment No. 1 Mr. GRIJALVA. Mr. Chairman, this Mr. Chairman, I would say that the printed in House Report 110–165. amendment is clearly intended to stop preservation of the Carl Sandburg Mr. BISHOP of Utah. Mr. Chairman, the boundary expansion at the Carl Home National Historic Site and the I offer an amendment. Sandburg home historical site from enhancement of that site is a national The Acting CHAIRMAN. The Clerk ever happening. It imposes excessive, responsibility, and that is why this leg- will designate the amendment. ill-defined requirements on this his- islation is important, to extend that The text of the amendment is as fol- toric site, standards that we have national responsibility. lows: never imposed on any other national Mr. Chairman, I yield back the bal- Amendment No. 1 offered by Mr. BISHOP of park or government agency, and that I ance of my time. Utah: suspect most of us would never impose

VerDate Aug 31 2005 00:48 May 24, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.050 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5652 CONGRESSIONAL RECORD — HOUSE May 23, 2007 on ourselves. Could you, as a home- makes sense that we take care of this Page 2, line 18, strike ‘‘110’’ and insert owner, certify that all maintenance on first before we do any kind of other ex- ‘‘five’’. your home is ever complete? Isn’t there pansions; otherwise, we are simply not Page 2, line 18, strike the comma at the end. always a light bulb to be changed, a dealing properly with what should be Page 2, strike ‘‘within the area depicted on wall to be painted? Would we expect before us. the map,’’. the Department of Defense to certify I appreciate, also, the fact that North Page 2, line 22, strike ‘‘also’’ and all that that maintenance on every piece of Carolina bought the 22 acres, but I follows through ‘‘acres’’ on line 23 and insert equipment in their inventory is com- would remind you also that they the following: ‘‘use the land, water, or inter- plete before allowing them to purchase bought it from a group that virtually ests in land and water acquired under sub- new equipment? Of course not. So why had the land so it could be kept in open section (a)’’. is the Carl Sandburg Home Historic space in the first place, and that as The Acting CHAIRMAN. Pursuant to Site expected to meet that standard? soon as we federalize these acres as House Resolution 429, the gentleman The minority has had 12 years to do well as the other 110 acres, this auto- from Utah (Mr. BISHOP) and a Member something about the National Park matically becomes PILT money avail- opposed each will control 5 minutes. Service maintenance backlog and able for North Carolina. This is the gift The Chair recognizes the gentleman failed to act, but that failure should that keeps on giving and the cost that from Utah. not be allowed to hinder the continuing keeps on costing the rest of this Na- Mr. BISHOP of Utah. Mr. Chairman, needs of the National Park System. tion. this is the amendment that does what The new majority in Congress is com- Mr. Chairman, I yield back the bal- I originally said ought to have been mitted to addressing the past budget ance of my time. done. There has been compelling evi- shortfalls, while managing and growing Mr. GRIJALVA. Mr. Chairman, I dence that there is a need for 5 addi- the National Park Service responsibly. yield 2 minutes to my colleague from tional acres to provide for safe parking We can do both, and we must do both. North Carolina, sponsor of the legisla- enhancement and to provide for a visi- Further, Mr. BISHOP’s amendment re- tion (Mr. SHULER). tors center. In addition, in the testi- quires an unspecified person to deter- Mr. SHULER. Mr. Chairman, this mony we had at the hearing, they mine that all deferred maintenance at amendment unfairly targets H.R. 1100. asked that this acreage not be made Carl Sandburg has been completed, but The gentleman from Utah did not mandatory as contiguous to the park fails to define not only who makes the offer this amendment to two similar itself to leave them the flexibility as determination, but also what the defi- Republican bills. Had he required H.R. far as the planning process. nition of ‘‘deferred maintenance’’ is. 1080, Mrs. CUBIN’s legislation dealing So what I am asking for this to do is Therefore, I don’t see how a determina- with the Grand Teton National Park, make in order those 5 acres, which I tion can ever be made. Even the Direc- to delay land acquisition until deferred admit is a legitimate request, and it tor of the National Park Service her- maintenance was completed, it would would not include the extra 110 acres self has testified before the Sub- have cost them $57 million. That is 115 that are supposedly for a viewshed pro- committee on National Parks, Forests times more in deferred maintenance tection that no one can see or for a re- and Public Lands that deferred mainte- costs than the Carl Sandburg home. source that is not related in any way to nance is an ongoing process, just like it None of these groups or agencies is the purpose of this particular park. is for every other Federal agency or a required to complete backlog Mr. Chairman, I reserve the balance homeowner. maintenances. That is because the of my time. The North Carolina Department of maintenance is never fully completed, Mr. GRIJALVA. Mr. Chairman, I rise Cultural Resources has already pur- and it is an ongoing process. in opposition to the amendment. chased 22 of the 110 acres proposed to This amendment fails to define the The Acting CHAIRMAN. The gen- be added. They would like to donate deferred maintenance, what it is, who tleman is recognized for 5 minutes. these lands to the National Park Serv- will complete it, or in what time frame Mr. GRIJALVA. Mr. Chairman, the ice, but Congress must authorize this it is to be completed. It is a weak at- Bishop amendment arbitrarily slashes boundary adjustment first. This tempt to stop legislation. the boundary adjustment at the Carl amendment would require the State to I urge my colleagues to vote ‘‘no’’ on Sandburg Home National Historic Site continue to hold the land indefinitely, this amendment. by 95 percent. This reduction is based something they should not have to do. Mr. GRIJALVA. Mr. Chairman, I on no science, no studies, and would Mr. Chairman, this amendment will yield back the balance of my time. substitute the judgment of a few for have no impact on whether the backlog The Acting CHAIRMAN. The ques- those of the many. of maintenance on the national parks tion is on the amendment offered by The National Park Service has in- is managed effectively. Rather, it was the gentleman from Utah (Mr. BISHOP). vested 4 years and tens of thousands of simply introduced to kill this boundary The question was taken; and the dollars in a public planning process to addition. I urge defeat of the amend- Chairman announced that the noes ap- determine the future of this very im- ment. peared to have it. portant historic site. With extensive Mr. Chairman, I reserve the balance Mr. BISHOP of Utah. Mr. Chairman, analysis and public input, a 115-acre of my time. I demand a recorded vote. boundary adjustment was determined Mr. BISHOP of Utah. Mr. Chairman, The Acting CHAIRMAN. Pursuant to to be necessary to protect park re- I think it is one of those things that clause 6 of rule XVIII, further pro- sources and provide for the enjoyment it’s a simple question: Do we expand ceedings on the amendment offered by of the public. Mr. BISHOP’s amendment what we have, buy more stuff to take the gentleman from Utah will be post- simply ignores this, undermining good care of, or do we take care of what we poned. public policy. have first? And I have to admit that The amendment flies in the face of under Republican leadership we have b 1415 the wishes of the local community, in- had huge increases in these budgets; AMENDMENT NO. 2 OFFERED BY MR. BISHOP OF cluding the village council and the however, the need is still significantly UTAH local county commissioners. It defies there. The Acting CHAIRMAN. It is now in the many State and Federal agencies I appreciate the comments that were order to consider amendment No. 2 that participated in and supported the made by my colleague, the gentleman printed in House Report 110–165. outcome of the multiyear planning from Arizona, as to what those deferred Mr. BISHOP of Utah. Mr. Chairman, process. It contradicts the wishes of maintenance needs may or may not be. I offer an amendment. the Bush administration, who testified Actually, the Park Service has already The Acting CHAIRMAN. The Clerk in support of this legislation at a hear- done that. They have listed out exactly will designate the amendment. ing just last month. And it goes what needs to be done there. In fact, I The text of the amendment is as fol- against the desires of two Senators said $600,000. I was wrong. It’s $599,673 lows: from North Carolina, both Republicans, worth of specific maintenance that has Amendment No. 2 offered by Mr. BISHOP of I might add, who have sponsored com- to be done on this site first. And it just Utah: panion legislation in the Senate.

VerDate Aug 31 2005 00:56 May 24, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.053 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5653 Mr. Chairman, this amendment also sion of that park is expanding the rent Federal estate. Nearly 85 percent flies in the face of the desires of land- Grand Teton Park by six ten-thou- of my home State of Nevada is con- owners in question who have agreed to sandths of a percent. This particular trolled by the Federal Government. In have their properties included in the bill expands this park 44 percent, and if Nevada, we have vast management proposed boundary expansion. It vir- you divide $7 million by the number of needs. We need funding for important tually guarantees these lands will be acres, that is something around $64,000 priorities like the management of wild developed. The owners would like the an acre. horses and burros, wildfire mitigation opportunity at some future date to sell That would be a cost that would be and management, endangered species, their property or an easement on their there. There is an ongoing cost and an and rangeland and habitat restoration, property to the historic site for con- ongoing decision that the United to just name a few. And I know this is servation purposes. If and when these States needs to go into if we are going the case across much of the West. landowners are ready to sell their land, to make these kinds of decisions. We need to be cognizant of the fact this amendment assures that the Fed- Like I said, the amendment is that every time we add to the Federal eral Government would not be at the straightforward. There is a need for estate, it spreads our already limited table, but a developer surely will. parking. There is a need for the visi- resources even thinner. As a result, Mr. Mr. Chairman, the Natural Resources tors center; 5 acres meets that need. Chairman, any additions to the Federal Committee has moved this year Repub- The rest of it is simply not a need, it is estate must be carefully debated and lican-sponsored park expansion bills not necessary, and we should reject have demonstrable necessities of Fed- that have added more than 3,000 acres this kind of pork. eral protection. at a cost of millions of dollars with no Mr. Chairman, I yield back the bal- This bill was reported out of com- amendment of this type offered. Money ance of my time. mittee, Mr. Chairman, with an esti- and expanding parking are clearly not Mr. GRIJALVA. Just in closing, on mated price tag of $2.25 million. Since the real issue here. The Bishop amend- the issue of cost, CBO scored this bill that time, as mentioned by my col- ment has no science, no studies, no as costing $7 million because they in- league from Utah, the Congressional local support, and it should be de- cluded the cost of the future visitors Budget Office has scored this legisla- feated. center that was estimated at $3.5 mil- tion and determined that the actual Mr. Chairman, I yield 2 minutes to lion. Just for the record, I note that price tag is $7 million. That is no small chunk of change; $7 the gentleman from North Carolina both Mr. BISHOP’s amendment and Mr. million can provide energy assistance (Mr. SHULER). HELLER’s amendment allow the $3.5 Mr. SHULER. Mr. Chairman, this million to be spent on the visitors cen- to over 44,000 North Carolina house- amendment violates the wishes of the ter. holds living below poverty. Mr. Chairman, $7 million can go a residents of Henderson County, their Mr. Chairman, I yield back the bal- long way to protect veterans in the Republican county commissioners, the ance of my time. Asheville veterans hospital, which has State of North Carolina, Republican The Acting CHAIRMAN. The ques- been plagued by shortages of nurses Senators ELIZABETH DOLE and RICHARD tion is on the amendment offered by and doctors. the gentleman from Utah (Mr. BISHOP). BURR and the administration. Mr. Chairman, $7 million would buy The amendment was rejected. Additionally, this amendment flies in flu shots for all of the children living the face of the 2003 general manage- AMENDMENT NO. 3 OFFERED BY MR. HELLER OF below the poverty level in North Caro- NEVADA ment plan that was conducted publicly lina’s 11th District for 11 years. with wide support. This general man- The Acting CHAIRMAN. It is now in And in the context of this debate, agement plan included all 115 acres order to consider amendment No. 3 that $7 million is desperately needed to that are in this bill. This amendment printed in House Report 110–165. manage and maintain the land cur- would eliminate the ability of the Carl Mr. HELLER of Nevada. Mr. Chair- rently owned by the Federal Govern- Sandburg Home to protect their man, I offer an amendment. ment. In fact, some of that money is viewshed and thus undermine the pur- The Acting CHAIRMAN. The Clerk needed to address the $600,000 in de- pose of this bill. will designate the amendment. ferred maintenance currently existing My bill is not seeking any appropria- The text of the amendment is as fol- at the very site that is proposed for ex- tion or requiring the government to lows: pansion. purchase anything. I oppose this Amendment No. 3 offered by Mr. HELLER of Additionally, it is unclear to me why amendment, and I urge my colleagues Nevada: this particular piece of property is Page 2, strike lines 15 through 20 and insert to do the same. vital to the Carl Sandburg story for Mr. BISHOP of Utah. Mr. Chairman, the following: (a) ACQUISITION AUTHORITY.—The Secretary which the park was created and in dire I take some umbrage at the claim that may acquire from willing sellers by dona- need of Federal protection. this is an arbitrary number that is tion, purchase with donated funds, or ex- Mr. Chairman, during subcommittee taken out. In our hearing testimony, it change not more than 110 acres of land, proceedings we learned that this expan- was very clear from both the park as water, or interests in land and water, within sion enjoys support from the commu- well as the county that 5 acres was the area depicted on the map, to be added to nity and local governments. I under- what was needed for the parking and the Historic Site.’’. stand the importance of communities the visitors center. That is not a num- The Acting CHAIRMAN. Pursuant to and Federal land management agencies ber pulled out of the air. It was specifi- House Resolution 429, the gentleman working together, and it is in that spir- cally for 5 acres. That is why I have from Nevada (Mr. HELLER) and a Mem- it that I am offering this amendment. continuously used that particular number opposed each will control 5 min- This amendment strikes a balance ber. utes. that will allow for the expansion of the Things have changed, I admit, since The Chair recognizes the gentleman park, but will not take away from the the hearing. When we had the hearing, from Nevada. already overburdened budget for public it was said this would totally cost Mr. HELLER of Nevada. Mr. Chair- lands management. somewhere between $2 million and $3 man, in the spirit of my colleague from Henderson County, which is the home million. CBO has said today this will Utah, I rise today to offer an amend- of the Carl Sandburg Home National cost $7 million and a continuing ongo- ment to H.R. 1100 that will allow for Historic Site, has determined that they ing fee of $500,000 every year. the expansion of the Carl Sandburg would like to protect the viewshed I would not be necessarily as opposed Home National Historic Site, provided area. If this is the priority for them, to this if indeed donation was the goal. that it is acquired from willing sellers this compromise amendment will give It is unfair to the gentlelady from Wy- by donation, purchased with donated the community the opportunity to oming, as well as the bill that deals funds, or exchange. show their support by making a finan- with a donation of land to the Grand As those of us from public land cial commitment to purchase this Teton National Park, to compare this States know all too well, public fund- property, with the Federal Government with that. That was simply a donation. ing for lands management is insuffi- ultimately responsible for manage- The total cost is zero. The total expan- cient to adequately manage the cur- ment. I believe that local support can

VerDate Aug 31 2005 00:56 May 24, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.059 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5654 CONGRESSIONAL RECORD — HOUSE May 23, 2007 make this compromise I am proposing mittee favorably reported a Republican Mr. HELLER. Mr. Chairman, I de- a reality. bill that would add more than 3,000 mand a recorded vote. Mr. Chairman, my amendment allows acres to the Jean Lafitte National His- The Acting CHAIRMAN. Pursuant to for my colleague’s constituents to toric Park. That bill allows appro- clause 6 of rule XVIII, further pro- achieve their goal while protecting the priated funds to be used, and the CBO ceedings on the amendment offered by budgets of our Federal land manage- estimate put the cost at up to $5 mil- the gentleman from Nevada will be ment agencies, who have a difficult lion. Why should appropriated funds be postponed. time managing the lands they already available for that bill but specifically Mr. GRIJALVA. Mr. Chairman, I own. protected in this bill? move that the Committee do now rise. I urge my colleagues to support this Mr. Chairman, land protection at a The motion was agreed to. amendment and its wise use of Federal national historic site is a national re- Accordingly, the Committee rose; resources. sponsibility, as recognized by my Re- and the Speaker pro tempore (Mr. PAS- Mr. Chairman, I reserve the balance publican colleagues in the Jean Lafitte TOR) having assumed the chair, Mr. of my time. legislation. The Heller amendment is ROSS, Acting Chairman of the Com- Mr. GRIJALVA. Mr. Chairman, I rise inconsistent and unfair. I believe Mr. mittee of the Whole House on the State in opposition to the amendment. SHULER’s predecessor did not recognize of the Union, reported that that Com- The Acting CHAIRMAN. The gen- the importance of enhancing and pro- mittee, having had under consideration tleman is recognized for 5 minutes. tecting this valuable viewshed. We the bill (H.R. 1100) to revise the bound- Mr. GRIJALVA. Mr. Chairman, this should not penalize the author of this ary of the Carl Sandburg Home Na- amendment is inconsistent and unfair. legislation for recognizing it. tional Historic Site in the State of As I stated earlier, the enhancement Mr. Chairman, I yield 2 minutes to North Carolina, and for other purposes, and preservation of this site is a na- Mr. SHULER for his comments. had come to no resolution thereon. Mr. SHULER. Mr. Chairman, while tional responsibility. This amendment f abdicates that responsibility by prohib- my preference is for as much land to be URGING AMERICANS AND PEOPLE iting the use of Federal funds to fulfill donated or purchased privately, this OF ALL NATIONALITIES TO this role. Strangely, it allows Federal amendment would tie the hands of the VISIT THE AMERICAN CEME- funds to be used for development but government if it ever decided to step in TERIES, MEMORIALS AND MARK- requires State and local landowners to and protect the Carl Sandburg home’s viewshed. ERS shoulder the costs of protecting the Mr. HELLER did not offer this amend- historic viewshed. Mr. FILNER. Mr. Speaker, I move to ment to Mrs. CUBIN’s bill or Mr. Philanthropy has and will continue suspend the rules and agree to the reso- JINDAL’s bill in committee, both Re- to play an important role in the care of lution (H. Res. 392) urging Americans publican bills very similar to H.R. 1100. and people of all nationalities to visit our national parks and is something It is not reasonable to expect all of that we are all thankful and grateful the American Cemeteries, Memorials the land to be donated from small land- and Markers. for. A perfect example is the State of owners who are currently living on the North Carolina. Recognizing the impor- The Clerk read the title of the resolu- land. I urge my colleagues to oppose tion. tance of protecting the historic this amendment. viewshed, it has purchased 22 of the 110 The text of the resolution is as fol- Mr. HELLER of Nevada. Mr. Chair- lows: acres identified as needing protection man, I yield 11⁄2 minutes to the gen- H. RES. 392 and would like to donate them to the tleman from Utah (Mr. BISHOP). National Park Service. The National Mr. BISHOP of Utah. Mr. Chairman, Whereas the United States has fought in Park Service will, of course, continue I wish to simply address a couple of the wars outside of its borders to restore free- to welcome any donation of land or dom and human dignity; issues that have been brought up again. Whereas the United States has spent its money to help protect the remainder of In comparing this particular bill to national treasure and shed its blood in fight- this land. two others, one specifically still held ing those wars; However, it is irresponsible to expect up in the committee, it is true that one Whereas many of those who died on the the State to shoulder the total respon- bill did have a donation, which is what battlefield were laid to rest exactly where sibility of purchasing all 110 acres, nor he is patterning after, so the Grand they fell; should small landowners have the re- Teton bill is very similar to this: Will- Whereas those plots of ground are now sponsibility to donate their property to ing donor. known as American Cemeteries, Memorials the National Park Service. We need to The other bill by the gentleman from and Markers, and they exist in 10 foreign maintain the option to purchase the countries on four continents; Louisiana (Mr. JINDAL) is with the Whereas these cemeteries exist as the final land from willing sellers, so that when Jean Lafitte National Park. This is the resting place for American servicemembers it is on the sale block, the Federal Gov- ability of coming up with area that is who fought valiantly in battles across the ernment’s hands are not tied. necessary for protecting from the dev- globe, including Ardennes and Flanders, Bel- The amendment is not about the astation of hurricanes. It is also area gium; Manila, the Philippines; North Africa, availability of Federal funds. This is a coming mainly from State and local Tunisia; Florence, Italy; and Normandy, funding source specifically set aside for lands, not from private owners, and we France; Federal acquisitions of land identified do not actually oppose the boundary Whereas each year millions of American as important for conservation. The and foreign citizens visit the American revisions because it makes sense on a Cemeteries, Memorials and Markers; Land and Water Conservation Fund has case-by-case basis in this particular Whereas these overseas sites annually rec- a current balance of $16 billion. I would area, especially when the cost for the ognize Memorial Day with speeches, a read- say that is sufficient to allow the pos- land is only $1,000 per acre. It would ing of the Memorial Day Proclamation, sibility of using appropriated funds for only increase the size of this particular wreath laying ceremonies, military bands this 110-acre addition. national site by 15 percent, not the 44 and units, and the decoration of each grave site with the flag of the United States and b 1430 percent as in this one. Mr. GRIJALVA. Mr. Chairman, I that of the host country; and This amendment is also inconsistent. yield back the balance of my time. Whereas the splendid commemorative sites It allows the use of Federal funds to Mr. HELLER of Nevada. Mr. Chair- inspire patriotism, evoke gratitude, and purchase 5 acres for construction of a teach history: Now, therefore, be it man, I yield back the balance of my Resolved, That House of Representatives visitor center, yet does not allow the time. strongly urges Americans and people of all use of Federal funds to purchase 110 The Acting CHAIRMAN. The ques- nationalities to visit the American Ceme- acres of land or easements to protect tion is on the amendment offered by teries, Memorials and Markers abroad, where the historic viewshed. the gentleman from Nevada (Mr. HELL- the spirit of American generosity, sacrifice, Finally, this amendment is unfair. ER). and courage are displayed and commemo- Committee Republicans raised no ob- The question was taken; and the Act- rated. jections nor offered any amendments ing Chairman announced that the noes The SPEAKER pro tempore. Pursu- when the Natural Resources Com- appeared to have it. ant to the rule, the gentleman from

VerDate Aug 31 2005 00:56 May 24, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.062 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5655 California (Mr. FILNER) and the gen- occur. We have provided the resources Mr. LAMBORN. Mr. Speaker, I yield tleman from Colorado (Mr. LAMBORN) to meet these needs. Now we have to myself such time as I may consume. each will control 20 minutes. have accountability for their spending. Mr. Speaker, I want to thank the The Chair recognizes the gentleman The Veterans’ Affairs Committee of chairman of the committee for the from California. this Congress has pledged to do that. good work he has done and also the Mr. FILNER. Mr. Speaker, I yield So we have a collection of bills on ranking member, the gentleman from myself such time as I may consume. the floor this afternoon to say thank Indiana (Mr. BUYER), for the good work Mr. Speaker, we are about to take up you to our Nation’s veterans, thank he has done in helping shepherd this a package of seven bills that have come you for your efforts in this war, thank package of bills and resolutions that to the floor from the Veterans Com- you for your efforts in past wars, and are on the floor today paying tribute to mittee, a committee which I am very we honor those who gave the ultimate our Nation’s veterans. proud of that has worked together over sacrifice on Memorial Day. Mr. Speaker, on House Resolution the first 4 or 5 months of this session to This resolution before us now, H. Res. 392, I want to commend this resolution keep our contract with our Nation’s 392, comes to us under the leadership of urging Americans and people of all na- veterans. And there is no better time the gentleman from Colorado (Mr. tionalities to visit the American ceme- than just before Memorial Day to say LAMBORN), and I thank him for his ac- teries, memorials and markers located thank you. Memorial Day celebrates tivity on the Veterans’ Affairs Com- on and near the battlefields where those who have made the ultimate sac- mittee. This resolution encourages peo- members of our Armed Forces fought rifice for our Nation’s freedom. We are ple to visit the cemeteries, memorials, and died to secure our Nation’s free- here on the floor today to say thank and markers overseen by the American dom, and to actually secure the free- you to those, and to those who are still Battle Monuments Commission. I am dom of the whole world. deployed, and to veterans from past sure many people who hear this say, Properly honoring a veteran’s mem- wars. what is the American Battle Monu- ory is one of our most solemn and sa- In the recent election, Mr. Speaker, ments Commission? cred obligations. These patriots and the Democrats promised to do more for In 1923, Congress created the Battle their families are due the tribute and our Nation’s veterans. We said we had Monuments Commission to control the thanks of a grateful Nation. a President who was saying, support construction of military cemeteries, The overseas national cemeteries of the troops, support the troops, support monuments and markers erected to the troops; but when they came home, the American Battle Monuments Com- honor American servicemembers killed where was that support? Walter Reed mission provide these heroes honored on foreign soil. Host countries provide ripped off the veil of our incompetency repose in a national shrine far from the the necessary lands for these sites to of dealing with veterans and showed homes they left to serve us. These the United States in perpetuity and that so many were not getting the care cemeteries are the gold standard in free of charge. they were promised and people thought memorializing the priceless gift given The Commission cares for 24 military they were getting. us by those who fell in our defense. We have had story after story in the cemeteries and 25 memorials, monu- The Commission oversees 24 overseas Nation’s press about how returning ments and markers in 15 nations military cemeteries that serve as rest- veterans with PTSD or brain injury around the world. These sites serve as ing places for almost 125,000 American have not been getting the care which the final resting places for almost war dead; on Tablets of the Missing this Nation has promised at the high- 125,000 Americans who fought in the that memorialize more than 94,000 est quality medical system in the Mexican-American War through World United States service men and women; world. So we have to do better. War I and II. The Commission takes and through 25 memorials, monuments We have a system that is really special care that all cemeteries under and markers. about to break and collapse. What we its supervision are maintained to the These memorials and cemeteries are saw as the majority party is that the highest standard attainable. the final resting place for Americans first thing that had to be done was give The Battle Monuments Commission who fought valiantly in battles whose the VA the resources to carry out the extends an open invitation to all to names ennoble our history: Ardennes job; secondly, we had to have account- visit these splendid shrines and go be- and Flanders, Belgium; Manila in the ability for the spending of those re- yond the most well known, like Nor- Philippines; North Africa, Tunisia, sources. mandy, and venture into others. Each Italy, and Normandy. Well, in the first three spending bills site has its own sense of history, sac- With Memorial Day less than a week that went through this House, we were rifice and beauty; each offers a dif- away, this is a most fitting time to able to add $13 billion for the health ferent and unique experience. No two consider this resolution. I ask my col- care of our veterans. That is an unprec- have the same garden or architecture. leagues to support it. I look forward to edented increase from one year to the Perhaps only the spiritual qualities are its passage. next, an increase of 30 percent in the similar. Mr. Speaker, I reserve the balance of health care budget. In less than a month from now, on my time. We have put in the resources to clean June 6, the Battle Monuments Commis- Mr. FILNER. Mr. Speaker, I have no up the backlog of claims for disability sion will commemorate the 63rd anni- further speakers. pensions that have built up to 600,000. versary of the D-Day landing by open- Mr. LAMBORN. Mr. Speaker, I yield We have put in the money to open up ing a new Normandy American Ceme- such time as he may consume to the new Centers of Excellence for trau- tery Visitor Center. Under construc- ranking member, the gentleman from matic brain injury, to finally give the tion since 2002, the center will tell the Indiana (Mr. BUYER). mental health care that the tens of story of the American servicemembers b 1445 thousands of veterans who are coming memorialized at Normandy. back from Iraq and Afghanistan need. I encourage everyone to visit this Mr. BUYER. Mr. Speaker, I rise We call it PTSD, post-traumatic new D-Day center and any of the other today in strong support of H. Res. 392 stress disorder, but virtually every sol- sites under the jurisdiction of the Com- that encourages Americans and people dier subject to at least five blasts that mission. of all nationalities to visit American would give them brain injury, seeing Overseas American cemeteries are cemeteries, memorials and markers op- their buddies shot and killed in front of lasting reminders of America’s willing- erated by the American Battle Monu- them, maybe having to kill even by ac- ness to come to the defense of others. ments Commission. cident some innocent people in Iraq, These tangible symbols of American More than 125,000 American war dead they come back with tremendous men- values endure long after the fighting is of the Mexican, Civil, Spanish Amer- tal issues. They have to be worked out. over. ican and both World Wars are buried in They need medical care, and too many Mr. Speaker, I thank Mr. LAMBORN American cemeteries across the globe. have been falling through the cracks. for bringing this resolution to us. Our overseas cemeteries are under the So we have said we will provide the Mr. Speaker, I reserve the balance of jurisdiction of the American Battle resources to make sure that does not my time. Monuments Commission. I believe they

VerDate Aug 31 2005 00:56 May 24, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.065 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5656 CONGRESSIONAL RECORD — HOUSE May 23, 2007 are the gold standard in preserving the even ask of the chairman, there is a The SPEAKER pro tempore. The gen- final resting place of this Nation’s he- bill that was filed by one of our col- tleman from Indiana is recognized. roes. leagues to bring recognition to Ray- Mr. BUYER. Mr. Speaker, I think by I’ve had the privilege of visiting our mond Jerry Murphy, to name the De- silence, by omission, the chairman just cemeteries in Normandy, in Luxem- partment of Veterans Affairs Medical spoke, and how disappointed I am that bourg and Cyrennes which is just out- Center in New Mexico after this Medal veterans, that he just said that he side Paris. I believe that those who of Honor winner. And I’ve given you wanted to come to the floor, that he work at these cemeteries, in fact, when several letters as to why this bill was going to take this moment as a I said they set the gold standard, it is shouldn’t be brought up. We’re hopeful thank-you to veterans and all they do; a standard to which our VA cemeteries that you could have brought this bill yet here we have an opportunity in bi- here in this country should achieve. to the floor while he was alive, but now partisanship to recognize this Medal of It’s emblematic, I believe, of our Na- he has since deceased. Honor winner from Korea, whereby he tion’s regard to those who made the So I would ask the chairman if he has wouldn’t even do it when the gen- highest sacrifice. knowledge as to why this bill shouldn’t tleman was alive, and now he’s de- They are true shrines to Americans be brought to the floor and given the ceased, and he still won’t even give this who came to lands that they had never same honor to which you’re giving here individual the recognition. Yet the seen, to fight for a people that they with regard to this bill. Senate bill, in a bipartisan fashion, I yield to the chairman. had never met. They fought for no lays upon this desk. Mr. FILNER. Mr. Speaker, this is not bounty of their own and left freedom in I am very disappointed, and I don’t a germane issue, and I will stick to their footsteps. know what it’s going to take to get you dealing with the bills on the floor. Normandy, the American cemetery, to move this bill and give the recogni- is probably the most famous of our Na- Mr. BUYER. So the chairman would raise an issue of germaneness rather tion. The Governor supports it. The tion’s overseas cemeteries. It is the two Senators support it. The Members final resting place of more than 10,000 than addressing the issue of how we honor the men and women who serve of Congress from New Mexico support Americans who died in one of the it. All the veterans service organiza- greatest and most decisive battles of this country. That is disappointing. This is a Medal of Honor winner from tions support the bill, and I support the epic struggle against tyranny in this bill. World War II. This year the Commis- the Korean War in which we tried to seek to give recognition, just like And if you know of a particular rea- sion will open a new visitors center to son as to why this Medal of Honor win- help communicate the story of this site we’re doing in this bill, in how we honor our Nation’s sacred fallen. This ner, Mr. Murphy, should not receive to those who fought and died over its this recognition by having the veterans length and breadth in time. is an individual of whom is so respected hospital named in his honor, please let I had the opportunity to deliver the in New Mexico the entire delegation all of us know, because if you’re block- Memorial Day address, along with my supports it. It passed by unanimous consent in the Senate. The Senate bill ing this for political motive, now we’re friend HENRY BROWN of South Carolina, at Normandy as I stood there on the lies upon this desk, but the chairman upset. Mr. LAMBORN. Mr. Speaker, on be- cliffs at Omaha Beach in 2005, an expe- of the Veterans Affairs Committee half of H. Res. 392, I have nothing more rience that I will never forget. won’t bring it to the floor, and I don’t When I visited the Luxembourg cem- understand. to add except I do want to thank the etery last year, I was in awe of the I will now yield back to the gen- chairman and I want to thank the beauty of the white stone chapel tleman for a better explanation, rather ranking member for their words on be- flanked by two very large stone pylons than germaneness, as to why you will half of H. Res. 392, and I urge its adop- as the centerpiece of this cemetery in not honor this veteran that the entire tion by the entire House. I yield back which then-General Patton lies in rest delegation of New Mexico supports. the balance of my time. The SPEAKER pro tempore (Mr. before his men. These pylons have GENERAL LEAVE ROSS). Does the gentleman from Indi- maps and inscriptions telling the Mr. FILNER. Mr. Speaker, I ask ana yield back the balance of his time? unanimous consent that all Members achievements of the U.S. Armed Forces Mr. BUYER. No, the gentleman from in the region. Inscribed here are the 371 have 5 legislative days in which to re- Indiana yields to the chairman of the vise and extend their remarks and in- names of missing who gave their lives House Veterans’ Affairs Committee. near this site but whose remains were clude extraneous material on H. Res. PARLIAMENTARY INQUIRY not recovered or identified. 392. The Luxembourg cemetery is also the Mr. FILNER. Mr. Speaker, par- The SPEAKER pro tempore. Is there final resting place for some 5,000 GIs liamentary inquiry. objection to the request of the gen- Does the yieldee have to make time who repulsed Hitler’s final offensive in tleman from California? for an extraneous comment from the the Battle of the Bulge, including sev- There was no objection. yielder? Mr. FILNER. Mr. Speaker, I urge my eral members of the famous Band of The SPEAKER pro tempore. Does the colleagues to join Mr. LAMBORN and me Brothers, deposed in Steve Ambrose’s gentleman from Indiana yield for a to unanimously support H. Res. 392. I book. parliamentary inquiry? I think if you visited any of these Mr. BUYER. I absolutely yield for a have no further requests for time, and cemeteries all over the world you can’t parliamentary inquiry. I yield back my time. help but walk away with the same feel- The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The ing that I have, a strong sense of hu- tleman from California will state his question is on the motion offered by mility and very humbled that these in- parliamentary inquiry. the gentleman from California (Mr. dividuals gave everything in the name Mr. FILNER. Is the yieldee required FILNER) that the House suspend the of freedom and in the name of liberty. to give time to the yielder for a matter rules and agree to the resolution, H. I just encourage everyone so when that has nothing to do with the matter Res. 392. you go overseas and you’re on a trip, or under discussion? The question was taken; and (two- you go to Paris, pause for a moment The SPEAKER pro tempore. Mem- thirds being in the affirmative) the and go visit one of our cemeteries on bers may yield to one another during rules were suspended and the resolu- foreign land. debate, but remarks must be confined tion was agreed to. And I’m pleased that after World War to the question under debate. A motion to reconsider was laid on II we now make every effort to bring Mr. FILNER. So are they through the table. these bodies back to our own country. with their time? Have they yielded f So from Korea and Vietnam and the back the balance of their time? first Gulf War, second Gulf War, we try The SPEAKER pro tempore. The gen- VETERANS OUTREACH everything we can to bring these bodies tleman from Indiana has the floor. IMPROVEMENT ACT OF 2007 back. Mr. BUYER. I will reclaim my time Mr. FILNER. Mr. Speaker, I move to And speaking of Korea, now that the since the gentleman now is not speak- suspend the rules and pass the bill chairman is here on the floor, I would ing of a parliamentary inquiry. (H.R. 67) to amend title 38, United

VerDate Aug 31 2005 00:56 May 24, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.068 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5657 States Code, to improve the outreach come measures developed by the Secretary ‘‘(C) In the case of a State in which no activities of the Department of Vet- under subsection (d)(4). State or county veterans agency seeks to re- erans Affairs, and for other purposes, ‘‘(d) GRANTS.—(1) The Secretary may make ceive a grant under this subsection, the a grant to a State or county veterans agency as amended. funds that would otherwise be allocated for to be used to carry out, coordinate, improve, that State shall be reallocated to those The Clerk read the title of the bill. or otherwise enhance— States in which county veterans agencies The text of the bill is as follows: ‘‘(A) outreach activities, including activi- exist and have sought grants under this sub- H.R. 67 ties carried out pursuant to a contract en- section. Be it enacted by the Senate and House of Rep- tered into under subsection (c); and ‘‘(9) A grant under this subsection may be ‘‘(B) activities to assist in the development resentatives of the United States of America in used to provide education and training, in- and submittal of claims for veterans and vet- Congress assembled, cluding on-the-job training, for State, coun- erans-related benefits, including activities ty, and local government employees who pro- SECTION 1. SHORT TITLE. carried out pursuant to a contract entered This Act may be cited as the ‘‘Veterans vide (or when trained will provide) veterans into under subsection (c). outreach services in order for those employ- Outreach Improvement Act of 2007’’. ‘‘(2) A State veterans agency that receives ees to obtain accreditation in accordance SEC. 2. IMPROVEMENT OF OUTREACH ACTIVI- a grant under this subsection may award all with procedures approved by the Secretary TIES WITHIN DEPARTMENT OF VET- or a portion of the grant to county veterans and, for employees so accredited, for pur- ERANS AFFAIRS. agencies within the State to provide out- poses of continuing education. (a) IN GENERAL.—Chapter 5 of title 38, reach services for veterans, on the basis of ‘‘(e) DEFINITIONS.—For the purposes of this United States Code, is amended by adding at the number of veterans residing in the juris- section: the end the following new subchapter: diction of each county. ‘‘(1) The term ‘State veterans agency’ ‘‘(3) To be eligible for a grant under this ‘‘SUBCHAPTER IV—OUTREACH means the element of the government of a ACTIVITIES subsection, a State or county veterans agency shall submit to the Secretary an applica- State that has responsibility for programs ‘‘§ 561. Outreach activities: coordination of ac- and activities of that State government re- tivities within the Department tion containing such information and assur- ances as the Secretary may require. The Sec- lating to veterans benefits. ‘‘(a) COORDINATION PROCEDURES.—The Sec- retary shall require a State or county vet- ‘‘(2) The term ‘county veterans agency’ retary shall establish and maintain proce- erans agency to include, as part of the agen- means the element of the government of a dures for ensuring the effective coordination cy’s application— county or municipality that has responsi- of the outreach activities of the Department ‘‘(A) a three-year plan for the use of the bility for programs and activities of that between and among the following: grant; and county or municipal government relating to ‘‘(1) The Office of the Secretary. ‘‘(B) a description of the programs through veterans benefits. ‘‘(2) The Office of Public Affairs. which the agency will meet the annual out- ‘‘§ 563. Outreach activities: funding ‘‘(3) The Veterans Health Administration. come measures developed by the Secretary ‘‘(a) SEPARATE ACCOUNT.—Amounts for the ‘‘(4) The Veterans Benefits Administration. under paragraph (4). outreach activities of the Department under ‘‘(5) The National Cemetery Administra- ‘‘(4)(A) The Secretary shall develop and this subchapter shall be budgeted and appro- tion. provide to the recipient of a grant under this priated through a separate appropriation ac- ‘‘(b) ANNUAL REVIEW OF PROCEDURES.—The subsection written guidance on annual out- count. Secretary shall— come measures, Department policies, and ‘‘(b) SEPARATE STATEMENT OF AMOUNT.—In ‘‘(1) annually review the procedures in ef- procedures for applying for grants under this the budget justification materials submitted fect under subsection (a) for the purpose of section. to Congress in support of the Department ensuring that those procedures meet the re- ‘‘(B) The Secretary shall annually review budget for any fiscal year (as submitted with quirements of that subsection; and the performance of each State or county vet- the budget of the President under section ‘‘(2) make such modifications to those pro- erans agency that receives a grant under this 1105(a) of title 31), the Secretary shall in- cedures as the Secretary considers appro- section. clude a separate statement of the amount re- priate in light of such review in order to bet- ‘‘(C) In the case of a State or county vet- quested to be appropriated for that fiscal ter achieve that purpose. erans agency that is a recipient of a grant year for the account specified in subsection ‘‘§ 562. Outreach activities: cooperative activi- under this subsection that does not meet the (a). annual outcome measures developed by the ties with States; grants to States for im- ‘‘§ 564. Definition of outreach provement of outreach Secretary, the Secretary shall require the agency to submit a remediation plan under ‘‘For purposes of this subchapter, the term ‘‘(a) PURPOSE.—It is the purpose of this which the agency shall describe how and ‘outreach’ means the act or process of taking section to provide for assistance by the Sec- when it plans to meet such outcome meas- steps in a systematic manner to provide in- retary to State and county veterans agencies ures. The Secretary must approve such plan formation, services, and benefits counseling to carry out programs in locations within before the Secretary may make a subsequent to veterans, and the survivors of veterans, the respective jurisdictions of such agencies grant to that agency under this subsection. who may be eligible to receive benefits under that offer a high probability of improving ‘‘(5) No portion of any grant awarded under the laws administered by the Secretary to outreach and assistance to veterans, and to this subsection may be used for the purposes ensure that those individuals are fully in- the spouses, children, and parents of vet- of administering the grant funds or to sub- formed about, and assisted in applying for, erans, to ensure that such individuals are sidize the salaries of State or county vet- any benefits and programs under such laws fully informed about, and assisted in apply- erans service officers or other employees of a for which they may be eligible. ing for, any veterans’ and veterans-related State or county veterans agency that re- benefits and programs (including State vet- ‘‘§ 565. Authorization of appropriations ceives a grant under this subsection. ‘‘There is authorized to be appropriated to erans’ programs) for which they may be eli- ‘‘(6) Federal funds provided to a State or the Secretary for each of fiscal years 2008, gible. county veterans agency under this sub- 2009, and 2010, $25,000,000 to carry out this ‘‘(b) PRIORITY FOR AREAS WITH HIGH CON- section may not be used to provide more subchapter, including making grants under CENTRATION OF ELIGIBLE INDIVIDUALS.—In than 50 percent of the total cost of the State section 562(d) of this title.’’. providing assistance under this section, the or county government activities described in (b) CLERICAL AMENDMENT.—The table of Secretary shall give priority to State and paragraph (1) and shall be used to expand ex- sections at the beginning of such chapter is county veteran agencies in locations— isting outreach programs and services and amended by adding at the end the following ‘‘(1) that have relatively large concentra- not to supplant State and local funding that new items: tions of populations of veterans and other in- is otherwise available. dividuals referred to in subsection (a); or ‘‘(7) In awarding grants under this sub- ‘‘SUBCHAPTER IV—OUTREACH ACTIVITIES ‘‘(2) that are experiencing growth in the section, the Secretary shall give priority to ‘‘561. Outreach activities: coordination of ac- population of veterans and other individuals State and county veterans agencies that tivities within the Department. referred to in subsection (a). serve the largest populations of veterans. ‘‘562. Outreach activities: cooperative activi- ‘‘(c) CONTRACTS FOR OUTREACH SERVICES.— ‘‘(8)(A) In a case in which a county govern- ties with States; grants to The Secretary may enter into a contract ment does not have a county veterans agen- States for improvement of out- with a State or county veterans agency in cy, the county government may be awarded reach. order to carry out, coordinate, improve, or a grant under this subsection to establish ‘‘563. Outreach activities: funding. otherwise enhance outreach by the Depart- such an agency. ‘‘564. Definition of outreach. ment and the State or county (including out- ‘‘(B) In a case in which a county govern- ‘‘565. Authorization of appropriations.’’. reach with respect to a State or county vet- ment does not have a county veterans agen- (c) DEADLINE FOR IMPLEMENTATION.—The erans program). As a condition of entering cy and does not seek to establish such an Secretary of Veterans Affairs shall imple- into any such contract, the Secretary shall agency through the use of a grant under this ment the outreach activities required under require the agency to submit annually to the subsection, the State veterans agency for the subchapter IV of chapter 5 of title 38, United Secretary a three-year plan for the use of State in which the county is located may use States Code, as added by subsection (a), by any funds provided to the agency pursuant to a grant under this section to provide out- not later than 120 days after the date of the the contract and to meet the annual outreach services for that county. enactment of this Act.

VerDate Aug 31 2005 00:56 May 24, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.071 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5658 CONGRESSIONAL RECORD — HOUSE May 23, 2007 The SPEAKER pro tempore. Pursu- Mr. BUYER. Mr. Speaker, I yield my- support, as well as Mr. HALL, the chair- ant to the rule, the gentleman from self such time as I may consume. man of the subcommittee, and the gen- California (Mr. FILNER) and the gen- I rise in strong support of H.R. 67, the tleman who just spoke, Mr. LAMBORN, tleman from Indiana (Mr. BUYER) each Veterans Outreach Improvement Act. I the ranking member of the sub- will control 20 minutes. thank my colleagues, Mr. MCINTYRE committee. The Chair recognizes the gentleman and Mr. FILNER, for bringing the legis- This truly has been a bipartisan ef- from California. lation to the floor. fort. H.R. 67 will help our veterans cut Mr. FILNER. Mr. Speaker, I yield to H.R. 67 requires Secretary Nicholson through the bureaucratic red tape. You myself such time as I may consume. to coordinate and implement a plan know, as we approach Memorial Day This bill comes to us from the gen- throughout the VA to help provide vet- this coming weekend, there can be no tleman from North Carolina (Mr. MCIN- erans with outreach so that they are greater tribute that we pay to our vet- TYRE), and we thank him for his leader- aware of potential benefits and under- erans than ensuring that they receive ship on veterans outreach. stand how to apply for them. the benefits that they need and de- If I had to sum up this bill in one The bill also authorizes a matching serve. phrase, I would say that it allows local fund grants program for State and H.R. 67 would allow the VA to part- organizations to provide more bang for local governments to provide such out- ner with State and local governments the buck by having greater resources reach. to reach out to veterans and their fam- at the local level. I’d also like to thank my colleague, ilies, to ensure that they receive the This bill requires the VA to partner Mr. LAMBORN from Colorado, for his benefits for which they are eligible, with State and local governments, amendment to this legislation with re- and assisting them in completing their through grant opportunities, to reach porting and grant requirements to benefits claims. The Veterans Outreach out to veterans and their families to strengthen accountability for admis- Improvement Act would require the ensure receipt of benefit for which they sion. Secretary of the VA to establish and are eligible and assist them in com- Mr. Speaker, I yield 2 minutes to the annually review a plan to coordinate pleting their benefits claims. gentleman from Colorado (Mr. outreach activities within the Depart- As we have seen from recent news re- LAMBORN). ports all over the country, we still ment so that local veterans service of- Mr. LAMBORN. Mr. Speaker, I rise in ficers can better serve our veterans. have veterans slipping through the strong support of H.R. 67, the Veterans cracks of this system. They are either Unfortunately, many veterans, their Outreach Improvement Act of 2007. spouses, or, in some cases, their sur- unaware of their veterans benefits or I would like to thank my friend and are having difficulty getting those ben- viving spouses, are unaware of the ben- colleague, Mr. HALL of New York, efits to which they are entitled efits processed. chairman of the committee’s Disability This bill establishes a grant program through the VA. In fact, according to a Assistance and Memorial Affairs Sub- Knight-Ridder report, as many as 2 for the VA to provide to States’ out- committee, of which I am ranking reach activities, cooperative relation- million poor veterans or their widows member, for his leadership on this bill. may not be receiving up to $22 billion ships and benefit claims development. I would also like to thank Mr. MCIN- The grant program allows State vet- annually in pensions to which they are TYRE, the sponsor of this legislation, entitled. Other estimates suggest that erans agencies to award a portion of and both Ranking Member BUYER and the grants to local governments for only 30 percent of our veterans receive Chairman FILNER for their support. the benefits for which they are eligible. outreach purposes. One of the persistent challenges we In addition, the grant allows funding Under this bill, the Secretary of the face in providing benefits to deserving VA would establish a grant program to for education and training of State and veterans is communicating to them local government employees for ac- fund outreach at the State and local and their families the existence of ben- levels with accompanying performance creditation to provide outreach serv- efits they may have earned. This bill is ices. It may also be used to establish a measures to ensure that the Federal a solid example of good federalism. It funds are effectively promoting out- local government veterans service pro- funds outreach by State and local gov- gram. reach. This bill would authorize $25 ernments, which have proven to be ca- million annually in fiscal years 2008, The bill prohibits any portion of the pable incubators for effective public grant to be used by the State for ad- 2009, and 2010 to fund this grant pro- policy. gram. That is $1 for each veteran in ministrative purposes and requires the This legislation also sends VA a sig- America, just $1 to make sure that we VA to allocate grants based on veteran nal that Congress expects strong and are reaching out to these brave men populations. effective outreach to our veterans. and women who fought for our country The bill limits grant use by States to I’m also pleased that Chairman HALL less than 50 percent of the cost of State and I were able to work together to im- to know about the benefits they have and local government outreach activi- prove an already good bill with an earned and have assistance in applying ties and prohibits grant funds from amendment that would improve VA’s for them. It would be $25 million well supplanting State and local funds for accountability for the taxpayer dollars spent, well directed. It’s the least that such activities. allocated under this authorization. we can do for those who have put their H.R. 67 authorizes $25 million annu- This amendment would require any lives on the line for our country to ally, in fact $1 per veteran in our Na- State or county veterans agency apply- make sure they know, understand and, tion, to improve outreach to veterans ing for funds to submit a plan for their in fact, receive the benefits for which and remove some of the significant ob- use to the VA Secretary and for the they are eligible. stacles veterans must overcome to ac- Secretary to review their performance By providing these vital resources to cess their benefits. This is particularly annually. veterans service offices at the State true in rural areas, which Mr. MCIN- I urge my colleagues to support this and Federal level, we will indeed get TYRE represents. The bill also contains important legislation. more bang for our buck to locate vet- performance measures to ensure that erans and assist them in receiving the grant recipients are properly fulfilling b 1500 benefits they deserve. the requirements of the program. Mr. FILNER. Mr. Speaker, I yield to This legislation is supported by the The bill is supported by the Amer- the author of the legislation, Mr. MCIN- American Legion, Veterans of Foreign ican Legion, Military Officers Associa- TYRE, such time as he may consume. Wars, Paralyzed Veterans of America, tion, Veterans of Foreign Wars, Para- Mr. MCINTYRE. Mr. Speaker, I am Iraq and Afghanistan Veterans of lyzed Veterans of America, National honored to rise today in strong support America, the Military Officers Associa- County Veteran Service Officers, Na- of H.R. 67, the Veterans Outreach Im- tion of America, the National Associa- tional Organization of Veterans Advo- provement Act of 2007, a bill which I tion of Veterans’ Advocates and the cates, and Iraq and Afghanistan Vet- filed on the first day of this 110th Con- National Association of County Vet- erans of America. gress back in January. erans Service Officers. Mr. Speaker, I reserve the balance of I want to thank Chairman FILNER My special thanks to Ms. Ann my time. and Ranking Member BUYER for their Knowles of Sampson County, North

VerDate Aug 31 2005 00:56 May 24, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.072 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5659 Carolina, who has worked with us on force occupying commanding ground, life, and we think of them. Here is a this important bill in her role as na- Second Lieutenant Murphy steadfastly gentleman, Mr. MCINTYRE, I know ex- tional president of the County Vet- refused medical aid and continued to actly this is the type of person you are erans Service Officers. lead his men up a hill through a with- thinking about, who dedicated them- As Memorial Day approaches, it’s im- ering barrage of hostile mortar and selves to outreach. portant that we demonstrate to this small-arms fire, skillfully maneuvering So I ask you to talk to the chairman, Nation’s veterans our commitment to his force from one position to the next because he is the sole impediment as to provide them the benefits that they and shouting words of encouragement. why the House and the Senate do not need and deserve. By passing the Vet- Undeterred by increasing intense honor this gentleman. erans Outreach Improvement Act, we enemy fire, he immediately located Mr. Speaker, I yield back the balance will do just that. casualties as they fell and made sev- of my time. Mr. BUYER. Mr. Speaker, I yield to eral trips up and down the fire-swept GENERAL LEAVE myself such time as I may consume. hill to direct evacuation teams for the Mr. FILNER. Mr. Speaker, I ask I would ask the Chair how much time wounded, personally carrying many of unanimous consent that all Members I have. the stricken marines to safety. may have 5 legislative days in which to The SPEAKER pro tempore. The gen- When reinforcements were needed by revise and extend their remarks and in- tleman from Indiana has 18 minutes re- the assaulting elements, Second Lieu- clude extraneous material on H.R. 67, maining. tenant Murphy employed part of his as amended. Mr. BUYER. Mr. Speaker, I want to unit as support, and, during the ensu- The SPEAKER pro tempore. Is there thank the gentleman for bringing this ing battle, he killed two of the enemy objection to the request of the gen- bill to the Veterans’ Affairs Committee with his pistol. tleman from California? and for his interest in outreach. With all the wounded evacuated and There was no objection. In the bill previous to this one, I the assaulting units beginning to dis- Mr. FILNER. Mr. Speaker, I urge all brought up an issue with regard to how engage, he remained behind with a car- my colleagues to unanimously support we give proper recognition to a Medal bine to cover the movement of the this bill. Mr. ENGEL. Mr. Speaker, I rise today in of Honor recipient, Jerry Murphy of friendly forces off the hill, and, support of six excellent pieces of legislation New Mexico. Jerry Murphy, in his ten- through the suffering of intense pain ure at the Department of Veterans Af- that would benefit our Nation’s veterans. from his previous wounds, seized an Unfortunately, due to a family medical emer- fairs, even after he retired, was a automatic rifle to provide more fire- gency, I am unable to be present and vote for champion of veterans outreach. Like power when the enemy reappeared in these bills today. However, had I been here to many of my comrades, when they come the trenches. vote, each of the six bills would have had my back from war, they have seen a lot of After reaching the base of the hill, he full support. things, far worse than what I have ever organized a search party again to as- As we approach Memorial Day, it is impor- seen. They call themselves generally, cend the slope for a final check on tant to honor our Nation’s servicemen and Mr. MCINTYRE, the lucky ones, because missing marines. Locating and car- servicewomen. We would not be a free Nation one of their friends or buddies is in rying the bodies of a marine gun crew without the sacrifices that each and every one worse shape than what they are; they back down the hill, he was wounded a has made. These six important pieces of legis- dedicate their lives to them. second time while conducting the en- lation are an excellent way to repay some of That’s exactly what Jerry Murphy tire force to the line of departure the debt that we owe all of our soldiers, sail- did in his tenure, not only serving the through a continuing barrage of enemy ors, airmen, marines and merchant marines. Department of Veterans Affairs, but, in small arms, artillery, mortar fire. I support each of these bills, and I urge all addition, he was the director of the He also, once again, refused medical of my colleagues to honor our veterans by Veterans Services Division of the Albu- assistance until assured that every one supporting these bills as well. querque, New Mexico, regional VA of- of his men, including all casualties, Ms. BORDALLO. Mr. Speaker, I rise today fice from 1974 to 1997. This individual, had preceded him to the main line. His in support of H.R. 67, the Veterans Outreach dedicated his life and received not only resolute, inspiring leadership, excep- Improvement Act of 2007. This bill directs the the Medal of Honor, he also received tional fortitude and great personal Secretary of Veterans Affairs to establish, the Silver Star. valor reflect the highest credit upon maintain, and modify as necessary procedures What I would like to do, so America Second Lieutenant Raymond Murphy, for ensuring the effective coordination of out- can reach out and touch and under- and he enhanced the finest traditions reach activities of the Department of Veterans stand the type of individual who would of the United States Naval Service. Affairs, the Office of the Secretary, the Office dedicate his life to the service of his This was the citation he received, of Public Affairs, the Veterans Health Adminis- comrades, and he would push them in a was given to him when he received the tration, the Veterans Benefits Administration, wheelchair, take them to an appoint- Medal of Honor. This is the same indi- and the National Cemetery Administration. ment in that hospital. The individual vidual whereby the three members of The bill would also direct the Secretary of Vet- he was pushing, they had no idea that the New Mexico delegation, led by erans Affairs to ensure that state, territorial they were being pushed by a Medal of HEATHER WILSON, have brought a bill, and local outreach assistance is provided in Honor recipient. H.R. 474, to the floor about the VA locations that have relatively large concentra- This individual, Raymond G. Mur- Medical Center in Albuquerque, New tions of veterans or are experiencing growth in phy, was a second lieutenant in the Mexico, where he worked. As a matter veteran populations. Additionally, this bill United States Marines Reserve, Com- of fact, he was always the humble serv- would authorize the Secretary to make grants pany A, 1st Battalion, 5th Marines, 1st ant. Even after his retirement, as I to state veterans agencies for state and local Marine Division, and 3 February of 1953 said, he became a volunteer. outreach services. This legislation is supported was an important date, because on that This brave marine, who earned the by the Veterans of Foreign Wars, Paralyzed date, for his conspicuous gallantry, and Medal of Honor, chose to be buried Veterans of America, Military Officers Associa- the risk of his life above and beyond wearing his VA hospital volunteer tion of America, and Iraq and Afghanistan Vet- the call of duty as a platoon com- smock. This is the type of individual of erans of America. It represents another step in mander of Company A, and actions whom, at a moment like this, as we go our effort to fulfill our promises in the GI Bill against an enemy aggressor force, he into Memorial Day, we think of these of Rights for the 21st Century. rose up and distinguished himself. individuals, not only what they have It is a important that we act in manner that The citation that he received when done, not only at the moment of call- will help ensure that our government sponsors he was given the Congressional Medal ing, it was most difficult during war, quality programs and provides quality services of Honor stated that although pain- but then how did they dedicate their to our veterans. It is also important that we act fully wounded by fragments of an life. in a manner that will help ensure, to the extent enemy mortar shell while leading his Memorial Day, yes, it’s that day, but possible, that our veterans are able to take full evacuation platoon in support of as- it’s also a day whereby, not those who advantage of the programs and services of- sault units attacking a cleverly con- just died in service to country, but fered by Department of Veterans Affairs facili- cealed and well-entrenched hostile what do they do later on with their ties across the country. To achieve these

VerDate Aug 31 2005 02:19 May 24, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 9920 E:\CR\FM\K23MY7.075 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5660 CONGRESSIONAL RECORD — HOUSE May 23, 2007 goals we must, among other things, improve rules and pass the bill, H.R. 67, as tion and five-year capital plan for fiscal year the outreach capabilities and capacities of the amended. 2008. The question was taken. (f) SOUTHERN COLORADO REGION DEFINED.— Department of Veterans Affairs while also im- In this Act, the term ‘‘southern Colorado re- proving its coordination with state, territorial The SPEAKER pro tempore. In the gion’’ means the geographic region con- and local authorities. This will help greatly in opinion of the Chair, two-thirds being sisting of the following Colorado counties: our ongoing efforts to disseminate information in the affirmative, the ayes have it. (1) El Paso. regarding veterans programs and services and Mr. FILNER. Mr. Speaker, on that I (2) Pueblo. also help improve the quality of claims for demand the yeas and nays. (3) Teller. benefits submitted by our veterans. The yeas and nays were ordered. (4) Fremont. I remain committed to facilitating commu- The SPEAKER pro tempore. Pursu- (5) Las Animas. nication between federal authorities, veteran ant to clause 8 of rule XX and the (6) Huerfano. Chair’s prior announcement, further (7) Custer. service organizations, and veterans on Guam. (8) Costilla. We have achieved some success in this re- proceedings on this question will be (9) Alamosa. gard. But more must be done. I am routinely postponed. (10) Saguache. informed by federal officials that the quality of f (11) Conejos. (12) Mineral. claims received from Guam veterans, in par- ESTABLISHMENT OF NATIONAL ticular, needs to be improved. Efforts to im- (13) Archuleta. CEMETERY IN SOUTHERN COLO- (14) Hinsdale. prove and enhance outreach, communication, RADO REGION and information sharing between federal and (15) Gunnison. Mr. FILNER. Mr. Speaker, I move to (16) Pitkin. local officials and veterans embodied in this (17) La Plata. bill will help the situation on Guam. But I also suspend the rules and pass the bill (H.R. 1660) to direct the Secretary of (18) Montezuma. want to take this opportunity to again urge the (19) San Juan. veterans service organizations and veterans Veterans Affairs to establish a national (20) Ouray. themselves to be vigorous and proactive in cemetery for veterans in the southern (21) San Miguel. seeking out information and training on vet- Colorado region, as amended. (22) Dolores. erans programs and benefit claims submis- The Clerk read the title of the bill. (23) Montrose. sions. Many veterans already are, and in The text of the bill is as follows: (24) Delta. H.R. 1660 (25) Mesa. many ways, we are witnesses to veterans (26) Crowley. Be it enacted by the Senate and House of Rep- helping veterans. Continued information shar- (27) Kiowa. resentatives of the United States of America in ing and collaboration among and within the (28) Bent. Congress assembled, greater veterans community across the coun- (29) Baca. try will continue to result in stronger programs SECTION 1. ESTABLISHMENT OF NATIONAL CEM- ETERY IN SOUTHERN COLORADO The SPEAKER pro tempore. Pursu- and services for them. REGION. ant to the rule, the gentleman from This legislation is timely and important. On (a) IN GENERAL.—The Secretary of Vet- California (Mr. FILNER) and the gen- Guam, indeed across the country, our popu- erans Affairs shall establish, in accordance tleman from Colorado (Mr. LAMBORN) lation of veterans grows each month. We have with chapter 24 of title 38, United States each will control 20 minutes. a moral obligation to serve, in the best way Code, a national cemetery in El Paso Coun- The Chair recognizes the gentleman possible, those who have served to protect us ty, Colorado, to serve the needs of veterans from California. and to defend our freedom and liberty. Sup- and their families in the southern Colorado Mr. FILNER. Mr. Speaker, I yield region. port for this legislation is one way to help fulfill myself such time as I may consume. (b) CONSULTATION IN SELECTION OF SITE.— that obligation. I urge my colleagues to join Before selecting the site for the national I am pleased to bring to the floor a me in supporting H.R. 67. cemetery established under subsection (a), bipartisan bill authored by Congress- Mr. REICHERT. Mr. Speaker, as a former the Secretary shall consult with— man SALAZAR of Colorado with Con- member of the Air Force Reserve, I am (1) appropriate officials of the State of Col- gressman LAMBORN of Colorado. It es- pleased to rise in support of this important vet- orado and local officials in the southern Col- tablishes a veterans cemetery in El erans outreach measure. We must continue to orado region; and Paso County, Colorado. ensure that all of our veterans are aware of (2) appropriate officials of the United Southern Colorado, which includes El and receive the benefits that they have earned States, including the Administrator of Gen- Paso, Colorado, and the city of Colo- eral Services, with respect to land belonging rado Springs, has the second highest and deserve. These grants will help our states to the United States in El Paso County, Col- connect veterans with the many benefits for orado, that would be suitable to establish concentration of veterans living in the which they are eligible but may be unaware the national cemetery under subsection (a). United States. Currently those vet- are available to them. (c) AUTHORITY TO ACCEPT DONATION OF PAR- erans and their families who wish ei- But it is not just our states’ responsibility to CEL OF LAND.— ther to visit a veterans cemetery or conduct this outreach, and I encourage all of (1) IN GENERAL.—The Secretary of Veterans have their loved ones interred must my colleagues in the House to use the privi- Affairs may accept on behalf of the United travel into the Denver metropolitan lege of our offices to help veterans obtain States the gift of an appropriate parcel of area to Fort Logan National Cemetery. real property. The Secretary shall have ad- Not only is this an undue burden, but needed benefits and services. In March, I held ministrative jurisdiction over such parcel of a Veterans’ Resource Fair in my district. I real property, and shall use such parcel to the Fort Logan cemetery is running brought 45 service providers together under establish the national cemetery under sub- out of room. To alleviate this problem, one roof to help more than 350 veterans reg- section (a). H.R. 1660 directs the Secretary of Vet- ister for benefits, find jobs, and resolve press- (2) INCOME TAX TREATMENT OF GIFT.—For erans Affairs to establish a national ing case work issues. I will hold another in just purposes of Federal income, estate, and gift cemetery for veterans in El Paso Coun- a few months time. My office stands ready to taxes, the real property accepted under para- ty, Colorado. This was a fitting tribute assist any one of you in conducting a similar graph (1) shall be considered as a gift to the to those Americans who have served United States. event for the veterans in your district. our Nation with honor. The veterans (d) REPORT.—As soon as practicable after We must work to support the men and the date of the enactment of this Act, the national cemeteries of the United women who made individual sacrifices to pre- Secretary shall submit to Congress a report States demonstrate the desire of a serve our freedom not just on Memorial Day, on the establishment of the national ceme- grateful Nation to appropriately com- but on all days. I urge my colleagues to pass tery under subsection (a). The report shall memorate those who have served in the this bill, and I hope that we will continue to set forth a schedule for such establishment Armed Forces. join together to promote and protect meaning- and an estimate of the costs associated with Since 1862, close to 3 million burials ful benefits for our veterans. I yield back. such establishment. have been made in the VA national Mr. FILNER. Mr. Speaker, I yield (e) RELATIONSHIP TO CONSTRUCTION AND cemeteries. The National Cemetery Ad- FIVE YEAR CAPITAL PLAN.—The requirement ministration of the Department of Vet- back the balance of my time. to establish a national cemetery under sub- The SPEAKER pro tempore. The section (a) shall be added to the current list erans Affairs manages 125 of these question is on the motion offered by of priority projects, but should not take pri- cemeteries nationwide for our vet- the gentleman from California (Mr. ority over existing projects listed on the Na- erans. Of these, 58 of them are no FILNER) that the House suspend the tional Cemetery Administration’s construc- longer accepting interments. Thus, the

VerDate Aug 31 2005 02:19 May 24, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A23MY7.025 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5661 need to build new cemeteries is quite Mr. Speaker, I am proud to bring for- takes a little bit of time before we can urgent. ward this legislation directing the Sec- get things moving on the floor, but cer- As we lose more and more of our retary of Veterans Affairs to establish tainly he is not forgotten. greatest generation of veterans and a national cemetery for veterans and Mr. LAMBORN. Mr. Speaker, I want face the increasing prospects of addi- their families in the Southern Colorado to thank the gentleman from Colorado tional fatalities of Iraq, this country, region. I would like to thank Mr. for his good work, for his words just at the very least, needs to ensure that LAMBORN from Colorado who, together, now, and I wholeheartedly support him veterans are provided a dignified, ac- we have worked in a bipartisan effort and his work on this bill. We have cessible and well-maintained final rest- and the bipartisan spirit of the Vet- worked together in a bipartisan spirit, ing spot. This bill would go a long way erans’ Affairs Committee trying to and I thank him for that. in making that happen. make sure that the issue is resolved. Mr. Speaker, I yield to the ranking It is supported by the Military Order As you know, Fort Logan is the only member from Indiana (Mr. BUYER) such of the Purple Heart, American Legion, cemetery that we have in Colorado time as he may consume. Veterans of Foreign Wars, Disabled that will accept veterans, and it is due Mr. BUYER. Mr. Speaker, this bill American Veterans and Paralyzed Vet- to be filled. It is strange to say, but it would authorize the VA Secretary to erans of America. has got a life expectancy of 10 years. I build a national cemetery in Southern I was proud to see the bipartisan ap- think it is important that we begin Colorado. proach taken by two members of our working on this issue right now. I Providing our veterans with a place committee, Mr. SALAZAR and Mr. would like to especially thank Chair- of honor of repose is one of the most LAMBORN, to make sure that this bill man FILNER for allowing us to bring sacred missions of the veterans com- got through the committee. They both this forward. mittee, and we have accorded this mis- worked cooperatively and tirelessly to The National Cemeteries of the sion our support over the years. get this bill to the floor today. United States offer testimony to the The National Cemetery Administra- Mr. Speaker, I reserve the balance of desire of a grateful Nation to com- tion’s record of satisfaction among the my time. memorate the Americans who have families and its beneficiaries is the Mr. LAMBORN. Mr. Speaker, I rise in served our Nation in the Armed Forces. envy of the Federal Government, a re- support of H.R. 1660, and I yield myself Since 1862, more than 3 million bur- flection of the sound administration, such time as I may consume. ials have been made in VA national the strong congressional support, free I strongly support this bill. I would cemeteries. Of the 120 cemeteries, 58 of of political influence. Yet I have some like to thank both Ranking Member them are no longer accepting burials, concerns about the bill. BUYER and Chairman FILNER for their and many are out of reach and geo- The Department of Veterans Affairs work on this bill. I would also like to graphically inconvenient for our vet- has a well-established and proven thank Mr. HALL, chairman of the erans and their families. Southern Col- method that uses distance and demo- DAMA subcommittee, and Mr. SALAZAR orado, including El Paso County and graphics to select cemetery sites. Con- for their leadership on H.R. 1660 as the city of Colorado Springs, has one of gress has long deferred to that process, well. the highest concentrations of veterans which is essentially free from this in- This bill would authorize the Sec- living in the United States. For that stitution’s political pressures. Since retary to build a national cemetery to reason, Mr. Speaker, Congressman 1999, Congress has authorized 12 new serve the needs of the veterans and LAMBORN and myself worked together national cemeteries, all of which went families in southern Colorado. As in this bipartisan spirit to try to make through this process. In the absence of amended by my own amendment, this sure that for the veterans coming back political pressures, the Nation has ben- bill would place the national cemetery from this war, for the veterans that efited with a rational distribution of in El Paso County, Colorado. El Paso have served in Colorado, and for vet- cemeteries that serve veterans their County is the largest county in Colo- erans that want to be buried in Colo- families, and the Nation very well. rado and is home to approximately rado in 10 years, that there will be ade- This region of Colorado is not on any 100,000 veterans. Southern Colorado is quate space for them to be buried in of the VA’s strategic plans for new home to more than 150,000 veterans, Colorado. Currently, those veterans, cemeteries in the next 20 years, nor and that population is expanding rap- their aging widows, and their families was it identified by an independent 2002 idly. Logistics Management Institute study With the establishment of this new must sometimes travel hours into the that listed the areas with the greatest national cemetery, families will have a highly congested area of Denver to need for a national cemetery all the much shorter and easier commute to Fort Logan National Cemetery, which way to the year 2030. visit the final resting place of their is quickly running out of room. The Colorado congressional delega- Nonetheless, we have before us a bill loved ones since they will no longer tion has worked in a bipartisan manner to develop a cemetery in Southern Col- need to travel to Fort Logan National to create legislation that will benefit orado, which has not been identified as Cemetery in Denver. a priority in any of these studies. I understand that this cemetery is all veterans of this great State, and I Therefore, I ask the chairman of the not included in the Department of Vet- would like to thank my good friends, House Veterans’ Affairs Committee if erans Affairs 5-year plan, and I look Mr. UDALL and Mr. PERLMUTTER of Col- you have now, since having brought forward to working with our commit- orado, for taking time to speak on this this bill to the floor, developed criteria tee’s distinguished ranking member, important bill. I think a national cem- with regard to the development of VA chairman and other members of the etery in Southern Colorado will serve national cemeteries whereby Members committee to ensure that we serve the as a fitting tribute and a final resting will know what to follow when they needs of all veterans and their families place to those who have served our Na- file bills before your committee? I as we develop these national shrines. tion with honor. Mr. Speaker, I reserve the balance of I certainly urge a ‘‘yes’’ vote on H.R. yield to the gentleman. my time. 1660. But before I yield back, I want to Mr. FILNER. Mr. Speaker, we have remind the ranking member of the Vet- criteria, as the gentleman stated, in b 1515 erans’ Affairs Committee that on his the VA; and, if the need requires, we Mr. FILNER. Mr. Speaker, I yield to question on Jerry Murphy, Jerry Mur- will establish the criteria for Members’ the coauthor of the bill, Mr. SALAZAR phy died on Good Friday. Jerry Murphy requests. of Colorado, as much time as he may was born in Pueblo, Colorado. He at- Mr. BUYER. Reclaiming my time. I consume. tended college at Adams State College would like to work with the chairman, Mr. SALAZAR. Mr. Speaker, I thank in Durango and Western State College, because I believe in that answer we do the gentleman for yielding. I thank the and it was a week after we came back not have the criteria at this moment, chairman of the Veterans’ Affairs Com- that we gave a fitting tribute to Jerry and I think all the Members in this mittee for his strong support of vet- Murphy on this House floor. body need to know what the criteria erans, not only now, but during his ten- So he is remembered, Mr. Ranking would be with regard to placing a VA ure in the U.S. Congress. Member, and I believe that the process national cemetery. We have given such

VerDate Aug 31 2005 02:19 May 24, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.079 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5662 CONGRESSIONAL RECORD — HOUSE May 23, 2007 deference to the executive branch. And that our veterans have made and the sac- SEC. 2. EXTENSION OF PERIOD OF ELIGIBILITY I know that both gentlemen from Colo- FOR HEALTH CARE FOR COMBAT rifices that our men and women in uniform SERVICE IN THE PERSIAN GULF WAR rado brought up the issue to us about continue to make today to protect our free- OR FUTURE HOSTILITIES. rural areas in the country and felt dom. Subparagraph (C) of section 1710(e)(3) of that, given the way that these studies And at a time when our country is divided title 38, United States Code, is amended to were structured, that this VA cemetery over the war in Iraq, it’s even more important read as follows: could never be built. So given that def- that we honor the service of those who have ‘‘(C) in the case of care for a veteran de- erence, the chairman was very respon- given their lives for this country and of the scribed in paragraph (1)(D) who— ‘‘(i) is discharged or released from the ac- sive to you. many veterans still among us. tive military, naval, or air service after the We took up an amendment by Mr. Of course, it isn’t enough just to remem- date that is five years before the date of the STEARNS, which both of the gentlemen ber—we must provide our troops and veterans enactment of the Returning Servicemember from Colorado had agreed to, whereby with the care and support they have been VA Healthcare Insurance Act of 2007, after a we did not want this to displace any of promised. And we must provide them with a period of five years beginning on the date of the other present cemeteries in the resting place within or as close as possible to such discharge or release; or present priority. their own communities. ‘‘(ii) is so discharged or released more than I respect the gentleman, and I want With a growing military retiree and veterans five years before the date of the enactment to work with the chairman on coming population in southern Colorado and particu- of the Returning Servicemember VA larly El Paso County—and with Denver’s Fort Healthcare Insurance Act of 2007 and who did up with criteria. not enroll in the patient enrollment system Mr. LAMBORN. Mr. Speaker, I yield Logan cemetery rapidly filling up its burial under section 1705 of this title before such back the balance of my time. spaces—it makes sense to provide for the fu- date, after a period of three years beginning Mr. FILNER. Mr. Speaker, I yield to ture even as we ensure that southern Colo- on the date of the enactment of such Act; another gentleman from Colorado (Mr. rado’s veterans receive the recognition they and’’. PERLMUTTER) such time as he may con- deserve. The SPEAKER pro tempore. Pursu- sume. A National Veterans Cemetery in El Paso ant to the rule, the gentleman from Mr. PERLMUTTER. Mr. Speaker, I County will also serve as an important symbol California (Mr. FILNER) and the gen- thank the gentleman, and I thank my for those in the military community who have tleman from Indiana (Mr. BUYER) each colleagues from Colorado, Mr. SALAZAR given so much to their country. Mr. Speaker, will control 20 minutes. and Mr. LAMBORN, for bringing this leg- this is an important piece of legislation, and I The Chair recognizes the gentleman islation to the floor. urge its passage. from California. As we approach Memorial Day, let us GENERAL LEAVE Mr. FILNER. Mr. Speaker, I yield remember those who have fallen fight- Mr. FILNER. Mr. Speaker, I ask myself such time as I may consume. ing for our country. And this is one unanimous consent that all Members Mr. Speaker, not all of the returning way to recognize our service men’s and may have 5 legislative days within veterans from the OEF/OIF suffer from women’s sacrifices, by establishing a which to revise and extend their re- obvious wounds. Those who suffer from new VA cemetery in El Paso County. marks and include extraneous material an external injury are readily identi- Although I don’t represent that area, it on H.R. 1660, as amended. fied and receive immediate care for is south of where I live, this is an area The SPEAKER pro tempore. Is there that injury. However, many of our re- of our State that needs a cemetery of objection to the request of the gen- turning veterans, and on this I include, this kind. tleman from California? Mr. Speaker, Guard and Reserve units Memorial Day is usually marked by There was no objection. who have been ordered to combat, are parades, speeches, and the decoration Mr. FILNER. I urge my colleagues to coming back with injuries that are not of graves; but for the people of South- support this bill, and yield back the external. They are hidden wounds of ern Colorado, this means traveling up balance of my time. the war, such as post-traumatic stress to Fort Logan which is in the Denver The SPEAKER pro tempore. The disorder, PTSD, forms of brain injury, area. With the passage of this bill, the question is on the motion offered by which may not be evident without fur- 150,000 veterans residing in Southern the gentleman from California (Mr. ther diagnosis, which may not be evi- Colorado will have their own VA ceme- FILNER) that the House suspend the dent to the soldier or to the doctor tery to honor and decorate. rules and pass the bill, H.R. 1660, as looking at him. I urge my colleagues to vote ‘‘yes’’ amended. Unlike the physical wounds, mental on this bill. The question was taken; and (two- wounds are not easily identified and Mr. UDALL of Colorado. Mr. Speaker, I rise thirds being in the affirmative) the may go undetected. PTSD is a mental in strong support of this legislation to establish rules were suspended and the bill, as health condition that is triggered by a a national cemetery for veterans in southern amended, was passed. traumatic event which causes an in- Colorado, and I congratulate my colleague A motion to reconsider was laid on tense fear and/or helplessness. Some of JOHN SALAZAR for his work on this bill. the table. the symptoms for this condition in- I also want to recognize the work of my f clude reexperiencing the trauma former colleague Joel Hefley and my current RETURNING SERVICEMEMBER VA through nightmares, obsessive colleague DOUG LAMBORN on this issue. Es- HEALTHCARE INSURANCE ACT thoughts, flashbacks. We know that tablishing a national veterans cemetery in OF 2007 this condition may not reveal itself for southern Colorado has been and continues to many months or maybe for years after Mr. FILNER. Mr. Speaker, I move to be a goal shared by the entire Colorado dele- experiencing the event. suspend the rules and pass the bill gation. We listened to veterans, veteran serv- (H.R. 612) to amend title 38, United For over 8 years, it has also been a goal of ice organizations, family members, and States Code, to extend the period of eli- the Pikes Peak Veterans Cemetery Com- we heard them say that their returning gibility for health care for combat mittee. And it has been a goal of the Depart- veterans needed more time to access service in the Persian Gulf War or fu- ment of Colorado Veterans of Foreign Wars, the VA health care system when they ture hostilities from two years to five the Colorado chapters of the American Legion, came home from war. years after discharge or release, as the Paralyzed Veterans of America, the Vet- Conditions like PTSD and traumatic amended. erans of Foreign Wars, and the Association for brain injury are the driving force be- The Clerk read the title of the bill. hind this bill, the Returning Service- Service Disabled Veterans. So many people The text of the bill is as follows: have worked tirelessly to build support for this member VA Healthcare Insurance Act H.R. 612 cemetery, and I hope they are pleased today of 2007. It extends from 2 years to 5 Be it enacted by the Senate and House of Rep- years following discharge or release the that we are now one step closer to making it resentatives of the United States of America in a reality. Congress assembled, eligibility period for veterans. And, as This is a particularly timely bill to consider SECTION 1. SHORT TITLE. I said, we include Guard and Reserve today, as we approach another Memorial Day This Act may be cited as the ‘‘Returning units all those who served in combat and as we continue to send our troops to Iraq Servicemember VA Healthcare Insurance during or after the Persian Gulf War and Afghanistan. We remember the sacrifices Act of 2007’’. are eligible to receive hospital care,

VerDate Aug 31 2005 03:16 May 24, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.082 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5663 medical services, or nursing home care roll in the VA health care would be eli- with the support of the Governor, all provided by the Secretary of Veterans gible for an additional 3 years of VA the Members of Congress, and we Affairs. It provides for an additional 3 health care services. All veterans who should be able to get this done. There’s years of eligibility for veterans dis- served in combat should receive the no reason why we shouldn’t. charged more than 5 years before the same level of care, and I appreciate the So here we have a situation whereby enactment of this act who may not chairman for adopting and agreeing to the committee has specific criteria for have enrolled in the VA health care this amendment. the naming of a VA hospital. This system. In 1993, Congress enacted Public Law Medal of Honor recipient clearly ap- This system is recognized throughout 103–210 to amend title 38, United States plies. It passed the Senate. Yet we the country, and indeed the world, as Code, to provide additional authority don’t have criteria, as the chairman providing safe quality health care to for the Secretary of Veterans Affairs to just spoke on the last bill, with regard our veterans. Two years was simply not provide health care for veterans of the to the naming of a cemetery. Yet we enough time for returning OEF/OIF Persian Gulf War. did it just for a political reason. And so veterans to utilize this very important The special health care authority al- now it’s difficult for me to figure out benefit. We are fixing that with this lowed VA to treat those veterans who how to follow the leadership of the piece of legislation. It is a bill that will served in combat operations in the Per- chairman. have a profound effect most imme- sian Gulf for possible war-related ill- We don’t have criteria, but we take diately on our veterans returning from nesses, even though there was not de- action on the floor. But where we do war. I urge my colleagues to support finitive evidence that the disorders have criteria, we don’t take action on the bill. treated were related to wartime serv- the floor. So it is a puzzling moment Mr. Speaker, I reserve the balance of ice. that we have in how we are bringing my time. Subsequent congressional hearings these veterans bills to the floor. Mr. BUYER. Mr. Speaker, I yield 2 on Persian Gulf veterans health care Mr. Speaker, I yield back the balance minutes to the gentlelady from Florida highlighted the importance of early of my time. (Ms. GINNY BROWN-WAITE). intervention in treating the kind of un- Mr. FILNER. Mr. Speaker, I want to Ms. GINNY BROWN-WAITE of Flor- explained health problems experienced thank the ranking member for his ida. Mr. Speaker, I thank the ranking by many Persian Gulf war veterans. helpful amendment to this bill. As I member and certainly the chairman of In 1998, with the potential of renewed said earlier, this is a very important the Veterans Committee. combat in the Persian Gulf, Public Law bill to thousands and thousands of re- I rise today in support of H.R. 612, 105–368, the Veterans Programs En- turning veterans. They have basically the Returning Servicemember VA hancement Act of 1998, was enacted. unfettered access to one of the best Health Care Insurance Act. This meas- This law authorizes the VA to provide health care systems in the world with- ure provides much needed expansion to medical care and other medical serv- out going through a lot of red tape, the availability of VA health care to ices to combat veterans for a period of without going through a lot of paper- certain American soldiers returning 2 years following the service separation work to prove that they are eligible. from combat. Currently these individ- date for veterans who served on active They will have 5 years. uals only have 2 years in which they duty in theater of combat operations And it is most important for our Re- can access medical services at the VA. during a period of war after the Persian serve and Guard units, who are not eli- Unfortunately, conditions associated Gulf War, or in combat against a hos- gible for the benefit structure of the with service in a combat theater can tile force during a period of hostilities VA system. They are not eligible for sometimes take longer to manifest after November 11 of 1998. Members of most of the benefits of the GI bill. And themselves. In response, the measure the National Guard and Reserves may we are trying to make an effort to provides a 5-year window of health care be eligible for this care if they meet bring them in under the VA benefits for our veterans. certain requirements which essentially under what we call ‘‘total force struc- I urge my colleagues to support this satisfy the definition of a ‘‘veteran.’’ ture.’’ important legislation. Many of the The experience of the 1990s taught us So this bill is important to thousands young men and women in our Armed the importance of both increasing un- of people, those that are coming back Forces have been away from their derstanding of war-related illnesses from the Marines or Army and those loved ones for very long periods of generally, and ensuring that the VA is that are in the Guard and Reserve time. During this time, they have en- better prepared to treat veterans of fu- units. All of them now will have 5 dured harsh conditions and tremendous ture wars and military combat. years where these hidden injuries, physical and mental strains. The very I would also, at this moment, like to brain injury, or post-traumatic stress least that Congress can do is to give thank my colleague, Mr. SALAZAR of disorder may become evident, and they these brave individuals 3 additional Colorado, who shared with me his may seek help. Now they will be able years of health care. I think it is the statement that he gave honoring the to do it without any of the bureau- right thing to do, and I know that both life of a great American, Raymond Ger- cratic entanglements. And I think this the ranking member as well as the ald Murphy. And I had an opportunity will have a remarkable impact on the chairman fully support this effort to to read his statement that he read into lives of our Nation’s veterans. extend the health care for the addi- the CONGRESSIONAL RECORD, and I ap- And I will tell you, as George Wash- tional time. I think it is a good public preciate him honoring such an Amer- ington said more than 200 years ago, policy. ican. My only regret is that I never had ‘‘The morale of our fighting troops is an opportunity to meet someone like dependent, most of all, on how they b 1530 this. And I’m sure that he touched the feel they’re going to be treated when Mr. FILNER. Mr. Speaker, I have no lives of many, many people. they come home.’’ When they know further speakers, and I reserve the bal- And so I suppose where we are, Mr. they will have 5 years to come to the ance of my time. Speaker, is that with regard to how we VA, they will know that a Nation is Mr. BUYER. Mr. Speaker, I’d like to recognize this Medal of Honor recipient caring for them and is responsive to thank the chairman for amending this by naming the hospital after him, the their needs. legislation to address my concern that, Veterans’ Affairs Committee has spe- Mr. HALL of New York. Mr. Speaker, I often as originally drafted, the bill did not cific criteria that we are to go by. And say that the opportunity to serve on Veterans’ provide equity for those veterans when you look at the specific criteria, Affairs Committee is one of the greatest privi- whose eligibility period would have ex- we satisfy all the criteria. He’s a Medal leges I have been given in my short time in pired prior to the enactment of this of Honor recipient. He has letters of Congress. The action on the floor of the bill. support from all the veterans groups in House today is another reminder of how it is At my request, the bill was amended the State of New Mexico, all of the rec- truly an honor to serve on this Committee. to make sure that those veterans ognized organizations, I have their let- Earlier this afternoon the House passed sev- whose eligibility period had ended ters here, Mr. Speaker, I’ll be more eral pieces of legislation to improve outreach prior to the enactment and did not en- than happy to get them to you, along and care to our nation’s veterans.

VerDate Aug 31 2005 02:19 May 24, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 9920 E:\CR\FM\K23MY7.086 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5664 CONGRESSIONAL RECORD — HOUSE May 23, 2007 Memorial Day is the day for Americans to Iraq and Afghanistan veterans, several OIF bill, and I yield back the balance of my officially honor the heroes who have fallen in veterans suggested that back injuries will be a time. service to our country, and a day to pray for long term problem for this generation of vet- The SPEAKER pro tempore. The and remember the brave souls who have erans. This bill will help the VA better prepare question is on the motion offered by given the ultimate sacrifice. We are the bene- for this new wave of patients. the gentleman from California (Mr. ficiaries of those who serve and who have I am proud that these bills passed the FILNER) that the House suspend the served to preserve the peace and freedom we House today and that I could support their rules and pass the bill, H.R. 612, as enjoy. passage. amended. As a nation, we honor the bravery of those Congress has a responsibility to live up to The question was taken. who have fought and died for our country and our promises to our veterans. Today was an- The SPEAKER pro tempore. In the recognize the tremendous sacrifices they and other down payment on fulfilling these prom- opinion of the Chair, two-thirds being their families have made. But to truly honor ises. in the affirmative, the ayes have it. these heroes it is our duty as a grateful nation Through my role on the Veterans Affairs Mr. FILNER. Mr. Speaker, on that I to not just spend the day remembering their Committee, I pledge to continue to push for demand the yeas and nays. service, but to provide the promised support legislation that will improve services for our The yeas and nays were ordered. and benefits to the soldiers and veterans who veterans and treat them with the respect they The SPEAKER pro tempore. Pursu- served with and followed them. These bills have worked so hard to earn. ant to clause 8 of rule XX, and the Mr. SPACE. Mr. Speaker, I rise today in help provide that support. Chair’s prior announcement, further H.R. 67, the Veterans Outreach Improve- support of H.R. 612, the Returning proceedings on this question will be Servicemember VA Healthcare Insurance Act. ment Act, creates a grant program to allow the postponed. This bill extends the eligibility period for re- VA to partner with State and county veteran ceipt of VA hospital care, medical services, f organizations to reach out to veterans and and nursing home care for veterans who CARL SANDBURG HOME NATIONAL their families to ensure they are aware of their served in combat during—or after—the Per- HISTORIC SITE BOUNDARY REVI- eligibility for benefits. sian Gulf War. SION ACT OF 2007 This bipartisan bill also increases Currently, the eligibility period for these VA acountability in spending taxpayer dollars by The SPEAKER pro tempore. Pursu- services is two years. This bill lengthens that ant to House Resolution 429 and rule requiring reports on how the grants in this pro- two year time frame to five years from a vet- gram have been used to improve outreach. I XVIII, the Chair declares the House in eran’s date of discharge or release from serv- the Committee of the Whole House on am proud to be a cosponsor of this bill and ice. the state of the Union for further con- am pleased it has passed the House. As we learn more and more about what are sideration of the bill, H.R. 1100. H.R. 612 is an extremely important piece of increasingly being referred to as the signature legislation. This bill will extend access to VA wounds of Operation Iraqi Freedom and Oper- b 1539 Healthcare for Iraq and Afghanistan veterans ation Enduring Freedom—Traumatic Brain In- IN THE COMMITTEE OF THE WHOLE from two years to five years. This is vital to jury and Post Traumatic Stress Disorder—I the health of our veterans returning from Iraq Accordingly, the House resolved believe that this extension of VA care is es- itself into the Committee of the Whole because of the nature of Traumatic Brain In- sential to this Congress’ mission to provide jury and Post Traumatic Stress Disorder. House on the state of the Union for fur- comprehensive care to our nation’s heroes. ther consideration of the bill (H.R. In some cases, TBI and PTSD symptoms Often, a servicemember’s battle scars run 1100) to revise the boundary of the Carl do not emerge until several years after the in- deeper than what is visible to an outsider. Sandburg Home National Historic Site jury occurred. With the current freeze on Cat- While many bodily injuries sustained are ap- in the State of North Carolina, and for egory 8 veteran enrollment in VA healthcare, parent to the naked eye, TBI, PTSD, and other purposes, with Mr. ROSS (Acting this means that some OIF/OEF will realize other conditions are not easily observed. Diag- Chairman) in the chair. they suffered a brain injury while deployed but nosis of these conditions may require lengthy, be locked out of the system. The Clerk read the title of the bill. detailed evaluations by specialists over the The Acting CHAIRMAN. When the They might not have health insurance to course of time. Furthermore, some psycho- cover their treatment, and will not have crucial Committee of the Whole rose earlier logical disorders take months or even years to today, a request for a recorded vote on medical documents that will help them receive develop following a servicemember’s release disability benefits. amendment No. 3 printed in House Re- from duty. Some chronic physical conditions port 110–165 by the gentleman from Ne- By expanding their eligibility for 3 additional also take time to peak and subsequently diag- years, Congress is acting to limit the damage vada (Mr. HELLER) had been postponed. nose. Pursuant to clause 6 of rule XVIII, done by the President’s Category 8 veterans By extending eligibility to VA care to five proceedings will now resume on those enrollment freeze. I was proud to also cospon- years, we are helping to ensure that fewer amendments on which further pro- sor this legislation. physical and mental wounds go undiagnosed ceedings were postponed, in the fol- Another extremely important bill to our Iraq and untreated. We are helping to ensure that lowing order: and Afghanistan veterans is H.R. 2199, the the care that veterans seek out and receive is Amendment No. 1 by Mr. BISHOP of Traumatic Brain Injury Health Enhancement more complete by enabling the VA to address Utah. and Long Term Support Act. more of servicemembers’ health needs. Most Amendment No. 3 by Mr. HELLER of TBI is the signature injury of the war in Iraq importantly, we are offering another way to and this bill vastly improves the VA’s ability to Nevada. better care for our nation’s wounded warriors The Chair will reduce to 5 minutes provide care for brain injury. who have sacrificed the best years of their This bill requires the VA to establish a pro- the time for the second vote in this se- lives. ries. gram to screen veterans for TBI and establish I urge my colleagues to support H.R. 612 a program of long term care for acute TBI vic- because it is an improvement upon the current AMENDMENT NO. 1 OFFERED BY MR. BISHOP OF UTAH tims. system. The CHAIRMAN. The unfinished Currently, of the nearly 1,300 VA health GENERAL LEAVE care facilities in the United States, only 4 have Mr. FILNER. I would ask, Mr. Speak- business is the demand for a recorded specialized TBI programs. This bill allows the er, unanimous consent that all Mem- vote on the amendment offered by the VA to partner with private facilities to provide bers may have 5 legislative days in gentleman from Utah (Mr. BISHOP) on treatment the VA cannot immediately provide. which to revise and extend their re- which further proceedings were post- It also establishes centers of research and marks and include extraneous material poned and on which the noes prevailed a national database so we can better under- on H.R. 612, as amended. by voice vote. stand the causes and symptoms of TBI. Hope- The SPEAKER pro tempore (Mr. The Clerk will redesignate the fully, this will allow us to better treat victims in PERLMUTTER). Is there objection to the amendment. the future. This bill contains provisions of H.R. request of the gentleman from Cali- The Clerk redesignated the amend- 1944, a bill I originally cosponsored. fornia? ment. H.R. 1470 expands chiropractic care to all There was no objection. RECORDED VOTE VA facilities throughout the country by 2011. Mr. FILNER. Mr. Speaker, I urge my The CHAIRMAN. A recorded vote has During a subcommittee hearing on returning colleagues to unanimously support this been demanded.

VerDate Aug 31 2005 02:19 May 24, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A23MY7.027 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5665 A recorded vote was ordered. Giffords Lowey Ryan (OH) RECORDED VOTE Gilchrest Lynch Salazar The vote was taken by electronic de- Gillibrand Mahoney (FL) Sa´ nchez, Linda The Acting CHAIRMAN. A recorded vice, and there were—ayes 185, noes 243, Gonzalez Maloney (NY) T. vote has been demanded. not voting 9, as follows: Gordon Markey Sanchez, Loretta A recorded vote was ordered. Green, Al Marshall Sarbanes [Roll No. 406] Green, Gene Matheson Schakowsky The Acting CHAIRMAN. This will be AYES—185 Grijalva Matsui Schiff a 5-minute vote. Gutierrez McCarthy (NY) Schwartz Aderholt Foxx Paul The vote was taken by electronic de- Hall (NY) McCollum (MN) Scott (GA) Akin Franks (AZ) Pearce Hare McDermott Scott (VA) vice, and there were—ayes 183, noes 243, Alexander Gallegly Pence Harman McGovern Serrano not voting 11, as follows: Bachmann Garrett (NJ) Peterson (PA) Hastings (FL) McIntyre Sestak Bachus Gillmor [Roll No. 407] Petri Herseth Sandlin McNerney Shea-Porter Baker Gingrey Pickering Higgins McNulty Sherman AYES—183 Barrett (SC) Gohmert Pitts Hill Meehan Shuler Bartlett (MD) Goode Aderholt Fossella Nunes Poe Hinchey Meek (FL) Simpson Barton (TX) Goodlatte Akin Foxx Paul Porter Hinojosa Meeks (NY) Sires Bilbray Granger Alexander Franks (AZ) Pearce Price (GA) Hirono Melancon Skelton Bilirakis Graves Bachmann Gallegly Pence Pryce (OH) Hodes Michaud Slaughter Bishop (UT) Hall (TX) Bachus Garrett (NJ) Peterson (PA) Putnam Holden Miller (NC) Smith (WA) Blackburn Hastert Baker Gillmor Petri Radanovich Holt Miller, George Snyder Boehner Hastings (WA) Barrett (SC) Gingrey Pickering Ramstad Honda Mitchell Solis Bonner Hayes Bartlett (MD) Gohmert Hooley Mollohan Space Pitts Bono Heller Regula Barton (TX) Goode Hoyer Moore (KS) Spratt Poe Boozman Hensarling Rehberg Bilbray Goodlatte Inglis (SC) Moore (WI) Stark Porter Boustany Herger Reichert Bilirakis Granger Inslee Moran (VA) Stupak Price (GA) Brady (TX) Hobson Renzi Bishop (UT) Graves Israel Murphy (CT) Sutton Pryce (OH) Brown (SC) Hoekstra Reynolds Blackburn Hall (TX) Jackson (IL) Murphy, Patrick Tanner Putnam Brown-Waite, Issa Rogers (AL) Boehner Hastert Jackson-Lee Murtha Tauscher Radanovich Ginny Jindal Rogers (KY) Bonner Hastings (WA) (TX) Nadler Taylor Ramstad Buchanan Johnson (IL) Rogers (MI) Bono Hayes Jefferson Napolitano Thompson (CA) Regula Burgess Johnson, Sam Rohrabacher Boozman Heller Johnson (GA) Neal (MA) Thompson (MS) Rehberg Burton (IN) Jones (NC) Ros-Lehtinen Boustany Hensarling Johnson, E. B. Norton Tierney Reichert Buyer Jordan Roskam Brady (TX) Herger Kagen Oberstar Towns Renzi Calvert Keller Royce Brown (SC) Hobson Kanjorski Obey Turner Reynolds Camp (MI) King (IA) Ryan (WI) Brown-Waite, Hoekstra Kaptur Olver Udall (CO) Rogers (AL) Campbell (CA) King (NY) Ginny Issa Sali Kennedy Ortiz Udall (NM) Rogers (KY) Cannon Kingston Buchanan Jindal Saxton Kildee Pallone Van Hollen Rogers (MI) Cantor Kline (MN) Burgess Johnson (IL) Schmidt Kilpatrick Pascrell Vela´ zquez Rohrabacher Capito Knollenberg Burton (IN) Johnson, Sam Sensenbrenner Kind Pastor Visclosky Ros-Lehtinen Carter Kuhl (NY) Buyer Jordan Sessions Kirk Payne Walz (MN) Roskam Chabot Lamborn Calvert Keller Shadegg Klein (FL) Perlmutter Wasserman Royce Coble Latham Camp (MI) King (IA) Shimkus Kucinich Peterson (MN) Schultz Ryan (WI) Cole (OK) LaTourette Campbell (CA) King (NY) Shuster LaHood Platts Waters Sali Conaway Lewis (CA) Cannon Kingston Smith (NE) Lampson Pomeroy Watson Saxton Crenshaw Lewis (KY) Cantor Kline (MN) Smith (NJ) Langevin Price (NC) Watt Schmidt Cubin Linder Capito Knollenberg Smith (TX) Lantos Rahall Waxman Sensenbrenner Culberson LoBiondo Carter Kuhl (NY) Souder Larsen (WA) Rangel Weiner Sessions Davis (KY) Lucas Chabot Lamborn Stearns Larson (CT) Reyes Welch (VT) Shadegg Davis, David Lungren, Daniel Coble Latham Sullivan Lee Rodriguez Wexler Shimkus Davis, Tom E. Cole (OK) LaTourette Tancredo Levin Ross Wilson (OH) Shuster Deal (GA) Mack Conaway Lewis (CA) Terry Lewis (GA) Rothman Woolsey Dent Manzullo Crenshaw Lewis (KY) Smith (NE) Thornberry Lipinski Roybal-Allard Wu Diaz-Balart, L. Marchant Cubin Linder Smith (NJ) Tiahrt Loebsack Ruppersberger Wynn Diaz-Balart, M. McCarthy (CA) Culberson LoBiondo Smith (TX) Lofgren, Zoe Rush Yarmuth Doolittle McCaul (TX) Tiberi Davis (KY) Lucas Stearns Upton Sullivan Drake McCotter NOT VOTING—9 Davis, David Lungren, Daniel Dreier McCrery Walberg Davis, Tom E. Tancredo Duncan McHenry Walden (OR) Blunt Hulshof McMorris Deal (GA) Mack Terry Ehlers McHugh Walsh (NY) Bordallo Hunter Rodgers Dent Manzullo Thornberry Emerson McKeon Wamp Davis, Jo Ann Jones (OH) Shays Diaz-Balart, L. Marchant Tiahrt English (PA) Mica Weldon (FL) DeGette Diaz-Balart, M. McCarthy (CA) Tiberi Everett Miller (FL) Weller Doolittle McCaul (TX) Turner Fallin Miller (MI) Westmoreland Drake McCotter Upton Feeney Miller, Gary Whitfield b 1603 Dreier McCrery Walberg Ferguson Moran (KS) Wicker Messrs. LEWIS of Georgia, DAVIS of Duncan McHenry Walden (OR) Flake Murphy, Tim Wilson (NM) Ehlers McHugh Wamp Forbes Musgrave Wilson (SC) Alabama, MARSHALL and TIERNEY Emerson McKeon Weldon (FL) Fortenberry Myrick Wolf changed their vote from ‘‘aye’’ to ‘‘no.’’ English (PA) Mica Weller Fortun˜ o Neugebauer Young (AK) Mr. KUHL of New York changed his Everett Miller (FL) Westmoreland Fossella Nunes Young (FL) Fallin Miller (MI) Whitfield vote from ‘‘no’’ to ‘‘aye.’’ Feeney Miller, Gary Wicker NOES—243 So the amendment was rejected. Ferguson Moran (KS) Wilson (NM) Abercrombie Brown, Corrine Davis (AL) The result of the vote was announced Flake Murphy, Tim Wilson (SC) Ackerman Butterfield Davis (CA) as above recorded. Forbes Musgrave Wolf Allen Capps Davis (IL) Fortenberry Myrick Young (AK) Altmire Capuano Davis, Lincoln Stated for: Fortun˜ o Neugebauer Young (FL) Andrews Cardoza DeFazio Mr. TURNER. Mr. Chairman, on rollcall No. NOES—243 Arcuri Carnahan Delahunt 406, the Bishop of Utah amendment to H.R. Baca Carney DeLauro Abercrombie Boswell Cleaver Baird Carson Dicks 1100, amendment No. 1, I was mistakenly re- Ackerman Boucher Clyburn Baldwin Castle Dingell corded as ‘‘no,’’ intending to vote ‘‘aye.’’ Allen Boyd (FL) Cohen Barrow Castor Doggett AMENDMENT NO. 3 OFFERED BY MR. HELLER OF Altmire Boyda (KS) Conyers Bean Chandler Donnelly Andrews Brady (PA) Cooper NEVADA Becerra Christensen Doyle Arcuri Braley (IA) Costa Berkley Clarke Edwards The Acting CHAIRMAN. The unfin- Baca Brown, Corrine Costello Berman Clay Ellison ished business is the demand for a re- Baird Butterfield Courtney Berry Cleaver Ellsworth Baldwin Capps Cramer Biggert Clyburn Emanuel corded vote on the amendment offered Barrow Capuano Crowley Bishop (GA) Cohen Engel by the gentleman from Nevada (Mr. Bean Cardoza Cuellar Bishop (NY) Conyers Eshoo HELLER) on which further proceedings Becerra Carnahan Cummings Blumenauer Cooper Etheridge were postponed and on which the noes Berkley Carney Davis (AL) Boren Costa Faleomavaega Berman Carson Davis (CA) Boswell Costello Farr prevailed by voice vote. Berry Castle Davis (IL) Boucher Courtney Fattah The Clerk will redesignate the Biggert Castor Davis, Lincoln Boyd (FL) Cramer Filner amendment. Bishop (GA) Chandler DeFazio Boyda (KS) Crowley Frank (MA) Bishop (NY) Christensen Delahunt Brady (PA) Cuellar Frelinghuysen The Clerk redesignated the amend- Blumenauer Clarke DeLauro Braley (IA) Cummings Gerlach ment. Boren Clay Dicks

VerDate Aug 31 2005 02:29 May 24, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.090 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5666 CONGRESSIONAL RECORD — HOUSE May 23, 2007 Dingell Lampson Ross Mr. ROSS, Acting Chairman of the Right now, I am working on the Con- Doggett Langevin Rothman Donnelly Lantos Roybal-Allard Committee of the Whole House on the tinental Divide Trail, which goes north Doyle Larsen (WA) Ruppersberger state of the Union, reported that that to south from the Mexico border to the Edwards Larson (CT) Rush Committee, having had under consider- Canadian border. Since 1978, it did not Ellison Lee Ryan (OH) ation the bill (H.R. 1100) to revise the have one mile that had actually come Ellsworth Levin Salazar Emanuel Lewis (GA) Sa´ nchez, Linda boundary of the Carl Sandburg Home from private landowners in New Mex- Engel Lipinski T. Historic Site in the State of North ico. Eshoo Loebsack Sanchez, Loretta Carolina, and for other purposes, pur- I believe in the park system and I be- Etheridge Lofgren, Zoe Sarbanes lieve in the trail system of the United Faleomavaega Lowey Schakowsky suant to House Resolution 429, he re- Farr Lynch Schiff ported the bill back to the House with States Government, but I do not be- Fattah Mahoney (FL) Schwartz an amendment adopted by the Com- lieve that the government should or Filner Maloney (NY) Scott (GA) mittee of the Whole. could be able to intimidate, to harass, Frank (MA) Markey Scott (VA) Frelinghuysen Marshall Serrano The SPEAKER pro tempore. Under to cause people to become willing sell- Gerlach Matheson Sestak the rule, the previous question is or- ers. And that is my fear in this legisla- Giffords Matsui Shea-Porter dered. tion, that it does not go far enough and Gilchrest McCarthy (NY) Sherman The question is on the amendment. is not explicit enough. Gillibrand McCollum (MN) Shuler Gonzalez McDermott Simpson The amendment was agreed to. I have expressly worked to get all of Gordon McGovern Sires The SPEAKER pro tempore. The the landowners through the Second Green, Al McIntyre Skelton question is on the engrossment and District of New Mexico, including 22 Green, Gene McNerney Slaughter third reading of the bill. Grijalva McNulty Smith (WA) miles on the Acoma Indian Reserva- Gutierrez Meehan Snyder The bill was ordered to be engrossed tion, where they did not want any Fed- Hare Meek (FL) Solis and read a third time, and was read the eral presence, no people coming across Harman Meeks (NY) Souder third time. their land, and now they are excited Hastings (FL) Melancon Space Herseth Sandlin Michaud Spratt MOTION TO RECOMMIT OFFERED BY MR. PEARCE about the prospect. Hill Miller (NC) Stark Mr. PEARCE. Mr. Speaker, I offer a So I support the concept of preserva- Hinchey Miller, George Stupak motion to recommit. tion, and I support the concept of our Hinojosa Mitchell Sutton The SPEAKER pro tempore. Is the Hirono Mollohan Tanner national parks, but I will fight to the Hodes Moore (KS) Tauscher gentleman opposed to the bill? last breath to protect the private prop- Holden Moore (WI) Taylor Mr. PEARCE. In its present form. erty rights of the people in this coun- Holt Moran (VA) Thompson (CA) The SPEAKER pro tempore. The try, because it is a constitutional Honda Murphy (CT) Thompson (MS) Clerk will report the motion to recom- Hooley Murphy, Patrick Tierney right. The right to private property is Hoyer Murtha Towns mit. the basis of our economic and, there- Inglis (SC) Nadler Udall (CO) The Clerk read as follows: fore, all other freedoms. Inslee Napolitano Udall (NM) Mr. Pearce moves to recommit the bill So, Mr. Speaker, we simply say that Israel Neal (MA) Van Hollen H.R. 1100 to the Committee on Natural Re- Jackson (IL) Norton Vela´ zquez in this bill ‘‘the willing seller’’ is not sources with instructions to report the same Jackson-Lee Oberstar Visclosky hard enough; that we want assurance back to the House promptly with an amend- (TX) Obey Walsh (NY) that eminent domain will not be used Jefferson Olver Walz (MN) ment to prohibit the Secretary of the Inte- Johnson (GA) Ortiz Wasserman rior from using eminent domain to acquire to acquire land, water, or interests in Johnson, E. B. Pallone Schultz land, water, or interests in land or water land or water under section 3 of the Jones (NC) Pascrell Waters under section 3 of the bill. bill. Kagen Pastor Watson Mr. GRIJALVA. Mr. Speaker, I rise Kanjorski Payne Watt The SPEAKER pro tempore. The gen- Kaptur Perlmutter Waxman tleman from New Mexico is recognized in opposition to the motion to recom- Kennedy Peterson (MN) Weiner for 5 minutes. mit. Kildee Platts Welch (VT) Mr. PEARCE. Mr. Speaker, we are The SPEAKER pro tempore. The gen- Kilpatrick Pomeroy Wexler tleman is recognized for 5 minutes. Kind Price (NC) Wilson (OH) moving to recommit this bill in order Kirk Rahall Woolsey to provide an amendment that would Mr. GRIJALVA. Mr. Speaker, first of Klein (FL) Rangel Wu prohibit the Secretary of Interior from all, this legislation, H.R. 1100, went Kucinich Reyes Wynn through full committee hearing, it LaHood Rodriguez Yarmuth using eminent domain to acquire land, water, or interest in land or water went through subcommittee hearing, NOT VOTING—11 under section 3 of the bill. was referred to this floor by voice vote, Blunt Hall (NY) Jones (OH) Now, most of you, like me, received and this whole discussion we have had Bordallo Higgins McMorris on the bill today and the debate was Davis, Jo Ann Hulshof Rodgers probably the hardest phone calls from DeGette Hunter Shays both Democrats and Republicans alike under an open rule. So I fail to under- when our Supreme Court made the stand why we need a motion to recom- ANNOUNCEMENT BY THE ACTING CHAIRMAN mit. I believe it is a red herring. It is The Acting CHAIRMAN (during the Kelo decision which said that local entities could, in fact, use eminent do- a non-issue. vote). Members are advised there are I remind Members that in the legisla- less than 2 minutes remaining on this main to acquire property from private individuals. tion itself under section 3, acquisition vote. authority, let me quote: ‘‘The Sec- b 1611 b 1615 retary may acquire from willing sell- So the amendment was rejected. This motion to recommit is ex- ers,’’ willing sellers, ‘‘by donation, pur- The result of the vote was announced tremely simple. We do not want the chase with donated or appropriated as above recorded. Park Service to use eminent domain to funds, or exchange of land.’’ Stated against: take over property. Willing sellers. The concept of will- Mr. HALL of New York. Mr. Chairman, on I sat as the chairman of the National ing seller means that you cannot use rollcall No. 407, the Heller of Nevada amend- Park Subcommittee in the Resources eminent domain. I think the legisla- ment, had I been present, I would have voted Committee for all of the last year and tion before us is good legislation. The ‘‘no.’’ part of the year before that, and I will motivation for its defeat is something The Acting CHAIRMAN. The ques- tell you that the most disturbing that we have not been able to get to tion is on the committee amendment things that happened in committee the root of that reason. But the legisla- in the nature of a substitute. were that we heard testimony from tion has merited support from the full The committee amendment in the people around the Appalachian Trail committee, the subcommittee, and nature of a substitute was agreed to. where the willing seller that is ref- through the discussions today. The Acting CHAIRMAN. Under the erenced in the bill, the underlying bill I would continue to urge that we de- rule, the Committee rises. today, the willing seller legislation was feat the motion to recommit and pass Accordingly, the Committee rose; in fact used to threaten, to intimidate, the underlying legislation. and the Speaker pro tempore (Mr. to cause people to become ‘‘willing Mr. Speaker, I yield 1 minute to my CAPUANO) having assumed the chair, sellers’’ against their will. colleague, the author of the legislation,

VerDate Aug 31 2005 03:16 May 24, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A23MY7.031 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5667 the gentleman from North Carolina Hastert McHenry Royce Ross Shuler Udall (NM) Hastings (WA) McHugh Ryan (WI) Rothman Sires Van Hollen (Mr. SHULER). Hayes McKeon Sali Roybal-Allard Skelton Vela´ zquez Mr. SHULER. Mr. Speaker, I just Heller Mica Saxton Ruppersberger Slaughter Visclosky would like to say that in 1968, Stewart Hensarling Miller (FL) Schmidt Rush Smith (WA) Walz (MN) Udall, Secretary of Interior from 1961 Herger Miller (MI) Sensenbrenner Ryan (OH) Snyder Wasserman Hobson Miller, Gary Sessions Salazar Solis Schultz to 1968, put forth this great historic Hoekstra Moran (KS) Shadegg Sa´ nchez, Linda Space Waters site in Flat Rock, North Carolina. We Issa Murphy, Tim Shimkus T. Spratt Watson continue to see a tremendous amount Jindal Musgrave Shuster Sanchez, Loretta Stark Watt of bipartisan support in my commu- Johnson (IL) Myrick Simpson Sarbanes Sutton Waxman Johnson, Sam Neugebauer Smith (NE) Schakowsky Tanner Weiner nity, an all-Republican county com- Jordan Nunes Smith (NJ) Schiff Tauscher Welch (VT) mission, might I add, along with both Keller Paul Smith (TX) Schwartz Taylor Wexler Republican Senators, ELIZABETH DOLE King (IA) Pearce Souder Scott (GA) Thompson (CA) Wilson (OH) King (NY) Pence Stearns Scott (VA) Thompson (MS) Woolsey and RICHARD BURR, both with over- Serrano Tierney Wu Kingston Peterson (PA) Sullivan Kirk Petri Shea-Porter Towns Wynn whelming support, with companion leg- Tancredo Kline (MN) Pickering Sherman Udall (CO) Yarmuth islation in the Senate. Terry Knollenberg Pitts Thornberry We continue to find that we are play- Kuhl (NY) Platts NOT VOTING—12 Tiahrt ing politics here with the will of the LaHood Poe Berkley Hunter Sestak Tiberi Lamborn Porter Davis, Jo Ann Jones (OH) Shays people of my community. They have Turner Latham Price (GA) DeGette McMorris asked for this. The administration put Upton Stupak LaTourette Pryce (OH) Gillmor Rodgers Walberg forth in 2003 their management plan for Lewis (CA) Putnam Hulshof Oberstar this to adapt all 115 acres. Lewis (KY) Radanovich Walden (OR) Walsh (NY) It is a very good bill. I oppose this Linder Ramstad ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE LoBiondo Regula Wamp The SPEAKER pro tempore (during motion to recommit, and I ask all my Weldon (FL) Lucas Rehberg the vote). Members are advised there colleagues to vote ‘‘yes’’ on final pas- Lungren, Daniel Reichert Weller sage. E. Renzi Westmoreland are 2 minutes remaining in this vote. Whitfield Mr. GRIJALVA. Mr. Speaker, this Mack Reynolds Manzullo Rogers (AL) Wicker b 1638 motion is an attempt to kill the legis- Marchant Rogers (KY) Wilson (NM) lation. The use of the word ‘‘promptly’’ McCarthy (CA) Rogers (MI) Wilson (SC) Mr. KINGSTON changed his vote in the motion to recommit effectively McCaul (TX) Rohrabacher Wolf from ‘‘no’’ to ‘‘aye.’’ McCotter Ros-Lehtinen Young (AK) kills the bill. The issue of this motion McCrery Roskam Young (FL) So the motion to recommit was re- to recommit is redundant, not nec- jected. essary, and I would urge its defeat and NOES—228 The result of the vote was announced urge passage of the legislation. Abercrombie Donnelly Langevin as above recorded. The SPEAKER pro tempore. Without Ackerman Doyle Lantos Stated against: Allen Edwards Larsen (WA) Mr. SESTAK. Mr. Speaker, on rollcall No. objection, the previous question is or- Altmire Ellison Larson (CT) dered on the motion to recommit. Andrews Ellsworth Lee 408, had I been present, I would have voted There was no objection. Arcuri Emanuel Levin ‘‘no.’’ The SPEAKER pro tempore. The Baca Engel Lewis (GA) Ms. BERKLEY. Mr. Speaker, on rollcall No. Baird Eshoo Lipinski question is on the motion to recommit. Baldwin Etheridge Loebsack 408, I was unavoidably detained in a meeting The question was taken; and the Barrow Farr Lofgren, Zoe of the Ways and Means Trade Subcommittee Speaker pro tempore announced that Bean Fattah Lowey with the Chinese trade delegation. Had I been Becerra Filner Lynch present, I would have voted ‘‘no.’’ the noes appeared to have it. Berman Frank (MA) Mahoney (FL) The SPEAKER pro tempore. The RECORDED VOTE Berry Giffords Maloney (NY) Bishop (GA) Gilchrest Markey question is on the passage of the bill. Mr. PEARCE. Mr. Speaker, I demand Bishop (NY) Gillibrand Marshall The question was taken; and the a recorded vote. Blumenauer Gonzalez Matheson Speaker pro tempore announced that A recorded vote was ordered. Boren Gordon Matsui the ayes appeared to have it. The SPEAKER pro tempore. Pursu- Boswell Green, Al McCarthy (NY) Boucher Green, Gene McCollum (MN) RECORDED VOTE ant to clause 9 of rule XX, the Chair Boyd (FL) Grijalva McDermott will reduce to 5 minutes the minimum Boyda (KS) Gutierrez McGovern Mr. SHULER. Mr. Speaker, I demand time for any electronic vote on the Brady (PA) Hall (NY) McIntyre a recorded vote. Braley (IA) Hare McNerney question of passage. A recorded vote was ordered. Brown, Corrine Harman McNulty The SPEAKER pro tempore. This The vote was taken by electronic de- Butterfield Hastings (FL) Meehan vice, and there were—ayes 192, noes 228, Capps Herseth Sandlin Meek (FL) will be a 5-minute vote. not voting 12, as follows: Capuano Higgins Meeks (NY) The vote was taken by electronic de- Cardoza Hill Melancon vice, and there were—ayes 268, noes 150, [Roll No. 408] Carnahan Hinchey Michaud Carney Hinojosa Miller (NC) not voting 14, as follows: AYES—192 Carson Hirono Miller, George [Roll No. 409] Aderholt Burton (IN) Dreier Castor Hodes Mitchell Akin Buyer Duncan Chandler Holden Mollohan AYES—268 Alexander Calvert Ehlers Clarke Holt Moore (KS) Abercrombie Boyd (FL) Costello Bachmann Camp (MI) Emerson Clay Honda Moore (WI) Ackerman Boyda (KS) Courtney Bachus Campbell (CA) English (PA) Cleaver Hooley Moran (VA) Allen Brady (PA) Cramer Baker Cannon Everett Clyburn Hoyer Murphy (CT) Altmire Brady (TX) Crowley Barrett (SC) Cantor Fallin Cohen Inglis (SC) Murphy, Patrick Andrews Braley (IA) Cuellar Bartlett (MD) Capito Feeney Conyers Inslee Murtha Arcuri Brown, Corrine Cummings Barton (TX) Carter Ferguson Cooper Israel Nadler Baca Butterfield Davis (AL) Biggert Castle Flake Costa Jackson (IL) Napolitano Baird Capito Davis (CA) Bilbray Chabot Forbes Costello Jackson-Lee Neal (MA) Baldwin Capps Davis (IL) Bilirakis Coble Fortenberry Courtney (TX) Obey Barrow Capuano Davis, David Bishop (UT) Cole (OK) Fossella Cramer Jefferson Olver Bean Cardoza Davis, Lincoln Blackburn Conaway Foxx Crowley Johnson (GA) Ortiz Becerra Carnahan DeFazio Blunt Crenshaw Franks (AZ) Cuellar Johnson, E. B. Pallone Berkley Carney Delahunt Boehner Cubin Frelinghuysen Cummings Jones (NC) Pascrell Berman Carson DeLauro Bonner Culberson Gallegly Davis (AL) Kagen Pastor Berry Castle Dent Bono Davis (KY) Garrett (NJ) Davis (CA) Kanjorski Payne Biggert Castor Dicks Boozman Davis, David Gerlach Davis (IL) Kaptur Perlmutter Bilbray Chandler Dingell Boustany Davis, Tom Gingrey Davis, Lincoln Kennedy Peterson (MN) Bishop (GA) Clarke Doggett Brady (TX) Deal (GA) Gohmert DeFazio Kildee Pomeroy Bishop (NY) Clay Donnelly Brown (SC) Dent Goode Delahunt Kilpatrick Price (NC) Blumenauer Cleaver Doyle Brown-Waite, Diaz-Balart, L. Goodlatte DeLauro Kind Rahall Bono Clyburn Duncan Ginny Diaz-Balart, M. Granger Dicks Klein (FL) Rangel Boren Cohen Edwards Buchanan Doolittle Graves Dingell Kucinich Reyes Boswell Conyers Ehlers Burgess Drake Hall (TX) Doggett Lampson Rodriguez Boucher Costa Ellison

VerDate Aug 31 2005 02:29 May 24, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.096 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5668 CONGRESSIONAL RECORD — HOUSE May 23, 2007 Ellsworth Larsen (WA) Ruppersberger McHenry Pryce (OH) Smith (TX) hancement Act of 2001 (38 U.S.C. 1710 note) is Emanuel Larson (CT) Rush McHugh Putnam Stearns amended— Emerson LaTourette Ryan (OH) McKeon Radanovich Sullivan (1) by inserting ‘‘(1)’’ before ‘‘The pro- Mica Ramstad Engel Lee Salazar Tancredo gram’’; and English (PA) Levin ´ Miller (FL) Regula Sanchez, Linda Terry (2) by adding at the end the following new Eshoo Lewis (GA) T. Miller (MI) Rehberg Thornberry Etheridge Lewis (KY) Sanchez, Loretta Miller, Gary Reichert paragraph: Tiahrt ‘‘(2) The program shall be carried out at Farr Lipinski Sarbanes Murphy, Tim Renzi Tiberi Musgrave Reynolds not fewer than 75 medical centers by not Fattah LoBiondo Saxton Upton Ferguson Loebsack Myrick Rogers (AL) Schakowsky Walberg later than December 31, 2009, and at all med- Filner Lofgren, Zoe Schiff Neugebauer Rohrabacher ical centers by not later than December 31, Nunes Roskam Walden (OR) Fortenberry Lowey Schwartz 2011.’’. Paul Royce Weldon (FL) Frank (MA) Lucas Scott (GA) Frelinghuysen Lynch Pearce Ryan (WI) Weller The SPEAKER pro tempore. Pursu- Scott (VA) Gerlach Mahoney (FL) Pence Sali Westmoreland Serrano ant to the rule, the gentleman from Giffords Maloney (NY) Peterson (PA) Schmidt Whitfield Sestak California (Mr. FILNER) and the gen- Gilchrest Markey Petri Sensenbrenner Wicker Gillibrand Marshall Shea-Porter Pickering Sessions Wilson (NM) tleman from Kansas (Mr. MORAN) each Gillmor Matheson Sherman Pitts Shadegg Wilson (SC) will control 20 minutes. Gonzalez Matsui Shimkus Poe Shuster Young (AK) The Chair recognizes the gentleman Gordon McCarthy (NY) Shuler Price (GA) Smith (NE) Young (FL) Simpson from California. Green, Al McCollum (MN) Mr. FILNER. Mr. Speaker, I yield Green, Gene McDermott Sires NOT VOTING—14 Grijalva McIntyre Skelton Cannon Hulshof McMorris myself such time as I may consume. Gutierrez McNerney Slaughter Cooper Hunter Rodgers We are continuing with a packet of Hall (NY) McNulty Smith (NJ) Davis, Jo Ann Jones (OH) Murphy (CT) seven bills from the Veterans’ Affairs Hare Meehan Smith (WA) DeGette Kaptur Oberstar Committee that is really a thank-you Harman Meek (FL) Snyder Dreier McGovern Shays Hastings (FL) Meeks (NY) Solis in prelude to Memorial Day, a thank- Hayes Melancon Souder ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE you to our Nation’s veterans. Memorial Herseth Sandlin Michaud Space The SPEAKER pro tempore (during Day is a tribute to those who gave the Higgins Miller (NC) Spratt the vote). Members are advised 2 min- ultimate sacrifice. Hill Miller, George Stark Hinchey Mitchell Stupak utes remain in this vote. What we are saying is we’re honoring Hinojosa Mollohan them and all our veterans who are liv- Sutton b 1646 Hirono Moore (KS) Tanner ing with us in the United States. And Hodes Moore (WI) Tauscher So the bill was passed. Holden Moran (KS) as I said earlier, no matter where we Taylor The result of the vote was announced Holt Moran (VA) Thompson (CA) are on the current debate on the war in Honda Murphy, Patrick Thompson (MS) as above recorded. Iraq, we are united in saying that Hooley Murtha Tierney A motion to reconsider was laid on every young woman, every young man Hoyer Nadler Towns Inglis (SC) Napolitano the table. who returns from that battle gets all Turner Stated against: the care, the attention, the love, the Inslee Neal (MA) Udall (CO) Israel Obey Udall (NM) Mr. DREIER. Mr. Speaker, on rollcall No. honor, the dignity that a grateful Na- Jackson (IL) Olver Van Hollen 409 I was unavoidably detained during a hear- tion can bestow. And that’s what we Jackson-Lee Ortiz Vela´ zquez (TX) Pallone ing of the Committee on Rules. Had I been are saying in these bills today. Visclosky Jefferson Pascrell present, I would have voted ‘‘no.’’ We have already passed a bill which Walsh (NY) Johnson (GA) Pastor extends from 2 years to 5 years the Johnson (IL) Payne Walz (MN) f Wamp ability of any returning servicemember Johnson, E. B. Perlmutter REMOVAL OF NAME OF MEMBER Jones (NC) Peterson (MN) Wasserman in combat to access the VA health care Kagen Platts Schultz AS COSPONSOR OF H.R. 2060 system. Two years was not sufficient Kanjorski Pomeroy Waters Watson Mr. INSLEE. Mr. Speaker, I ask for those who might have brain inju- Kennedy Porter ries, who might have PTSD, Kildee Price (NC) Watt unanimous consent to remove from Kilpatrick Rahall Waxman H.R. 2060 the name of NATHAN DEAL as posttraumatic stress disorder. These Kind Rangel Weiner a cosponsor. His name was inadvert- are, in many cases, hidden diseases. Kirk Reyes Welch (VT) You don’t know that you have it. A Klein (FL) Rodriguez Wexler ently added as a cosponsor to the bill I Knollenberg Rogers (KY) Wilson (OH) had sponsored. doctor may not diagnose it at first, and Kucinich Rogers (MI) Wolf The SPEAKER pro tempore. Is there so as time goes by, you may feel the LaHood Ros-Lehtinen Woolsey objection to the request of the gen- need to access the VA health care sys- Lampson Ross Wu tem. So we have extended that from 2 Langevin Rothman Wynn tleman from Washington? Lantos Roybal-Allard Yarmuth There was no objection. years to 5 years. In addition, we have passed a new f NOES—150 outreach program to meet especially Aderholt Coble Hastert CHIROPRACTIC CARE AVAILABLE the needs of rural veterans, and we will Akin Cole (OK) Hastings (WA) TO ALL VETERANS ACT continue this package in the hour Alexander Conaway Heller Mr. FILNER. Mr. Speaker, I move to ahead. Bachmann Crenshaw Hensarling Veterans returning home from the Bachus Cubin Herger suspend the rules and pass the bill wars in Iraq and Afghanistan should be Baker Culberson Hobson (H.R. 1470) to amend the Department of Barrett (SC) Davis (KY) Hoekstra able to depend on medical services that Veterans Affairs Health Care Programs Bartlett (MD) Davis, Tom Issa they want being available in the sys- Barton (TX) Deal (GA) Jindal Enhancement Act of 2001 to require the tem of health care that was built to Bilirakis Diaz-Balart, L. Johnson, Sam provision of chiropractic care and serv- take care of them and their unique Bishop (UT) Diaz-Balart, M. Jordan ices to veterans at all Department of Blackburn Doolittle Keller needs. Blunt Drake King (IA) Veterans Affairs medical centers. For those returning veterans seeking Boehner Everett King (NY) The Clerk read the title of the bill. care in a VA health care system, we Bonner Fallin Kingston The text of the bill is as follows: Boozman Feeney Kline (MN) know that the most common health Boustany Flake Kuhl (NY) H.R. 1470 problems are under the category of Brown (SC) Forbes Lamborn Be it enacted by the Senate and House of Rep- musculoskeletal ailments, principally Brown-Waite, Fossella Latham resentatives of the United States of America in Ginny Foxx Lewis (CA) joint and back disorders. We hear a lot Congress assembled, Buchanan Franks (AZ) Linder about brain injury and PTSD, and Burgess Gallegly Lungren, Daniel SECTION 1. SHORT TITLE. those we have to give a lot of resources Burton (IN) Garrett (NJ) E. This Act may be cited as the ‘‘Chiropractic to, but 42 percent of veterans coming Buyer Gingrey Mack Care Available to All Veterans Act’’. Calvert Gohmert Manzullo to the health care system have been Camp (MI) Goode Marchant SEC. 2. PROGRAM FOR PROVISION OF CHIRO- presented to the VA with the needs of Campbell (CA) Goodlatte McCarthy (CA) PRACTIC CARE AND SERVICES TO Cantor Granger McCaul (TX) VETERANS. joint and back disorders. Carter Graves McCotter Section 204(c) of the Department of Vet- This bill, the Chiropractic Care Chabot Hall (TX) McCrery erans Affairs Health Care Programs En- Available to All Veterans Act, requires

VerDate Aug 31 2005 02:29 May 24, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A23MY7.035 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5669 that chiropractic services be made time, all veterans in this country can kota, limited access to chiropractic available in not fewer than 75 VA med- access chiropractic care. care has forced many veterans to ei- ical centers by the end of December A recent VA study indicates that the ther drive several hours to a VA med- 2009 and all the health care centers by demand for attention to back pain is ical center that offers chiropractic the end of 2011. only increasing, and we know that services, or to not receive the chiro- Undoubtedly the returning service- chiropractic care can address those practic care that they need. members will be able to benefit from issues. Numerous studies have dem- So it’s important that veterans be this care. I speak from experience as I onstrated that chiropractic care is an granted the same health care options have had chiropractic care a good part effective therapy and would be an ef- as the rest of the American population, of my life. I am confident that with ex- fective approach to low back pain, including the availability of chiro- pansion of these services within VA, spasms, and other maladies suffered by practic services. many veterans will be able to find re- not only all Americans but by our vet- I look forward to continue working lief from their pain. erans in particular. with my colleagues on the Veterans’ Since the creation of the VA health And so, Mr. Speaker, this is a piece of Affairs Committee to provide veterans care system, the Nation’s doctors of legislation that I think will benefit all with chiropractic and other health care chiropractic have been kept outside veterans across the country, widely services that they’ve earned and de- and all but prevented from providing supported by those veterans service or- serve. proven, cost-effective and needed care ganizations who speak here in our Na- I ask my colleagues to support H.R. to veterans. So we are grateful that action’s Capitol on behalf of veterans. 1470. cess is becoming wider and wider. The Disabled American Veterans, the Mr. MORAN of Kansas. Mr. Speaker, The support for VA chiropractic serv- Veterans of Foreign Wars, the Vietnam I would ask the balance of my time? ice is bipartisan. Former Secretary of Veterans of America, AMVETS, and How much time is remaining? Veterans Affairs Anthony Principi re- the Paralyzed Veterans of America all The SPEAKER pro tempore. The gen- leased a policy directive before his de- speak in favor of passage H.R. 1470. tleman from Kansas has 17 minutes re- parture several years ago regarding the Mr. Speaker, I come from a congres- maining. true and full integration of chiro- sional district in which access to Mr. MORAN of Kansas. Mr. Speaker, practic care in the VA. health care is a huge issue for all of my I yield 15 minutes to the gentleman Secretary Nicholson and I have de- citizens. Long distances to travel, at- from Indiana (Mr. BUYER), former veloped a solid working relationship, traction of health care providers to chairman of the committee and the and chiropractic care is an area where rural communities is a challenging ranking member. we will be working closely together. task and the more we can expand the Mr. BUYER. I thank the gentleman Both Republican and Democratic Mem- number of providers, the type of care for yielding, and I want to thank also bers have supported the inclusion of that can be provided, the more likely it not only you but also in particular Ms. chiropractic care in the VA. is that veterans who live in my district HERSETH SANDLIN and Mr. MICHAUD for I have worked very closely with and rural America will have access to their work on this bill. chiropractic patients, particularly our that care. I’m pleased to support H.R. 1470, the veterans, as well as with various asso- So, Mr. Speaker, I’m here on behalf Chiropractic Care Available to All Vet- ciations dedicated to the profession of the veterans of America. I’m here on erans Act, that would require a phased such as the American Chiropractic As- behalf of members of the Veterans’ Af- implementation to provide chiro- sociation. fairs Committee to urge my colleagues practic care in all VA medical centers Veterans are returning home from to approve H.R. 1470, the Chiropractic by December 31, 2011. combat expecting to receive needed Care Available to All Veterans Act. Under a policy guidance that I gave services. Let us not disappoint them. I thank the gentleman from Cali- under the House Republican alter- Expansion of chiropractic services is fornia for his encouragement of the native budget resolution for fiscal year the right thing to do, and it is the least passage of this legislation. 2008, we provided an additional $100 we can do for our returning heroes. Mr. Speaker, I reserve the balance of million for veterans medical services I urge support of H.R. 1470. my time. to support the hiring of doctors of Mr. Speaker, I reserve the balance of Mr. FILNER. Mr. Speaker, I yield as chiropractic care at all 155 VA medical my time. much time as she may consume to the centers. I have history dating back to Mr. MORAN of Kansas. Mr. Speaker, gentlewoman from South Dakota (Ms. the 106th Congress for supporting I yield myself as much time as I may HERSETH SANDLIN). chiropractic care. consume. Ms. HERSETH SANDLIN. Mr. Speak- The Military Personnel Sub- Mr. Speaker, there are thousands of er, I thank the gentleman for yielding, committee of the House Armed Serv- veterans across this country who could and I do rise in strong support today of ices Committee worked to include benefit from additional medical care H.R. 1470. chiropractic care services as a benefit and treatment, and chiropractic care is I want to thank Chairman FILNER for in the military health facilities and one form of that care and treatment introducing this important bill and for through TRICARE. that we believe can be expanded to his efforts to advance it through com- VA is currently offering chiropractic meet the health care needs of our Na- mittee. I also would like to thank care in 30 VA medical centers and pro- tion’s veterans. Ranking Member BUYER and Health vides chiropractic care on a fee-for- It’s an honor for me to be here today, Subcommittee Chairman MICHAUD for service basis for veterans who are geo- just a few days in advance of Memorial their work and support in moving the graphically distant from a VA medical Day, in support of legislation that I be- bill through each step in the com- facility. In fiscal year 2006, the VA paid lieve will benefit those veterans. mittee process. over $1 million to fee-based chiro- Mr. Speaker, in the year 2002, I joined Chiropractic care has been shown to practic providers to treat roughly 3,000 my colleagues in an effort to see that be a valuable and cost-effective health veterans, and I support the passage of chiropractic care became a significant care approach, which benefits millions this bill. component of the VA health care deliv- of Americans. Passage of this bill is an I would also note, Mr. Speaker, that ery system, and we have made progress important step in our efforts to broad- I’m very concerned because the chair- in that regard. And that program has en veterans access and options for man just spoke that the reason, words been implemented, but as the chairman health care services. to the effect, that he’s brought these indicated, as the gentleman from Cali- Currently the VA is only required to seven bills to the floor is to represent fornia indicated, it’s only available in provide chiropractic services on a lim- what a grateful Nation bestows. But a small number of hospitals across the ited basis to veterans in each geo- what I’m concerned about the seven country. graphic service area. For veterans in bills being considered today under the This legislation takes what was a rural parts of the country, as Mr. suspension of the rules, only one, H.R. very good idea in 2002 and 2003 and ex- MORAN was explaining, whether it’s in 2199, is being considered with a bill re- pands it to make certain that, over Kansas or my home State of South Da- port having been filed.

VerDate Aug 31 2005 02:29 May 24, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.103 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5670 CONGRESSIONAL RECORD — HOUSE May 23, 2007 I believe this is yet another way in Memorial Day break, to have HEATHER discussing a bill very important to vet- which the majority of this Veterans’ WILSON’s bill, H.R. 1474, brought to the erans? Affairs Committee is breaking with House floor under the suspensions. The SPEAKER pro tempore. The gen- past practices. When you do not file a Mr. Chairman, I yield to you. tleman has not stated a point of par- report with a bill that comes to the PARLIAMENTARY INQUIRY liamentary inquiry. floor, you are essentially denying Mr. FILNER. Mr. Speaker, I have a Mr. FILNER. I would inform the Members of the minority the oppor- parliamentary inquiry. ranking member that I am not going to tunity to file supplemental, minority The SPEAKER pro tempore (Mr. respond to political debate. and additional views on legislation CAPUANO). Does the gentleman from In- The SPEAKER pro tempore. The gen- under House rule XI, clause 2(i). diana yield for a parliamentary in- tleman from Indiana has the time. Since the time of Sonny Mont- quiry? Mr. BUYER. Thank you. I would gomery, the Committee on Veterans’ Mr. BUYER. I would yield to the yield back to the gentleman, since he Affairs has filed bill reports with every chairman for a parliamentary inquiry did not address a parliamentary in- veterans bill other than resolutions and respond to the question. quiry during his question. I yield to such as H. Res. 392 or a facility naming Mr. FILNER. Mr. Speaker, is it a re- him, if you would like to have a state- bill; which is what I’m asking for Mr. quirement that committees have to file ment. FILNER to do to honor the recipient of reports with legislation that is very Mr. FILNER. It’s your time. the Medal of Honor with regard to the straightforward? Mr. BUYER. Pardon? I yield to the naming of the VA medical center in Al- The SPEAKER pro tempore. The mo- chairman. buquerque, NM, and the minority has tion to suspend the rules obviates any Well, this is pretty interesting. It’s thus had the opportunity to file views. point of order on such issues. pretty hard to run the Nation’s busi- The veterans bills being considered Mr. FILNER. I thank you, and I hope ness if the chairman will not even re- by the House today, H.R. 67, H.R. 1660, the ranking member heard that. spond to somebody on the House floor. H.R. 612, H.R. 1470 and H.R. 2239, were Mr. BUYER. Mr. Speaker, once It’s also very disappointing if, in all ordered favorably reported, with the again, reclaiming my time, the Amer- fact, this is the way we are supposed to exception of H.R. 1470, ordered reported ican people get to see the abuse of honor America’s veterans whereby the from the Committee on Veterans’ Af- power that I have to deal with. chairman of the majority party is act- fairs with amendments. However, the Rather than working collegially with ing like this. chairman of the Veterans’ Affairs has us, with regard to filing reports, it’s I suppose what I should do is work filed no bill with reports on any of just, well, we don’t have to do it. We’ll with my good friend Mr. MICHAUD, who them. Not only does this deprive the just bring it to the floor. It doesn’t is the chairman of the Health Sub- minority of the opportunity to file matter. Really? Is that how we’re committee, who has the ability to call views, but it deprives veterans and the going to legislate? We’re just going to this bill up and to mark this bill up. rest of the interested public from hav- be sloppy about the Nation’s business? Obviously, even though he were to ing important legislative history which I don’t think that’s a proper way of mark this up in the subcommittee, it discusses the background of legislation paying respect to our Nation’s vet- would still be held at the full com- and explains the committee’s intent as erans, and it’s very unfortunate. mittee, if the chairman wants to con- well as the amendments. I yield to my colleague, the chairman tinue to play politics. of the committee, to respond to my Mr. FILNER. Mr. Speaker, I yield as b 1700 question that will you permit, under much time as she may need to the All of this is compounded by the fact the suspension of the rules, to consider gentlelady from Florida (Ms. CORRINE that most of these bills were ordered H.R. 474 when we return after Memo- BROWN), who has now for 15 years reported without hearings that would rial Day break so that we may honor fought side by side with me on behalf have provided an historical record for Raymond Jerry Murphy and rename of our Nation’s veterans. She is a fight- legislation. The majority also has not the Albuquerque VA Medical Center er, and we are proud of her. You have bothered to obtain the position of the after him. the floor, Ms. BROWN. administration on most of these bills. Mr. Chairman, I yield to you. Ms. CORRINE BROWN of Florida. There is no reason for taking such Mr. FILNER. Mr. Speaker, I have a First of all, let me thank Chairman shortcuts. I would have filed additional parliamentary inquiry. FILNER for shepherding the bills that views on H.R. 1660, in particular, if the The SPEAKER pro tempore. Does the we have here on the floor, for bringing opportunity had been available. These gentleman from Indiana yield for a these bills to the floor on this date. are not expedited pieces of legislation parliamentary inquiry? Mr. Speaker, I have been on Vet- involving an emergency situation. Mr. BUYER. I do not yield for a par- erans’ Affairs for 15 years, and as we There has been ample time to follow liamentary inquiry. I think the pur- approach Memorial Day, we do it to the customary regular order and do pose of my yielding to the chairman honor our veterans. The entire time I that which is right. was to get a good response, whereby we have been proud to be on this com- We will now be at a disadvantage have criteria, before the committee, mittee, because it is what we do for our when conferring with the Senate. I with regard to how we name VA med- veterans. fully expect the House to pass these ical centers. One of the things, Mr. BUYER, that I bills overwhelmingly, but it is not a There is an individual, all the cri- have enjoyed about serving on this good way to legislate on behalf of our teria have been satisfied, and I asked a committee is that it has always been Nation’s veterans. very simple question of the chairman, bipartisan. We have always worked to- I understand all the committees op- if he would suspend the rules and bring gether for the veterans in this country, erate under the suspension of the rules it to the floor. I have written him and we need to continue to do that. to bring legislation to the floor. I wish twice. He doesn’t respond to the let- As we move into this Memorial Day, that there were a collegial relationship ters. It has passed the Senate. A bill and I think about what I have to do between the chairman and the ranking lays upon the desk, and I asked a very next Monday, when I go home, to face member. It does not exist, unfortu- simple question. those families, we need to be honoring nately. All he wants to do is a parliamentary them today here on the floor of the If, in fact, he would confer and work inquiry. So maybe we will be enlight- House of Representatives. with us, we wouldn’t have to work ened if I let him do a parliamentary in- If we have any personal matters, it these things out or make an attempt to quiry. needs to be taken up at that particular work these things out on the House Mr. Chairman, I yield to you for a time and not here on the floor of the floor. parliamentary inquiry. House of Representatives. Once again, I will make an attempt, PARLIAMENTARY INQUIRY Earlier today I had the privilege of and I will ask Chairman FILNER if he Mr. FILNER. Mr. Speaker, am I re- joining the Congressional Women’s would call up HEATHER WILSON’s bill quired to engage in political debate Caucus at the Women in Military Serv- and allow us, when we return after the with the ranking member when we are ice for America Memorial at Arlington

VerDate Aug 31 2005 04:33 May 24, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.105 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5671 National Cemetery. Earlier today we TRAUMATIC BRAIN INJURY ‘‘(3) is unable to manage routine activities honored four members of the United HEALTH ENHANCEMENT AND of daily living without supervision or assist- States Armed Forces, and it was my LONG-TERM SUPPORT ACT OF ance. ‘‘(d) REPORT.—Not later than one year privilege to be there. The late Con- 2007 after the date of the enactment of this sec- gresswoman Juanita Millender-McDon- Mr. FILNER. Mr. Speaker, I move to tion, and annually thereafter, the Secretary ald, a key member in the Women’s Cau- suspend the rules and pass the bill shall submit to the Committees on Veterans’ cus, was instrumental in organizing (H.R. 2199) to amend title 38, United Affairs of the Senate and the House of Rep- this year’s celebration. States Code, to direct the Secretary of resentatives a report containing the fol- It wasn’t until 1971 that the last lowing information: Veterans Affairs to provide certain im- ‘‘(1) A description of the operation of the Monday in May became the official na- provements in the treatment of indi- program. tional holiday, as we know today, as viduals with traumatic brain injuries, ‘‘(2) The number of veterans provided care Memorial Day. The day itself was born and for other purposes, as amended. under the program during the year preceding from the tragedy of the Civil War when The Clerk read the title of the bill. such report. soldiers and family members in the The text of the bill is as follows: ‘‘(3) The annual cost of operating the pro- North and the South decorated the H.R. 2199 gram. graves of fallen soldiers with flowers. Be it enacted by the Senate and House of Rep- ‘‘§ 1793. Traumatic brain injury transition of- In 1868, seeking to formalize this resentatives of the United States of America in fices touching tribute, General John Logan, Congress assembled, ‘‘(a) ESTABLISHMENT.—The Secretary shall establish a traumatic brain injury transition Commander in Chief of the Grand SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Traumatic office at each Department polytrauma net- Army of the Republic, issued General work site for the purposes of coordinating Order Number 11 designating May 30, Brain Injury Health Enhancement and Long- Term Support Act of 2007’’. the provision of health-care and services to 1868, as Decoration Day, for the pur- veterans who suffer from moderate to severe SEC. 2. SCREENING, REHABILITATION, AND traumatic brain injuries and are in need of pose of laying flowers and decorating TREATMENT FOR TRAUMATIC BRAIN graves of those who died in the defense INJURY. health-care and services not immediately offered by the Department. of their country, our great country. (a) SCREENING, REHABILITATION, AND ‘‘(b) COOPERATIVE AGREEMENTS.—The Sec- TREATMENT FOR TRAUMATIC BRAIN INJURY.— All together, these bills move bene- retary, through each such office established (1) IN GENERAL.—Chapter 17 of title 38, fits for veterans into the 21st century. under subsection (a), shall have the author- United States Code, is amended by adding at ity to arrange for the provision of health- From extending the eligible period for the end the following new subchapter: health care for combat service in the care and services through cooperative agree- ‘‘SUBCHAPTER IX—TRAUMATIC BRAIN ments with appropriate public or private en- Persian Gulf to treating of trauma, INJURY brain injury, vocational rehabilitation tities that have established long-term ‘‘§ 1791. Screening for traumatic brain inju- neurobehavioral rehabilitation and recovery benefits, chiropractic benefits and out- ries programs. reach activities at the VA, finally to ‘‘(a) SCREENING PROGRAM.—The Secretary ‘‘§ 1794. Traumatic brain injury registry deal with the final resting place for shall establish a program to screen veterans ‘‘(a) IN GENERAL.—The Secretary shall es- those who have sacrificed for the free- who are eligible for hospital care, medical tablish and maintain a registry to be known dom of this Nation, these bills and this services, and nursing home care under sec- as the ‘Traumatic Brain Injury Veterans’ House honor our Nation’s veterans. tion 1710(e)(1)(D) of this title for symptoms Health Registry’ (in this section referred to I support all of these bills, and I urge of traumatic brain injury. as the ‘Registry’). ‘‘(b) REPORT.—Not later than one year my colleagues to support them as well. ‘‘(b) DESCRIPTION.—The Registry shall in- after the date of the enactment of this sec- clude the following information: Let us all honor the veterans who have tion, and annually thereafter, the Secretary ‘‘(1) A list containing the name of each in- done so much for us and these families shall submit to the Committees on Veterans’ dividual who served as a member of the as we go into Memorial Day. Affairs of the Senate and the House of Rep- Armed Forces in Operation Enduring Free- God bless America. resentatives a report containing the fol- dom or Operation Iraqi Freedom who exhib- Mr. MORAN of Kansas. Mr. Speaker, lowing information: its symptoms associated with traumatic ‘‘(1) The number of veterans screened brain injury and who— I yield back the balance of my time. under the program during the year preceding ‘‘(A) applies for care and services from the GENERAL LEAVE such report. Department under this chapter; or Mr. FILNER. Mr. Speaker, I ask ‘‘(2) The prevalence of traumatic brain in- ‘‘(B) files a claim for compensation under jury symptoms among the veterans screened unanimous consent that all Members chapter 11 of this title on the basis of any under the program. disability which may be associated with such may have 5 legislative days in which to ‘‘(3) Recommendations for improving care service; and revise and extend their remarks and to and services to veterans exhibiting symp- ‘‘(2) any relevant medical data relating to include extraneous material on H.R. toms of traumatic brain injury. the health status of an individual described 1470. ‘‘§ 1792. Comprehensive program for long- in paragraph (1) and any other information The SPEAKER pro tempore. Is there term traumatic brain injury rehabilitation the Secretary considers relevant and appro- objection to the request of the gen- ‘‘(a) COMPREHENSIVE PROGRAM.—The Sec- priate with respect to such an individual if tleman from California? retary shall develop and carry out a com- the individual— ‘‘(A) grants permission to the Secretary to There was no objection. prehensive program of long-term care for post-acute traumatic brain injury rehabilita- include such information in the Registry; or Mr. FILNER. Mr. Speaker, I yield tion that includes residential, community, ‘‘(B) is deceased at the time such indi- back the balance of my time. and home-based components utilizing inter- vidual is listed in the Registry. ‘‘(c) NOTIFICATION.—The Secretary shall The SPEAKER pro tempore. The disciplinary treatment teams. ‘‘(b) LOCATION OF PROGRAM.—The Secretary notify individuals listed in the Registry of question is on the motion offered by significant developments in research on the the gentleman from California (Mr. shall carry out the program developed under subsection (a) in four geographically dis- health consequences of military service in FILNER) that the House suspend the persed polytrauma network sites designated the Operation Enduring Freedom and Oper- rules and pass the bill, H.R. 1470. by the Secretary. ation Iraqi Freedom theaters of operations. The question was taken. ‘‘(c) ELIGIBILITY.—A veteran is eligible for ‘‘§ 1795. Centers for traumatic brain injury re- The SPEAKER pro tempore. In the care under the program developed under sub- search, education, and clinical activities opinion of the Chair, two-thirds being section (a) if the veteran is otherwise eligi- ‘‘(a) PURPOSE.—The purpose of this section ble for care under this chapter and— is to provide for the improvement of the pro- in the affirmative, the ayes have it. ‘‘(1) served on active duty in a theater of vision of health care to eligible veterans Mr. FILNER. Mr. Speaker, on that I combat operations (as determined by the with traumatic brain injuries through— demand the yeas and nays. Secretary in consultation with the Secretary ‘‘(1) the conduct of research (including re- The yeas and nays were ordered. of Defense) during a period of war after the search on improving facilities of the Depart- The SPEAKER pro tempore. Pursu- Persian Gulf War, or in combat against a ment concentrating on traumatic brain in- hostile force during a period of hostilities (as jury care and on improving the delivery of ant to clause 8 of rule XX and the defined in section 1712A(a)(2)(B) of this title) traumatic brain injury care by the Depart- Chair’s prior announcement, further after November 11, 1998; ment); proceedings on this question will be ‘‘(2) is diagnosed as suffering from mod- ‘‘(2) the education and training of health postponed. erate to severe traumatic brain injury; and care personnel of the Department; and

VerDate Aug 31 2005 03:28 May 24, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.107 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5672 CONGRESSIONAL RECORD — HOUSE May 23, 2007 ‘‘(3) the development of improved models through regular rotation through the par- established pursuant to this section and and systems for the furnishing of traumatic ticipating Department facilities so as to pro- shall provide for ongoing evaluation of the brain injury care by the Department. vide such residents with training in the diag- centers and their compliance with the re- ‘‘(b) ESTABLISHMENT OF CENTERS.—(1) The nosis and treatment of traumatic brain in- quirements of this section. Secretary shall establish and operate centers jury. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— for traumatic brain injury research, edu- ‘‘(2) An arrangement under which nursing, (1) There are authorized to be appropriated cation, and clinical activities. Such centers social work, counseling, or allied health per- to the Department of Veterans Affairs for shall be established and operated by collabo- sonnel receive training and education in the basic support of the research and edu- rating Department facilities as provided in traumatic brain injury care through regular cation and training activities of centers es- subsection (c)(1). Each such center shall rotation through the participating Depart- tablished pursuant to this section such sums function as a center for— ment facilities. as may be necessary. ‘‘(A) research on traumatic brain injury; ‘‘(3) The ability to attract scientists who ‘‘(2) In addition to funds appropriated for a fiscal year pursuant to the authorization of ‘‘(B) the use by the Department of specific have demonstrated achievement in re- appropriations in paragraph (1), the Under models for furnishing traumatic brain injury search— Secretary for Health shall allocate to such care; ‘‘(A) into the evaluation of innovative ap- centers from other funds appropriated for ‘‘(C) education and training of health-care proaches to the design of traumatic brain in- professionals of the Department; and that fiscal year generally for the Depart- jury care; or ment of Veterans Affairs medical services ‘‘(D) the development and implementation ‘‘(B) into the causes, prevention, and treat- of innovative clinical activities and systems account and the Department of Veterans Af- ment of traumatic brain injury. fairs medical and prosthetics research ac- of care with respect to the delivery of trau- ‘‘(4) The capability to evaluate effectively count such amounts as the Under Secretary matic brain injury care by the Department. the activities of the center, including activi- for Health determines appropriate to carry ‘‘(2) The Secretary shall, upon the rec- ties relating to the evaluation of specific ef- ommendation of the Under Secretary for out the purposes of this section. forts to improve the quality and effective- ‘‘(j) ANNUAL REPORTS.—Not later than Feb- Health, designate the centers under this sec- ness of traumatic brain injury care provided ruary 1 of each of year, the Secretary of Vet- tion. In making such designations, the Sec- by the Department at or through individual erans Affairs shall submit to the Committees retary shall ensure that the centers des- facilities. on Veterans’ Affairs of the Senate and House ignated are located in various geographic re- ‘‘(e) PEER REVIEW PANEL.—(1) In order to of Representatives a report on the status and gions of the United States. The Secretary provide advice to assist the Secretary and activities of the centers for traumatic brain may designate a center under this section the Under Secretary for Health to carry out injury research, education, and clinical ac- only if— their responsibilities under this section, the tivities during the preceding fiscal year. ‘‘(A) the proposal submitted for the des- official within the central office of the Vet- Each such report shall include the following: ignation of the center meets the require- erans Health Administration responsible for ‘‘(1) A description of the activities carried ments of subsection (c); traumatic brain injury care shall establish a out at each center and the funding provided ‘‘(B) the Secretary makes the finding de- peer review panel to assess the scientific and by the Department for such activities. scribed in subsection (d); and clinical merit of proposals that are sub- ‘‘(2) A description of the advances made at ‘‘(C) the peer review panel established mitted to the Secretary for the designation each of the participating facilities of the under subsection (e) makes the determina- of centers under this section. center in research, education and training, tion specified in subsection (e)(3) with re- ‘‘(2) The panel shall consist of experts in and clinical activities relating to traumatic spect to that proposal. the fields of traumatic brain injury research, brain injury care and treatment. ‘‘(3) Not more than five centers may be education and training, and clinical care. ‘‘(3) A description of the actions taken by designated under this section. Members of the panel shall serve as consult- the Under Secretary for Health pursuant to ‘‘(4) The authority of the Secretary to es- ants to the Department. subsection (g) to disseminate information tablish and operate centers under this sec- ‘‘(3) The panel shall review each proposal derived from such activities throughout the tion is subject to the appropriation of funds submitted to the panel by the official re- Veterans Health Administration. for that purpose. ferred to in paragraph (1) and shall submit to ‘‘(c) PROPOSALS FOR DESIGNATION OF CEN- ‘‘(4) The evaluation of the Secretary as to that official its views on the relative sci- the effectiveness of the centers in fulfilling TERS.—A proposal submitted for the designa- entific and clinical merit of each such pro- tion of a center under this section shall— the purposes of this section. posal. The panel shall specifically determine ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) provide for close collaboration in the with respect to each such proposal whether (1) There are authorized to be appropriated establishment and operation of the center, that proposal is among those proposals to the Department of Veterans Affairs for and for the provision of care and the conduct which have met the highest competitive the basic support of the research and edu- of research and education at the center, by a standards of scientific and clinical merit. cation and training activities of centers es- Department facility or facilities in the same ‘‘(4) The panel shall not be subject to the tablished pursuant to this section amounts geographic area which have a mission cen- Federal Advisory Committee Act (5 U.S.C. as follows: tered on traumatic brain injury care and a App.). ‘‘(A) $10,000,000 for fiscal year 2008. Department facility in that area which has a ‘‘(f) AWARD OF FUNDING.—Clinical and sci- ‘‘(B) $20,000,000 for each of fiscal years 2009 mission of providing tertiary medical care; entific investigation activities at each cen- through 2011. ‘‘(2) provide that no less than 50 percent of ter established under this section— ‘‘(2) In addition to funds appropriated for a the funds appropriated for the center for sup- ‘‘(1) may compete for the award of funding fiscal year pursuant to the authorization of port of clinical care, research, and education from amounts appropriated for the Depart- appropriations in paragraph (1), the Under will be provided to the collaborating facility ment of Veterans Affairs medical and pros- Secretary for Health shall allocate to such or facilities that have a mission centered on thetics research account; and centers from other funds appropriated for traumatic brain injury care; and ‘‘(2) shall receive priority in the award of that fiscal year generally for the Depart- ‘‘(3) provide for a governance arrangement funding from such account insofar as funds ment of Veterans Affairs medical services between the collaborating Department facili- are awarded to projects and activities relat- account and the Department of Veterans Af- ties which ensures that the center will be es- ing to traumatic brain injury. fairs medical and prosthetics research ac- tablished and operated in a manner aimed at ‘‘(g) DISSEMINATION OF USEFUL INFORMA- count such amounts as the Under Secretary improving the quality of traumatic brain in- TION.—The Under Secretary for Health shall for Health determines appropriate to carry jury care at the collaborating facility or fa- ensure that information produced by the re- out the purposes of this section. cilities which have a mission centered on search, education and training, and clinical ‘‘§ 1796. Committee on Care of Veterans with traumatic brain injury care. activities of centers established under this Traumatic Brain Injury ‘‘(d) FINDING OF SECRETARY.—The finding section that may be useful for other activi- ‘‘(a) ESTABLISHMENT.—The Secretary shall referred to in subsection (b)(2)(B) with re- ties of the Veterans Health Administration establish in the Veterans Health Administra- spect to a proposal for designation of a site is disseminated throughout the Veterans tion a committee to be known as the ‘Com- as a location of a center under this section is Health Administration. Such dissemination mittee on Care of Veterans with Traumatic a finding by the Secretary, upon the rec- shall be made through publications, through Brain Injury’. The Under Secretary for ommendation of the Under Secretary for programs of continuing medical and related Health shall appoint employees of the De- Health, that the facilities submitting the education provided through regional medical partment with expertise in the care of vet- proposal have developed (or may reasonably education centers under subchapter VI of erans with traumatic brain injury to serve be anticipated to develop) each of the fol- chapter 74 of this title, and through other on the committee. lowing: means. Such programs of continuing medical ‘‘(b) RESPONSIBILITIES OF COMMITTEE.—The ‘‘(1) An arrangement with an accredited education shall receive priority in the award committee shall assess, and carry out a con- medical school that provides education and of funding. tinuing assessment of, the capability of the training in traumatic brain injury care and ‘‘(h) SUPERVISION OF CENTERS.—The official Veterans Health Administration to meet ef- with which one or more of the participating within the central office of the Veterans fectively the treatment and rehabilitation Department facilities is affiliated under Health Administration responsible for trau- needs of veterans with traumatic brain in- which medical residents receive education matic brain injury care shall be responsible jury. In carrying out that responsibility, the and training in traumatic brain injury care for supervising the operation of the centers committee shall—

VerDate Aug 31 2005 03:28 May 24, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A23MY7.041 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5673 ‘‘(1) evaluate the care provided to such vet- ‘‘1796. Committee on Care of Veterans with amended by inserting after the item related erans through the Veterans Health Adminis- Traumatic Brain Injury.’’. to section 1712B the following new item: tration; (b) EFFECTIVE DATE.—The Secretary shall ‘‘1712C. Pilot program for delivery of certain ‘‘(2) identify systemwide problems in car- implement the requirements of subchapter services through mobile Vet ing for such veterans in facilities of the Vet- IX of title 38, United States Code, as added Centers.’’. erans Health Administration; by subsection (a), not later than 180 days SEC. 4. ADVISORY COMMITTEE ON RURAL VET- ‘‘(3) identify specific facilities within the after the date of the enactment of this Act. ERANS. Veterans Health Administration at which SEC. 3. PILOT PROGRAM FOR DELIVERY OF CER- (a) ESTABLISHMENT OF COMMITTEE.—Sub- program enrichment is needed to improve TAIN SERVICES TO VETERANS chapter III of chapter 5 of title 38, United treatment and rehabilitation of such vet- THROUGH MOBILE VET CENTERS. States Code, is amended by adding at the end erans; and (a) PILOT PROGRAM.—Chapter 17 of title 38, the following new section: ‘‘(4) identify model programs which the United States Code, is amended by inserting after section 1712B the following new section: ‘‘§ 546. Advisory Committee on Rural Vet- committee considers to have been successful erans in the treatment and rehabilitation of such ‘‘§ 1712C. Pilot program for delivery of cer- ‘‘(a) ESTABLISHMENT.—(1) The Secretary veterans and which should be implemented tain services through mobile Vet Centers shall establish an advisory committee to be more widely in or through facilities of the ‘‘(a) PILOT PROGRAM.—To improve access known as the ‘Advisory Committee on Rural Veterans Health Administration. to mental health services in rural areas, the Veterans’ (hereinafter in this section re- ‘‘(c) ADVICE AND RECOMMENDATIONS.—The Secretary shall carry out a pilot program committee shall— ferred to as ‘the Committee’). under which the Secretary shall provide re- ‘‘(2)(A) The Committee shall consist of ‘‘(1) advise the Under Secretary regarding adjustment counseling, related mental members appointed by the Secretary from the development of policies for the care and health services, benefits outreach, and, to the general public, including— rehabilitation of veterans with traumatic the extent practicable, assistance with ‘‘(i) representatives of rural veterans; brain injury; and claims for benefits under this title through ‘‘(ii) individuals who are recognized au- ‘‘(2) make recommendations to the Under the use of mobile centers (as that term is de- thorities in fields pertinent to the needs of Secretary— fined in section 1712A(i)(1)), to be known as rural veterans, including specific or unique ‘‘(A) for improving programs of care of ‘mobile Vet Centers’. In carrying out the health-care needs of rural veterans and ac- such veterans at specific facilities and pilot program, the Secretary shall determine cess issues of rural veterans; throughout the Veterans Health Administra- the most effective manner in which to oper- ‘‘(iii) individuals who have expertise in the tion; ate the mobile Vet Centers. delivery of mental health care in rural areas; ‘‘(B) for establishing special programs of ‘‘(b) SCOPE AND LOCATION.—(1) The Sec- ‘‘(iv) individuals who have expertise in the education and training relevant to the care retary shall establish two mobile Vet Cen- delivery of long-term care in rural areas; of such veterans for employees of the Vet- ters in each of the following five Veterans ‘‘(v) at least one veterans service organiza- erans Health Administration; Integrated Service Networks: tion representative from a rural State; and ‘‘(C) regarding research needs and prior- ‘‘(A) Veterans Integrated Service Network ‘‘(vi) representatives of rural veterans with ities relevant to the care of such veterans; 1. service-connected disabilities. and ‘‘(B) Veterans Integrated Service Network ‘‘(B) The Committee shall include, as ex ‘‘(D) regarding the appropriate allocation 16. officio members— of resources for all such activities. ‘‘(C) Veterans Integrated Service Network ‘‘(i) the Secretary of Health and Human ‘‘(d) ANNUAL REPORT.—Not later than June 19. Services (or a representative of the Sec- 1 of 2008, and each subsequent year, the Sec- ‘‘(D) Veterans Integrated Service Network retary of Health and Human Services des- retary shall submit to the Committees on 20. ignated by that Secretary); Veterans’ Affairs of the Senate and House of ‘‘(E) Veterans Integrated Service Network Representatives a report on the implementa- ‘‘(ii) the Director of the Indian Health 23. Service (or a representative of that Direc- tion of this section. Each such report shall ‘‘(2) Within each Veterans Integrated Serv- include the following for the calendar year tor); and ice Network under paragraph (1), the Sec- ‘‘(iii) the Under Secretary for Health and preceding the year in which the report is retary shall determine the area to be serv- submitted: the Under Secretary for Benefits, or their iced by each mobile Vet Center. In making designees. ‘‘(1) A list of the members of the com- that determination, the Secretary shall give mittee. ‘‘(C) The Secretary may invite representa- priority to areas in which limited mental tives of other departments and agencies of ‘‘(2) The assessment of the Under Secretary health and outreach services are available. for Health, after review of the initial find- the United States to participate in the meet- ‘‘(3) If the Secretary determines that mo- ings and other activities of the Committee. ings of the committee, regarding the capa- bile Vet Centers in addition to such centers ‘‘(3) The Secretary shall determine the bility of the Veterans Health Administra- required under paragraph (1) are warranted, number, terms of service, and pay and allow- tion, on a systemwide and facility-by-facil- the Secretary may establish additional mo- ances of members of the Committee ap- ity basis, to meet effectively the treatment bile Vet Centers and may establish such cen- pointed by the Secretary, except that a term and rehabilitation needs of veterans with ters in Veterans Integrated Service Net- of service of any such member may not ex- traumatic brain injury. works other than the Veterans Integrated ceed three years. The Secretary may re- ‘‘(3) The plans of the committee for further Service Networks referred to in that para- appoint any such member for additional assessments. graph. Upon such a determination by the terms of service. ‘‘(4) The findings and recommendations Secretary, the Secretary shall notify the ‘‘(b) RESPONSIBILITIES OF COMMITTEE.— The made by the committee to the Under Sec- Committees on Veterans’ Affairs of the Sen- Secretary shall, on a regular basis, consult retary for Health and the views of the Under ate and House of Representatives of such de- with and seek the advice of the Committee Secretary on such findings and recommenda- termination. with respect to the administration of bene- tions. ‘‘(c) TERMINATION.—The authority to carry fits by the Department for rural veterans, re- ‘‘(5) A description of the steps taken, plans out a pilot program under this section shall ports and studies pertaining to rural vet- made (and a timetable for the execution of terminate on the date that is three years erans, and the needs of rural veterans with such plans), and resources to be applied to- after the date of the enactment of this sec- respect to primary care, mental health care, ward improving the capability of the Vet- tion. and long-term care needs of rural veterans. erans Health Administration to meet effec- ‘‘(d) REPORT.—Not later than 90 days after ‘‘(c) REPORT.—(1) Not later than September tively the treatment and rehabilitation the date on which the pilot program termi- 1 of each odd-numbered year until 2013, the needs of veterans with traumatic brain in- nates under subsection (a), the Secretary Committee shall submit to the Secretary a jury.’’. shall submit to the Committees on Veterans’ report on the programs and activities of the (2) CLERICAL AMENDMENT.—The table of Affairs of the Senate and House of Rep- Department that pertain to rural veterans. contents at the beginning of such chapter is resentatives a report on the pilot program. Each such report shall include— amended by adding at the end the following Such report shall describe how the Secretary ‘‘(A) an assessment of the needs of rural new items: established and carried out the pilot pro- veterans with respect to primary care, men- ‘‘SUBCHAPTER IX—TRAUMATIC BRAIN INJURY gram and include an evaluation of the Sec- tal health care, and long-term care needs of ‘‘1791. Screening for traumatic brain inju- retary of the benefits and disadvantages of rural veterans and other benefits and pro- ries. providing readjustment counseling, related grams administered by the Department; ‘‘1792. Comprehensive program for long-term mental health services, benefits outreach, ‘‘(B) a review of the programs and activi- traumatic brain injury rehabili- and claims assistance through the use of mo- ties of the Department designed to meet tation. bile Vets Centers. such needs; and ‘‘1793. Traumatic brain injury transition of- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(C) such recommendations (including rec- fices. There is authorized to be appropriated to ommendations for administrative and legis- ‘‘1794. Traumatic brain injury registry. carry out this section $7,500,000 for fiscal lative action) as the Committee considers ‘‘1795. Centers for traumatic brain injury re- year 2008 and each subsequent fiscal year.’’. appropriate. search, education, and clinical (b) CLERICAL AMENDMENT.—The table of ‘‘(2) The Secretary shall, within 60 days activities. sections at the beginning of such chapter is after receiving each report under paragraph

VerDate Aug 31 2005 03:28 May 24, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A23MY7.041 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5674 CONGRESSIONAL RECORD — HOUSE May 23, 2007 (1), submit to Congress a copy of the report, postacute traumatic brain injury reha- cation, and clinical activities. During together with any comments concerning the bilitation at four geographically dis- the 108th Congress, we recognized the report that the Secretary considers appro- bursed polytrauma network sites. It frequency and unique nature of the priate. ‘‘(3) The Committee may also submit to provides for the establishment of TBI polytrauma/blast injuries resulting the Secretary such other reports and rec- transition offices at each Department from the global war on terror. These ommendations as the Committee considers polytrauma network site to coordinate injuries require an interdisciplinary appropriate. health care and services to veterans program to handle the medical, psycho- ‘‘(4) The Secretary shall submit with each who suffer from moderate to severe logical, rehabilitation, and prosthetic annual report submitted to Congress pursu- traumatic brain injuries. It requires needs of the injured servicemember. ant to section 529 of this title a summary of the Secretary to establish a registry of Public Law 108–422, the Veterans’ all reports and recommendations of the Com- those who served in Iraq who exhibit Health Programs Improvement Act of mittee submitted to the Secretary since the previous annual report of the Secretary sub- symptoms associated with TBI. 2004, directed VA to establish ‘‘an ap- mitted pursuant to that section.’’. This legislation establishes centers propriate number of centers for re- (b) CLERICAL AMENDMENT.—The table of for TBI research, education and clin- search, education, and clinical activi- sections at the beginning of such chapter is ical activities, and requires the Sec- ties to improve and coordinate reha- amended by adding at the end the following retary to establish a committee on the bilitative services for veterans suf- new item: care of veterans with TBI. In addition fering from complex multitrauma from ‘‘546. Advisory Committee on Rural Vet- to the provisions that address health combat injuries, and to coordinate erans.’’. care, research and treatment for vet- these services with the Department of The SPEAKER pro tempore. Pursu- erans, this legislation also provides for Defense.’’ ant to the rule, the gentleman from veterans who reside in rural areas. The centers required in Public Law California (Mr. FILNER) and the gen- Mr. Speaker, it is a very important 108–422 became the Polytrauma System tleman from Indiana (Mr. BUYER) each bill. We will hear soon from Mr. of Care. There are four centers located will control 20 minutes. MICHAUD, the chairman of our Health in Richmond, VA; Tampa, FL; Min- The Chair recognizes the gentleman Subcommittee, who was the primary neapolis, MN; and Palo Alto, CA. The from California. author of this, who has been a leader to committee strongly recommends that Mr. FILNER. Mr. Speaker, I yield make sure that we serve the veterans the new TBI centers be colocated with myself 3 minutes. who come back with these incredible the VA’s polytrauma rehabilitation Mr. Speaker, I would point out this is injuries, that they receive the proper centers. In this way, we can capitalize one of the most important bills on the care that they need. on the experience and expertise avail- floor today or at any time. It’s called Mr. Speaker, I reserve the balance of able at the polytrauma centers and en- the Traumatic Brain Injury Health En- my time. hance the ability to understand and hancement and Long-Term Support Mr. BUYER. Mr. Speaker, I yield my- treat the entire spectrum of the TBI Act of 2007. self such time as I may consume. injury from mild to most severe. The wounded from wars in Afghani- Let me first take this opportunity to I want to thank Mr. MICHAUD for rec- stan and Iraq are returning with mul- thank the chairman of the Sub- ognizing that we can actually get some tiple injuries due to the use of impro- committee on Health, Mr. MICHAUD, as benefits by the colocation of these vised explosive devices, or IEDs. This well as the subcommittee’s ranking services where TBI is already located. often results in servicemembers and member, Mr. MILLER, for their leader- Because we take and concentrate such veterans needing polytrauma care, and ship in developing this legislation. expertise, the colocation can only have has caused an increase in veterans with H.R. 2199, as amended, the Traumatic benefits. And the gentleman worked brain injury, or TBI. Brain Injury Health Enhancement and with me, and I think because TBI have We are going to have tens of thou- Long-Term Support Act of 2007, seeks a number of comorbidities such as sands of these young men and women to improve the treatment of veterans PTSD, depression, anxiety disorders, with these injuries. Among veterans suffering with traumatic brain injuries, and while these issues may appear with and servicemembers that return from often referred to as TBI, and the care TBI, they may also exhibit themselves OEF and OIF and treated at Walter for veterans who live in rural commu- separately from TBI, and I think that Reed for injuries of any type, approxi- nities. is exactly what Mr. MICHAUD is trying mately 65 percent have TBI or a co- b 1715 to get to. So I want to thank the gen- morbid, as they call it, diagnosis. Sur- tleman for his leadership and for bring- vivors of TBI experience physical, cog- However, I would comment that sev- ing this bill to the committee, along nitive, emotional and community inte- eral of the provisions included in this with your staff, for their good work. gration issues. Because of their injury, legislation are similar to initiatives Mr. Speaker, I reserve the balance of their capacity and initiative to seek that already exist or are getting under- my time. appropriate care on their own is dimin- way. For example, section 2 of the bill Mr. FILNER. Mr. Speaker, I recog- ished. would require the VA to screen eligible nize the chairman of our subcommittee We are also faced with thousands of veterans for symptoms of traumatic who has taken such a great leadership veterans returning from Iraq and Af- brain injury and create a TBI registry. role on these issues, the gentleman ghanistan with milder cases of brain These are also the recommendations of from Maine (Mr. MICHAUD) for 4 min- injury. This milder case often is missed the President’s task force on returning utes. and goes untreated, and symptoms may global war on terror heroes. In addi- Mr. MICHAUD. Mr. Speaker, I thank often mirror that of PTSD. Indeed, action, in March 2007, Secretary Nichol- the chairman for yielding. cording to the Defense and Veterans son directed a number of changes to H.R. 2199 is a bipartisan effort to ad- Brain Injury Center, in prior military improve the way the VA provides care dress the challenges presented by trau- conflicts, TBI was present in up to 14 to our newest combat veterans. matic brain injury and to improve the to 20 percent of surviving casualties. These veterans initiatives include quality of care for our rural veterans. The numbers for operations in OEF/OIF screening all OEF and OIF combat pa- TBI is considered to be the signature are predicted to go much, much higher. tients for TBI and for PTSD; providing wound of this war. TBI is complex and We must ensure that the health care each polytrauma patient with an advo- frequently overlooked or misdiagnosed. and services that meet the needs of re- cate to assist them and their family; We also have very little under- turning servicemembers are available mandatory training for all VA health standing of the long-term consequences and accessible, while never forgetting care personnel to recognize and care of TBI. We must make sure that the the needs of veterans from previous for patients with TBI; and establishing VA is doing all they can to provide for conflicts. This bill provides for manda- an outside panel of clinical experts to these wounded soldiers. This is only tory screening of veterans for trau- review the VA polytrauma system of the beginning, we still have more work matic brain injury. It requires the Sec- care. to do, but this is a good first step. retary to establish a comprehensive Additionally, the bill would provide H.R. 2199 also includes two provisions program of long-term care, of five new centers for TBI research, edu- to improve the quality of care provided

VerDate Aug 31 2005 04:33 May 24, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A23MY7.041 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5675 to our rural veterans. With so many Mr. FILNER, but he did his committee Mr. BUYER. Mr. Speaker, I reserve veterans from Iraq and Afghanistan work. He filed a report which allowed the balance of my time. living in rural areas, and an already ex- us to work with him. When you don’t Mr. FILNER. Mr. Speaker, we have isting population of older veterans in file a report, you deny the minority had many people contribute to this leg- these areas, we need to explore innova- their opportunity to be heard. islation, as Mr. MICHAUD said. I would tive ways to improve VA accessibility So I want to thank Mr. MICHAUD for like to recognize a great new Member and quality of care, especially on men- working with us and for his leadership. from Indiana who has worked hard on tal health issues. You heard both from Mr. Speaker, I yield such time as he this legislation, Mr. DONNELLY, for 2 the chairman and ranking member as may consume to the gentleman from minutes. far as what this legislation does. Arkansas (Mr. BOOZMAN). Mr. DONNELLY. Mr. Speaker, I rise I would like to recognize the hard Mr. BOOZMAN. The only thing I today in strong support of H.R. 2199. work of a group of Members on both would say is that, again, I am very Mr. Speaker, this bill will help us sides of the aisle who helped craft this much in support of the bill and I appre- better care for America’s wounded war- legislation. This truly is bipartisan leg- ciate the leadership that was shown, as riors suffering from traumatic brain in- islation. I do want to start with my Mr. BUYER just said, in getting the bill jury, the signature wound of the Iraq good friend, Mr. MILLER of Florida, forward. I think it is a great example and Afghanistan wars. This important who is the ranking member of the of everybody working together which, legislation will require the VA to bet- Health Care Subcommittee, who has again, our committee very often does ter screen veterans for symptoms of been extremely helpful in getting this demonstrate. So I am very much in TBI, devise a long-term care strategy, legislation introduced and moved support, and urge a ‘‘yes’’ vote. and promote better understanding of Mr. FILNER. Mr. Speaker, I yield 11⁄4 through the full committee; also, Mr. TBI and how we can provide the best minutes to the chairwoman of our Eco- ALTMIRE of Pennsylvania, who has care possible. nomic Opportunity Subcommittee, the taken a real leadership role in trau- I also want to thank my good friend, gentlelady from South Dakota, STEPH- matic brain injury, and for his focus on Mr. MICHAUD, for including my bill, ANIE HERSETH SANDLIN. H.R. 2190, establishing an advisory TBI with his legislation, H.R. 1944, Ms. HERSETH SANDLIN. Mr. Speak- committee on rural veterans, as a pro- which is included in H.R. 2199; Mr. er, I thank the gentleman for yielding. vision of this legislation. WALZ of Minnesota, for his legislation Mr. Speaker, I rise in strong support Mr. Speaker, over 40 percent of re- to establish centers for TBI research, of H.R. 2199, the Traumatic Brain In- turning Iraq and Afghanistan veterans education, and clinical activities, jury Health Enhancement and Long- are coming home to rural commu- which are now also included in H.R. Term Support Act. I would like to nities, and countless older veterans 2199, who also served on the Veterans’ thank the chairman of the Veterans’ Affairs Committee; and Mr. MCNERNEY Affairs Health Subcommittee, Mr. live in rural America, places like Pu- laski County and Starke County, Indi- of California, his legislation was in- MICHAUD, for introducing this impor- ana. The health care needs and services cluded in H.R. 2199 to create the Com- tant bill, and to thank Chairman FIL- rural veterans require are very, very mittee on Care for Veterans with TBI; NER and the ranking member for their Mr. DONNELLY, who sits on the Vet- support of this legislation. unique. These veterans often have in- erans’ Affairs Committee, of Indiana, Among other provisions, H.R. 2199 re- creased barriers to obtaining the same for his bill which was included in sec- quires screening of veterans for TBI, quality of care as their urban and sub- tion 4 of H.R. 2199, to create an advi- establishes a comprehensive program urban counterparts. We must do better sory committee on rural veterans; Mr. for long-term TBI rehabilitation to be by them. WELCH of Vermont, for his bill and ef- located at the polytrauma centers, and It is critical that the VA have direct forts to establish a pilot program for creates TBI transition offices at each input from rural veterans at the high- mobile vet centers, which are ex- of the polytrauma network sites. In ad- est level of policymaking. The Advi- tremely important for rural areas; Mr. dition, the bill creates an advisory sory Committee on Rural Veterans will LAMBORN of Colorado, for his amend- committee on rural veterans. These are work with and advise the VA Secretary ment to include providing benefits out- important steps toward helping the on how policies and programs affect reach and assistance with claims for young men and women who have suf- them, and how services can be im- benefits as part of the mission of mo- fered traumatic brain injury, and en- proved for rural veterans and their bile vet centers. He also sits on the suring the needs of our rural veterans families. committee and was very helpful in are addressed. I urge my colleagues in the House to making this bill a better bill. Working closely with a National pass this bill to improve care for our So this truly has been a real bipar- Guard soldier from South Dakota who wounded warriors and America’s rural tisan piece of legislation that took a suffered a traumatic brain injury while veterans. lot of components of other bills that serving in Iraq, and having visited him Mr. BUYER. Mr. Speaker, I would were through, that were introduced and his family at the Minneapolis also like to express my support for a and we had hearings on, to be part of polytrauma center, I witnessed both provision in the bill that would require this bill. the good and the bad of the VA’s ef- the VA to establish a TBI transition of- I also would like to thank Ranking forts to deal with these wounded serv- fice at each of the polytrauma network Member BUYER for his focus on this icemembers. While we have made re- sites. Not only is this vital for the DOD issue, and for his understanding of the markable strides in treating veterans and the VA to provide for a seamless importance of long-term research and with brain injuries, there is much room transition from active duty to veteran the pursuit of the best practices for for improvement, especially when it status, but it is also important for VA TBI care. He definitely has been very comes to the long-term support of to aid in the coordination of veteran helpful with this legislation. these servicemembers. care between VA and other health care And, finally, I would like to thank I believe the Traumatic Brain Injury providers for services that could pos- and congratulate Chairman FILNER for Health Enhancement and Long-Term sibly not be provided by the VA. These his strong bipartisan leadership on this Support Act will tremendously im- transition offices would help coordi- bill and other veterans bills on the prove the services available to veterans nate veterans care for services not of- floor as well, and look forward to tack- suffering from TBI. I look forward to fered by the VA, and have the author- ling other veterans issues as we move continuing working with my colleagues ity to arrange care with public or pri- forward in the 110th Congress. on the Veterans’ Affairs Committee to vate entities to establish long-term I urge my colleagues to support H.R. address these and other issues related neurobehavioral rehabilitation and re- 2199. to treating veterans suffering from covery programs. Mr. BUYER. Mr. Speaker, I would traumatic brain injury. The bill also includes two rural like to thank Mr. MICHAUD because he Again, I thank Representative health initiative provisions, one of did his committee work. He did his MICHAUD for introducing and advancing which would establish a pilot program committee work because we brought a this bill, and I ask my colleagues to for vet centers in rural areas. H.R. 2199, bill to the floor. Yes, under suspension, support H.R. 2199. as amended, included an amendment

VerDate Aug 31 2005 03:28 May 24, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.110 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5676 CONGRESSIONAL RECORD — HOUSE May 23, 2007 offered by Mr. LAMBORN of Colorado, that keeps your body temperature cold, him back to the life that he knows and the ranking member of the Sub- again so that you don’t swell up and that he should be able to live. committee on Disability Assistance cause more injury. So this is the kind On this floor we’re going to continue and Memorial Affairs. This amendment of thing that these veterans, these sol- to debate the wars. We’re going to con- will expand the role of the mobile vet diers are going through. tinue to see the debates divide us on center pilot program to include helping And we estimate that there’s ap- the war in Iraq. This Congress, and I veterans in need of assistance in the proximately 12,000 servicemembers thank the ranking member, and the filing of benefits claims. with some degree of traumatic brain chairman for allowing the care of our Mr. Speaker, I yield such time as he injury. That’s why I was motivated, veterans to bring us back together. Re- may consume to the gentleman from along with Mr. BOOZMAN from Arkan- gardless of how we feel on this war, Colorado (Mr. LAMBORN). sas, to introduce the Caring for Vet- this Congress and this committee is Mr. LAMBORN. Mr. Speaker, I rise in erans with Traumatic Brain Injury Act proving that the 110th Congress can strong support of H.R. 2199, the Trau- of 2007. and will advance crucial legislation matic Brain Injury Health Enhance- H.R. 2199 ensures that the VA will de- like H.R. 2199. So I thank you both. I ment and Long-Term Support Act of velop the infrastructure necessary to thank my colleagues. 2007. I thank Chairman FILNER, Rank- meet the needs of an increasing num- Mr. BUYER. Mr. Speaker, I want to ing Member BUYER, and Health Sub- ber of veterans diagnosed with TBI. thank the gentleman who just spoke. committee Chairman MICHAUD, the Among other things, the bill requires As a retired sergeant major, we benefit sponsor of this legislation, for their the VA to screen all veterans for TBI. by his expertise not only on the Vet- leadership in bringing this excellent It creates a registry for veterans with erans’ Affairs Committee, but also in legislation to the floor. I especially TBI so that we don’t lose track of them Congress. We have a lot of people here want to thank the gentleman from once they’re diagnosed, and it also cre- who have been enlisted, and we have Maine for working with me on a bipar- ates transition offices for patients with had officers and generals and admirals, tisan basis to include my amendment TBI who live in areas where the Vet- but when you get a sergeant major, in this bill. erans Administration isn’t able to they speak softly. And there’s a reason One of the provisions of H.R. 2199, as meet their needs. the sergeant major speaks softly, be- introduced, is a pilot program of mo- I’m thankful for the leadership of Mr. cause he doesn’t have to speak loudly bile vet centers which would provide MICHAUD and Mr. FILNER on this issue, because they are so well respected. And veterans with readjustment counseling and for the opportunity to speak in so, Sergeant Major, your contributions and related mental health services. My favor of 2199. to the committee are recognized and amendment would require that these Mr. BUYER. Mr. Speaker, I reserve appreciated. my time. Mr. Speaker, I reserve my time. mobile vet centers have trained staff to Mr. FILNER. Mr. Speaker, how much provide veterans with benefits out- Mr. FILNER. Mr. Speaker, I would like to yield 2 minutes to another hard- time do we have left? reach and help them with their claims The SPEAKER pro tempore. The gen- working new member of our com- applications and questions. tleman from California has 61⁄2 min- mittee, the highest-enlisted man ever Mr. Speaker, much of the trouble as- utes. sociated with the claims processing to be elected to Congress, Command Mr. FILNER. I would now recognize system is related to a veteran’s dif- Sergeant Major TIM WALZ from Min- another great new Member from Penn- ficulties in filing a correct and com- nesota. sylvania (Mr. ALTMIRE) for 2 minutes. plete claim. Veterans may have an in- Mr. WALZ of Minnesota. Mr. Speak- He has taken the lead on dealing with complete understanding of the claims er, I rise today in support of H.R. 2199. traumatic brain injury. system. I want to thank my colleague from Mr. ALTMIRE. Mr. Speaker, our Maine for sponsoring this piece of leg- b 1730 brave service men and women are re- islation; also thank my colleague from turning from Iraq and Afghanistan That could easily lead to an imper- Maine (Mr. MICHAUD), who’s been a with TBI at an alarming rate. Sixty- fectly completed application. My leader on this issue and veterans issues five percent of the soldiers at Walter amendment would help solve this prob- in general; grateful that he introduced Reed today have been diagnosed with lem by placing qualified VA employees this piece of legislation, and grateful traumatic injury, and thousands of vet- in the mobile vet centers to educate that he allowed a piece of legislation erans have mild TBI, but have not been the veteran and help him or her to cor- that I had introduced establishing the diagnosed. And I’m concerned that the rectly fill out their paperwork the first five TBI centers around the country. VA has not been properly diagnosing time. I’d also like to thank the ranking and treating those veterans with trau- H.R. 2199 could have significant im- member, the gentleman from Indiana, matic brain injury. pact on reducing the growing backlog for his thoughtful guidance on the co- As has been mentioned today, trau- of compensation and pension claims. I location of those facilities. I think it’s matic brain injury is the signature in- ask my colleagues to support this leg- absolutely the right thing to do. I jury for the wars in Afghanistan and islation. It will help veterans with think it concentrates our resources and Iraq. This is why I introduced the Vet- traumatic brain injury get the care our expertise. So I thank him for that erans Traumatic Brain Injury Treat- they need. At the same time, it will addition to it. ment Act, which has been included in help veterans seeking to apply for the The colocation at the polytrauma its entirety in this legislation we’re de- benefits they have earned in service to centers is the right thing to do. The re- bating today. My bill would improve their Nation. search that’s being done there is world the diagnosis and treatment of TBI for Mr. FILNER. Mr. Speaker, I would class. And I think an example of how our Nation’s veterans by requiring the like to yield 2 minutes to another hard- we can enhance that comes from, and VA to screen veterans for symptoms, working new member from our com- you just heard one of my colleagues develop and operate a comprehensive mittee, the gentleman from California speaking about this injury. program of long-term care for (Mr. MCNERNEY). I visit the VA centers every Veterans postacute TBI rehabilitation, establish Mr. MCNERNEY. Mr. Speaker, trau- Day for the last quite some time. And TBI transition offices at all matic brain injury is the signature in- several years ago there was a young polytrauma network sites, and create jury of the war in Iraq. man from Michigan there, and he had and maintain a TBI health registry. Let me explain a little bit what hap- suffered a traumatic brain injury. He In addition to improving the diag- pens to a veteran soldier with a trau- had survived a shrapnel wound, but his nosis and treatment of traumatic brain matic brain injury. They remove part brain had literally been turned inside injury, this bill will improve the VA’s of your skull so that your brain can ex- of his head. And because of the great research of TBI and ensure that the VA pand into that while it’s swelling up. care he was receiving there, he was sta- provides better care to veterans in They give you blood thinners so that bilized, and he was starting to rehabili- rural communities. you don’t have blood clots. They give tate. This bill will allow us to enhance I want to thank the subcommittee you antibiotics, and they put on a vest his recovery, starting to reintegrate chairman, Mr. MICHAUD, and the full

VerDate Aug 31 2005 03:28 May 24, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.112 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5677 committee chair, Mr. FILNER, for their 110 members, I commend the com- have an opportunity to do that. Mr. leadership on this issue, for including mittee under Chairman FILNER’s lead- FILNER, Mr. MICHAUD, and, of course, my legislation in its entirety in this ership. You’ve never, ever acted, Mr. BUYER and Mr. MILLER, thank you. bill, and I want to urge my colleagues through the Speaker, to do favors for Rural Americans have always served to support this piece of legislation. veterans. You’ve always handled it in the Nation’s armed services, National Mr. BUYER. Mr. Speaker, I appre- terms of your own responsibility. I sa- Guard and Reserves in very great num- ciate the gentleman’s comments that lute you for that. bers. In fact, though only 19 percent of he just made. Before you take off, this For his ongoing endeavors to explore the Nation lives in rural America, 44 issue, and I appreciate your interest in and thoughtfully legislate for the ben- percent of the current U.S. military re- it because this is one of our great chal- efit of our Nation’s many veterans suf- cruits come from rural areas, and near- lenges. We’ve got the best helmet that fering from TBI, I want to thank JACK ly one-third of those who died in Iraq we put on our soldiers and marines in MURTHA, Congressman MURTHA, for all are from small towns and communities the field and even some of the Air his work over the last 5 years on this across the Nation, Vermont very much Force personnel, Navy personnel. And issue when it wasn’t popular to talk among them. it protects them against ballistics, and about. And unfortunately, access to health it’s the best in the world. But when it The Veterans Administration has care for many of our veterans in rural comes to blasts and crash, what it does shown tremendous effort in addressing areas is limited by mileage, distance to the brain, we’re now on the fore- the needs of our returning vets, our re- and just the difficulty of transpor- front, and we are pushing the boundary turning troops on its own; however, I tation. Especially true, the provision of of our knowledge. believe the large volume of returning mental health care in rural settings And some of the world’s experts now TBI victims, the need for timely treat- has historically been a challenge for all are not only at the polytrauma cen- ment and the immediate need for health care systems and providers, in- ters, but in particular, when these sol- rehab, expertise and capacity require cluding the VA. And therefore, what we diers end up at Landstuhl, Germany, additional resources. Flexibility for recognize in this legislation is that we that’s where they are. So they can im- the VA to form partnerships to ensure need to help the VA develop innovative mediately deal with these top-notch care for our service per- solutions to address the need for men- neurotraumas. sonnel is essential. 2199 is an excellent tal health services in remote areas, And when the gentleman said that first step to ensuring our Nation’s vet- TBI being the big injury that’s been there could possibly be thousands, erans the care they need and deserve. discussed by my colleagues. what we do know is that at the The bill establishes five new Vet- This legislation takes a significant polytrauma centers, those who are ac- erans Administration research centers step towards improving the mental tually being treated for traumatic for TBI, which, without a doubt, health services available to geographi- brain injury, there’s less than 400 cases. produce new and exciting prevention But the gentleman is right with re- cally isolated veterans. It creates a gard to individuals who may have had and treatment techniques. A com- pilot program where at least two mo- a concussion. Yet, how severe is the prehensive TBI treatment program bile vet centers will provide readjust- concussion? within the VA is long overdue. ment counseling and mental health And if the science is unknown, and I want to commend the TBI screening services to veterans in at least five we’re trying to understand that. That’s program for veterans. We rec- Veterans Integrated Service Networks the purpose of Mr. MICHAUD’s bill. And ommended it. Football teams through- that have the highest concentration of I appreciate the gentleman’s interest, out the United States screen students rural veterans. before they put on football equipment. would love to continue to work with b 1745 you in your interest. I think that’s important that we do I’d bring to your attention the Vet- that with our vets. I worked to estab- One of these covers New England and erans Health Administration Directive lish it in the civilian realm. We should my home State of Vermont. These mo- 2007–013 released April 13, 2007, estab- have it in the military. bile vet centers will also provide infor- lishes the VA policy and procedure for On behalf of the task force, I look mation and outreach concerning vet- screening and evaluation of possible forward to working with the Veterans erans benefits and, when practicable, TBI in OEF and OIF veterans. This di- Committee on this and other TBI assistance with claims for benefits. rective states, ‘‘Not all patients who issues in the future. Rural individuals and their families screen positive have TBI. It is possible I urge my colleagues to vote in favor have strong bonds and ties to their to respond positively to all four sec- of H.R. 2199. communities. These mobile vet centers tions due to the presence of other con- Mr. BUYER. Mr. Speaker, I yield my- will allow veterans to stay in their ditions such as PTSD, cervical cranial self such time as I may consume. communities and prevent endless hours injury with headaches and inner ear in- At the May 9, 2007, full committee of car rides for the care they receive. jury, for example. Therefore, it’s crit- hearing on the results of the Presi- I urge support and passage of this ical that patients not be labeled with a dent’s Task Force on Returning Global legislation and thank the committee diagnosis of TBI on the basis of a posi- War on Terror Heroes, in response to for its indulgence. tive screening test. Patients need to be my questioning about the actual num- Mr. BUYER. Mr. Speaker, I believe referred for further evaluation.’’ ber of TBI cases treated in VA as inpa- that it is conceivable that at some So we are in an area of science tients, Secretary Nicholson responded point one of these needed Traumatic whereby the sand shifts directly under that VA has treated 369 veterans in its Brain Injury Centers of Excellence our feet, and I would look forward to polytrauma centers so far for TBI. could be located in the Department of working with the gentleman. Secretary Nicholson also commented Veterans Affairs Medical Center in Al- Mr. Speaker, I reserve my time. that the VA has the capacity in their buquerque, New Mexico, which could be Mr. FILNER. Mr. Speaker, I’d like to polytrauma centers, and that many of named the Raymond G. ‘‘Jerry’’ Mur- yield 2 minutes to the fighting gen- the patients in the polytrauma centers phy Department of Veterans Affairs tleman from New Jersey (Mr. are active duty military. Medical Center, if Chairman FILNER PASCRELL), who we like to call an hon- Mr. Speaker, I continue to reserve would clear either H.R. 474 or take up orary member of the Veterans’ Com- my time. Senate bill 229 for consideration on the mittee since he fights so hard for vet- Mr. FILNER. Mr. Speaker, I’d like to floor of which that Senate bill, Mr. erans and is cochair of the Traumatic yield 2 minutes to another great new Speaker, sits at your desk. Brain Injury Caucus in the Congress. Member fighting for veterans, Con- Mr. Speaker, I yield back the balance Mr. PASCRELL. Mr. Speaker, I rise gressman WELCH from Vermont. of my time. in favor of H.R. 2199, the Traumatic Mr. WELCH of Vermont. Mr. Speak- Mr. FILNER. Mr. Speaker, let me Brain Injury Health Enhancement and er, I want to thank the Veterans’ Af- just conclude by saying like everything Long-Term Support Act. fairs Committee, the openness of that else about this war, the administration As cochair of the 8-year-old Congres- committee, to let anyone with a good did not prepare either for the fighting, sional Brain Injury Task Force of over idea to help veterans to come in and the aftermath, or the treatment of the

VerDate Aug 31 2005 03:28 May 24, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.115 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5678 CONGRESSIONAL RECORD — HOUSE May 23, 2007 veterans coming back. We simply left with combat-related brain injuries. I commend The question was taken. thousands of our veterans without ade- Representative ALTMIRE who initiated this ef- The SPEAKER pro tempore. In the quate resources to treat these brain in- fort and I thank VA Subcommittee Chairman opinion of the Chair, two-thirds being juries or PTSD or other issues that MICHAUD, and VA Chairman FILNER for quickly in the affirmative, the ayes have it. arise. No matter what denial that bringing this bill to the floor. Mr. FILNER. Mr. Speaker, on that I comes from the minority party, no Traumatic brain injury (TBI) is the most demand the yeas and nays. matter what denial comes from the ad- common wound suffered by troops returning The yeas and nays were ordered. ministration, we have not prepared for from Iraq and Afghanistan; unfortunately it is The SPEAKER pro tempore. Pursu- adequate treatment of these veterans. often undetected until it is too late. The bill beant to clause 8 of rule XX and the We are passing legislation today to do fore us today ensures we preemptively screen Chair’s prior announcement, further that, and we will not deny that there all veterans for brain injury and that we have proceedings on this question will be will be thousands and thousands of the facilities and research necessary to pro- postponed. brain-injured veterans. We should bring vide the best care possible. f Additionally, this bill addresses the needs of them home now and we should treat EARLY ACCESS TO VOCATIONAL the 44 percent of service members who live in them well when they get back. REHABILITATION AND EMPLOY- rural areas, like those in my district, by estab- Mr. SPACE. Mr. Speaker, I rise again today MENT BENEFITS ACT in support of H.R. 2199, the Traumatic Brain lishing an Advisory Committee on Rural Vet- Injury Health Enhancement and Long-Term erans. It also creates a pilot program for mo- Mr. FILNER. Mr. Speaker, I move to Support Act. This bill offers a comprehensive bile counseling and mental health services. suspend the rules and pass the bill legislative solution to confronting our Mr. Speaker, I am proud we took up this bill (H.R. 2239) to amend title 38, United servicemembers’ increasing suffering from in the Veterans’ Affairs Committee because it States Code, to expand eligibility for Traumatic Brain Injury. is a strong investment in timely healthcare for vocational rehabilitation benefits ad- Our brave men and women who serve in our returning troops. I urge my colleagues to ministered by the Secretary of Vet- Operation Iraqi Freedom and Operation En- support our military heroes by voting for the erans Affairs, as amended. during Freedom are faced with daunting phys- Traumatic Brain Injury Health Enhancement The Clerk read the title of the bill. ical and mental challenges every day as they and Long-Term Support Act. The text of the bill is as follows: carry out their duties. Troops deployed in Iraq, Mr. REYES. Mr. Speaker, I rise today in H.R. 2239 specifically, encounter the widespread use of support of H.R. 2199, the Traumatic Brain In- Be it enacted by the Senate and House of Rep- IEDs, which can cause Traumatic Brain Injury. jury Health Enhancement and Long Term Sup- resentatives of the United States of America in Extended deployments put our troops at risk port Act of 2007. As a Vietnam combat vet- Congress assembled, for longer periods of time. eran, I have seen the long term effects that SECTION 1. SHORT TITLE. H.R. 2199 brings together solutions to begin war-related wounds and illnesses can have on This Act may be cited as the ‘‘Early Access addressing the needs of our wounded warriors the lives of our returning soldiers. to Vocational Rehabilitation and Employ- who have been diagnosed with TBI. The bill As Agent Orange sickness and Post Trau- ment Benefits Act’’. matic Stress Disorder (PTSD) came to typify SEC. 2. EXPANSION OF ELIGIBILITY FOR VOCA- requires the VA to establish five centers for TIONAL REHABILITATION BENEFITS TBI research, education, and clinical activities. the Vietnam War, I believe that Traumatic ADMINISTERED BY THE SECRETARY It also instructs the VA to establish a TBI Brain Injuries (TBI) have become a signature OF VETERANS AFFAIRS. screening program that would provide critical wound of the current conflicts in Iraq and Af- Section 3102 of title 38, United States Code, information to Congress regarding the number ghanistan. Advances in body armor and battle- is amended— of veterans screened, the prevalence of TBI field medicine have allowed our troops to sur- (1) in paragraph (1)(B), by striking ‘‘or’’ at vive head wounds that once would have been the end; symptoms, and recommendations for improv- (2) in paragraph (2), by striking the period ing care. H.R. 2199 dictates that the VA fatal. However, the number of identified trau- at the end and inserting ‘‘; or’’; and should create a comprehensive program for matic brain injuries is alarming. Of the 23,000- (3) by adding at the end the following new the long-term care and rehabilitation for vet- plus troops who have been wounded in the paragraph: erans who suffer from TBI. The bill also re- wars in Iraq and Afghanistan, two-thirds re- ‘‘(3) the person— quires the VA to create a Traumatic Brain In- portedly have been diagnosed with traumatic ‘‘(A) at the time of the Secretary’s deter- jury Veterans Health Registry to generate a brain injuries. These numbers may even be mination under subparagraph (B), is a mem- list of those who served in Iraq and/or Afghan- higher since many cases are often ber of the Armed Forces who is hospitalized undiagnosed and go untreated. Some reports or receiving outpatient medical care, serv- istan, who have symptoms of TBI, and who ices, or treatment; apply for VA medical care or file a disability suggest that 150,000 veterans of the war in ‘‘(B) is determined by the Secretary to claim. The VA can then notify those on the Iraq have suffered a traumatic brain injury of have a disability incurred or aggravated in registry of significant developments in re- some kind. the line of duty in the active military, naval, search on health consequences of serving in Many of those affected by these devastating or air service that is likely to be rated at 10 Iraq and/or Afghanistan. injuries are unable to perform the most basic percent or more; and Additionally, this bill authorizes funding for a cognitive functions and have great difficulties ‘‘(C) is likely to be discharged or released pilot program of mobile VA centers for rural with the tasks of everyday life. These injured from such service for such disability.’’. areas. These mobile VA centers would im- soldiers will require quality care and treatment The SPEAKER pro tempore. Pursu- prove access to readjustment benefits as well for the rest of their lives. ant to the rule, the gentleman from as mental health services. The mobile centers While it is our obligation to ensure that our California (Mr. FILNER) and the gen- would also assist veterans in making disability military forces have all the necessary arms tleman from Arkansas (Mr. BOOZMAN) claims. and equipment to safely carry out their mis- each will control 20 minutes. I represent a rural district comprised of sions, we are also responsible for making sure The Chair recognizes the gentleman small towns and villages. I know that my rural that our troops know that we will take care of from California. veterans’ constituency desperately needs bet- them when they return home. Today we have Mr. FILNER. Mr. Speaker, I yield ter access to VA services and care, and these an opportunity to demonstrate to our wounded myself such time as I may consume. mobile VA centers could be part of the solu- veterans our appreciation for their sacrifices This bill, the Early Access to Voca- tion. and our firm commitment to providing them tional Rehabilitation and Employment I strongly urge my colleagues to support this with the means for living a full and rewarding Benefits Act, was authored by my good bill because it makes great strides in providing life. I urge my colleagues to join me in sup- friend from Arkansas (Mr. BOOZMAN), comprehensive care for our Nation’s wounded porting this important bill. and we appreciate his efforts over warriors suffering from Traumatic Brain Injury. Mr. FILNER. Mr. Speaker, I yield many years on behalf of our veterans. I Mr. HARE. Mr. Speaker, I rise today in back the balance of my time. was glad that we could get this bill to strong support of H.R. 2199, the Traumatic The SPEAKER pro tempore. The the floor today. It is the last of seven Brain Injury Health Enhancement and Long- question is on the motion offered by that say thank you to our Nation’s vet- Term Support Act. As a Member of the Com- the gentleman from California (Mr. erans as we come up on Memorial Day. mittee on Veterans’ Affairs, I had the privilege FILNER) that the House suspend the This would extend vocational reha- of working on this bipartisan bill, which I be- rules and pass the bill, H.R. 2199, as bilitation and employment benefits to lieve provides critical resources to our heroes amended. members of the Armed Forces who are

VerDate Aug 31 2005 03:28 May 24, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.117 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5679 determined to have a disability in- and often find themselves with signifi- erans dropping out of the VR&E pro- curred while on active duty of at least cant free time outside of their therapy gram is the immediate need to finan- 10 percent and likely to be discharged sessions. That free time offers an ideal cially support the family. We can re- from service due to that disability. The opportunity to make use of their voca- duce the risk of these individuals drop- servicemembers would still have to tional rehabilitation and employment ping out of the program prematurely if qualify under usual vocational reha- benefits to prepare them for the civil- we extend the benefits while they are bilitation and employment criteria of ian job market. I am happy to let my still on active duty. at least 20 percent, with an employ- colleagues know that CBO has said Now, in some cases, due to the sever- ment handicap of 10 percent with a se- that this bill ‘‘would have no direct im- ity of their injuries, a number of vet- rious employment handicap. pact on direct spending.’’ The bill sim- erans may likely experience a drop in H.R. 2239 will help veterans begin ply affects the timing of when our serv- pay after their discharge and when their rehab earlier and will be very icemembers receive the benefits. they enter the civilian workforce. How- beneficial to those veterans in ex- All of us have gone over to Bethesda ever, if a veteran begins his or her re- tended convalescence which could be and Walter Reed to visit injured habilitation immediately, he or she over a year. This is the ideal time, as troops. And, again, this is an effort to may be able to enter the job market veterans will still be on active duty, give them the best of both worlds, the much earlier with a level of readiness continuing to receive their military best that we can offer them being on and a set of skills to command a high- pay, making it easier to support his or active duty, but to go ahead and start er-paying position than otherwise her family. One of the factors that those vocational rehab services so that might be obtained. leads to servicemembers dropping out we can get vocational counselors in I look forward to continuing to work of vocational rehabilitation and em- there and then, again, as they pursue in a bipartisan manner with Mr. ployment is the need to support their their getting stronger and heal phys- BOOZMAN on the Economic Opportunity families. ically, to go ahead and direct them in Subcommittee to ensure Federal serv- Due to the severity of the injury or such a way that we can provide a new ices are available to help our fighting injuries, most veterans will be ex- occupation for them in the future. men and women successfully transition pected to experience a drop in pay once So I appreciate Chairman FILNER, to civilian life. I ask my colleagues to join me in they are discharged. However, if a vet- Ranking Member BUYER, Chairwoman supporting H.R. 2239 so that we may eran begins their rehab immediately, HERSETH SANDLIN, and especially the ensure our servicemembers are more they may be able to enter the job mar- chairwoman in the sense that she was readily afforded the benefits they need ket much earlier. instrumental in helping us amend the to heal and succeed after their service I urge my colleagues to support H.R. bill to improve it. to our country. 2239. It is an important bill. This is the So, again, I would urge that my col- Mr. BOOZMAN. Mr. Speaker, I yield least we can do for these brave men leagues support this legislation. for the purpose of making a unanimous and women. It will ease the transition Mr. Speaker, I reserve the balance of consent request to the gentleman from from the military to civilian employ- my time. Indiana (Mr. BUYER). ment market. And, again, I thank Mr. Mr. FILNER. Mr. Speaker, I yield (Mr. BUYER asked and was given BOOZMAN for his leadership on this such time as she may consume to the permission to revise and extend his re- issue. dynamic chair of our Economic Oppor- marks.) Mr. Speaker, I reserve the balance of tunity Subcommittee, the gentle- Mr. BUYER. Mr. Speaker, I rise in my time. woman from South Dakota (Ms. support of the bill and compliment Ms. Mr. BOOZMAN. Mr. Speaker, I yield HERSETH SANDLIN). HERSETH SANDLIN for her work and Mr. myself such time as I may consume. Ms. HERSETH SANDLIN. Mr. Speak- BOOZMAN. H.R. 2239, the Early Access to Voca- er, again I thank the chairman for Mr. Speaker, the bill, as amended does two tional Rehabilitation and Employment yielding. important things. First, it lowers the existing Benefits Act, implements a common- I rise today in strong support of H.R. eligibility for servicemembers undergoing treat- sense involvement in the speed with 2239, the Early Access to Vocational ment prior to discharge to 10 percent vice the which we provide vocational rehabili- Rehabilitation and Employment Bene- current 20 percent. Second, it clarifies existing tation to injured servicemembers. This fits Act. law to reaffirm Congress’ intent that VA pro- bill makes it clear that active duty I want to thank the ranking member vide vocational rehabilitation and employment servicemembers are entitled to begin of the Economic Opportunity Sub- benefits to eligible service members under- using vocational rehabilitation bene- committee, my good friend and trusted going what is normally long-term convales- fits prior to discharge. colleague, Mr. BOOZMAN, for intro- cence. The bill directs the Department of ducing this important bill and for This bill will be especially important to serv- Veterans Affairs to coordinate with the working with me prior to the com- ice members being treated at our major trau- military services to determine the mittee markup to strengthen the bill. I ma centers such as Walter Reed, Bethesda, likelihood that a servicemember under- also want to thank Chairman FILNER Palo Alto and Tampa Bay. Many of these going hospitalization or outpatient and Ranking Member BUYER for their service members are facing what may be treatment will be discharged or re- support of the bill as well. years of physical and emotional therapy and it turned to active duty. If the member is While current law requires service- makes good sense to begin the process of re- likely to be discharged and will likely members to be discharged from active integration into the workforce prior to dis- have a disability rating of at least 10 duty prior to applying and receiving charge from active duty. Voc rehab benefits percent, VA is authorized to evaluate benefits from the VA, H.R. 2239 would available under this bill will also provide posi- and award the full range of vocational extend vocational rehabilitation and tive reinforcement to DoD and VA therapy rehabilitation benefits prior to the employment benefits to members of sessions by concentrating on issues other servicemember’s discharge. Such a de- the U.S. Armed Forces who are deter- than any residual disability(s) they may have cision would be made using the current mined to have a disability of at least 10 from their injuries. statutory and regulatory processes to percent or more, incurred or aggra- Mr. Speaker, this is an excellent bill and I determine eligibility. vated while on duty, and likely to be strongly urge my colleagues to support it. Mr. Speaker, it makes no sense to discharged from service due to that dis- Mr. FILNER. Mr. Speaker, I have no delay access to benefits that will speed ability. further requests for time, and I reserve an injured servicemember’s return to This important legislation would the balance of my time. productive civilian life. For severely help veterans begin their rehabilita- Mr. BOOZMAN. Mr. Speaker, again, I injured servicemembers, these benefits tion earlier and could be very bene- would like to urge the passage of H.R. often make the difference between ficial for those who are in extended 2239. I appreciate the work of my chair- whether or not they are able to live convalescence, which may last more man and ranking member and espe- independently. Many of those wounded than a year for some servicemembers. cially the work of the staff on this bill. in the global war on terror spend 2 or 3 As the chairman explained, today we Mr. Speaker, I yield back the balance years recovering from their injuries do find that a major factor for new vet- of my time.

VerDate Aug 31 2005 03:28 May 24, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.119 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5680 CONGRESSIONAL RECORD — HOUSE May 23, 2007 GENERAL LEAVE working routine at a pace that better suits our VETERANS OUTREACH Mr. FILNER. Mr. Speaker, I ask servicemembers is beneficial to all parties in- IMPROVEMENT ACT OF 2007 unanimous consent that all Members volved. The SPEAKER pro tempore. The un- may have 5 legislative days in which to I urge my colleagues to support H.R. 2239 finished business is the vote on the mo- revise and extend their remarks and in- because the bill provides our Nation’s vet- tion to suspend the rules and pass the clude extraneous material on both H.R. erans with more timely access to a promised bill, H.R. 67, as amended, on which the service as they transition back to civilian life. 2199 and H.R. 2239, as amended. yeas and nays were ordered. The SPEAKER pro tempore. Is there Mr. DAVIS of Illinois. Mr. Speaker, I rise in The Clerk read the title of the bill. objection to the request of the gen- strong support of H.R. 2239, to expand eligi- The SPEAKER pro tempore. The tleman from California? bility for vocational rehabilitation benefits ad- question is on the motion offered by There was no objection. ministered by the Secretary of Veterans Af- Mr. FILNER. Mr. Speaker, we have fairs. I would like to take some of my time to the gentleman from California (Mr. come to the end of a day of thanks to express my deepest appreciation for our Na- FILNER) that the House suspend the our Nation’s veterans. We have seven tion’s veterans. It is with this that I strongly rules and pass the bill, H.R. 67, as bills, all of which will go to really im- ask you to expand eligibility for vocational re- amended. prove our services, our health care, our habilitation benefits for all of our veterans. The vote was taken by electronic de- sense of commitment to our Nation’s Every day, we find more and more of our vet- vice, and there were—yeas 421, nays 0, veterans. We have had seven good bills erans returning home with severe physical and not voting 11, as follows: today, and I think they will all be ap- mental disabilities. This legislation is a step in [Roll No. 410] proved by this body. the right direction and will act as a corner- YEAS—421 I was a professor of European history stone necessity for providing the medical care, Abercrombie Cleaver Goodlatte before I became a Congressman, and I services and treatment that all of our country’s Ackerman Clyburn Gordon finest deserve. Aderholt Coble Graves used to talk about the Roman world. Akin Cohen Green, Al And there was this famous Roman sen- This Congress to must ensure that our in- Alexander Cole (OK) Green, Gene ator named Cato. And Cato would end jured soldiers, sailors, airmen and any other Allen Conaway Grijalva all his speeches, no matter on what veterans who have returned home with a dis- Altmire Conyers Gutierrez ability not only receive the basics in terms of Andrews Cooper Hall (NY) subject, which they might be about the Arcuri Costa Hall (TX) sewer system of Rome or they might be medical attention, but also receive proper re- Baca Costello Hare about gladiator games or war against habilitation so that suitable employment in the Bachmann Courtney Harman future can become a viable option. The act of Bachus Cramer Hastert the Parthians or whoever, but he would Baird Crenshaw Hastings (FL) always end his speech, no matter what a person once again living independently is Baker Crowley Hastings (WA) the thing was, and everybody would ex- the highest goal that this legislation can Baldwin Cubin Hayes pect it and he sort of became the achieve. Services that provide counseling, Barrett (SC) Cuellar Heller education, financial aid, and job assistance Barrow Culberson Hensarling laughingstock of the senate because Bartlett (MD) Cummings Herger they would know he would end all his are the best tools for our veterans to use in Barton (TX) Davis (AL) Herseth Sandlin speeches with ‘‘and we must destroy order to get back on their feet and live a life Bean Davis (CA) Higgins of independence and dignity. Let us not revisit Becerra Davis (IL) Hill Carthage.’’ And nobody paid any atten- Berkley Davis (KY) Hinchey tion to his speeches because they were the fatal mistakes made after Vietnam. To Berman Davis, David Hinojosa all waiting for that conclusion no mat- quote my good friend and colleague, DICK Berry Davis, Lincoln Hirono ter on what subject. DURBIN, ‘‘We owe our disabled veterans more Biggert Davis, Tom Hobson than speeches, parades and monuments.’’ Bilbray Deal (GA) Hodes So with that little history lesson, I Bilirakis DeFazio Hoekstra urge my colleagues to unanimously Let’s do our best to convey our appreciation Bishop (GA) Delahunt Holden support H.R. 2239. for their sacrifices. Bishop (NY) DeLauro Holt Mr. SPACE. Mr. Speaker, I rise again today Mr. FILNER. Mr. Speaker, I yield Bishop (UT) Dent Honda back the balance of my time. Blackburn Diaz-Balart, L. Hooley in support of H.R. 2239, the Early Access to Blumenauer Diaz-Balart, M. Hoyer Vocational Rehabilitation Benefits Act. The SPEAKER pro tempore. The Blunt Dicks Inglis (SC) Currently, vocational rehabilitation benefits question is on the motion offered by Boehner Dingell Inslee the gentleman from California (Mr. Bonner Doggett Israel provided by the VA are not available to vet- Bono Donnelly Issa FILNER) that the House suspend the erans until after they have been discharged Boozman Doolittle Jackson (IL) from military service. This bill extends eligibility rules and pass the bill, H.R. 2239, as Boren Doyle Jackson-Lee for vocational rehabilitation benefits to current amended. Boswell Drake (TX) Boucher Dreier Jefferson members of the armed forces who are hos- The question was taken. The SPEAKER pro tempore. In the Boustany Duncan Jindal pitalized or are undergoing out-patient medical Boyd (FL) Edwards Johnson (GA) opinion of the Chair, two-thirds being care, who have a disability of at least 10 per- Boyda (KS) Ehlers Johnson (IL) in the affirmative, the ayes have it. Brady (PA) Ellison Johnson, E. B. cent incurred or aggravated while on active Mr. FILNER. Mr. Speaker, on that I Brady (TX) Ellsworth Johnson, Sam duty, and who are likely to be discharged from demand the yeas and nays. Braley (IA) Emanuel Jones (NC) service due to that disability. The yeas and nays were ordered. Brown (SC) Emerson Jordan As a member of the Veterans’ Affairs Com- Brown, Corrine Eshoo Kagen The SPEAKER pro tempore. Pursu- Brown-Waite, Etheridge Kanjorski mittee, I am dedicated to providing our Na- ant to clause 8 of rule XX and the Ginny Everett Kaptur tion’s veterans with every service that they Chair’s prior announcement, further Buchanan Fallin Keller have earned and that they were promised. Ac- Burgess Farr Kennedy proceedings on this question will be Burton (IN) Fattah Kildee cess to vocational rehabilitation is part of what postponed. Butterfield Feeney Kilpatrick our Nation’s heroes are entitled to, and this bill f Buyer Ferguson Kind is a step in the right direction. Calvert Filner King (IA) By supporting this bill, we are ensuring that ANNOUNCEMENT BY THE SPEAKER Camp (MI) Flake King (NY) PRO TEMPORE Campbell (CA) Forbes Kingston wounded servicemembers can access Cannon Fortenberry Kirk rehabilitational benefits more quickly without The SPEAKER pro tempore. Pursu- Cantor Foxx Klein (FL) having to wait for their paperwork to catch up ant to clause 8 of rule XX, proceedings Capito Frank (MA) Kline (MN) to them. This bill will get our wounded vets Capps Franks (AZ) Knollenberg will resume on motions to suspend the Capuano Frelinghuysen Kucinich back on their feet and reintegrated into the rules previously postponed. Cardoza Gallegly Kuhl (NY) workforce sooner than is currently possible by Votes will be taken in the following Carnahan Garrett (NJ) LaHood providing them with vocational benefits while order: H.R. 67, H.R. 612, H.R. 1470, H.R. Carney Gerlach Lamborn Carson Giffords Lampson they are awaiting military discharge. Re- 2199, and H.R. 2239, in each case by the Carter Gilchrest Langevin integration into the workforce is a key part of yeas and nays. Castle Gillibrand Lantos easing stability back into the lives of our The first electronic vote will be con- Castor Gillmor Larsen (WA) servicemembers who have often spent months ducted as a 15-minute vote. Remaining Chabot Gingrey Larson (CT) Chandler Gohmert Latham in incredibly tense and mentally-exhausting electronic votes will be conducted as 5- Clarke Gonzalez LaTourette environments. Re-establishing a ‘‘normal’’ minute votes. Clay Goode Lee

VerDate Aug 31 2005 03:28 May 24, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.121 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5681 Levin Pallone Shuler The Clerk read the title of the bill. McCarthy (NY) Price (GA) Snyder Lewis (CA) Pascrell Shuster McCollum (MN) Price (NC) Solis Lewis (GA) Pastor Simpson The SPEAKER pro tempore. The McCotter Pryce (OH) Souder Lewis (KY) Paul Sires question is on the motion offered by McCrery Putnam Space Linder Payne Skelton the gentleman from California (Mr. McDermott Rahall Spratt Lipinski Pearce Slaughter FILNER) that the House suspend the McGovern Ramstad Stark LoBiondo Pence Smith (NE) McHenry Rangel rules and pass the bill, H.R. 612, as Stearns Loebsack Perlmutter Smith (NJ) McHugh Regula Stupak Lofgren, Zoe Peterson (MN) Smith (TX) amended. McIntyre Rehberg Sullivan Lowey Peterson (PA) Smith (WA) This will be a 5-minute vote. McKeon Reichert Sutton Lucas Petri Snyder McNerney Renzi Tancredo Lungren, Daniel Pickering Solis The vote was taken by electronic de- McNulty Reyes Tanner E. Pitts Souder vice, and there were—yeas 419, nays 0, Meehan Reynolds Tauscher Lynch Platts Space Meek (FL) Rodriguez not voting 13, as follows: Taylor Mack Poe Spratt Meeks (NY) Rogers (AL) Mahoney (FL) Pomeroy Stark [Roll No. 411] Melancon Rogers (KY) Terry Thompson (CA) Maloney (NY) Porter Stearns YEAS—419 Mica Rogers (MI) Manzullo Price (GA) Stupak Michaud Rohrabacher Thompson (MS) Marchant Price (NC) Sullivan Abercrombie Costa Heller Miller (FL) Ros-Lehtinen Thornberry Markey Pryce (OH) Sutton Ackerman Costello Hensarling Miller (MI) Roskam Tiahrt Marshall Putnam Tancredo Aderholt Courtney Herger Miller (NC) Ross Tiberi Matheson Radanovich Tanner Akin Cramer Herseth Sandlin Miller, Gary Rothman Tierney Matsui Rahall Tauscher Alexander Crenshaw Higgins Miller, George Roybal-Allard Towns McCarthy (CA) Ramstad Taylor Allen Crowley Hill Mitchell Royce Turner McCarthy (NY) Rangel Terry Altmire Cubin Hinchey Mollohan Ruppersberger Udall (CO) McCaul (TX) Regula Thompson (CA) Andrews Cuellar Hinojosa Moore (KS) Rush Udall (NM) McCollum (MN) Rehberg Thompson (MS) Arcuri Culberson Hirono Moore (WI) Ryan (OH) Upton McCotter Reichert Thornberry Baca Cummings Hobson Moran (KS) Ryan (WI) Van Hollen Bachmann Davis (AL) Hodes McCrery Renzi Tiahrt Moran (VA) Salazar Vela´ zquez Bachus Davis (CA) Hoekstra McDermott Reyes Tiberi Murphy (CT) Sali Visclosky Baird Davis (IL) Holden McGovern Reynolds Tierney Murphy, Patrick Sa´ nchez, Linda Walberg Baker Davis (KY) Holt McHenry Rodriguez Towns Murphy, Tim T. Walden (OR) Baldwin Davis, David Honda McHugh Rogers (AL) Turner Murtha Sanchez, Loretta Walsh (NY) McIntyre Rogers (KY) Udall (CO) Barrett (SC) Davis, Lincoln Hooley Musgrave Sarbanes Barrow Davis, Tom Hoyer Walz (MN) McKeon Rogers (MI) Udall (NM) Myrick Saxton Wamp McNerney Rohrabacher Upton Bartlett (MD) Deal (GA) Inglis (SC) Nadler Schakowsky Barton (TX) DeFazio Inslee Wasserman McNulty Ros-Lehtinen Van Hollen Napolitano Schiff Schultz ´ Bean Delahunt Israel Meehan Roskam Velazquez Neal (MA) Schmidt Waters Meek (FL) Ross Visclosky Becerra DeLauro Issa Neugebauer Schwartz Watson Meeks (NY) Rothman Walberg Berkley Dent Jackson (IL) Nunes Scott (GA) Watt Melancon Roybal-Allard Walden (OR) Berman Diaz-Balart, L. Jackson-Lee Obey Scott (VA) Waxman Mica Royce Walsh (NY) Berry Diaz-Balart, M. (TX) Olver Sensenbrenner Weiner Michaud Ruppersberger Walz (MN) Biggert Dicks Jefferson Ortiz Serrano Welch (VT) Miller (FL) Rush Wamp Bilbray Dingell Jindal Pallone Sessions Miller (MI) Ryan (OH) Wasserman Bilirakis Doggett Johnson (GA) Pascrell Sestak Weldon (FL) Miller (NC) Ryan (WI) Schultz Bishop (GA) Donnelly Johnson (IL) Pastor Shadegg Weller Miller, Gary Salazar Waters Bishop (NY) Doolittle Johnson, E. B. Paul Shays Westmoreland Miller, George Sali Watson Bishop (UT) Doyle Johnson, Sam Payne Shea-Porter Wexler Mitchell Sa´ nchez, Linda Watt Blackburn Drake Jones (NC) Pearce Sherman Whitfield Mollohan T. Waxman Blumenauer Dreier Jordan Pence Shimkus Wicker Moore (KS) Sanchez, Loretta Weiner Blunt Duncan Kagen Perlmutter Shuler Wilson (NM) Moore (WI) Sarbanes Welch (VT) Boehner Edwards Kanjorski Peterson (MN) Shuster Wilson (OH) Moran (KS) Saxton Weldon (FL) Bonner Ehlers Kaptur Peterson (PA) Simpson Wilson (SC) Moran (VA) Schakowsky Weller Bono Ellison Keller Petri Sires Wolf Murphy (CT) Schiff Westmoreland Boozman Ellsworth Kennedy Pickering Skelton Woolsey Murphy, Patrick Schmidt Wexler Boren Emanuel Kildee Pitts Slaughter Wu Murphy, Tim Schwartz Whitfield Boswell Emerson Kilpatrick Platts Smith (NE) Wynn Murtha Scott (GA) Wicker Boucher English (PA) Kind Poe Smith (NJ) Yarmuth Musgrave Scott (VA) Wilson (NM) Boustany Eshoo King (IA) Pomeroy Smith (TX) Young (AK) Myrick Sensenbrenner Wilson (OH) Boyd (FL) Etheridge King (NY) Porter Smith (WA) Young (FL) Nadler Serrano Wilson (SC) Boyda (KS) Everett Kingston Napolitano Sessions Wolf Brady (PA) Fallin Kirk NOT VOTING—13 Neal (MA) Sestak Woolsey Brady (TX) Farr Klein (FL) Davis, Jo Ann Hulshof McMorris Braley (IA) Fattah Kline (MN) Neugebauer Shadegg Wu DeGette Hunter Rodgers Brown (SC) Feeney Knollenberg Nunes Shays Wynn Engel Jones (OH) Oberstar Brown, Corrine Ferguson Kucinich Obey Shea-Porter Yarmuth Fossella Marshall Radanovich Olver Sherman Young (AK) Brown-Waite, Filner Kuhl (NY) Granger McCaul (TX) Ortiz Shimkus Young (FL) Ginny Flake LaHood Buchanan Forbes Lamborn 1830 NOT VOTING—11 Burgess Fortenberry Lampson b Davis, Jo Ann Fossella Jones (OH) Burton (IN) Foxx Langevin So (two-thirds being in the affirma- DeGette Granger McMorris Butterfield Frank (MA) Lantos tive) the rules were suspended and the Buyer Franks (AZ) Larsen (WA) Engel Hulshof Rodgers bill, as amended, was passed. English (PA) Hunter Oberstar Calvert Frelinghuysen Larson (CT) Camp (MI) Gallegly Latham The result of the vote was announced b 1822 Campbell (CA) Garrett (NJ) LaTourette as above recorded. Cannon Gerlach Lee Mr. STUPAK changed his vote from Cantor Giffords Levin A motion to reconsider was laid on ‘‘nay’’ to ‘‘yea.’’ Capito Gilchrest Lewis (CA) the table. So (two-thirds being in the affirma- Capps Gillibrand Lewis (GA) tive) the rules were suspended and the Capuano Gillmor Lewis (KY) f Cardoza Gingrey Linder bill, as amended, was passed. Carnahan Gohmert Lipinski CHIROPRACTIC CARE AVAILABLE The result of the vote was announced Carney Gonzalez LoBiondo TO ALL VETERANS ACT as above recorded. Carson Goode Loebsack A motion to reconsider was laid on Carter Goodlatte Lofgren, Zoe The SPEAKER pro tempore. The un- the table. Castle Gordon Lowey finished business is the vote on the mo- Castor Graves Lucas tion to suspend the rules and pass the f Chabot Green, Al Lungren, Daniel Chandler Green, Gene E. bill, H.R. 1470, on which the yeas and RETURNING SERVICEMEMBER VA Clarke Grijalva Lynch nays were ordered. HEALTHCARE INSURANCE ACT Clay Gutierrez Mack The Clerk read the title of the bill. OF 2007 Cleaver Hall (NY) Mahoney (FL) Clyburn Hall (TX) Maloney (NY) The SPEAKER pro tempore. The The SPEAKER pro tempore. The un- Coble Hare Manzullo question is on the motion offered by finished business is the vote on the mo- Cohen Harman Marchant the gentleman from California (Mr. tion to suspend the rules and pass the Cole (OK) Hastert Markey FILNER) that the House suspend the Conaway Hastings (FL) Matheson bill, H.R. 612, as amended, on which the Conyers Hastings (WA) Matsui rules and pass the bill, H.R. 1470. yeas and nays were ordered. Cooper Hayes McCarthy (CA) This will be a 5-minute vote.

VerDate Aug 31 2005 03:28 May 24, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A23MY7.047 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5682 CONGRESSIONAL RECORD — HOUSE May 23, 2007 The vote was taken by electronic de- Moran (VA) Rohrabacher Sullivan [Roll No. 413] Murphy (CT) Ros-Lehtinen Sutton vice, and there were—yeas 421, nays 1, Murphy, Patrick Roskam Tancredo YEAS—421 not voting 10, as follows: Murphy, Tim Ross Tanner Abercrombie Davis, Lincoln Johnson, Sam Murtha Rothman Tauscher Ackerman Davis, Tom Jones (NC) [Roll No. 412] Musgrave Roybal-Allard Taylor Aderholt Deal (GA) Jordan Myrick Royce Terry YEAS—421 Akin DeFazio Kagen Nadler Ruppersberger Thompson (CA) Alexander Delahunt Kanjorski Abercrombie Davis (AL) Issa Napolitano Rush Thompson (MS) Ackerman Davis (CA) Jackson (IL) Neal (MA) Ryan (OH) Thornberry Allen DeLauro Kaptur Aderholt Davis (IL) Jackson-Lee Neugebauer Ryan (WI) Tiahrt Altmire Dent Keller Akin Davis (KY) (TX) Nunes Salazar Tiberi Andrews Diaz-Balart, L. Kennedy Alexander Davis, David Jefferson Obey Sali Tierney Arcuri Diaz-Balart, M. Kildee Allen Davis, Lincoln Jindal Olver Sa´ nchez, Linda Towns Baca Dicks Kilpatrick Altmire Davis, Tom Johnson (GA) Ortiz T. Turner Bachmann Dingell Kind Andrews Deal (GA) Johnson (IL) Pallone Sanchez, Loretta Udall (CO) Bachus Doggett King (IA) Arcuri DeFazio Johnson, E. B. Pascrell Sarbanes Udall (NM) Baird Donnelly King (NY) Baca Delahunt Johnson, Sam Pastor Saxton Upton Baker Doolittle Kingston Bachmann DeLauro Jones (NC) Paul Schakowsky Van Hollen Baldwin Doyle Kirk Bachus Dent Jordan Payne Schiff Vela´ zquez Barrett (SC) Drake Klein (FL) Baird Diaz-Balart, L. Kagen Pearce Schmidt Visclosky Barrow Dreier Kline (MN) Baker Diaz-Balart, M. Kanjorski Pence Schwartz Walberg Bartlett (MD) Duncan Knollenberg Baldwin Dicks Kaptur Perlmutter Scott (GA) Walden (OR) Barton (TX) Edwards Kucinich Barrett (SC) Dingell Keller Peterson (MN) Scott (VA) Walsh (NY) Bean Ehlers Kuhl (NY) Barrow Doggett Kennedy Peterson (PA) Sensenbrenner Walz (MN) Becerra Ellison LaHood Bartlett (MD) Donnelly Kildee Petri Serrano Wamp Berkley Ellsworth Lamborn Barton (TX) Doolittle Kilpatrick Pickering Sessions Wasserman Berman Emanuel Lampson Bean Doyle Kind Pitts Sestak Schultz Berry Emerson Langevin Becerra Drake King (IA) Platts Shadegg Waters Biggert English (PA) Lantos Berkley Dreier King (NY) Poe Shays Watson Bilbray Eshoo Larsen (WA) Berman Duncan Kingston Pomeroy Shea-Porter Watt Bilirakis Etheridge Larson (CT) Berry Edwards Kirk Porter Sherman Waxman Bishop (GA) Everett Latham Biggert Ehlers Klein (FL) Price (GA) Shimkus Weiner Bishop (NY) Fallin LaTourette Bilbray Ellison Kline (MN) Price (NC) Shuler Welch (VT) Bishop (UT) Farr Lee Bilirakis Ellsworth Knollenberg Pryce (OH) Shuster Weldon (FL) Blackburn Fattah Levin Bishop (GA) Emanuel Kucinich Putnam Simpson Weller Blumenauer Feeney Lewis (CA) Bishop (NY) Emerson Kuhl (NY) Radanovich Sires Westmoreland Blunt Ferguson Lewis (GA) Bishop (UT) English (PA) LaHood Rahall Skelton Wexler Boehner Filner Lewis (KY) Blackburn Eshoo Lamborn Ramstad Slaughter Whitfield Bonner Flake Linder Blumenauer Etheridge Lampson Rangel Smith (NE) Wicker Bono Forbes Lipinski Blunt Everett Langevin Regula Smith (NJ) Wilson (NM) Boozman Fortenberry LoBiondo Boehner Fallin Lantos Rehberg Smith (TX) Wilson (OH) Boren Foxx Loebsack Bonner Farr Larsen (WA) Reichert Smith (WA) Wilson (SC) Boswell Frank (MA) Lofgren, Zoe Bono Fattah Larson (CT) Renzi Snyder Wolf Boucher Franks (AZ) Lowey Boozman Feeney Latham Reyes Solis Woolsey Boustany Frelinghuysen Lucas Boren Ferguson LaTourette Reynolds Souder Wu Boyd (FL) Gallegly Lungren, Daniel Boswell Filner Lee Rodriguez Space Wynn Boyda (KS) Garrett (NJ) E. Boucher Flake Levin Rogers (AL) Spratt Yarmuth Brady (PA) Gerlach Lynch Boustany Forbes Lewis (CA) Rogers (KY) Stearns Young (AK) Brady (TX) Giffords Mack Boyd (FL) Fortenberry Lewis (GA) Rogers (MI) Stupak Young (FL) Braley (IA) Gilchrest Mahoney (FL) Boyda (KS) Foxx Lewis (KY) Brown (SC) Gillibrand Maloney (NY) Brady (PA) Frank (MA) Linder NAYS—1 Brown, Corrine Gillmor Manzullo Brady (TX) Franks (AZ) Lipinski Stark Brown-Waite, Gingrey Marchant Braley (IA) Frelinghuysen LoBiondo Ginny Gohmert Markey Brown (SC) Gallegly Loebsack NOT VOTING—10 Buchanan Gonzalez Marshall Brown, Corrine Garrett (NJ) Lofgren, Zoe Burgess Goode Matheson Davis, Jo Ann Granger McMorris Brown-Waite, Gerlach Lowey Burton (IN) Goodlatte Matsui DeGette Hulshof Ginny Giffords Lucas Rodgers Butterfield Gordon McCarthy (CA) Engel Hunter Buchanan Gilchrest Lungren, Daniel Oberstar Buyer Graves McCarthy (NY) Fossella Jones (OH) Burgess Gillibrand E. Calvert Green, Al McCaul (TX) Burton (IN) Gillmor Lynch Camp (MI) Green, Gene McCollum (MN) Butterfield Gingrey Mack b 1838 Campbell (CA) Grijalva McCotter Buyer Gohmert Mahoney (FL) So (two-thirds being in the affirma- Cantor Gutierrez McCrery Calvert Gonzalez Maloney (NY) Capito Hall (NY) McDermott Camp (MI) Goode Manzullo tive) the rules were suspended and the Capps Hall (TX) McGovern Campbell (CA) Goodlatte Marchant bill was passed. Capuano Hare McHenry Cannon Gordon Markey The result of the vote was announced Cardoza Harman McHugh Cantor Graves Marshall Carnahan Hastert McIntyre Capito Green, Al Matheson as above recorded. Carney Hastings (FL) McKeon Capps Green, Gene Matsui A motion to reconsider was laid on Carson Hastings (WA) McNerney Capuano Grijalva McCarthy (CA) the table. Carter Hayes McNulty Cardoza Gutierrez McCarthy (NY) Castle Heller Meehan Carnahan Hall (NY) McCaul (TX) f Castor Hensarling Meek (FL) Carney Hall (TX) McCollum (MN) Chabot Herger Meeks (NY) Carson Hare McCotter TRAUMATIC BRAIN INJURY Chandler Herseth Sandlin Melancon Carter Harman McCrery HEALTH ENHANCEMENT AND Clarke Higgins Mica Castle Hastert McDermott Clay Hill Michaud Castor Hastings (FL) McGovern LONG-TERM SUPPORT ACT OF Cleaver Hinchey Miller (FL) Chabot Hastings (WA) McHenry 2007 Clyburn Hinojosa Miller (MI) Chandler Hayes McHugh Coble Hirono Miller (NC) Clarke Heller McIntyre The SPEAKER pro tempore. The un- Cohen Hobson Miller, Gary Clay Hensarling McKeon finished business is the vote on the mo- Cole (OK) Hodes Miller, George Cleaver Herger McNerney tion to suspend the rules and pass the Conaway Hoekstra Mitchell Clyburn Herseth Sandlin McNulty Conyers Holden Mollohan Coble Higgins Meehan bill, H.R. 2199, as amended, on which Cooper Holt Moore (KS) Cohen Hill Meek (FL) the yeas and nays were ordered. Costa Honda Moore (WI) Cole (OK) Hinchey Meeks (NY) The Clerk read the title of the bill. Costello Hooley Moran (KS) Conaway Hinojosa Melancon The SPEAKER pro tempore. The Courtney Hoyer Moran (VA) Conyers Hirono Mica Cramer Inglis (SC) Murphy (CT) Cooper Hobson Michaud question is on the motion offered by Crenshaw Inslee Murphy, Patrick Costa Hodes Miller (FL) the gentleman from California (Mr. Crowley Israel Murphy, Tim Costello Hoekstra Miller (MI) FILNER) that the House suspend the Cubin Issa Murtha Courtney Holden Miller (NC) Cuellar Jackson (IL) Musgrave Cramer Holt Miller, Gary rules and pass the bill, H.R. 2199, as Culberson Jackson-Lee Myrick Crenshaw Honda Miller, George amended. Cummings (TX) Nadler Crowley Hooley Mitchell This will be a 5-minute vote. Davis (AL) Jefferson Napolitano Cubin Hoyer Mollohan The vote was taken by electronic de- Davis (CA) Jindal Neal (MA) Cuellar Inglis (SC) Moore (KS) Davis (IL) Johnson (GA) Neugebauer Culberson Inslee Moore (WI) vice, and there were—yeas 421, nays 0, Davis (KY) Johnson (IL) Nunes Cummings Israel Moran (KS) not voting 11, as follows: Davis, David Johnson, E. B. Obey

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.126 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5683 Olver Ryan (OH) Tauscher [Roll No. 414] Pastor Sali Thompson (CA) Ortiz Ryan (WI) Taylor Paul Sa´ nchez, Linda Thompson (MS) Pallone Salazar Terry YEAS—414 Payne T. Thornberry Pascrell Sali Thompson (CA) Pearce Sarbanes Abercrombie Davis, Tom Jordan Tiahrt Pastor Sa´ nchez, Linda Thompson (MS) Pence Saxton Ackerman Deal (GA) Kagen Tiberi Paul T. Thornberry Perlmutter Schakowsky Aderholt DeFazio Kanjorski Tierney Payne Sanchez, Loretta Tiahrt Peterson (MN) Schiff Akin Delahunt Kaptur Towns Pearce Sarbanes Tiberi Peterson (PA) Schmidt Alexander DeLauro Keller Turner Pence Saxton Tierney Petri Schwartz Udall (CO) Perlmutter Schakowsky Towns Allen Dent Kennedy Pitts Scott (GA) Altmire Diaz-Balart, L. Kildee Udall (NM) Peterson (MN) Schiff Turner Platts Scott (VA) Upton Peterson (PA) Schmidt Udall (CO) Andrews Diaz-Balart, M. Kilpatrick Poe Sensenbrenner Arcuri Dicks Kind Van Hollen Petri Schwartz Udall (NM) Pomeroy Serrano Vela´ zquez Pickering Scott (GA) Upton Baca Dingell King (IA) Porter Sessions Bachmann Doggett King (NY) Visclosky Pitts Scott (VA) Van Hollen Price (GA) Sestak Walberg Platts Sensenbrenner Vela´ zquez Bachus Donnelly Kingston Price (NC) Shadegg Walden (OR) Poe Serrano Visclosky Baird Doolittle Kirk Pryce (OH) Shays Walsh (NY) Pomeroy Sessions Walberg Baker Doyle Klein (FL) Putnam Shea-Porter Walz (MN) Porter Sestak Walden (OR) Baldwin Drake Kline (MN) Radanovich Sherman Wamp Price (GA) Shadegg Walsh (NY) Barrett (SC) Dreier Knollenberg Rahall Shimkus Wasserman Price (NC) Shays Walz (MN) Barrow Duncan Kucinich Ramstad Shuler Schultz Pryce (OH) Shea-Porter Wamp Bartlett (MD) Edwards Kuhl (NY) Rangel Shuster Putnam Sherman Wasserman Barton (TX) Ehlers LaHood Regula Simpson Waters Radanovich Shimkus Schultz Bean Ellison Lamborn Rehberg Sires Watson Rahall Shuler Waters Becerra Ellsworth Lampson Reichert Skelton Watt Ramstad Shuster Watson Berkley Emanuel Langevin Renzi Slaughter Waxman Rangel Simpson Watt Berman Emerson Lantos Reyes Smith (NE) Weiner Regula Sires Waxman Berry English (PA) Larsen (WA) Reynolds Smith (NJ) Welch (VT) Rehberg Skelton Weiner Biggert Eshoo Larson (CT) Rodriguez Smith (TX) Weldon (FL) Reichert Slaughter Welch (VT) Bilbray Etheridge Latham Rogers (AL) Smith (WA) Weller Renzi Smith (NE) Weldon (FL) Bishop (GA) Everett LaTourette Rogers (KY) Snyder Westmoreland Reyes Smith (NJ) Weller Bishop (NY) Fallin Lee Rogers (MI) Solis Wexler Reynolds Smith (TX) Westmoreland Bishop (UT) Farr Levin Rohrabacher Souder Whitfield Rodriguez Smith (WA) Wexler Blackburn Fattah Lewis (CA) Ros-Lehtinen Space Wicker Rogers (AL) Snyder Whitfield Blumenauer Feeney Lewis (GA) Roskam Spratt Wilson (NM) Rogers (KY) Solis Wicker Blunt Ferguson Lewis (KY) Ross Stark Wilson (OH) Rogers (MI) Souder Wilson (NM) Boehner Filner Linder Rothman Stearns Wilson (SC) Rohrabacher Space Wilson (OH) Bonner Flake Lipinski Roybal-Allard Stupak Wolf Ros-Lehtinen Spratt Wilson (SC) Bono Forbes LoBiondo Royce Sutton Woolsey Roskam Stark Wolf Boozman Fortenberry Loebsack Ruppersberger Tancredo Wu Ross Stearns Woolsey Boren Foxx Lofgren, Zoe Rush Tanner Wynn Rothman Stupak Wu Boswell Frank (MA) Lowey Ryan (OH) Tauscher Yarmuth Roybal-Allard Sullivan Wynn Boustany Franks (AZ) Lucas Ryan (WI) Taylor Young (AK) Royce Sutton Yarmuth Boyd (FL) Frelinghuysen Lungren, Daniel Salazar Terry Young (FL) Ruppersberger Tancredo Young (AK) Boyda (KS) Gallegly E. Rush Tanner Young (FL) Brady (PA) Garrett (NJ) Lynch NOT VOTING—18 Brady (TX) Gerlach Mack Bilirakis Granger Murtha Braley (IA) Giffords Mahoney (FL) NOT VOTING—11 Boucher Hulshof Oberstar Brown (SC) Gilchrest Maloney (NY) Cannon Fossella Jones (OH) Davis, Jo Ann Hunter Pickering Brown, Corrine Gillibrand Manzullo Davis, Jo Ann Granger McMorris DeGette Jones (OH) Brown-Waite, Gillmor Marchant Sanchez, Loretta DeGette Hulshof Rodgers Engel McMorris Ginny Gingrey Markey Sullivan Engel Hunter Oberstar Fossella Rodgers Buchanan Gonzalez Marshall Gohmert Meek (FL) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Burgess Goode Matheson Burton (IN) Goodlatte Matsui b 1851 The SPEAKER pro tempore (during Butterfield Gordon McCarthy (CA) the vote). Members are advised 2 min- Buyer Graves McCarthy (NY) So (two-thirds being in the affirma- utes remain in this vote. Calvert Green, Al McCaul (TX) tive) the rules were suspended and the Camp (MI) Green, Gene McCollum (MN) Campbell (CA) Grijalva McCotter bill, as amended, was passed. b 1844 Cannon Gutierrez McCrery The result of the vote was announced Cantor Hall (NY) McDermott as above recorded. So (two-thirds being in the affirma- Capito Hall (TX) McGovern A motion to reconsider was laid on tive) the rules were suspended and the Capps Hare McHenry the table. bill, as amended, was passed. Capuano Harman McHugh Cardoza Hastert McIntyre f The result of the vote was announced Carnahan Hastings (FL) McKeon as above recorded. Carney Hastings (WA) McNerney REMOVAL OF NAME OF MEMBER A motion to reconsider was laid on Carson Hayes McNulty Carter Heller Meehan AS COSPONSOR OF H.R. 1649 the table. Castle Hensarling Meeks (NY) Ms. HERSETH SANDLIN. Mr. Speak- Castor Herger Melancon er, I ask unanimous consent to remove f Chabot Herseth Sandlin Mica Chandler Higgins Michaud the name of Congressman JAMES Clarke Hill Miller (FL) MORAN of Virginia as a cosponsor to EARLY ACCESS TO VOCATIONAL Clay Hinchey Miller (MI) Cleaver Hinojosa Miller (NC) H.R. 1649, who was added inadvertently REHABILITATION AND EMPLOY- Clyburn Hirono Miller, Gary as a cosponsor to that bill. MENT BENEFITS ACT Coble Hobson Miller, George The SPEAKER pro tempore (Mr. Cohen Hodes Mitchell HALL of New York). Is there objection The SPEAKER pro tempore. The un- Cole (OK) Hoekstra Mollohan finished business is the vote on the mo- Conaway Holden Moore (KS) to the request of the gentlewoman tion to suspend the rules and pass the Conyers Holt Moore (WI) from South Dakota? bill, H.R. 2239, as amended, on which Cooper Honda Moran (KS) There was no objection. Costa Hooley Moran (VA) the yeas and nays were ordered. Costello Hoyer Murphy (CT) f The Clerk read the title of the bill. Courtney Inglis (SC) Murphy, Patrick The SPEAKER pro tempore. The Cramer Inslee Murphy, Tim HONORING JACK BORMAN Crenshaw Israel Musgrave question is on the motion offered by Crowley Issa Myrick (Mr. DAVIS of Kentucky asked and the gentleman from California (Mr. Cubin Jackson (IL) Nadler was given permission to address the FILNER) that the House suspend the Cuellar Jackson-Lee Napolitano House for 1 minute and to revise and rules and pass the bill, H.R. 2239, as Culberson (TX) Neal (MA) Cummings Jefferson Neugebauer extend his remarks.) amended. Davis (AL) Jindal Nunes Mr. DAVIS of Kentucky. Mr. Speak- This will be a 5-minute vote. Davis (CA) Johnson (GA) Obey er, I rise today to honor the achieve- The vote was taken by electronic de- Davis (IL) Johnson (IL) Olver ments of Jack Borman. In a few days, Davis (KY) Johnson, E. B. Ortiz vice, and there were—yeas 414, nays 0, Davis, David Johnson, Sam Pallone Jack will be retiring from the Kenton not voting 18, as follows: Davis, Lincoln Jones (NC) Pascrell County Sheriff’s Department, and I

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A23MY7.048 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5684 CONGRESSIONAL RECORD — HOUSE May 23, 2007 think this is the ideal time to honor ment of the Army authorized the cre- siasm that has resulted in unprece- his dedication and lifetime of service ation of the Army Combat Action dented growth for the organization. to our Nation. Badge. This important badge provides Under Terry’s leadership, the Boys As a young man from Silver Grove, recognition to our soldiers who person- and Girl Club of Greater La Crosse has Kentucky, Jack joined the military ally engaged the enemy in combat. flourished, growing from a small orga- and was deployed to fight in the Ko- However, the Army’s current policy nization into one of the premier clubs rean War. He bravely fought in mis- limits eligibility to those who meet its throughout the country. The organiza- sions at Triangle Hill, in Operation criteria after September 18, 2001. tion has expanded to six different loca- Smack and in the now infamous battle As such, the Combat Action Badge tions, including a partnership with at Pork Chop Hill. For his bravery and overlooks thousands of veterans who Viterbo University. Recently, Terry’s valor at the Battle of Pork Chop Hill, made similar sacrifices in previous university president, Bill Medlandis, one of the most deadly battles of the wars. I’ve heard from many veterans and the Mathy family’s dedication to Korean War, he was awarded the Silver who feel slighted by the Army’s failure this partnership resulted in the Amie Star and a Purple Heart. to recognize their own heroism. L. Mathy Center, a club located on the Several years ago, MGM Studios re- In response, I’ve reintroduced my leg- campus of Viterbo University that en- leased a film about this battle, and islation, H.R. 2267, to expand eligibility riches academic support for children. Jack added movie star to his long list for this award to those soldiers who The number of lives Terry has posi- of lifetime accomplishments. From served during the dates ranging from tively affected throughout the years is fighting in Korea to serving Kenton December 7, 1941, to September 18, 2001. impossible to quantify. I know my two County, he has selflessly served and This expansion would be a fitting trib- boys have greatly benefited from their protected us. Jack, we thank you for ute to countless individuals who made experiences with the club and from your service and wish you much suc- sacrifices for our country. Terry’s selfless example. Because of Terry’s guidance, the Boys and Girls cess in your retirement. f Jack is a busy grandfather to 19 Club of Greater La Crosse has created a grandchildren. I’m sure his life will SPECIAL ORDERS haven for youth and a sense of commu- continue to be a great adventure. For nity in the area. The SPEAKER pro tempore. Under Terry simply brings out the best in all that, thank you for your service. the Speaker’s announced policy of Jan- people, whether they are young chil- f uary 18, 2007, and under a previous dren and students who benefited from PLEASE OPPOSE THE IRAQ WAR order of the House, the following Mem- the club’s many activities, or the SUPPLEMENTAL bers will be recognized for 5 minutes countless adults who have volunteered each. (Mr. KUCINICH asked and was given their time to make the La Crosse club permission to address the House for 1 f one of the premier models in our coun- minute and to revise and extend his re- b 1900 try. It has been said that great teachers marks.) RECOGNIZING THE WORK OF enjoy a special immortality because Mr. KUCINICH. Mr. Speaker, the Iraq TERRY ERICKSON their influence never stops radiating. I War supplemental on the floor tomor- just hope that upon his retirement, row will in no way pressure the Presi- The SPEAKER pro tempore. Under a Terry appreciates the wonderful teach- dent to end the war in Iraq, despite the previous order of the House, the gen- ing that he has done and the countless fact that voters gave our majority last tleman from Wisconsin (Mr. KIND) is recognized for 5 minutes. lives that he has influenced. November the responsibility to do that, I am proud to count myself as one of end the war. Mr. KIND. Mr. Speaker, I rise today to pay tribute to Terry Erickson, a Terry’s products, and I am even The benchmarks in the war supple- prouder to call him my friend. Al- mental force the Iraqis to privatize, or man who has dedicated his life’s work to helping children. Terry has tire- though Terry’s service and commit- turn over to multinational oil inter- ment to the children of the La Crosse lessly served western Wisconsin youth ests, their oil industry by demanding area will be deeply missed upon his re- for over 40 years, mainly as the execu- passage of the Iraqi Hydrocarbon Act. I tirement, the solid foundation he has tive director of the Boys and Girls Club spoke on the House floor today for an laid for the club will empower children of Greater La Crosse, a place I proudly hour documenting the evidence. for decades to come. But if the Iraqis refuse to turn over called my second home while growing I also want to congratulate my child- the oil resources, the terms of the bill up on the north side of La Crosse. hood friend and classmate Kevin John- are blackmail. The war supplemental For over 100 years, the Boys and Girls ston, who was chosen to take over for demands passage of the Iraqi bill by Club of America has been fostering an Terry at the club. I couldn’t imagine a blocking over $1 billion in reconstruc- environment of hope and opportunity better selection, given Kevin’s history tion funds if the Iraqis refuse to com- for all children. In addition to pro- with the club, his passion for youth of ply. moting character development and our community and his close relation- We need to send a message to the educational progress, the club creates a ship with Terry throughout the years. I voters that we do not support safe environment so kids can simply know Kevin will excel in his new posi- privatizing Iraqi oil by force, nor do we play and enjoy themselves. In fact, tion. support the continued funding of this some of my fondest childhood memo- I commend Terry for his unyielding war. ries are a result of my participation in service and dedication to the commu- It is not credible to maintain that the La Crosse club. nity. As in any lengthy undertaking, one opposes the war and yet continues At a time when many temptations Terry’s service to our children required to fund it. Continuing to fund the war existed in our neighborhoods for chil- tremendous personal time and sacrifice is not a plan. It would represent the dren and when there were plenty of op- by himself and his entire family. continuation of a disaster. A better ap- portunities for us to get into trouble, I That’s why, on behalf of all the chil- proach is the 12-point plan established found the club to be a safe haven for dren in the La Crosse area, I would like in H.R. 1234. me and many other students for play- to thank Terry, Sue and their entire f ing sports or just hanging out with our family for the impact that they have friends. had in the La Crosse community. I EXPAND ELIGIBILITY FOR THE Since the creation of the Boys and wish Terry and Sue all the best as they ARMY’S COMBAT ACTION BADGE Girls Club of Greater La Crosse in 1966, close this chapter in their lives and (Ms. GINNY BROWN-WAITE of Flor- Terry has been a champion for youth begin a new one. But knowing Terry, I ida asked and was given permission to programming and a father-like figure am sure the best interests of our youth address the House for 1 minute and to for many of us. Terry’s devotion to the will be close at hand. revise and extend her remarks.) club’s goal of inspiring all young peo- Congratulations, Terry. Thank you Ms. GINNY BROWN-WAITE of Flor- ple to realize their full potential is for a job well done. We all wish you ida. Mr. Speaker, in 2005, the Depart- unrivaled. It is this passion and enthu- Godspeed.

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.132 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5685 The SPEAKER pro tempore (Mr. that they haven’t forgotten their goal Under Mossadegh, the Iranian Gov- HALL of New York). Under a previous of an al Qaeda attack on Washington, ernment decided to reclaim Iran’s order of the House, the gentleman from D.C.,’’ this city. rightful ownership to its national oil North Carolina (Mr. JONES) is recog- I don’t tout television shows very treasure, which had been exclusively nized for 5 minutes. often, but occasionally I urge my col- controlled by the British, who were (Mr. JONES of North Carolina ad- leagues to watch something that I taking 85 percent of the profits. Oh, by dressed the House. His remarks will ap- think is important. I just say to my the way, the United Kingdom also kept pear hereafter in the Extensions of Re- colleague, I understand that tonight on the books secret, merely telling Iran marks.) the O’Reilly show on Fox Network, he what its 15 percent take was. f is going to talk about a poll that was As soon as Mossadegh began to re- taken among Muslims in the United claim Iran’s oil, it was all over. Oper- NEW AL QAEDA TAPES FEATURE States. There are approximately 6 mil- ation Ajax was set into motion. The U.S. CAPITOL UNDER ‘‘ATTACK’’ lion Muslims in the United States, and U.S. Embassy in Tehran provoked The SPEAKER pro tempore. Under a I believe that 99 percent of them or 95 phony and internal Iranian dissent, previous order of the House, the gen- percent of them are very patriotic while the Brits engineered an Iranian tleman from Indiana (Mr. BURTON) is Americans. But in this poll they found financial crisis by orchestrating a glob- recognized for 5 minutes. that the Muslims between the ages of al boycott of Iranian oil. We brought Mr. BURTON of Indiana. Mr. Speak- 18 and 29, approximately around 20 per- down the Iranian Government and in- er, President Bush today gave a speech, cent of them, are sympathetic to the stalled the Shah. For two decades we and he talked about the terrorist terrorists who kill themselves, blow propped him up against the will of the threat, and he talked about the at- themselves up in an attack on Amer- Iranian people. It was all about con- tempts on the United States that have ican targets. This is a very disturbing trolling Iran. It still is. taken place since 9/11. He talked a lit- poll that was taken. Today ABC News is reporting exclu- tle bit about the attempted attack last This is a very trying time for Ameri- sively that this President has author- week at Fort Dix. cans and for this country. I urge all of ized a new covert CIA plot to bring Yet I don’t believe any of the media my colleagues to remember what the down the Iranian Government. I ask to is paying any attention to that. It President said after 9/11. Remember, submit for the RECORD the report pro- seems like every time the President this is a world war against terrorism. duced by the chief investigative re- talks about the threat, it just never Remember what I just read here that porter Brian Ross and Richard Esposito makes the television networks. was on the Internet, that their ulti- of ABC News. This is the lead sentence That is very troubling to me, because mate goal is to attack Washington, in their story: ‘‘The CIA has received after 9/11, the President said we are in D.C., and remember that there is a secret Presidential approval to mount a world war against terrorism, and it growing number of young men in a covert ‘black’ operation to desta- may go on for a long, long time. It may America, Muslims, who are very sym- bilize the Iranian Government, current go on for more than my tenure in of- pathetic to the terrorists who blow and former officials in the Intelligence fice. It may go on for decades. themselves up. Community tell the Blotter on When you are fighting a war of ter- We need to make sure that the Amer- ABCNews.com.’’ rorism like that, you have to be reso- ican people understand the gravity of [From ABC News, May 22, 2007] lute of purpose. There’s no question this situation. To back down to the BUSH AUTHORIZES NEW COVERT ACTION that the war that’s going on in Iraq terrorists now would be a big mistake. AGAINST IRAN and Afghanistan has been very trying It’s very important that we stay our (By Brian Ross and Richard Esposito) on the American people, but this is a ground in Iraq and throughout the The CIA has received secret presidential war against terrorism, and we must be world and send a message to the terror- approval to mount a covert ‘‘black’’ oper- resolute of purpose. ists that we will not surrender and we ation to destabilize the Iranian government, This week on the Internet, al Qaeda will not be defeated. current and former officials in the intel- had put out a new message to possible ligence community tell the Blotter on recruits for them around the world. I f ABCNews.com. would like to read to you what was on The SPEAKER pro tempore. Under a The sources, who spoke on the condition of the Internet. previous order of the House, the gen- anonymity because of the sensitive nature of It says, al Qaeda has a new opening tleman from Utah (Mr. MATHESON) is the subject, say President Bush has signed a ‘‘nonlethal presidential finding’’ that puts graphic for its propaganda tapes, the recognized for 5 minutes. (Mr. MATHESON addressed the into motion a CIA plan that reportedly in- U.S. Capitol, that’s this place right cludes a coordinated campaign of propa- here, under attack. His quote, ‘‘The Is- House. His remarks will appear here- ganda, disinformation and manipulation of lamic State of Iraq . . . March Towards after in the Extensions of Remarks.) Iran’s currency and international financial Washington,’’ reads the headline in f transactions. English superimposed over a digitally ‘‘I can’t confirm or deny whether such a created scene of the U.S. Capitol under BUSH AUTHORIZES COVERT program exists or whether the president attack in the introductory sequence of ACTION AGAINST IRAN signed it, but it would be consistent with an The SPEAKER pro tempore. Under a overall American approach trying to find one tape released on the Internet this ways to put pressure on the regime,’’ said week. previous order of the House, the gen- Bruce Riedel, a recently retired CIA senior Another from al Qaeda’s ‘‘as Sahab’’ tleman from Washington (Mr. official who dealt with Iran and other coun- production arm announces, ‘‘Holocaust MCDERMOTT) is recognized for 5 min- tries in the region. of the Americans in the land of utes. A National Security Council spokesperson, Khorasan,’’ and shows an image of the Mr. MCDERMOTT. Mr. Speaker, the Gordon Johndroe, said, ‘‘The White House U.S. Capitol. They introduce a short President and the Vice President have does not comment on intelligence matters.’’ clip of al Qaeda fighters. vowed to repeat the mistakes of his- A CIA spokesperson said, ‘‘As a matter of course, we do not comment on allegations of ‘‘This is a disturbing trend,’’ says tory, and they have put into motion a covert activity.’’ Laura Mansfield, an Arabic expert who plan to do just that in Iran, even as the The sources say the CIA developed the cov- monitors jihadi videos on the Internet. House is about to send the President a ert plan over the last year and received ap- ‘‘Recall that in January of 2006, Osama box of blank checks for Iraq against proval from White House officials and other bin Laden said that plans for attacks the will of the American people. officials in the intelligence community. in the U.S. were in progress,’’ Mans- History is worth noting. In 1953, the Officials say the covert plan is designed to field told the Blotter on ABCNews.com. United States and the United Kingdom pressure Iran to stop its nuclear enrichment ‘‘It may be that this new imagery is de- launched Operation Ajax, a covert CIA program and end aid to insurgents in Iraq. ‘‘There are some channels where the signed to motivate terrorist activity in operation to destabilize and remove the United States government may want to do the U.S., but it is certainly intended as democratically elected Government of things without its hand showing, and legally, a recruiting tool and perhaps intended Iran, including Prime Minister therefore, the administration would, if it’s to reassure al Qaeda’s jihadi followers Mossadegh. Why? Oil. doing that, need an intelligence finding and

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.135 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5686 CONGRESSIONAL RECORD — HOUSE May 23, 2007 would need to tell the Congress,’’ said ABC national security advisor for global democ- total control of the spigot and the prof- News consultant Richard Clarke, a former racy strategy, one of the nation’s most sen- its. It’s time to unmask the latest White House counterterrorism official. ior national security positions. doomed plot to overthrow Iran, and it Current and former intelligence officials As earlier reported on the Blotter on is past time to get our soldiers out of say the approval of the covert action means ABCNews.com, the United States has sup- the Bush administration, for the time being, ported and encouraged an Iranian militant Iraq. has decided not to pursue a military option group, Jundullah, that has conducted deadly Nothing less than protecting our against Iran. raids inside Iran from bases on the rugged troops is acceptable. Vice President Cheney helped to lead the Iran-Pakistan-Afghanistan ‘‘tri-border re- f side favoring a military strike,’’ said former gion.’’ CIA official Riedel, ‘‘but I think they have U.S. officials deny any ‘‘direct funding’’ of NIGHT LIFE IN SALT LAKE CITY come to the conclusion that a military Jundullah groups but say the leader of The SPEAKER pro tempore. Under a strike has more downsides than upsides.’’ Jundullah was in regular contact with U.S. previous order of the House, the gen- The covert action plan comes as U.S. offi- officials. cials have confirmed Iran had dramatically tleman from Utah (Mr. BISHOP) is rec- American intelligence sources say ognized for 5 minutes. increased its ability to produce nuclear Jundullah has received money and weapons weapons material, at a pace that experts said through the Afghanistan and Pakistan mili- Mr. BISHOP of Utah. Mr. Speaker, would give them the ability to build a nu- tary and Pakistan’s intelligence service. almost a fortnight ago, one of our col- clear bomb in two years. Pakistan has officially denied any connec- leagues, the gentleman from Massachu- Riedel says economic pressure on Iran may tion. setts, was waxing eloquent about con- be the most effective tool available to the A report broadcast on Iranian TV last Sun- gressional experts, which he considered CIA, particularly in going after secret ac- day said Iranian authorities had captured 10 to be an oxymoron, as he said, similar counts used to fund the nuclear program. men crossing the border with $500,000 in cash ‘‘The kind of dealings that the Iranian to jumbo shrimp or Salt Lake City along with ‘‘maps of sensitive areas’’ and night life. Revolution Guards are going to do, in terms ‘‘modem spy equipment.’’ A senior Pakistani of purchasing nuclear and missile compo- official told ABCNews.com the 10 men were I have the opportunity of rep- nents, are likely to be extremely secret, and members of Jundullah. resenting the central and western side you’re going to have to work very, very hard The leader of the Jundullah group, accord- of Salt Lake City, along with my col- to find them, and that’s exactly the kind of ing to the Pakistani official, has been re- league, who hopefully will be here thing the CIA’s nonproliferation center and cruiting and training ‘‘hundreds of men’’ for later, who lives in and represents the others would be expert at trying to look ‘‘unspecified missions’’ across the border in east side of Salt Lake City, Mr. MATHE- into,’’ Riedel said. Iran. Under the law, the CIA needs an official SON. Now, it’s true I don’t live in Salt presidential finding to carry out such covert We are back in 1953, and it worked so Lake City. I live in a much quieter actions. The CIA is permitted to mount cov- well then. Of course, the Vice President area 60 miles north of a town appro- ert ‘‘collection’’ operations without a presi- wanted to invade Iran, so we can be priately called Brigham City. But in dential finding. sure he will spin new tales of fear in my younger, wilder college days, I did ‘‘Presidential findings’’ are kept secret but coming days to keep his preferred op- live in areas that I now represent in reported to the Senate Select Committee on tion, invasion, by land or by air, very Central City and Capitol Hill in Salt Intelligence, the House Permanent Select much alive. The President knows only Committee on Intelligence and other key Lake, an area similar to this except congressional leaders. one way: My way or the highway. His about 4,000 feet closer to the heavens. The ‘‘nonlethal’’ aspect of the presidential Vice President knows only one way: In- I want you to know in the night life, finding means CIA officers may not use dead- vade and seize control of what you every evening when you went out, on ly force in carrying out the secret operations want. And he wants the oil treasure of almost every corner you could find an against Iran. Iraq and Iran to become wholly owned ice cream parlor. If I ever wanted to Still, some fear that even a nonlethal cov- subsidiaries of the Western oil compa- forget my worries and drown my sor- ert CIA program carries great risks. ‘‘I think nies he favors. everybody in the region knows that there is rows, I could easily have a second glass a proxy war already afoot with the United With Iraq in civil war, the President of warm milk. There are some nights States supporting anti-Iranian elements in has authorized a secret plan to repeat we put our pajamas on before 8:00, the the region as well as opposition groups with- the doomed mistakes of history in one without the feet. Even now we will in Iran,’’ said Vali Nasr, adjunct senior fel- Iran. How many billion dollars of re- occasionally stay up long enough to low for Mideast studies at the Council on construction money from Iraq will be watch Letterman go through his top 10. Foreign Relations. ‘‘And this covert action is siphoned off to deconstruct Iran? Our night life, and he says there is no now being escalated by the new U.S. direc- The American people are virtually night life, when we wanted to go out at tive, and that can very quickly lead to Ira- shouting at us to pay attention and get nian retaliation and a cycle of escalation can night, we would take off the working follow,’’ Nasr said. Other ‘‘lethal’’ findings our soldiers out of Iraq now. Vast sums Wranglers, put on the clean Wranglers have authorized CIA covert actions against of U.S. money are flowing into Iraq, and go down to 7–Eleven and find the al Qaeda, terrorism and nuclear prolifera- and billions of U.S. dollars are missing. new Slurpee flavors of the month. tion. The Special Investigator for Iraq Re- For a gourmet night, we could even Also briefed on the CIA proposal, according construction told a San Antonio news- load up the minivan and supersize to intelligence sources, were National Secu- paper last week that corruption in Iraq number 5 with extra mayo, for every- rity Advisor Steve Hadley and Deputy Na- is endemic and debilitating. one except for the driver, because we tional Security Advisor Elliott Abrams. But Prime Minister Maliki has grant- ‘‘The entire plan has been blessed by don’t allow drinking and driving. Abrams, in particular,’’ said one intelligence ed Ministers and former Ministers im- That’s why some of our cabbies die of source familiar with the plan. ‘‘And Hadley munity from prosecution by Iraq’s thirst. And you say we have no night had to put his chop on it.’’ Commission of Public Integrity, and, in life? Abrams’ last involvement with attempting turn, the Ministers can shield their It’s true our happy hours are deter- to destabilize a foreign government led to own employees from prosecution, a mined by how much green Jell-O is criminal charges. He pleaded guilty in Octo- government that has been told by this available, because a party is not a ber 1991 to two misdemeanor counts of with- President and Vice President to pass party without green Jell-O and carrot holding information from Congress about the Reagan administration’s ill-fated efforts to an oil law that transfers control and bits. Indeed, if you order a mixed destabilize the Nicaraguan Sandinista gov- profits to Western oil companies, just drink, it will definitely involve choco- ernment in Central America, known as the like the good old days in Iran. Over- late syrup and milk, but you still have IranContra affair. Abrams was later par- throwing Iran in 1953 was all about oil. to stir vigorously with the straw. And doned by President George H. W. Bush in De- Invading Iraq was all about oil, and the he says we have no night life? cember 1992. new secret plot against Iran is all Our baseball fans, after the seventh In June 2001, Abrams was named by then about oil. inning, can order all the root beer they National Security Advisor Condoleezza Rice Oil is the only benchmark this Presi- want. Admittedly, it causes road rage. to head the National Security Council’s office for democracy, human rights and inter- dent and Vice President want, and they I remember the last time I came out national operations. On Feb. 2, 2005, National will keep American soldiers fighting when my buggy was cut off by a buck- Security Advisor Hadley appointed Abrams and dying until an oil law is passed in board wagon, and I have to admit, I deputy assistant to the president and deputy Iraq that gives Western oil companies said some expletives, like, oh my,

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A23MY7.052 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5687 heck, move that frigging nag. But to duced Deamonte’s Law, a bill to estab- services at community health centers. say we have no night life? lish a dental home for every American The program would also provide sup- Now, lest any other myths continue child by increasing dental services in port for contractual relationships be- on here, I do want to tell the gen- the community health centers and tween centers and private practice den- tleman from Massachusetts, if he training more individuals in pediatric tists. wants to see Tony Award-winning re- dentistry. Deamonte’s Law would also address gional drama, he will have to come to The legislation is named for the dentist shortage. The United Utah, and he will fly into one of the Deamonte Driver, a 12-year-old Mary- States Department of Health and busiest hubs in the Nation, which is land boy who died on February 25, 2007 Human Services estimates that there is Salt Lake International. when a tooth infection spread to his a shortage of 4,650 dentists, and pedi- If he finds himself seated at Pioneer brain. A routine dental checkup might atric dentists are even more scarce. Memorial Theater or Kingsbury Hall or have saved his life, but Deamonte was Deamonte’s Law would address this Rose Wagner Theater, Capitol Theater, poor and homeless and he did not have issue by establishing a 5-year, $5 mil- he will be seeing Broadway-quality access to a dentist. lion pilot program to enhance training plays all done by equity actors, or he When I learned of this senseless trag- and academic programs in pediatric will be listening to some of the finest edy, I was deeply shaken. I simply can- dentistry, recruit and train dentists to music done by the Utah Opera Com- not comprehend how in this country, study pediatrics, and provide con- pany or the premiere ballet of the where we have sent men to the Moon, tinuing education for practicing den- West, which is Ballet West, which is we let a little boy’s teeth rot so badly tists. headquartered in Utah, or watching the that his infection became fatal. The legislation is endorsed by the award-winning Repertory Dance The- I often say that as adults we have a American Dental Association. I was ater. responsibility to provide for and to pro- joined in introducing this legislation If he finds himself in Abravenal Hall, tect our children, and we failed miser- by my good friend, Chairman HENRY he will be listening to one of the best ably to meet that responsibility for lit- WAXMAN of California, and Sub- symphony orchestras in the Nation. If tle Deamonte. I think we all should be committee Chairman DENNIS KUCINICH he is at Franklin Covey Field, he will ashamed by that fact. I know I am. of Ohio. I want to thank both Congress- watch the sun shine on the eastern That is why I have made a commit- men for their leadership and dedication mountains in the Wasatch over the left ment to addressing this issue from to this issue. field berm as he sits in probably what every single angle. I knew that if On May 2, 2007, at my request, we has been considered one of the nicest Deamonte was suffering in my home conducted an oversight hearing enti- and most beautiful baseball stadiums, State of Maryland, other little boys tled ‘‘Evaluating Pediatric Dental Care watching the AAA-Division-leading and girls like him were probably also under Medicaid to Investigate Salt Lake Bees. He can find private suffering. Deamonte Driver’s Death.’’ At the clubs and dance clubs and comedy To be clear, Deamonte’s case was hearing, it became apparent that the clubs and concerts and even, although I rare and extreme. However, even the Centers for Medicare and Medicaid don’t recommend it, get drunk in Salt most casual investigation reveals that Services has categorically failed to Lake City. children across this great Nation are meet its oversight responsibility with living with painful, untreated tooth regards to ensuring the State health b 1915 decay, many of them dangerously close departments and the managed care or- He might even be able to listen to a to acquiring life-threatening infec- ganizations that they contract with debate between a publicity-seeking tions. are in compliance with the law. mayor and a radio talk show host The Centers for Disease Control and Section 1905(r)(3) of the Social Secu- about Iraq, in which case he would Prevention reports that tooth decay in rity Act ensures that every Medicaid- probably want to be drunk. It may just baby teeth has increased 15 percent eligible child will have access to medi- have been under those night lights that among United States toddlers and pre- cally necessary dental care under the he didn’t see much going on; that it schoolers 2 years old to 5 years old be- early and periodic screening, diag- was one of the nights when the Utah tween 1988 to 1994, and 1994 to 2004. nostic, and treatment provision. How- Jazz, even though they have had two Tooth decay is the single most com- ever, it is evident from our investiga- rough difficult nights, were still in- mon childhood chronic disease, and it tion that this has not been the case, volved in the hunt for the NBA title, disproportionately affects poor and mi- and so I urge my colleagues to join in something which a team in his State nority children. Eighty percent of den- sponsoring this legislation. can’t say. tal decay occurs in just 25 percent of f In short, I would simply recommend children, and parents are three times The SPEAKER pro tempore. Under a and invite the good gentleman from more likely to report that their chil- previous order of the House, the gen- Massachusetts to come and visit our dren’s dental needs are unmet when tleman from Kentucky (Mr. DAVIS) is State. I would suggest, perhaps, compared to the general medical care recognized for 5 minutes. though, he should bring an interpreter needs. (Mr. DAVIS of Kentucky addressed with him, because in Utah we still do A silent epidemic of dental disease is the House. His remarks will appear not put an R at the end of our vowels. plaguing our children, and our inabil- hereafter in the Extensions of Re- f ity to address this issue has simply marks.) The SPEAKER pro tempore (Mr. been horrifying. That is why I have in- f HALL of New York). Under a previous troduced Deamonte’s Law, which would order of the House, the gentleman from address two critical factors contrib- PREFERENCE POLICY PLAN FOR ILLEGALS Pennsylvania (Mr. PETERSON) is recog- uting to the inability of children like nized for 5 minutes. Deamonte to access a dentist. The SPEAKER pro tempore. Under a (Mr. PETERSON of Pennsylvania ad- Deamonte’s Law would ensure that previous order of the House, the gen- dressed the House. His remarks will ap- children like Deamonte have access to tleman from Texas (Mr. POE) is recog- pear hereafter in the Extensions of Re- dental services in communities where nized for 5 minutes. marks.) they live. Community health centers Mr. POE. Mr. Speaker, the Senate’s f provide a health safety net to under- new repackaged immigration proposal, served areas, such as rural and urban the ‘‘Give America Away Act,’’ has a DEAMONTE’S LAW communities. However, an estimated 42 provision that should be of concern to The SPEAKER pro tempore. Under a percent have gaps in their capacity to college students and parents who foot previous order of the House, the gen- provide dental care. Deamonte’s Law the bill for college. It gives the illegals tleman from Maryland (Mr. CUMMINGS) would address this issue by estab- in the United States a better deal than is recognized for 5 minutes. lishing a 5-year, $5 million pilot pro- U.S. citizens or legal immigrants when Mr. CUMMINGS. Mr. Speaker, I rise gram to provide funds for dentists, it comes to the cost of college tuition today to announce that I have intro- equipment, and construction for dental for State universities.

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.139 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5688 CONGRESSIONAL RECORD — HOUSE May 23, 2007 If this idea becomes law, besides Mr. BRALEY of Iowa. Mr. Speaker, I those who lie here dead. Whoever of us granting amnesty to 12 million to 20 rise today during Jewish American lifts up his hand in hate against a million illegals in the United States, it Heritage Month to honor the life and brother or thinks himself superior to will treat those illegals better than memory of Rabbi Roland B. Gittelsohn, those who happen to be in the minority U.S. citizens and legal immigrants who was the first Jewish chaplain ever makes of this ceremony and the bloody when it comes to college costs. The appointed by the Marine Corps. sacrifice it commemorates an empty, idea is to grant all illegals a status so Most Americans don’t recognize the hollow mockery. To this, then, as our they can attend State universities as name of Rabbi Gittelsohn, but they solemn, sacred duty, do we the living an in-State tuition even though they should. Rabbi Gittelsohn delivered a now dedicate ourselves to the rights of illegally entered the United States. stirring eulogy to the war dead on Iwo Protestants, Catholics, and Jews, of Some States already allow illegals to Jima that is second only to the Gettys- white men and Negroes alike, to enjoy attend State universities and pay in- burg Address of President Lincoln as a the democracy for which all of them State tuition. Unfortunately, my State stirring ode to the principles of democ- have paid the price. of Texas was one of the first, along racy that are the bedrock of this coun- ‘‘When the last shot has been fired, with California. try and the young men and women who there will be those whose eyes are Currently there are about a dozen paid the ultimate price for our free- turned backward, not forward, who will States that allow this absurd policy of dom. be satisfied with wide extremes of pov- preference. Some States are consid- During World War II, Rabbi erty and wealth in which the seeds of ering opposite laws that require Gittelsohn was assigned as a Jewish di- another war can breed. We promise illegals to pay out-of-State tuition. No visional chaplain of the 5th Marine Di- you, our departed comrades, this too matter what the people want or the vision. During the Battle of Iwo Jima, we will not permit. This war has been States want, a proposal in this new im- Rabbi Gittelsohn was right in the heart fought by the common man. Its fruits migration policy plan will require all in the action, ministering to the needs of peace must be enjoyed by the com- States that allow illegals to attend of Marines of all faith, with the knowl- mon man. We promise, by all that is State universities to pay only in-State edge that his life was in grave danger. sacred and holy, that your sons, the tuition, not out-of-State tuition. After the fighting was over, Rabbi sons of miners and millers, the sons of So, what’s the difference in cost? Gittelsohn was asked to give a sermon farmers and workers, the right to a liv- Well, if you are an in-State resident in at an ecumenical memorial service ing that is decent and secure. Texas and attend the University of dedicating the 5th Marine Division Texas, you pay about $1,500 for 12 se- ‘‘When the final cross has been placed cemetery on Iwo Jima, but due to prej- in the last cemetery, once again there mester hours. If you are an out-of- udice he only gave remarks at a small State student, say a student from Ten- will be those to whom profit will be Jewish service. Here are his words. more important than peace. To those nessee, you pay over $4,000 for 12 se- ‘‘Here before us lie the bodies of com- mester hours. So this proposal will dis- who sleep here silent, we give our rades and friends, men who until yes- promise: We will not listen. We will not criminate against American citizens terday or last week laughed with us, and legal immigrants, and favor and forget that some of you paid the ulti- joked with us, trained with us, men mate price for men who profit at your prefer illegals. who fought with us and feared with us. An example. If you are from New expense. We will remember you as you Somewhere in this plot of ground there York and you want to get admitted to looked when we placed you reverently, may lie the man who could have dis- the University of Texas, you have to lovingly, in the ground. covered the cure for cancer. Under one pay out-of-State tuition because, sim- Thus do we memorialize those who, of these Christian crosses or beneath a ply, you are not from Texas. Or, as we having ceased living with us, now live Jewish Star of David, there may now say, ‘‘You’re not from around here.’’ within us again. Thus do we consecrate rest a man who was destined to be a But if you are an illegal and get admit- ourselves to the living to carry on the great prophet, to find the way perhaps ted to the University of Texas, you will struggle they began. Too much blood for all to live in plenty, with poverty get to pay in-State tuition. has gone into this soil for us to let it If the Senate plan passes, this pref- and hardship for none. Now they lie lie barren. Too much pain and heart- erence policy will be law and apply to here silently in this sacred soil, and we ache have fertilized the earth on which every State, whether they like it or gather to consecrate the earth in their we stand. We here solemnly swear, this not. This is blatant discrimination memory. shall not be in vain. Out of this, and against Americans and legal residents. ‘‘It is not easy to do so. Some of us from the suffering and sorrow of those So American students and parents, get have buried our closest friends here. To who mourn this, will come, we promise, your checkbooks out, because you are speak in memory of such men as these the birth of a new freedom for the sons going to pay more for college than peo- is not easy. No, our poor power of of men everywhere.’’ ple who illegally enter the United speech can add nothing to what these My father served in the 5th Marine States. You will be discriminated men have already done. All that we can Division on Iwo Jima, and it is to his against by your own government. So, if even hope to do is to follow their exam- memory and the memory of Rabbi you want to attend a State college ple, to show the same selfless courage Gittelsohn that I offer these poignant somewhere in America other than your in peace that they did in war; to swear words. that by the grace of God and the stub- own State, and you don’t have the f money to pay the extra tuition, well, born strength and power of the human will, their sons and ours will never suf- The SPEAKER pro tempore. Under a it’s just too bad. previous order of the House, the gen- Mr. Speaker, this is just another rea- fer these pains again. These men have tleman from Florida (Mr. BILIRAKIS) is son this so-called new immigration re- done their job well. They have paid the ghastly price of freedom. recognized for 5 minutes. form proposal is a bad idea for Amer- (Mr. BILIRAKIS addressed the ica. It is nothing more than a pref- ‘‘We dedicate ourselves, first, to live together in peace the way they fought House. His remarks will appear here- erence policy for people illegally in the after in the Extensions of Remarks.) United States. and are buried in this war. Here lie offi- And that’s just the way it is. cers and men, Negroes and whites, rich f f men and poor, together. Here, no man b 1930 prefers another because of his faith or HONORING THE LIFE OF RABBI despises him because of his color. Here, THE CONSTITUTION CAUCUS ROLAND B. GITTELSOHN AND there are no quotas of how many from The SPEAKER pro tempore. Under a HIS STIRRING EULOGY ON IWO each group are admitted or allowed. previous order of the House, the gentle- JIMA Among these men there is no discrimi- woman from North Carolina (Ms. FOXX) The SPEAKER pro tempore. Under a nation, no prejudices, no hatred. Theirs is recognized for 5 minutes. previous order of the House, the gen- is the highest and purest democracy. Ms. FOXX. Mr. Speaker, I am a mem- tleman from Iowa (Mr. BRALEY) is rec- ‘‘Any man among the living who fails ber of the Constitution Caucus, and we ognized for 5 minutes. to understand that will thereby betray take it as an important responsibility

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.144 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5689 to come to the floor every week to talk Tens of billions of Federal dollars Sending our soldiers back into an in- about an issue related to the Constitu- cannot fix faulty schools. Broken creasingly deadly civil war on extended tion. schools need to be held accountable on tours with worn-out equipment is not Tonight, we are here to talk about the local level. By pushing account- supporting the troops. We cannot let the Federal Government’s role in edu- ability to the Federal level, we’ve pro- this neglect for our veterans become cation through the No Child Left Be- duced a counterproductive system that the hallmark of the occupation. We hind Act. But I question whether the is not responsive to the local needs of must strengthen our commitment to premise of Federal involvement is even students, parents and teachers. our troops. We must provide them with legitimate. As we look towards the next reau- the support they deserve. The tenth amendment to the Con- thorization of this law, we must take That’s why I’ve introduced H.R. 508, stitution that enumerates States’ States rights into account, lest we the Bring the Troops Home and Iraq rights throws Federal involvement in again fail the most important people in Sovereignty Restoration Act, which education into question. this equation, our Nation’s children. will end the occupation within 6 The tenth amendment tells us that f months of passage and will provide for the powers not delegated to the United BRING THE TROOPS HOME FOR full physical and mental health care States by the Constitution, nor prohib- MEMORIAL DAY for all of our Nation’s veterans. Our ited by it to the States, are reserved to troops deserve no less. the States respectively, or to the peo- The SPEAKER pro tempore (Mr. Mr. Speaker, this Memorial Day is an ple. HALL of New York). Under a previous opportunity, an opportunity to cele- No Child Left Behind has a problem. order of the House, the gentlewoman brate the honorable service of those The problem is that the individual from California (Ms. WOOLSEY) is rec- who were in past wars, those who have States have learned that Federal Gov- ognized for 5 minutes. served in between wars, and those who ernment involvement in local edu- Ms. WOOLSEY. Mr. Speaker, the sac- are serving today. And we can do that cation is often uninformed, inefficient rifices of those who have dedicated by providing our veterans with the sup- their lives in defense of our country are and unnecessarily burdensome. port that they need. It’s an oppor- an important reminder of the price of What many Americans don’t know or tunity on this Memorial Day to sup- freedom. These brave heroes have don’t remember is that No Child Left port the troops who are in Iraq by deserved this country with distinction, Behind is simply a reauthorization of manding that they come home. and it is our absolute responsibility to the Elementary and Secondary Edu- f cation Act, a law first passed in 1965 honor them. Memorial Day is an opportunity to The SPEAKER pro tempore. Under a and signed into law by President Lyn- reflect on how we must support our previous order of the House, the gentle- don Johnson. It has been revised and troops, which means honoring our re- woman from Texas (Ms. GRANGER) is reauthorized so many times that it sponsibility to provide the best protec- recognized for 5 minutes. barely resembles the original law. tion and support for the men and (Ms. GRANGER addressed the House. Today the law spawned by the re- women who serve in our Nation’s Her remarks will appear hereafter in peated tinkering over four decades is Armed Forces. It means honoring our the Extensions of Remarks.) increasingly complicated and burden- promise to provide lifelong health care f some. It attempts to tie Federal money and benefits for our veterans when OPENNESS IN THIS INSTITUTION to disparate yardsticks that may or they return home, and it means doing may not make sense for the thousands everything we can to bring our troops The SPEAKER pro tempore. Under a of local school districts around the home from Iraq, out of harm’s way. previous order of the House, the gen- country. As we reflect on the sacrifices and tleman from Arizona (Mr. FLAKE) is How can one law effectively regulate the accomplishments of our veterans, recognized for 5 minutes. both a rural school in North Carolina it’s vitally important to reaffirm our Mr. FLAKE. Mr. Speaker, one of the and an inner-city school in L.A.? I be- support for our troops on Memorial hallmarks of this institution is open- lieve it cannot. Accountability needs Day. And Memorial Day is an oppor- ness. Every minute of debate in this be a State and local issue left to par- tunity to commend all who have de- Chamber is captured on C–SPAN cam- ents and teachers. It should not be del- fended our country and safeguarded the eras. Every minute of debate and dia- egated to Washington bureaucrats who values cherished by every single Amer- logue in the committee rooms are tran- don’t even step inside the thousands of ican. It’s a chance to repeat that while scribed and recorded. This practice is schools that are scrambling to comply we strongly disagree with this adminis- premised on the principle that the pub- with cookie-cutter regulations that tration and its continuing occupation lic has a right to know what factors go often don’t make sense on the local of Iraq, we support our troops. into our decisions here. level. This administration refuses to hear I don’t think the public would be According to the Congressional Re- the calls of the vast majority of Ameri- very pleased to learn how much of this search Service, the Elementary and cans demanding that we bring the decisionmaking process is moving be- Secondary Act of 1965 was primarily troops home. It continues to believe hind closed doors, particularly as it re- concerned with the relationship be- that the only way forward in Iraq is to lates to earmarks. tween poverty and low educational spend more money, send more troops Over the past several years it became achievement. That is, indeed, a noble for an open-ended debacle. This admin- common practice for appropriators to goal. But the law has since gone far istration maintains its strategy for include earmarks in committee and afield. Now it infringes on States delay and denial, refusing to plan for conference reports, rather than the rights to oversee school systems and an end to the Iraq occupation, a blank text of the bills. Frequently, a com- strays into unconstitutional areas. check and no accountability. mittee report containing thousands of Again, the 10th amendment to the As the administration stubbornly re- earmarks would come to the floor only Constitution says, ‘‘The powers not fuses to accept that we cannot win an hours before the final vote on the bill. delegated to the United States by the occupation, the men and women serv- At times the committee report would Constitution, nor prohibited by it to ing in Iraq are suffering the con- be made public only after the bill had the States, are reserved for the States sequences of these mistakes. Nearly 20 already passed. respectively, or to the people.’’ percent of the soldiers returning from The bottom line is that, over several The Constitution does not give the Iraq experience some symptoms of years, earmarks endured very little Federal Government the express right post-traumatic stress disorder, or scrutiny from this body. I think the to dabble in local education. We need PTSD, which puts them at signifi- voters have become very aware of this to give States back their full constitu- cantly higher risk for suicide and drug failing on our part. My party, the Re- tional right to set education policy and addictions. More than 34,000 of our publican Party, allowed the practice of encourage innovative solutions to the servicemembers have been injured in earmarking to get out of hand. Tax- unique education issues faced by every Iraq, and more than 3,400 have been payers have paid the price. This insti- State. killed. tution has paid the price. Finally, we

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.147 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5690 CONGRESSIONAL RECORD — HOUSE May 23, 2007 Republicans paid the price at the polls the political price. I hope that we the expense of our sons and daughters. this November. would move before that time. I hope We see U.S. military power fully pro- When the new majority took over in that we can, on a bipartisan basis, sim- jected in Kuwait, in Iraq, benefiting January of this year, they moved to in- ply move forward and bring sunlight their neighbors, too, like Saudi Arabia clude more transparency in the ear- back into the process. That is what I and Bahrain, who have had to hire marking process. Members of Congress think the citizens of this country de- growing legions of private security would, at long last, have to put their serve. It’s what the taxpayers need to firms to hold up their kingdoms and names next to the earmarks. We Re- have. emirates. Saudi Aramco is the largest publicans had done this in the fall, but f privately held company in the world, only after the appropriations season and Exxon Aramco the most profitable was nearly done. This was a good move b 1945 oil company in history. Are you start- by the majority party in January. As I SURGING GASOLINE PRICES ing to see the picture? said at the time, they had the guts to The SPEAKER pro tempore. Under a Let me ask a critical question: Would do what we hadn’t when it mattered, at previous order of the House, the gentle- any of the oil profits made off the pocketbooks of Americans be going to the beginning of the appropriation woman from Ohio (Ms. KAPTUR) is rec- process. ognized for 5 minutes. hire more security guards in Saudi There is reason now, however, to Ms. KAPTUR. Mr. Speaker, surging Arabia, or in Bahrain, or in Kuwait? As doubt the sincerity of these moves. gas prices at the pump surely tell us, Will Rogers would say, ‘‘You betcha.’’ Our Nation’s military power is now House rules are only as good as our just before Memorial Day, that some- fully projected in the deserts over willingness to enforce them. And we thing has gone wrong again with the there, and here in Washington sits Con- have, as yet, not been willing to en- rigged oil markets. gress and a President who say they force these rules. We’ve seen gasoline prices in our want to break oil addiction from im- When a bill comes to the floor now, country set all-time highs. Ohio fami- ported sources. But since President there must be a list of earmarks with lies are paying $3.50 to $3.93 a gallon, Bush took office, we are importing a Member names next to them, or a cer- with no end in sight. And when Presi- billion more barrels a year, a billion tification that the bill contains no ear- dent Bush took office, they were pay- more barrels a year every year since marks. ing $1.46 a gallon. In fact, when Vice 2001. It is projected we will spend a tril- When the supplemental came to the President CHENEY was sworn in, lion dollars on the war in Iraq, and it is floor, there were clearly earmarks in Halliburton’s stock was worth one- not anywhere close to over. Yet we the bill, yet there was a certification fourth of what it’s worth today. passed a bill out of the House a few that there were no earmarks contained So we think about America’s families months ago that just put a thimble full in the bill. and our consumers. They’re being hurt. of additional resources in renewable The problem is, a point of order can Car and truck sales are being hurt. Our energy. Is there any dispatch here? Is only lie against the bill if there is no economy is being hurt. It’s all so un- there any urgency? Is there any seri- certification. So a certification, even necessary. ousness? Let the American people tell though it might be patently wrong, has When you fuel up, the chances are 7 us. Do you see it? Do you hear it? Do to be accepted by the Speaker or the out of 10 that the crude oil for the gas- Parliamentarians. you feel it in your pocketbooks? oline came from an undemocratic for- Citizens are expressing their frustra- The intelligence authorization bill eign country, Saudi Arabia, Nigeria, came to the floor without a list of ear- tion with our inability to rein in the Venezuela, Angola, Mexico, maybe abuses of the oil companies. And I have marks. The list of earmarks only came even trafficked out of Iraq, places that after the deadline to submit amend- got a partial solution. This week I am do not exactly love thriving democ- introducing a bill to give something ments to the Rules Committee; so racy. back to the American people tired of then, again, there was no opportunity Meanwhile, in oil-rich Iraq, this being gouged by the oil companies. It is to challenge any of the earmarks in the week, eight more American soldiers called the ‘‘Give America Something bill. Then, despite the fact that there were killed in roadside bomb attacks Act of 2007,’’ the GAS Act, G–A–S. Give were more than 680 earmarks in the de- near Baghdad. And this brings to near- every American a one-time immediate fense authorization bill, no amend- ly 3,400 U.S. service-member deaths in $100 gas payment refund. They can use ments related to earmarks were al- Iraq, plus additional Department of De- it to pay for higher gas prices. They lowed by the Rules Committee, even fense civilian employees, and the death can use it to pay for higher transit though some of the earmarks clearly toll keeps mounting. costs. And we pay for it by imposing a had no relationship to defense. The major oil pipeline and refinery in windfall profits tax on oil revenue to Now, we hear that the Appropriations Iraq is now being guarded by our best, provide the revenue to finance the pro- Committee plans to keep earmarks se- the 82nd Airborne, and sundry private gram. This is long overdue. cret until the appropriation bills this contractors. They’re guarding oil lines year have passed the House floor. and the refinery. In fact, some of that f Those earmarks would later be ‘‘air- oil has been stolen and even trafficked HONORING OFFICER ROB TARGOSZ dropped’’ into the conference report throughout the war. The SPEAKER pro tempore (Mr. where no amendments are possible, Meanwhile, a new hydrocarbon law is HALL of New York). Under a previous where no scrutiny of these amendment being pushed in Iraq, which boasts the order of the House, the gentleman from or, I’m sorry, of these earmarks is pos- second largest oil reserves in the world, Arizona (Mr. FRANKS) is recognized for sible. that would privatize the majority of oil 5 minutes. The vaunted sunlight that we said we in that country to who? That’s the tril- Mr. FRANKS of Arizona. Mr. Speak- were going to bring into this process is lion-dollar question. That’s the $23 tril- er, in the very earliest days of this Na- gone. We closed the drapes. We’ve lion question. tion, Edmund Burke said, ‘‘All that is snuffed out the candle. How disgusting to me that our finest necessary for the triumph of evil is for Mr. Speaker, this institution de- military have to die in an oil war. good men to do nothing.’’ serves better than this. We can do bet- When will the American people begin That belief became the personal ter. We should, on a bipartisan basis, to connect undemocratic oil regimes, creed and call to action of Officer Rob bring this sunlight back. We need to imported oil, and the lives of our sons Targosz. Mr. Speaker, this man was a subject earmarks to the scrutiny that and daughters while our gasoline-con- hero and a model human being deter- they should have. No spending should suming public is subjected here to the mined to utilize every ounce of his occur in this body without the Mem- oil marketeers? mind, soul, and body to protect the bers’ knowledge, and that’s what hap- I don’t think anybody would admit it lives of thousands of his fellow Ameri- pens when earmarks are ‘‘air-dropped’’ is a free market in oil. It’s a cartelized cans so that we could all live in a safer, into a conference report. market. It has been for half a century. more peaceful Nation. Rob Targosz was Mr. Speaker, I’m convinced that in Exxon and the other major oil com- a second lieutenant in the 12th Air- the end, the majority party will pay panies are raking in historic profits at borne Special Forces. He was a member

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.150 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5691 of the SWAT team, and he was a police Mr. DAVIS of Illinois. Mr. Speaker, I fully expect it to pass soon. The bill officer of the Gilbert Police Depart- the United States of America has more has the support of more than 200 crimi- ment in Gilbert, Arizona, for 12 years. of its people in prison per capita than nal justice, service provider, faith- He served there on the DUI Task Force any other developed nation in the based, housing, governmental, dis- because Rob felt that one of the great- world, more than 2 million. The vast ability, and civil rights organizations. est purposes of his life was to combat majority, 95 percent, of the men and President Bush has signaled his sup- and prevent drunk driving. women in our prisons will eventually port of the legislation as well. The license plate on the back of his return to the community. This means No single piece of legislation is going police motorcycle displayed the title that every year more than 650,000 of- to solve the reentry crisis we are fac- ‘‘Agent of Justice.’’ He defended our fenders are released from State and ing, but the Second Chance Act is a citizens and our laws, and he sought Federal prisons and return back to ci- good start. I hope that with passage of justice with a determination so real vilian life. this bill, we will begin a new era in that it led him face to face with the These men and women deserve a sec- criminal justice. very tragedy he had dedicated his life ond chance. Their families, spouses, Mr. Speaker, I am convinced that to protect others from. In one of life’s and children deserve a second chance. any serious effort to facilitate the re- great paradoxical mysteries, while on And their communities deserve a sec- entry of men and women with criminal duty, Rob Targosz was killed by a ond chance. A second chance means an records to civil society must be pre- drunk driver. opportunity to turn a life around, a pared to do two things. First, we must Mr. Speaker, drunk driving is the chance to break the grip of a drug be prepared to help with drug treat- embodiment of apathy, callousness, habit; a chance to support a family, to ment on demand for everyone who re- and selfishness, which is the very oppo- pay taxes, to be self-sufficient. quests it. Second, we need to find work site of everything that personified Offi- Today, few of those who return to for ex-offenders. Programs don’t supply cer Rob Targosz. The enemy that took their communities are prepared for jobs. After ex-offenders have undergone Rob’s life was the very thing that their release or receive any supportive rehabilitation and received appropriate broke his heart and fueled his desire to service. When the prison door swings training, employers will have to open battle against it. But it did not defeat open, an ex-offender may receive a bus their hearts and put these men and him, because Rob Targosz was a man of ticket and spending money for a day or women back into the workforce. They abiding faith in Jesus Christ, whom he two. Many leave prison to return to the do not belong in prison. held as his eternal Savior. And Rob left same environment which saw them of- Many of them don’t need prison, but behind him in this life a legacy of her- fend in the first place. But as they re- they do need a second chance. Congress oism, love for America, and countless turn, they often face additional bar- can give them that. And we should. Americans whose lives are preserved riers to reentry: serious physical and f because he protected them with his mental health problems, no place to THE A-PLUS ACT own. stay, and lack of education or quali- The SPEAKER pro tempore. Under a Therefore, his battle continues and fications to hold a job. As a result, two previous order of the House, the gen- his search for justice pulsates in the out of three will be rearrested for new tleman from Michigan (Mr. WALBERG) hearts of other Americans, who, like crimes within the first 3 years after is recognized for 5 minutes. him, continue to defend and protect us their release. Youthful offenders are Mr. WALBERG. Mr. Speaker, as a all. Rob’s life also continues in the lion even more likely to reoffend. member of the Constitution Caucus, I heart of his beloved wife, who walked One-third of all correction depart- am convinced that today, at a time by his slain body, picked up his armor ments provide no services to released when our Nation lags behind other and weapons, and continues his fight offenders, and most departments do not countries in math and science testing by educating the public about the un- offer a transitional program, placing a and the Federal Government has a speakable destruction caused by drunk heavy burden on families and commu- larger role in education than ever be- driving. nities. Considering the cost of incarcer- fore, this Congress must find a way to Mr. Speaker, one of the many reasons ation, as much as $40,000 per year, and give our schools greater flexibility, re- that human life is so precious is be- all the social and economic costs of duce the bureaucracy involved in edu- cause it allows the world to see when a crime to the community, it is just cation, and ensure these opportunities single man can live and do and live his plain common sense to help ex-offend- really are being given to our children. life, however short it might be, so that ers successfully reenter our commu- In years past Congress has attempted others may be the better for it. Ameri- nities and reduce recidivism. to solve problems in education by sim- cans are alive and families are whole That is why I have sponsored the bi- ply throwing piles of Federal money because of the life and work of Officer partisan Second Chance Act of 2007, into the education system. The origi- Rob Targosz. And the world is better H.R. 1593, along with Representatives nal purpose of No Child Left Behind because he showed us an example of a CANNON, CONYERS, COBLE, SCOTT of Vir- was to return some education policy- truly noble and excellent soul. May his ginia, SMITH of Texas, JONES of Ohio, making authority to the States. Unfor- example fire the souls of us all to con- FORBES, SCHIFF, SENSENBRENNER, tunately, during the process of tinue his enduring quest to protect the CHABOT, JACKSON-LEE of Texas, crafting, passing, and enacting this leg- innocent. CUMMINGS, JOHNSON of Georgia, islation, No Child Left Behind took the God bless Rob Targosz and his fam- CLARKE, and 75 other Members of Con- form of a massive spending bill that in- ily. gress. creased the Federal Government’s pres- f A companion bill, S. 1060, has been ence in classrooms. The SPEAKER pro tempore. Under a introduced in the Senate by Senators As a December 22, 2006 editorial in previous order of the House, the gen- BIDEN, DURBIN, SPECTER, BROWNBACK, the Detroit News stated, ‘‘What our tleman from Virginia (Mr. MORAN) is LEAHY, OBAMA, and 10 others. Federal legislators come up with in the recognized for 5 minutes. The Second Chance Act will provide Nation’s Capital doesn’t always trans- (Mr. MORAN of Virginia addressed transitional assistance to assist ex-of- late well into the classroom.’’ the House. His remarks will appear fenders in coping with the challenges of The editorial continues: ‘‘Michigan hereafter in the Extensions of Re- reentry. It will reduce recidivism. It should have the flexibility to decide marks.) will help reunite families and protect how and when to measure student f communities. It will enhance public progress.’’ safety and save taxpayer dollars. It is My daughter-in-law is a hardworking EVERYONE DESERVES A SECOND the humane thing to do. It is the re- and talented teacher who has experi- CHANCE sponsible thing to do. And, of course, it enced firsthand the problems No Child The SPEAKER pro tempore. Under a is the right thing to do. Left Behind creates for teachers, par- previous order of the House, the gen- The Judiciary Committee held hear- ents, and students. As a classroom tleman from Illinois (Mr. DAVIS) is rec- ings on the bill last month and quickly teacher forced to teach to the tests re- ognized for 5 minutes. voted to send the bill to the full House. quired by local, State, and No Child

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.152 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5692 CONGRESSIONAL RECORD — HOUSE May 23, 2007 Left Behind, she actually considered In 1906, four Rowena Catholics, Wil- tory of America herself, and I feel priv- quitting because of the paperwork and liam Glass, Mike Feist, Frank ileged to share this story with you all. restrictions imposed upon her. She Schwertner and John Jansa, sought to No matter who we are or where we’re struggled to have time to give indi- erect a church to serve their commu- from, we can all find common ground vidual attention to each of her ‘‘special nity and better practice their faith. in the story of St. Joseph’s parish. It is needs’’ students. After a year of toil, the church opened a story of individuals seeking and cre- Ironically, she obtained her teaching and celebrated its first mass, a wed- ating a better life for themselves and position due to her performance the ding, on November 20, 1907. The church their descendants, and of a people of year prior as a permanent substitute was aptly dedicated to St. Joseph, the deep devotion seeking to practice their teacher in a classroom. Because she patron of immigrants, families and beliefs and enrich their community. We was not required to fill out all the working people. should all strive to be so noble in our forms and paperwork required by No St. Joseph’s grew rapidly during its ambitions and generous in our spirits. Child Left Behind, she excelled and the early years, reflecting its growing sig- Today I celebrate and honor the pa- school offered her a permanent posi- nificance in the community. In 1916, rishioners of St. Joseph’s in Rowena, tion. the church opened St. Joseph’s School, Texas as they reflect on the past and In its origin, No Child Left Behind with the Sisters of the Divine Provi- embark on another 100 years of min- attempted to provide greater school dence serving as teachers. And in 1924, istry and service. choice and reduce Washington’s in- a new church in the gothic style was f volvement in education. But instead dedicated, and the annual fall festival The SPEAKER pro tempore. Under a this expensive and largely unsuccessful was begun to support the church. To previous order of the House, the gentle- legislation has broadened the scope of this day, the gothic church still stands, woman from Texas (Ms. JACKSON-LEE) the Federal Government’s role in edu- and the fall festival is still celebrated is recognized for 5 minutes. cation. Enshrined in our Constitution each year. (Ms. JACKSON-LEE of Texas ad- is the 10th amendment, which reads, Soon the church began to host com- dressed the House. Her remarks will ‘‘The powers not delegated to the munity-service organizations and so- appear hereafter in the Extensions of United States by the Constitution, nor cial clubs as well. The Knights of Co- Remarks.) prohibited by it to the States, are re- lumbus, St. Ann’s Altar Society, served for the States respectively, or to Catholic Daughters of America, the f the people.’’ Federal control of edu- KJT, KJZT and the Immaculate Con- THE WAR IN IRAQ cation is listed nowhere in the Con- ception Society would all call the stitution. And in accordance with the church home through the coming dec- The SPEAKER pro tempore (Mr. 10th amendment, education should be ades. MURPHY of Connecticut). Under a pre- the responsibility of State and local The Great Depression and World War vious order of the House, the gen- governments. II would see an especially important tleman from Tennessee (Mr. DUNCAN) is Because I believe each child’s edu- role for St. Joseph’s and its parish or- recognized for 5 minutes. cational path should be determined by ganizations to play as they led their Mr. DUNCAN. Mr. Speaker, the war a child’s parents and not by the Fed- rural community through troubling in Iraq, since its beginning, has gone eral Government, I am an original co- times. against every traditional conservative sponsor of the A-Plus Act. The A-Plus As the church aged in the 1950s and in position I’ve ever known, especially fis- Act would give States, teachers and the 1960s, it prospered. It marked its cal conservatism. There is nothing con- parents the freedom and authority to 50th anniversary in 1957, and a new servative about the war in Iraq. So it determine what educational path a stu- community space was constructed in should have been no surprise when Wil- dent should take. 1961. And all the while, the high school liam F. Buckley, often called the ‘‘God- As part of this legislation, States can continued to educate and graduate the father of Conservatism,’’ wrote in 2004 opt out of Federal programs, and State youth of Rowena. that if he had known in 2002 what he leaders can decide how to use Federal Unfortunately, as with all institu- knew then by 2004, he would have been education funds to improve student tions, the church inevitably faced a pe- against the war. But listen to what he achievement. riod of decline. As the small town of wrote in June of 2005, 2 years ago. We all are seeking the best possible Rowena began to lose population, dif- William F. Buckley. ‘‘A respect for educational opportunities for our chil- ficult times ensued for the church. The the power of the United States is en- dren, and the way to achieve this is to parish school finally closed in the late gendered by our success in engage- let States and local communities be ac- 1970s, and church membership shrunk. ments in which we take part. A point is countable for academic achievement Shaken by these developments, the reached when tenacity conveys not and educational reforms. parish renewed its commitment to the steadfastness of purpose, but With that, I yield back, Mr. Speaker. sacraments, its members and its com- misapplication of pride. It can’t rea- f munity. They reestablished religious sonably be disputed that if in the year ahead the situation in Iraq continues b 2000 instruction, revitalized their parish organizations, and moved into the mod- about as it has done in the past year, IN HONOR OF THE 100TH ANNIVER- ern age. Today, St. Joseph’s is fittingly we will have suffered more than an- SARY OF ST. JOSEPH’S CHURCH led by another immigrant, Father other 500 soldiers killed. Where there The SPEAKER pro tempore (Mr. Bhaskar Morugudi from India. had been skepticism about our venture, HALL of New York). Under a previous 2007 marks St. Joseph’s centennial there will be contempt.’’ order of the House, the gentleman from celebration. The belief of four men led That was William F. Buckley in 2005. Texas (Mr. CONAWAY) is recognized for to the creation of the parish, but it And his main point was, quote, ‘‘A 5 minutes. took the faith of a community to sus- point is reached when tenacity conveys Mr. CONAWAY. Mr. Speaker, I rise tain it. Throughout the last 100 years, not steadfastness of purpose, but today to share with my colleagues a St. Joseph’s has been the rock for the misapplication of pride.’’ Unfortu- small story from a small corner of people of Rowena. It has educated their nately, we are losing our young sol- America called Rowena, Texas. children, guided them through trouble diers at a much faster rate than the 500 The 20th century began with a tre- and saved their souls. a year that Mr. Buckley said would mendous movement of people to west As the parishioners of St. Joseph’s move the American people from skep- Texas in search of good land, oppor- look to the future, I urge them to re- ticism to contempt; 103 U.S. soldiers tunity and prosperity. Among these in- member the rich history that lies in killed in April alone, at least 71 more trepid travelers were many Czech and their past. The legacy of their founders killed through May 21, including 15 this German Americans whose forefathers created in Rowena through service, past weekend, and someone told me 8 had come to Texas to farm, ply trades education and salvation is inspiring. more today. and create better lives. Their descend- The church is woven into the threads Saddam Hussein was an evil man, but ants found these lives in Rowena. of Rowena itself and highlights the his- he had a total military budget only a

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.155 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5693 little over two-tenths of 1 percent of eign policy that forces us on other peo- forth a good-faith effort to root out ours, most of which he spent protecting ple, one that says we are going to run Taliban insurgents in his country, it himself and his family and building Iraq even if the people there want us to hardly seems like a good idea for the castles. He was no threat to us whatso- leave. United States to be selling arms to the ever. The majority of the Iraqi Parliament Government of Pakistan. Mr. Speaker, we all respect, admire has now signed a petition asking us to Earlier this year, Democrats passed and appreciate those who serve in our leave. It is sure not traditional con- H.R. 1, which implemented the rec- Nation’s Armed Forces. As I said a few servatism to carry on a war in a coun- ommendations of the bipartisan 9/11 days ago on this floor, serving in our try that did not attack us, did not even Commission. Included in this bill was military is certainly the most honor- threaten to attack us, and was not language that would end U.S. military able ways anyone can serve our coun- even capable of attacking us. And it is assistance and arms sales licensing to try. I believe national defense is one of sure not traditional conservatism to Pakistan in the 2008 fiscal year unless the very few legitimate functions of believe in world government, even if Pakistani President Musharraf cer- our national government, and certainly run by the U.S. tifies that the Islamabad government one of the most important. However, Mr. Speaker, President Bush, when is ‘‘making all possible efforts to end we need to recognize that our military he ran for office in 2000, campaigned Taliban activities on Pakistani soil.’’ has become the most gigantic bureauc- strongly against nation building. Un- I believe that the U.S. should live up racy in the history of the world, and fortunately, that is exactly what we to this commitment by ceasing the sale like any huge bureaucracy, it does have been doing in Iraq. The President, of arms to the Government of Paki- many good things, of course, always at in 2000, said what we needed was a stan. I fear that if we do, in fact, pro- huge expense to the taxpayer. And like more humble foreign policy. That is vide these weapons technologies to any huge bureaucracy, our military what we needed then, and it is what we countries in unstable regions, such as does many things that are wasteful or need now. Pakistan, they could be used against inefficient. And like any huge bureauc- f U.S. allies, such as India. racy, it tries to gloss over or cover up The SPEAKER pro tempore. Under a This U.S. policy of military sales to its mistakes. And like any huge bu- previous order of the House, the gen- Pakistan will contribute to increasing reaucracy, it always wants to expand security concerns throughout South tleman from Washington (Mr. INSLEE) its mission and get more and more is recognized for 5 minutes. Asia. The U.S. has no way of knowing money. (Mr. INSLEE addressed the House. if these technologies will be used Counting our regular appropriations against al Qaeda and the Taliban, and bills, plus the supplemental appropria- His remarks will appear hereafter in the Extensions of Remarks.) not against India or other peaceful nations, we will spend more than $750 bil- tions. In fact, the government has sim- lion on our military in the next fiscal f ply watched while terrorist groups like year. This is more than all the other U.S. SHOULD NOT SELL ARMS TO Lashkar-e-Tayyaba, or LET, com- nations of the world combined spend on PAKISTAN mitted terrorist acts in Jammu and their defense. Kashmir and other parts of India. The The GAO tells us that we presently The SPEAKER pro tempore. Under a actions within its own country prove have $50 trillion in unfunded future previous order of the House, the gen- themselves not fit for, in this case pension liabilities, on top of our na- tleman from New Jersey (Mr. PALLONE) Pakistan, for receiving these weapons. tional debt of almost $9 trillion. If we is recognized for 5 minutes. Mr. Speaker, although Pakistan has are going to have any hope of paying Mr. PALLONE. Mr. Speaker, I come claimed to be an ally in the global war our military pensions and Social Secu- to the floor this evening to discuss a on terror, it clearly has not taken the rity and other promises to our own contract recently awarded by the U.S. necessary steps to end terrorism in its people, we cannot keep giving so much Government to Lockheed Martin for 18 own backyard. I strongly believe that to the Pentagon. No matter how much Sniper Advanced Targeting Pods, or economic assistance is necessary to we respect our military, and no matter ATPs, to be sold to the Government of support economic restructuring that how much we want to show our patriot- Pakistan. Sniper ATPs allow aircrews will stop Pakistan from becoming a ism, we need to realize there is waste to perform intelligence, targeting, sur- breeding ground for terrorists. in all huge bureaucracies, even in the veillance and reconnaissance missions At the time after 9/11, when we de- Defense Department. from extended standoff ranges. cided that we would allow economic as- There is a reason why we have always Mr. Speaker, I believe it is irrespon- sistance to Pakistan and development believed in civilian leadership of our sible for the U.S. Government to sell assistance, I was all for it because I Defense Department. The admirals and high-grade weapons technology to think it makes sense; that’s the way to generals will always say things are Pakistan, a nation that has turned a lead to a democratic and stable Paki- going great because it is almost like blind eye to the increasingly dangerous stan. But military assistance is an- saying they’re doing a bad job if they Taliban insurgency in the western re- other matter. Allowing this sale sends say things are not doing well. And the gion of its country. the wrong message, I think, particu- military people know they can keep Numerous press accounts in recent larly in the climate that we live in getting big increases in funding if they months have discussed the growing here today, and what Pakistan has are involved all over the world. How- presence of Taliban training camps and been doing in not living up to its part ever, it is both unconstitutional and bases in the tribal regions of western of the deal in fighting the Taliban. unaffordable, and, I might add, Pakistan that border Afghanistan. Just unconservative, for us to be the police- last week, in the port city of Karachi, f men of the world and carry on civilian over 40 people were killed, with even government functions in and for other more injured during 2 days of gun bat- APPOINTMENT OF MEMBERS TO countries. tles and mayhem in response to an BOARD OF VISITORS TO THE National defense is necessary and antigovernment rally. Most reports UNITED STATES MERCHANT MA- vital. International defense by the U.S. claim that this violence against pro- RINE ACADEMY is unnecessary and harmful in many testers was perpetrated by the The SPEAKER pro tempore. Pursu- ways. Now we are engaged in a war in Muttahida Quami Movement, or MQM, ant to 46 U.S.C. 51312(b), and the order Iraq that is very unpopular with a big which is an ethnically based Mafia al- of the House of January 4, 2007, the majority of the American people. More lied with Pakistani President Chair announces the Speaker’s ap- importantly, every poll of Iraqis them- Musharraf. pointment of the following Members of selves shows that 78 to 80 percent of In a country that claims to be some- the House to the Board of Visitors to them want us to leave, except in the what democratic, the actions of the the United States Merchant Marine Kurdish areas. They want our money, MQM and President Musharraf seem to Academy: but they do not want us occupying be just the opposite. Coupled with the Mrs. MCCARTHY, New York Iraq. Surely we are not adopting a for- Pakistani President’s refusal to put Mr. KING, New York

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.158 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5694 CONGRESSIONAL RECORD — HOUSE May 23, 2007 b 2015 Senate in fighting with the White fed up with it, and that is why tomor- THE 30-SOMETHING WORKING House and bringing about the kind of row we are going to be considering lob- GROUP accountability that the American peo- bying reform and ethics reform, so that ple have called for. we can inspire the confidence of the The SPEAKER pro tempore (Mr. You heard me say here on this floor American people once again in their MURPHY of Connecticut). Under the in the past, Mr. Speaker, that there leaders, both as individuals, because Speaker’s announced policy of January have been bills that in the spirit of the traditionally they have said to poll- 18, 2007, the gentleman from Florida bill, I voted for those bills, but as it re- sters that they support their Member (Mr. MEEK) is recognized for 60 minutes lates to the substance of those bills, I of Congress, they like their Member of as the designee of the majority leader. have had a few problems with the lack Congress, but they can’t stand the in- Mr. MEEK of Florida. Mr. Speaker, it of accountability. That is paramount stitution. is an honor to be here on the floor to- now in this bill that hopefully will pass That is a sad state of affairs. We need night. It is like old times, Mr. RYAN the House floor tomorrow. There are to make sure that our institution, the and Ms. WASSERMAN SCHULTZ. And we benchmarks. There are reporting peri- one we are proud to serve in, is one have the gas pump there, and it is just, ods that the President has to report that the American people can be proud you, know a wonderful feeling. back to the Congress. In September, we of as well. There has been too much Mr. Speaker, just to see you in the will be coming in for a landing and corruption here, unfortunately led by Chair there inspired me as an Amer- making some real decisions. individuals formerly in the leadership ican to continue to be a part of this The Iraqi Parliament, as you know, in this institution on the other side of great democracy of ours. Our good Ms. WASSERMAN SCHULTZ, they have the aisle for far too long, and we need friends from the Clerk’s office and the been holding quite a few conversations, to take some significant steps to clean Capitol Police and all the folks that as a matter of fact, talking about going it up, which is why we are going to be make it possible for us to be here to- on vacation for 60 days. The Defense considering this legislation on the floor night, we are just forever appreciative. Minister called his Ministers together tomorrow. As you know, in the 109th and 108th to plan for an immediate U.S. with- We also talked about during the cam- Congress, this was the trio here. Ms. drawal of troops, because I believe they paign and leading up to, and now since WASSERMAN SCHULTZ brought quite a know with this new Congress in place, NANCY PELOSI, our Speaker, took of- bit of class to our operation. She came the days of the Iraqi Government draw- fice, that we are going to implement in the 109th Congress, and, Mr. RYAN, ing down on the taxpayer dollars, the the priorities that were important to we started to wear better ties and U.S. taxpayer dollars, without account- the American people, including the study more so that we could keep up ability, are over; and if they are not minimum wage. We passed our ‘‘Six in with an educated policymaker. willing to reform themselves, then we 06’’ agenda in the first 100 hours that Mr. RYAN of Ohio. I started wearing should not be willing to have our men we were in the majority. The minimum pink ties, because we had the whole and women on the streets of Iraq fight- wage was part of that. The implemen- goddess thing going on. ing on behalf of safety and patrolling tation of the 9/11 Commission rec- Mr. MEEK of Florida. Mr. RYAN the streets, when the Iraqis are not ommendations was a part of that. Mak- started wearing his pink ties, which doing what they are supposed to be ing sure that we could repeal the $14 my daughter always says, real men doing. billion in subsidies that we gave away wear pink. That is actually salmon, With that, I will yield to one of my to the oil industry under the Repub- but we won’t talk about it. good friends. I will yield to Ms. lican leadership, that was a part of Mr. Speaker, in all seriousness, we WASSERMAN SCHULTZ, who is a very that package, and a number of other have an awful lot of business that will good friend, and then Mr. RYAN comes provisions. be taking place in the next 24 hours. in after her in my friendship. Our priorities since taking control of We are approaching Memorial Day, and Ms. WASSERMAN SCHULTZ. You the House of Representatives have been there have been a lot of reports about have just known me longer. a reflection of the priorities of the the Iraq emergency supplemental. Thank you, Mr. MEEK. It is a pleas- American people. There has been a lot of discussion ure to be here. We have been trying to We have been interacting with this about lobbying reform. There has been get the three of us back together again. President, which in my experience the a lot of discussion about the reauthor- It is a good problem to have. We have only thing I can analogize it to, Mr. ization of the agriculture bill. But I a lot more on our plate now that the RYAN, is like trying to move an ice- can tell you one thing, Mr. Speaker: Democrats are in the majority. The berg. This is a person who occupies the Unlike previous Congresses, the work other good part of our problem is that White House now that seems to have is being done here by those of us that we have expanded the active members no respect for the system of checks and are under the dome, doing what the of the 30–Something Working Group, balances, no respect for the fact that people of America sent us up here to with the Speaker that is in the chair the Founding Fathers created three do. this evening and a number of other branches of government that were con- As we talk about the war, I think it Members, Mr. ALTMIRE, and we are sidered coequal, and that he was not is important to know that the issues in really happy about that. elected king of this country. The Iraq and Afghanistan are very, very se- But I am glad the three of us were Founding Fathers very definitely in- rious to all of us here, to all of us in able to come back together this tended for us not to have a monarchy, Washington, D.C., and Americans evening to continue our effort to speak not to establish a monarchy, and he throughout the country, and especially to both our generation and to the doesn’t get to just decide what is going the family members of those serving in American people, the rest of the Amer- to happen, particularly when it comes Iraq and Afghanistan. We always give ican people, about our concerns and the to war and executing the powers of the this report. As of 10 a.m. this morning, Democratic new direction that we have Presidency. He does have to have input the death toll in Iraq as it relates to been successful in moving in since No- from us. the men and women in uniform is 3,424; vember 7th when we were victorious in I can tell you from my perspective, I wounded in action and returning to the election and when the American think from your perspective, Mr. MEEK, duty is 14,073; and wounded in action people indicated to this Congress that and Mr. RYAN as well, that this is the and not returning to duty is 11,476. I they wanted to move in a new direc- beginning of the end. The actions we think it is very important that we pay tion. have taken, insisting upon him not very close attention to those numbers. We struggled through the last num- having a blank check and ending the The days of six supplementals pass- ber of years. Gradually, and unfortu- blank check and the open-ended coming off of this floor, half a trillion dol- nately a cloud hung over this institu- mitments that have been there, it is lars spent and no strings attached to tion and this Capitol, a culture of cor- the beginning of the end. any of those appropriation dollars, ruption had developed, Mr. RYAN, and Mr. RYAN of Ohio. While we are hit- those days are over. I am very proud of we just could not allow it to continue ting on the war, I think it is important the leadership in the House and the any longer. The American people were for us to maybe go back and reevaluate

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.161 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5695 why the Democrats have the position never did say there was any connection so almost 400,000 less than prewar proof redeploy out, wind this thing down, between Saddam Hussein and al Qaeda. duction. and I think it is important for us to go Now, yesterday and this morning at Unemployment rate in Iraq went through some of the numbers. the Coast Guard Academy graduation, from 20 up to 40 percent in December of Mr. MEEK had already mentioned the now, finally, how many years into it, 2006. This problem has increased. I number of troops killed. We have had he can hang his hat on there being a know our friends on the other side of another nine that were killed in the connection between al Qaeda and our the aisle continue to try to tell us last couple of days, and our hearts and involvement in Iraq. there are improvements, but the statis- prayers go out to all the families that Why? Because he created that situa- tics tell us otherwise. have been affected by this and who tion there. Because we created an incu- Mr. MEEK of Florida. Thank you, have lost soldiers over there. The most bator and a hotbed that is an environ- Mr. RYAN. Mr. RYAN, you gave one heartbreaking thing we have to do is ment for that. Of course, if you have a great floor speech when you came down go to these funerals and see a 20-year culture like that, and I mean the cul- and said these are the same people who old kid who has been married for a year ture in which bacteria will grow, just told us we will be greeted as liberators. with a 7-month-old son or daughter. like a petri dish, if you create a petri These are the same people who told us It is heartbreaking when we don’t dish like that and culture it, of course oil revenues will be used to pay for the even know what winning is. Ask the you are going to see the bacteria grow. war. These are the same people who President. What is winning this war? If you create an environment in which told us this will be a sweeping mission. What does that mean now? We can’t bacteria can grow, it is going to ex- These are the same people that told us really get an answer from the Presi- plode like wildfire. there were weapons of mass destruc- dent. No wonder. It boggles my mind why tion. These are the same people that But a couple of things, why we think he believes that what he is saying is told us there was a connection between the President and his policies have not transparent to the American peo- Saddam Hussein and al Qaeda. These made this situation worse. The number ple. It certainly is transparent and evi- are the same people that went on and of insurgents in Iraq in 2003 was 5,000. dent in the polling numbers, because he on and on. You can go on YouTube and The number of insurgents in Iraq in has literally an approval rating in watch it. I remembered and watched it, March of 2007 is 70,000, all Sunni, most- terms of the way he has handled this and I thought it was one of your better ly Sunni. What I love now is the Presi- war that is below 30 percent now. speeches on the floor. I will reserve dent is starting to say, Mr. Speaker, You would think that politically we comment on how many you have made, ‘‘bin Laden is now saying we need to would delight in that as Democrats. but that is one of the better ones. Mr. RYAN, it is very unfortunate that attack Americans in Iraq. See why we But it actually makes me sad, because right now we are breeding terrorists, got to stay there?’’ how can a President be effective on any people that will dislike the United No kidding. Right? No kidding. Bin other issues when he clearly won’t even Laden? Of course. We have 150,000 sol- States of America for the rest of their be able to get the American people to lives. That wasn’t our mission in Iraq, diers in a war zone. Of course, bin listen to what he is saying because Laden is going to say go hit them over and that is the reason why, before the they are so soured on the direction election, a majority of Democrats were there. that he has taken this country? That saying, and some Republicans were But the problem is that we are cre- makes it very difficult for us to even ating more terrorists. And if you are saying, that we should redeploy our reach out in a bipartisan way and at- troops to the peripheral and not do the trying to win the hearts and minds of tempt to work with him, because he people, okay, the number of civilian street patrols in Iraq. has no credibility at all. He has his How are we losing our troops? Going casualties in Iraq since the invasion, own party Members who are finding it door to door, kicking in doors, riding estimates range from 54,000 to 76,000. very difficult to do anything in terms down the streets. IEDs are blowing up Those are innocent civilians in Iraq. Do of their agenda domestically, and we and killing many of our men and you think we are going to be able to go don’t see any outreach. He has created women. They are not being killed in over there and win their hearts and an impossible situation, Mr. MEEK. the training missions. I haven’t heard minds if we are killing innocent civil- Mr. RYAN of Ohio. If I could just say, one casualty, maybe there has been ians with the bombs we are dropping? as we have increased the number, the one, but I haven’t heard of one cas- This needs to be won diplomatically. incubation that a lot of our friends on ualty of any of our men and women When it needs to be won diplomati- the other side have supported, where training Iraqi troops in how to protect cally, it becomes very difficult when more and more not only insurgents, their country and how to protect their you have 50,000 to 75,000 civilian casual- but as Ms. WASSERMAN SCHULTZ has own streets. ties. said, more and more al Qaeda, more Case in point, let me paint this pic- One more thing, and then I will wrap and more terrorists; so if you have a ture because I think it is important as my portion up here. The average daily situation where you only have, for the we debate this emergency supple- number of daily attacks by insurgents sake of the example, 100 al Qaeda, and mental. When you look at the fact that in July of 2003 was 16 daily attacks in then we have the war, and now we have the U.S. troops with the flag on their 2003. The number of daily attacks by 1,000 al Qaeda, and then the President shoulder kicking the door searching for insurgents between November of 2006 says well, we need to fight them over the three that were missing, going door and February of 2007, 149. From 16 to there or they are going to come over to door, those children, that son, that 149. We are aggravating the situation. here, we have 900 more coming gunning grandfather, that mother will say that We are making it worse, and the surge for the United States because of the in- the United States kicked my door in. is making it worse. ability to actually execute this war. How do we get to this point, I am inno- I yield back to my friend. b 2030 cent and we are laying on the floor at Ms. WASSERMAN SCHULTZ. Thank 2 a.m. with semiautomatic weapons you. What we are doing, you are abso- To say we are making progress, and pointed at my family? Those individ- lutely right, Mr. RYAN, is creating an we have some amazing ability to find uals end up listening to the rhetoric of incubator for al Qaeda. That is exactly some of this information out, the num- radical terrorist groups that are say- what has occurred. In fact, if you re- ber of hours per day of electricity in ing, they are not here for you, they are call, we heard a few years ago a lot of Baghdad prior to the war was between here to terrorize your family. back and forth from the President 16 and 24 hours a day. Now in May of That is why we have to get out of the about whether he did or didn’t say that 2007, the number of hours per day aver- position of this door-to-door and the reason that we actually went into age 5.6 hours per day. That is feeding street-to-street combat in Iraq when Iraq was because of the connection, the problem that we are having over the Iraqis themselves should be car- supposed connection, between Saddam there. rying out that mission. It is so very, Hussein and al Qaeda. Then I know Production of barrels per day prior to very important. Tony Snow, the White House Commu- the war, 2.5 million. Production of bar- Like I said, six emergency nications Director, has said no, we rels per day in May 2007, 2.16 million, supplementals, half a trillion dollars of

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.161 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5696 CONGRESSIONAL RECORD — HOUSE May 23, 2007 blank checks to this administration; tomorrow should understand that this WASSERMAN SCHULTZ, I think we should no more. That is the reason why we are is a major accomplishment in the ef- commend every American for being fo- having benchmarks. That is why the fort in taking away what the President cused on this issue of Iraq and encour- White House has to come here and re- has had for the last 5 years: a blank age a discourse. port to Congress. check, do as you want to do, Donald I was out behind the Chamber today I heard one of the Republican Mem- Rumsfeld and all of them. on the balcony, and I noticed a person bers say we are supposed to receive re- As Mr. RYAN says, as I close on this out there on a bullhorn saying, ‘‘Stop ports. Well, that is a revelation. Here point, the real issue here is the truth the war.’’ I wasn’t bothered by that be- we are in charge of the Federal purse. will surface. Some of it has already cause the men and women that we are We are responsible. We are the board surfaced, and a lot of it will continue going to celebrate on Monday fought members, if you want to put it that to surface as we learn more about what for that lady to be out there saying way, over the U.S. Treasury, and all of the Congress was not told and as we what she was saying. a sudden now many of our Republican learn more about what we were told in- Ms. WASSERMAN SCHULTZ. That is Members are saying, yes, we are sup- correctly. And as Americans reflect what it is all about. posed to receive reports. back on this time, they will see some Mr. MEEK of Florida. That is right. That should have been happening of the worst misinformation and se- That is what it is all about. And this is from the beginning. Maybe then the crecy at a time of war and a time of not a kingdom, this is a democracy, we death toll wouldn’t be what it is, and economic strain on this country. have to tolerate one another now and maybe we may have more coalition We have borrowed more from foreign then, but we have to make sure that we partners in this effort if it was run nations than we have ever borrowed in make sound decisions on behalf of the right from the beginning versus send us the history of the Republic; and still, Republic. a blank check and don’t ask any ques- we have Members standing here asking Ms. WASSERMAN SCHULTZ, I yield to tions. what is wrong. Well, the reason we are you. So the President can say what he in the majority on this side of the Ms. WASSERMAN SCHULTZ. Thank wants to say. Memorial Day is coming aisle, we are very busy leading on be- you, Mr. MEEK. up. We have men and women who have half of the American people, is a per- I have to tell you, I have thought re- laid down and sacrificed. Many of them fect example of what is wrong. cently when people come up to me, you The American people know what is have paid the ultimate sacrifice. Many would think that there are people that going on. I am not talking about a of the men and women that fought would say, DEBBIE, KENDRICK, TIM, bunch of proud Democrats. I am talk- with them remember those who paid what does it really matter? We have ing about Independents and Repub- the ultimate sacrifice, and still we are been spending billions of dollars for the licans and those who have never voted here playing games with the democ- last 5 years. We are over there in Iraq. before in their life, they decided to get racy that they allow us to celebrate Yeah, the American people are opposed involved and vote. If this was just today, under what we may call king- to this, and we are in a pretty bad situ- about politics, we would just go home dom politics of the President feeling ation over there, and there doesn’t ap- or be in our offices doing the things we pear to be any end in sight, but how that you shouldn’t ask any questions; I need to do for tomorrow, and let the does this affect my life? At the end of trust my advisors, and I trust the gen- Democratic majority get bigger and the day I am eating, my children are erals in the field. bigger because we would lead the Re- Well, I trust the generals in the field, eating, they are going to school. Iraq is publicans to doing and saying what too. And I have a level of trust for the far away, and it is not impacting me they have been doing all along. administration, but the track record But this is bigger than politics. This whether we continue the war in Iraq or doesn’t support don’t ask any ques- is about our democracy. This is about don’t continue the war in Iraq. tions; we don’t need any strings at- our finances here in the country, and Gradually day by day, the percentage tached; you are trying to take my this is about saving U.S. lives that are of people that don’t feel that way, that power away. We are not trying to take in harm’s way right now when we can get it, that understand what the im- power away, we are just trying to work out a better plan and force the pact is, not just on the perception of make sure that the Federal tax dollar Iraqi Government to take the responsi- America in the world, but what the do- is spent in an appropriate way and we bility of their streets, take the respon- mestic day-to-day impact is, is grow- save as many American lives as possibility of their patrols, and make sure ing. sible. that they meet benchmarks just like Besides the President’s popularity Ms. WASSERMAN SCHULTZ, no one, every U.S. mayor has to meet with ratings, which are in the toilet, we Democrat or Republican, should apolo- Federal dollars, just like every U.S. have a situation here where people are gize for what is going on right now in Governor has to meet when they are realizing, for example, that our Na- Washington, DC. I think many of our spending Federal dollars. Just like tional Guard is unable to be 100 percent friends who believe we should be out of every U.S. agency should be account- ready to take care of us and do the job Iraq tomorrow, we should send every able to the taxpayer dollars, the Iraqi that we actually created the National plane we can possibly send, take our Government and those in the Iraqi Guard to do. troops out, redeploy our troops and Government should be just as account- Mr. MEEK, next Friday is June 1, the just leave it as is, there is a process in able and greater with the U.S. taxpayer official start of hurricane season, even doing that. We are going through that dollars. though we have had activity a few process right now. A lot of it is very I don’t want to get all emotional, weeks in advance of the beginning of painful. like Mr. RYAN said, but I can’t help but hurricane season. And yesterday NOAA Some say, why are you giving the do it when I think about Memorial Day came out with their prediction on how President another opportunity to con- coming up and when I think about the busy this storm season is likely to be, tinue this war and continue to fight veterans’ benefits that we have in the and their prediction is 10 to 14 named this war? Haven’t you learned over the emergency supplemental. storms, and a good chunk to be in the last 5 years that the strategy they are We have some folks saying we category 3, 4 or 5 category. using is a combat strategy, not a diplo- shouldn’t have any domestic spending We have a National Guard that has matic strategy, not making sure there in here, and we have troops coming equipment that is still over in Iraq, are benchmarks on the Iraqi Govern- back and still waiting a long time to and when it does come back, it comes ment, and they had that opportunity. get their service. It was the Democrats back in such terrible shape, it isn’t I encourage, Ms. WASSERMAN that put forth the dollars to make sure going to be ready to take care of Amer- SCHULTZ, when we do get a bill on the that Walter Reed was repaired. That is icans who are in need after the after- floor, we do have a number of Repub- also in this emergency supplemental. math of a natural disaster. That is a licans voting on behalf of this next sup- We will talk a little more about that as direct result of our inability to extri- plemental, and a number of Democrats we move along. cate ourselves from Iraq, our inability voting on behalf of the supplemental. I know we are going to talk about to hold the Iraqi Government account- And those that feel the war should end gas prices in the time left. Ms. able, to establish benchmarks, to make

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At that point, and that they don’t have an open-ended but I want to share with you that you lost control and it went all down- commitment and a blank check even many of our men and women are fol- hill from there. after the Iraqi Parliament, Mr. RYAN lowing the duty that we’ve asked them But my point is that you talk to and Mr. MEEK, have indicated that to carry out, and they trust us that we these soldiers who are on the ground, they don’t want us there anymore. will ask the questions that we should and they see that they can’t handle There was a resolution that came out ask here in Washington, DC and carry this situation the way it is and that of the Iraq Parliament that indicated it out. the only way to do it is through diplo- they didn’t want us there. There is an I just want you to respond to that be- macy, is to try to patch up some of incredible frustration among the Iraqi cause I know that you have some words these political problems, which gets people about our being there. There is of wisdom, especially on that end, in worsened because of the innocent civil- a worldwide concern about our pres- all seriousness, because it’s just simple ians that are dying in Iraq, which ence there; and, most importantly, the common sense to do the things we makes them not like us. American people want us to bring the should be doing. It does not take a Ms. WASSERMAN SCHULTZ. Like troops home so that we can refocus the rocket scientist, and you don’t have to happens to you sometimes, my blood is attention that we are paying in Iraq on be a four-star general to understand starting to boil because all that it training those troops to stand up on that what we’re doing is not working. takes, I’m sitting here listening to this their own and for the Iraqi Government And to say let’s keep doing it and de- back and forth that we’re going to function on their own. classifying information and saying this through here and example after exam- Mr. MEEK of Florida. I have a ques- is the reason why I did this, this is the ple about the reasons for the American tion for Mr. RYAN. reason why I did that, it still does not people’s outrage, for our outrage, for Ms. WASSERMAN SCHULTZ. And, equate to why we’re still doing the our persistence in trying to move this Mr. MEEK, I would have segued into the same thing and expecting different re- iceberg and get some progress and end issue of our skyrocketing gas prices. sults. the blank check and establish some ac- I will use this analogy before I yield countability. b 2045 to you. It’s almost like going to the re- You know, it’s very simple. All the Mr. MEEK of Florida. We will. frigerator and taking out a carton of President has to do is be a diplomat Mr. RYAN of Ohio. Chief cardinal, milk, taking a smell of the milk and himself and agree to come to the table too, so if she wants to talk about gas, saying, wow, it’s sour, I will put it and compromise and negotiate and end I want to talk about gas. back in and maybe it’ll be fresh tomor- the my-way-or-the-highway politics. He is not king. Yes, he was elected Mr. MEEK of Florida. You know row. It works against logic. what they say. They have Democrats And what’s happening now is that the President, but he was elected to one and Republicans and members of the strategy that the White House has branch of the government, which, the Appropriations Committee, and I hap- works against logic, but unfortunately, way our government is set up, is de- pen to be on the floor with two of it would be okay if it was just an indi- signed to work coequally with this them. One is a cardinal and one thinks vidual, but it’s dealing with U.S. lives. branch of government. He has disdained the legislative that he’s actually running the country, I know all of us want to save lives, but branch, and this is the representative but I would say that as we continue to we have to make sure that we do everybody of the United States of America. talk about this, especially in Armed thing we can to send a message to the The people who elect us elect us to be Services, and Chairman Ike Skelton White House, and also man up and has done an excellent job in the defense their voice. They elect one person, an woman up here in Congress, and be executive, and they elect 435 of us so authorization bill, getting us to a read- leaders in that direction towards safety iness stage where we can deal with the we can have a collective diversity of and accountability and moving the opinion and that the result in terms of issues, Ms. WASSERMAN SCHULTZ, that Iraqi issue in a new direction. the outcome of policy is a combination you outlined. Mr. RYAN of Ohio. All we really have of that diversity. And he has no respect These are very important issues, es- to do is talk to some of the soldiers pecially the Gulf Coast States or any for it, and that’s why his numbers are who are over there and who have come where they are. That’s why the support State that has a, Kansas for instance, back, which I’m sure most of us have. for this President, the bottom has it has a natural disaster or have a dis- And when they explain what’s going on dropped out of it. aster where they need the National on the ground, it’s mind-boggling to And that’s why over the next several Guard to have the equipment that they think in cities of 140, 150, 160, 170,000 months we will push this iceberg with need, it’s in that authorization bill, we’ve got American troops, for exam- all our might, and I can feel it, that and I want to thank not only my col- ple, on the west side of the city, with their ability to continue unabated with leagues on the committee but also Mr. 1,000 Iraqi troops on the west side of the disdain and disregard that this ad- SKELTON for all of his hard work on the the city, and 1,000 on the east side and ministration has shown for the Amer- authorization end. 1,000 Iraqis; 2,000, 4,000 total for the ican people and our opinion, it will But I think it’s also important for us whole city, 2,000 of the 4,000 being come to an end and it’s going to come to note that our mission, we talk about American. How are you going to con- to an end in a fashion that we will help redeployment. We’re talking about re- trol a city of 170,000 people? And a bring about the change that the Amer- deployment and deploying a diplomatic surge of an extra 1,000 or 2,000 is not ican people ask for. And that is the corps to work with the Iraqi Govern- going to make a difference. It’s going only way that this is going to happen, ment and have a surge in diplomacy or to make it worse. if we continue to fight, we continue to an escalation in diplomacy. Why can’t This surge is not the first time we’ve push hard, we make sure that we go we get other countries to join us? Well, tried this. This is like the fourth time, out to our communities like we will all why would they want to join something and every time that we’ve tried a surge do next week. that is going to create more terrorism in certain areas there has been an in- I know I’m having a town hall meet- or terrorists in their country? That’s crease in the number of daily attacks, ing next Wednesday in my district to what we’re doing, and so I think it’s not a decrease, because it incites the talk specifically about the war in Iraq important for everyone to understand area, and you still don’t have enough. and how people feel about it, get their that. And we’ve all said from the begin- feedback, talk about the other issues And I share that with my constitu- ning, if we went in there with 3- or that are important to them, because ents when I go out to speak to them. 400,000 troops, where we were able, people are tired. They’re tired of the We’re in here having this meeting here, after the statue fell, to secure the war. They’re sick of the deaths. we’re sitting in this living room, and State, to secure the country of Iraq, They’re sick of the death toll, and they someone kicks in the door and come in that would have been a different story, want us to be able to talk about how and do a security search; how would and all the looting was going on and we’re going to expand health care. you feel? Who would be responsible for the museums and everything, and then We have the SCHIP program that we that? You would be outraged. Secretary Rumsfeld said, well, they’re need to reauthorize later this year. We

VerDate Aug 31 2005 05:42 May 24, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.164 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5698 CONGRESSIONAL RECORD — HOUSE May 23, 2007 have 9 million kids that we need to find tion even though it’s not as far as we took office. This chart will illustrate the money to cover. We have to make want to go. that the average price per gallon on sure we can reduce the cost of health But I think this is a call, Mr. Speak- January 22, 2001, at the beginning of care for small businesses. We have a er, for the citizens of this country to the Bush administration, was $1.47, and deficit that has ballooned out of con- step out and step up, not the ones that then as of May 21, 2007, just a couple trol, that we’re trying to get a handle we see wearing the pink, not the ones days ago, the average price per gallon on, no thanks to our friends on the that we see with the bull horn, but if today is $3.22. other side of the aisle. we’re going to end this war, it’s going Now, what that means is that We have a lot to do, a long to-do list, to be average people who support our amounts to real money. When you’re and it would be great if the President philosophy but have yet to say any- talking about it costing 20 or so dollars would just recognize that we all need thing, and not in your district or my to fill up your tank or $25 to fill up to work together and end his disrespect district but in districts where their your tank, that’s a manageable for the American people and for the representatives come down here and amount of money. democratic process because it’s gone on support the President. b 2100 for far too long. And we have a lot at You can’t sit on the sidelines on this stake here. one, not as a politician, but as a citizen But when you get to $50, $50, Mr. And I just have reached my level of you’ve got to come out here and help MURPHY, is an amount that I think frustration. I know my constituents us do this, and I think there needs to about. I mean, when I am faced with have, and that’s why I’m proud of our be a direct call to a action. paying a bill that’s $50, that’s real caucus because we have hung together. Just to let you know, Mr. Speaker, money to me. To me, that gives me We have stuck together and pushed and we are sending a letter to the U.S Con- pause. I have to make a decision, nor- pushed and pushed each other so that ference of Catholic Bishops from me mally, about other things unrelated to we can get behind a policy that not all and several other Members, asking things that I absolutely have to have of us are 100 percent behind. Everybody them to reengage the war issue; that like gas, about whether or not I am didn’t get their way with the legisla- this is the issue of our day and that going to actually spend $50. Do I have tion that we put forward with bench- they need to be more active and they the money? What else will I not be able marks and timelines. But you know need to get involved in their local par- to buy if I spend $50 on this item? what? That’s what this representative ishes and demand that their citizens Gas is not like that. Gas is some- get off the pews and start participating body that we were elected to is all thing that’s not optional. You have to and getting legislators to move off the about. It’s about compromise and it’s drive your kids to school. You have to dime. We’ve got to do this by Sep- about standing up for the people who make sure you can get your car to the tember, or in the fall while we’re begin- don’t have a voice. They elected us to grocery store. If you don’t go to the ning the process for 2008. Or we’re be their voice and I have been very grocery store because you don’t have going to continue to be here and legis- proud to be a Member of this institu- gas, your family doesn’t eat. If your lators are going to continue to get tion, really proud of our Democratic kid is sick and you can’t fill the gas away with voting to support the Presi- leadership. tank, then you can’t take them to the dent when 71 percent of the American And I’m just hopeful that we can get doctor, and they get sicker. How are people don’t think he’s handling this beyond this war and start talking you going to get them to the emer- job properly. gency room if they get so sick that you about things like the $3.22 a gallon Ms. WASSERMAN SCHULTZ. I think that our constituents are paying, on need that kind of health care? Those you are right. I think also, as the sum- are real problems that Americans face average, for their gas as we approach mer begins and then wears on and we the summer season as well. when gas prices reach that point. have an opportunity in the summer- What we are doing in the Democratic Mr. RYAN of Ohio. In a very prac- time to go home and spend some time Caucus and as we continue to fight to tical way, we’re pushing. I mean, I in our districts and interact with our move this country in a new direction is think this Congress has done every- constituents, that the issues that pile we are working on an energy package thing that it can do, but if we’re not up, at we’re going to have a difficult that we will bring to the floor by July getting any help from our Republican time dealing with, because we are still 4, an energy independence package that friends, a couple have shown great mired in this hopeless war in Iraq, are will ensure that we can crack down on courage to try to end this thing, but going to continue to fray the patience price gouging, like the legislation that not getting the support where we can of the American people, and I think our we passed off this floor yesterday, that override the President’s veto. friends on the other side of the aisle we can really start to respond to the Now, this is the stark reality that is will hear from their constituents. frustrating for all of us, the Speaker I I keep wanting to move a little bit oil cartel and make sure that they are know for sure, and all of us, is that and talk about gas prices, and I’m pursued for the antitrust violations we’re trying to end this war. The first chomping at the bit to do that because that they engage in, and that we really bill we passed had a hard deadline. The you’ve heard me talk about this before. invest in alternative energy. second bill we passed had a goal to get I’m one of those minivan moms. I drive The President’s remarks during the out. The President still vetoed that, my kids around in my minivan to soc- State of the Union last year were just Mr. Speaker, and we’re trying the best cer games and to school. And last sum- words. When he referenced his desire to we can within this institution to move mer when we were frustrated with the see America end our addiction to for- this iceberg, as you say. rise in gas prices, I remember explod- eign oil, nice words, but no action to But the President consistently vetoes ing on the floor here talking about how speak of. Nothing that I can see in any these bills that we’re trying to pass. it cost over $55 to fill up my gas tank. policy is reflective of the words that we And so now we’re to the point where And then, of course, conveniently, heard in this Chamber during that we’ve got to figure out what’s the best right before the election, the prices State of the Union. We, on the other we can do, and it looks like the best we came down again. I’m sure it had noth- hand, are going to make a difference. can do is try to get him to at least ing to do with the fact that an election Mr. MURPHY. have these benchmarks that are in was imminent, and I’m sure the oil in- Mr. MURPHY of Connecticut. Thank there, report back in September, July dustry didn’t do anything deliberate to you for letting me come down here for and September, with some of this, and ensure that that would happen. just a couple of seconds and add my get our veterans the support and the But amazingly it is now May and voice to the chorus here. funding they need. those gas prices have not just crept but You are absolutely right. When you Nobody likes that. I don’t like it. I leapt back up, and I want to just share are talking about something as essen- don’t even know if I’m going to vote with you the timeline that has existed tial as gas for people driving to and for it, to be quite honest. I’m so frus- since this administration took over in from work bringing their kids back and trated with the President at this point, the executive branch. forth to school, it’s not an optional ex- but we’ve got decisions to make as to We are now paying more than double penditure. Now, in Connecticut we love can we take a step in the right direc- for gas than when President Bush first to say there is another choice, people

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I want to thank you and I just saw a statistic today that said about gas prices and not see much ac- Mr. RYAN. in Waterbury, Connecticut, in the tion at all from Congress to a time now Mr. Speaker, I want to thank you for heart of my district, that one in six where we are still going to complain your time here on floor. It’s always an people in public housing are spending about it, but we are actually going to honor for us to address the House of 66 percent of their income on rent, 66 have a group of people here in the Representatives. percent of their income on rent. There House and Senate and step up to the f is not much left for food. There is not plate and do something about it. COMMUNICATION FROM CHAIRMAN much left for medicine. We know they Ms. WASSERMAN SCHULTZ. We are OF COMMITTEE ON TRANSPOR- have to pay more for medicine because wrapping up in a few minutes, but I TATION AND INFRASTRUCTURE less of them have health care. There is have got this gas tank replica here, certainly not a lot left for transpor- which is pretty ancient-looking. It’s The SPEAKER pro tempore (Mr. tation costs. This is hitting at the actually decrepit itself. I bring it with MURPHY of Connecticut) laid before the heart of the American middle class, at me to the floor because it is the only House the following communication the heart of the American working explanation that I can find as to why from the chairman of the Committee class. our good friends on the other side of on Transportation and Infrastructure; In just a second we will show a chart the aisle and this President seem to- which was read and, without objection, that would suggest that the reason for tally unresponsive in trying to address referred to the Committee on Appro- these increased prices at the pump is this problem and work with us. priations: certainly not that the oil companies My only explanation is that perhaps HOUSE OF REPRESENTATIVES, COM- are crying poverty, certainly not be- they don’t pump their own gas, or per- MITTEE ON TRANSPORTATION AND cause the bottom lines of American oil haps the last time they actually filled INFRASTRUCTURE, companies and national oil companies their own tank, and saw that ticker, Washington, DC, May 18, 2007. Hon. NANCY PELOSI, are hurting. It is hard to understand and realized how much it cost to fill up Cannon House Office Building, with the record profits, year after year. a tank is when gas pumps look like Washington, DC. The last 3 or 4 years, every year, comes this. That’s my only explanation, given DEAR SPEAKER PELOSI: I am writing to in- new record profits for these oil compa- this is the 30-something Working form you that the Committee on Transpor- nies. How on Earth can we continue to Group. Maybe it has been since the tation and Infrastructure approved thirteen see these prices go up? 1950s that they filled their own tank, survey resolutions for the U.S. Army Corps I just want to say one more thing unlike the people that we represent, of Engineers at a Full Committee Markup on that was touched on. We have to talk May 2, 2007. who are trying, struggling to fill their Pursuant to the provisions of 33 US.C. § 542, about what national independence tank every day. I have enclosed the resolutions for your re- means, dependence on oil means for na- We are going to continue to back up view. tional security as well, over 170,000 bar- our words with action. I look forward With all best wishes. rels of oil from Saudi Arabia in 2006 to working with my colleagues in the Sincerely, and other OPEC countries. If you want 30-something Working Group under the JAMES L. OBERSTAR, to talk about why we can’t bring a leadership of our Speaker, NANCY Chairman. country like Saudi Arabia to the table, PELOSI. RESOLUTION—DOCKET 2768—MOSS LANDING have a conversation about why they Mr. MEEK of Florida. Very good. As HARBOR-ELKHORN SLOUGH, MONTEREY are creating a society in which their we close, I know that we have our Web COUNTY, CALIFORNIA most marginalized members feel that site that we need to give out. Well, we Resolved by the Committee on Transpor- tation and Infrastructure of the United their only resort is to extremism and don’t have time, but let me just do States House of Representatives, That the violence; if you want to find out why this. Mr. MURPHY talked about this. Secretary of the Army review the report of we can’t hold some of these Middle These are another record year for oil the Chief of Engineers on Moss Landing Har- Eastern countries accountable for the company profits, in 2007, record profits, bor, California, published as Senate Docu- societies that they are creating and the $30.2 billion they have been able to ment 50, 79th Congress, 1st Session, and terrorism they are helping fuel, it’s be- achieve, and $6.5 billion in 2002; and other pertinent reports, to determine wheth- cause we rely on their oil. It’s because 2007, $30.2 billion. I think those are er modifications to the recommendations in the end we can’t make them angry, pretty good years for oil companies. It contained therein are advisable at the seems to happen, and I am not a Mem- present time in the interest of navigation because if we do, they are going to cut and environmental restoration, with empha- off the food that our cars eat. ber of Congress with a conspiracy thesis on the health of Elkhorn Slough, and Now, energy independence is about ory, but, with the Bush administration other related purposes. lowering gas prices. Antitrust legisla- and the White House, looked like oil tion, price-gouging legislation, is about companies have done better than many RESOLUTION—DOCKET 2769—NEW HAVEN getting to the heart of the problem for Americans have done. HARBOR, CONNECTICUT middle-class consumers and drivers, As I talk to my friends and those Resolved by the Committee on Transpor- the prices at the pump. But ultimately that have F–10 pickup trucks, what tation and Infrastructure of the United we have to figure out how to walk have you, it’s costing upwards of $80 States House of Representatives, That the just for a small business to run that Secretary of the Army review the report of away from some of these quagmires we the Chief of Engineers on the New Haven are in with countries that provide oil truck, which is going to end up costing Harbor, Connecticut, published as House to us. We have got to understand that the U.S. taxpayers even more when Document 517, 79th Congress, 2nd Session, energy independence is about doing the they go for goods and services. We do and other pertinent reports, to determine right thing for middle-class families, to have our Web site, and we will give whether modifications of the recommenda- minivan moms. that real quick, and we will close. tions contained therein are advisable at the It is also about doing the right thing Ms. WASSERMAN SCHULTZ. We en- present time in the interest of navigation, for national security. It’s also making courage you, any of the Members, any- sediment control, environmental preserva- sure that my future kids and grandkids one listening, to sign onto our Web tion and restoration, and other related purposes at New Haven Harbor, Connecticut. are going to grow up in a society that’s site. The charts that we have been de- safe. That’s why it’s a triple whammy. scribing tonight are up on that Web RESOLUTION—DOCKET 2770—MERAMEC RIVER, Energy independence is about lowering site. You can reach us, e-mail us, at BRUSH CREEK, PACIFIC, MISSOURI energy prices, it’s about cleaning up [email protected], and Resolved by the Committee on Transpor- our environment, and it’s also about you can also reach our Web site by tation and Infrastructure of the United

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States House of Representatives, That the RESOLUTION—DOCKET 2774—MANHATTAN Secretary of the Army review the report of Secretary of the Army review the report of BEACH AND SHEEPSHEAD BAY, CONEY IS- the Chief of Engineers on Chowan River, the Chief of Engineers on the Mississippi LAND, NEW YORK North Carolina, and Blackwater River, Vir- River between Coon Rapids Dam, Minnesota, Resolved by the Committee on Transpor- ginia, published as House Document 101, 76th and the mouth of the Ohio River published in tation and Infrastructure of the United Congress, 1st Session, and other pertinent re- House Document 669, 76th Congress, 3rd Ses- States House of Representatives, That the ports, to determine whether modifications to sion, and other pertinent reports, to deter- Secretary of the Army review the report of the recommendations contained therein are mine whether modifications to the rec- the Chief of Engineers on the Atlantic Coast advisable at the present time with particular ommendations contained therein are advis- of New York City from Rockaway Inlet to references toward flood damage reduction, able at the present time, in the interest of Norton Point, published in House Document environmental restoration, navigation, ero- flood control, environmental restoration, 96–23 and other pertinent reports, to deter- sion control, and associated water resources and related purposes along the Mississippi mine whether modifications to the rec- issues in the Chowan River basin, Virginia River and its Tributaries with particular ref- ommendations contained therein are advis- and North Carolina. erence to the Meramec River in the vicinity able at the present time, in the interest of of Pacific, Missouri, including the counties storm damage reduction, floodplain manage- RESOLUTION—DOCKET 2779—WESTCHESTER of Franklin, Jefferson, and St. Louis. ment environmental preservation and res- COUNTY STREAMS, WESTCHESTER COUNTY, toration, and other allied purposes at Man- NEW YORK RESOLUTION—DOCKET 2771—ST. LOUIS, hattan Beach and Sheepshead Bay, New Resolved by the Committee on Transpor- MISSOURI York. tation and Infrastructure of the United States House of Representatives, That the Resolved by the Committee on Transpor- RESOLUTION—DOCKET 2775—PECONIC BAY Secretary of the Army review the report of tation and Infrastructure of the United WATERSHED, SUFFOLK COUNTY, NEW YORK the Chief of Engineers on the Streams in States House of Representatives, That the Westchester County, New York, and the Ma- Secretary of the Army review the report of Resolved by the Committee on Transpor- maroneck and Sheldrake Rivers Basin and the Chief of Engineers on the Mississippi tation and Infrastructure of the United Byram River Basin, New York and Con- River between Coon Rapids Dam, Minnesota, States House of Representatives, That the necticut published as House Document 98– and the mouth of the Ohio River published in Secretary of the Army review the report of 112, and other pertinent reports on the House Document 669, 76th Congress, 3rd Ses- the Chief of Engineers on the Long Island In- Hutchinson, Mamaroneck and Sheldrake sion, and other pertinent reports, to deter- tracoastal Waterway from East Rockaway Rivers to determine whether modifications mine whether modifications to the rec- Inlet to Great Peconic Bay, published as to the recommendations contained therein ommendations contained therein are advis- House Document 181, 75th Congress, 1st Ses- are advisable at the present time in the in- able at the present time, for the purpose of sion, and other pertinent reports, to deter- terest of water resources development, in- reconstructing the facilities of the St. Louis mine whether modifications to the rec- cluding flood damage reduction, storm dam- Flood Protection System, Missouri along the ommendations contained therein are advis- age reduction, environmental restoration, Mississippi River in the city of St. Louis and able in the interest of environmental res- navigation, watershed management, water St. Louis County, Missouri to return the toration and preservation, streambank sta- supply, and other allied purposes. pump stations, gravity drains, pressure bilization, flood damage reduction, flood- sewer emergency closure gatewells and other plain management, water quality, and other pertinent features to their original degree of related purposes in the Peconic Bay Water- RESOLUTION—DOCKET 2780—ROARING FORK protection. shed, New York. RIVER, BASALT, COLORADO Resolved by the Committee on Transpor- RESOLUTION—DOCKET 2776—RONDOUT WATER- tation and Infrastructure of the United RESOLUTION—DOCKET 2772—ESOPUS AND SHED, SULLIVAN AND ULSTER COUNTIES, NEW States House of Representatives, in accord- PLATTEKILL WATERSHEDS, GREENE AND UL- YORK, ance with the Flood Control Act of 1938, That STER COUNTIES, NEW YORK Resolved by the Committee on Transpor- the Secretary of the Army study the feasi- Resolved by the Committee on Transpor- tation and Infrastructure of the United bility of and alternatives for Roaring Fork tation and Infrastructure of the United States House of Representatives, That the River, in the vicinity of the Town of Basalt, States House of Representatives, That the Secretary of the Army review the report of Eagle and Pitkin Counties, Colorado, to de- Secretary of the Army review the report of the Chief of Engineers on the New York and termine whether modifications to the rec- the Chief of Engineers on the New York and New Jersey Channels, published as House ommendations contained therein are advis- New Jersey Channels, published as House Document 133, 74th Congress, 1st Session; the able at the present time in the interest of Document 133, 74th Congress, 1st Session; the New York and New Jersey Harbor Entrance flood damage reduction, environmental res- New York and New Jersey Harbor Entrance Channels and Anchorage Areas, published as toration, recreational, and other related pur- Channels and Anchorage Areas, published as Senate Document 45, 84th Congress, 1st Ses- poses along the Roaring Fork River, Colo- Senate Document 45, 84th Congress, 1st Ses- sion; and the New York Harbor, NY Anchor- rado. sion; and the New York Harbor, NY Anchor- age Channel, published as House Document age Channel, published as House Document 18, 71st Congress, 2nd Session, and other per- There was no objection. 18, 71st Congress, 2nd Session, and other pertinent reports, to determine whether modi- tinent reports, to determine whether modifications to the recommendations contained f fications to the recommendations contained therein are advisable in the interest of navi- therein are advisable in the interest of navigation, streambank stabilization, flood dam- REPUBLICAN STUDY COMMITTEE gation, streambank stabilization, flood damage reduction, floodplain managment, water age reduction, floodplain management, quality, sediment control, environmental The SPEAKER pro tempore. Under water quality, sediment control, environ- preservation and restoration, and other re- the Speaker’s announced policy of Jan- mental preservation and restoration, and lated purposes in Rondout Watershed, New uary 18, 2007, the gentleman from other related purposes in Esopus and York. Texas (Mr. NEUGEBAUER) is recognized Plattekill Watersheds, New York. for 60 minutes as the designee of the RESOLUTION—DOCKET 2777—KEY WEST minority leader. RESOLUTION—DOCKET 2773—HASHAMOMUCK HARBOR, FLORIDA Mr. NEUGEBAUER. Mr. Speaker, I COVE, SOUTHOLD, NEW YORK Resolved by the Committee on Transpor- was listening with interest this Resolved by the Committee on Transpor- tation and Infrastructure of the United evening about all of the things that are tation and Infrastructure of the United States House of Representatives, That the Secretary of the Army review the report of going, supposedly, not well in Iraq. So States House of Representatives, That the I hope to spend the next hour with Secretary of the Army review the report of the Chief of Engineers on Key West Harbor, the Chief of Engineers on the North Shore of Florida, published in Senate Document 106, some of my colleagues talking about Long Island, Suffolk County, New York, pub- 87th Congress, 2nd Session, and other perti- the things that are going well. I lished as House Document 198, 92nd Congress, nent reports, to determine whether modifica- thought it was interesting as the other 2nd Session, and other pertinent reports, to tions to the recommendations contained side was talking about how they sup- determine whether modifications to the rec- therein are advisable with particular ref- port our troops, and are thankful for ommendations contained therein are advis- erence to widening the navigation project at the wonderful job they are doing, yet the present time at Key West Harbor. able in the interest of navigation, they have made them wait 107 days for streambank stabilization, flood damage re- much-needed resources to do the job duction, floodplain management, water qual- RESOLUTION—DOCKET 2778—CHOWAN RIVER ity, sediment control, environmental preser- BASIN, VIRGINIA AND NORTH CAROLINA that we have asked them to do. vation and restoration, and other related Resolved by the Committee on Transpor- We are going to talk about that later purposes in Hashamomuck Cove and Tribu- tation and Infrastructure of the United on this evening, of all of the things taries, New York. States House of Representatives, That the that our young men and women have

VerDate Aug 31 2005 05:42 May 24, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\A23MY7.054 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5701 had to wait for as we have been playing a lot of discussion. Baghdad, of course, Israelis said that you are going to lose a political game, or the other side, I is very near the center part. You can Saudi Arabia. That is, the terrorists would say, has been playing the polit- see where we are spending more money are going to go in and topple that re- ical game, and our young men and on reconstruction there and up north. gime, they are going to go in and take women have been doing and continue We can see, also, that if we have the re- over that government. Now, Saudi Ara- to do the professional job that they ports of firefights, the reports of IEDs, bia has about 60 percent of the world’s have been doing for so many times. we would see the same sort of clus- known reserves; that is the reserves of I have been to Iraq three times my- tering there. normal petroleum. So that would de- self, and tonight I am joined by some of People ask, well, why did the British stabilize between losing the production my colleagues that have also been over leave? The British were serving in the in Iraq, losing the production in Saudi there. We are going to talk about this southern section here. The British ac- Arabia. And, don’t forget Kuwait, be- war, because it’s a real war. I think tually had secured their area that had cause the general assumption is that some people try to minimize what is been turned over to the Iraqis. Kuwait and Jordan would fall. Then going on in this global war on ter- I think all of our troop commanders you see a picture where the worldwide rorism, but, in fact, it is a real war. We are telling us that when we have Iraq oil market would destabilize. will talk about where this war is being secure, that when the Iraqi forces are At that point I think that we would fought. It’s not just being fought in in charge of their own security, both really have to worry about the security Iraq and Afghanistan. We are also police and then the army, then we are of the entire world economy. And if going to talk about the fact that Iraq going to see troops start coming home. you worry about the security of the is a central front for the war on ter- That’s exactly what happened. world economy, you also have to worry rorism. Now, the risk that we run, I would about social stability, because the ter- Finally, we are also going to talk a cover that just briefly, Iran touches on rorists know they are not going to beat lot about the progress that’s being the eastern side of the country. If we us militarily. That has never been made over there. General Pace was in pull out, Iran will take over these mas- their attempt. Their attempt is to de- Congress today briefing Members on sive oil fields in the southern part of stabilize us economically. That was the what’s going on in Iraq and brought Iraq. That’s going to destabilize even reason they hit the World Trade Center forth a very positive report in many more the price of gasoline. Our colin 1993. They came back and hit it in ways. leagues were just talking about it. 2001. And they knew that if they could I look forward to this time. I am cer- Really, the price of gasoline is quite strike at that vibrant nerve center of tainly glad that some of my friends on simple. I majored in economics in col- the U.S. economy, they would desta- the other side weren’t around when we lege, and I did so because economics is bilize us economically. If they desta- fought the Revolutionary War, because very easy. It’s just got two moving bilize us economically, they destabilize it might have been too expensive, or we parts: supply and demand. us politically. might have lost too many lives. What b 2115 So right now we are finding that ac- we do know is freedom and democracy tually our surge of troops, those troops has never come cheap. It comes with a If you will consider the demand for our product, the demand for gasoline, are mostly in the Baghdad area, be- price. cause how goes Baghdad, that is how We enjoy the freedoms. In fact, we we have 300 million people today. That is significantly more than what we had goes Iraq. The governing structure is in enjoy the freedom to be on the floor to- Baghdad. If we secure Baghdad, then night with our colleagues because of in the 1950s when the price of gas was low. So our demand is increasingly we secure Iraq. If we do not secure price that many have paid that have Baghdad, we do not secure Iraq. gone before us. I am very proud of higher, but also our supply is becoming We put about 110,000, 120,000 troops them. Every time that I have had the more restricted. into Baghdad. We are also joining those opportunity to travel and be with our Then we look at the worldwide pic- up with about 100,000 Iraqi troops that soldiers, it makes me proud to be an ture, and you understand that the Chi- are there already. Both of those num- American. nese, if you overlay the price of oil, the I would like to recognize my good price of natural gas, the price of gaso- bers are increasing, and I will tell you friend from New Mexico, my neighbor line with the demand in China for the that we are hearing already that the violence in Baghdad itself is beginning Mr. PEARCE. Mr. PEARCE has also been last 20 years, you would see that the to Iraq on three different occasions. He demand of the Chinese is almost ex- to diminish significantly. Again, we has seen many of the things that I have actly mirroring, is exactly causing our can take some of the instability that is been alluding to. I would ask him to high price of gasoline right now. moving out to the outlying provinces if talk about his perspective of what is There is a compelling fact today; we we first secure the capital, if we can going on in the global war on ter- heard the same statistics that just a have those essential government func- rorism. couple years ago the price of gasoline tions that cause the people to believe Mr. PEARCE. I would just remind was actually $2.47, today it is about that their society is intact, and that the Members of the Chamber that we $3.29. And, again, the law of supply and even though there are difficulties that are a part of the Republican Study demand, the Middle East, that OPEC they can get their garbage service, Committee, that’s the RSC here. We group is actually cutting their exports. they can get their water service or have the Web site, www.house.gov/ They are trimming back their exports. whatever. Those are the underlying hensarling/rsc. So take a look at the They are cutting the supply. It is driv- factors that we are seeing playing right things that we are talking about, the ing the price up. It is actually quite now in the troop surge. things that we all believe in. It’s the simple. Our friends on the other side of I think that everyone believes by conservative arm of the Republican the aisle in charge of governing the Na- September or October, we are going to Party. tion really should stop and consider know the outcome of the surge. It I think the first thing that we would these two moving parts, supply and de- doesn’t mean we will know the out- want to talk about is basically what is mand. They have got two hands, maybe come of the battle, it doesn’t mean we happening in Iraq. If the gentleman they could write one on one hand and will know the outcome of the war. But doesn’t mind, I would like to use one of write one on the other hand and try to I think that it is essential that we fund the charts here. If we take a look at keep them organized, because they our troops, that we quit playing games. the charts, these are reconstruction make this far more complex than what We have consistently asked our lead- projects, but also they mirror very it actually is. ers, the majority leaders, if you do not closely the conflict, the different fights So what we are doing in Iraq is try- like the war, that is a credible posi- that are going on. ing to stabilize the Middle East, be- tion. Just come to the floor, have the If you look at this whole part of the cause I would guarantee everyone in vote about withdrawing the troops. Do country, this entire section is actually the Chamber that if Iraq fails, if we not play games with the funding. Do pretty secure. This al-Anbar province leave Iraq, Iraq falls. We were just in not play games with our troops in out in the west has been the subject of Israel about 2 months ago, and the harm’s way.

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.168 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5702 CONGRESSIONAL RECORD — HOUSE May 23, 2007 But they refuse to have that vote. In- own home country is sitting over here dealing with people who are being stead, what they do is they put the and playing political games while you forced to go over there. These people money here and they put conditions. are doing the heavy lifting. volunteered. These men and women are Now, I know that college football So I have to say to the young men true American heroes, and they know coaches and pro football coaches get and women that are in harm’s way to- what their mission is, and they will fired every day. It is because they be- night that I am hopeful that this tell you they know they are accom- come too predictable. Their offense is Democratic leadership will finally step plishing that mission. They wonder too well known. When an offense is up and do what they should do. why what they are accomplishing is well known, the defense knows exactly Before I yield to the next gentleman, not what they are viewing on American where to play. Now, our friends on the I wanted to let the American people television. They wonder that a lot, and other side of the aisle want us to give know what our young men and women they say that to you a lot when you go our playbook; they want us to put into have been waiting on. In this bill that over there to visit them. legislation the benchmarks that will we hopefully can pass this week is $8 And so it has been said here tonight determine if we go or leave, if we come billion for body armor, armored vehi- already, but I think it is very impor- home from Iraq or if we stay in Iraq. cles, and base security surveillance. In tant that the American people think And we will tell you, that simply tells other words, these are the things that about this. The Democratic Party in our opponents where to go to defeat us. would help to keep them safe. Yet we this House and in the Senate is in the If the benchmarks are in writing, then have to wait 108 days for the Demo- majority. They have a responsibility that is going to give our playbook to crats to decide that they want to keep now to govern this Nation. They ran on the opposition. our troops safe. That just isn’t right; a campaign that promised what they We as the American Congress, we as $2.4 billion to help use some new tech- were going to do when they got here to the United States Congress, owe it to nology and some things that we are govern this Nation. And as we heard in the men and women in uniform, who learning about IEDs, which is one of the early hour, we do have three dis- are in harm’s way, to support our the things over there that has caused tinctive parts of the government. The troops or to please bring them home. so much damage and death and de- President is one, but this is a coequal I was in Vietnam at a period of time struction in that country and harmed branch of government with the author- when the Nation began to turn its back and injured, severely, many of our ity to take charge and be responsible on its troops. I was in Vietnam at a young men and women. And yet they for what you promise. And if it means time when they began to play games have had to wait 108 days for these re- to the American people what they think it means to the American people, with the funding. I was in Vietnam sources, for this Democratic Congress, that we have to get out immediately of during the time that Jane Fonda went this Democratic leadership, to give Iraq, they have the authority and the to the North and gave aid and comfort them the resources that they need. to the enemy. I will tell you that I Another important piece of this sup- ability to vote to bring our troops have personal experience that this is plemental is the fact that $2.7 billion is home. But you see, it is easy to talk about not the way that we want to treat our allocated for updating our security and wanting the responsibility, but taking young men and women who are in our surveillance and our intelligence. the responsibility becomes very dif- harm’s way. Let me tell you, today in Iraq and Af- ficult. In fact, the real story of this de- So we owe it to our troops to have ghanistan and all around the world, bate that we are having on what should the vote on the supplemental budget knowing where the bad guys are is a happen is they don’t want to take the that we are discussing tonight, because very important piece of how we defend responsibility because they really, I the future of our country depends on it. this country and we prosecute the war would hope, in their heart of hearts, re- But more than that, the lives of our on terrorism. Yet we have had to wait alize that the consequences are dra- young men and women rest today, 108 days and counting for this leader- matic. today, on what we do. ship to do the right thing by our young My friend Congressman PEARCE men- So I yield back to the gentleman men and women. tioned to you, and I think it is from Texas. I have other comments, It is my honor and privilege now to everybody’s opinion that looks at that but I see we have a lot of people here recognize a fellow Texan, a former map of Iraq, that should the American tonight. I thank him for the oppor- judge, a good friend, Congressman troops strike their colors and march tunity to speak and thank him for tak- CARTER from Texas, who has also been home tomorrow, that the southern part ing his leadership and giving leadership to Iraq. I believe the gentleman has of Iraq falls almost immediately into to this great subject, because it is the been three times, if I am correct. the hands of the Iranians, because they right thing for us to do. It is the right Mr. CARTER. That is correct. And I fought a whole war over that issue; and thing for America to do. It is the right thank the gentleman for yielding. As it only because the Iraqis stood up their and honorable thing for this Congress turns out, we have got a whole room Armed Forces and fought to a stand- to do, to give the funding to our troops full of folks here that want to address still that the Iranians didn’t take those or bring them home. Those are the two this issue. But we talked earlier be- southern oil fields. But the Iraqi Army, choices we have in Congress. And I tween you and our neighbor from New which we are in the process of building thank the gentleman. Mexico, and we have each been three up, would not be able to do that in to- Mr. NEUGEBAUER. I thank the gen- times. day’s life. They are too busy straight- tleman from New Mexico. He brought a But let me point out that as Con- ening out their own country. lot of insight to this discussion to- gressman PEARCE pointed out, the men We hear so much about the American night. There is nothing better than, if and women that are in Iraq today, soldier. And God bless the American you want to see what’s going on, to go most of them are on their fourth rota- soldier. The American troops are doing to the battlefield yourself. tion over there. Many of those people an outstanding job, but so are the Iraqi What I was wondering with some of have been there four times, four times troops. And that is the news item that my colleagues this evening is the for a year, sometimes, or better, each is not out there these days. The Iraqi Democrats have made our troops sit time they’ve been. When we go, we are troops are dying actually at much and wait for 107 days to see if, in fact, very blessed to be able to go over there, greater numbers than the American they are going to fund the very re- but generally time is very short and if troops, side by side with the American sources that they need. And I have got we spend 3 or 4 days in country, we soldier, learning as they go how to to wonder how demoralizing that has have been there a long time. These sol- fight the kind of war that professional to be when you get up every morning diers have gone over there voluntarily. soldiers fight. And they are doing a and you are putting yourself in harm’s You know, one of the things that I good job. And we have to give them the way for this great Nation of America, think is a misconception that seems to opportunity to finish the job and stand keeping America safe, and also helping be played out both in our coverage in up their military and stand up their liberate and begin to bring peace and the media and in the comments that police force. democracy to another country, and we hear from our colleagues across the And that is what our soldiers tell us how that must feel to know that your aisle is that they think that we are when they go over there, and they tell

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.169 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5703 us that from the corporal or the pri- war, but they don’t have the will, and thing that I want to point out, and sev- vate all the way up to the four-star they don’t have the courage to be re- eral of our previous speakers have general. sponsible for their actions. So instead, talked about this chart. And basically, And the surge has a purpose. It is they have prevented necessary supplies people say, well, what’s going on in more than just feeding in troops. It is to keep our men and women in combat Iraq? And I think what we hear is the clearing a neighborhood, and then hav- safe now, for 100 and what days? news media portrays, well, there’s a lot ing the Iraqi troops, along with Ameri- Mr. NEUGEBAUER. Soon to be 108 of fighting going on. But really what’s cans, to hold those neighborhoods until days. been going on in Iraq at the same time we are able to get this thing done. Mr. CARTER. For 108 days. is some nation building. And what you I got a phone call last night from b 2130 see on this chart is over 14,000 projects Fort Hood, actually from a newspaper that have either been completed or are And you know, al-Anbar Province, in Fort Hood, asking about the fact underway, and as the gentleman re- when I was over there the second time, they a bad rain out on Nolan Creek, ferred to, as some of these provinces that was the Wild West. That was the and some people got stranded out for the first time have water. Some of worst province in Iraq, al-Anbar Prov- there. And, of course, when you are them, for the first time in a long time, ince. Now the Marines report to us on next to the largest military facility on have electricity. a daily basis that because the sheiks Earth, the helicopters went out and But let’s get down to really talking who are the tribal leaders of that area, started pulling people off of the roofs. about what’s making a difference in and particularly one sheik who’s got And this reporter called and was wor- the lives of the Iraqi people. And for the vast majority of the tribes in that ried that she had heard that maybe the the first time, young men and women area, have joined the fight, told their resources were not as available as they are back in school again, and com- people, when you shoot at an Amer- had been before or wouldn’t be as avail- merce is going on in these commu- ican, you shoot at one of us; join us in able because there were cuts going on nities, and people are being able to live getting rid of this al-Qaeda that’s try- on the post. We had already checked a life that’s less fearful of this tyranny ing to come in here and turn all sides that out with Fort Hood, and that ac- that Saddam Hussein would reign over against each other to create turmoil in tually was not true of this event. his people. And so 14,000 projects, ei- our country. And we are having out- But I told her, you know, you are ther completed or underway. And all of standing success in that area, because from a military community, so we who those green dots, and I know that it the indigenous population is joining in have a military community know what doesn’t show up on the C–SPAN that the fight. happens when the Congress doesn’t do well, but this map is dotted with When an Iraqi hears a pounding on its duty to the military when they projects. his door and calls the local policeman, have troops in harm’s way, like in Iraq The other thing that the gentleman this war is won. But they have lived for and in Afghanistan. brought up, and I think you’re going to a long time under a dictatorship where The Army doesn’t leave, or the mili- hear from some of the other speakers the local policeman was the bad guy. tary doesn’t leave their soldiers with- tonight, is that most of the time when We have changed that. out the gear. What they do is tighten we go to Iraq, we spend some time with Ask a soldier, what was your mission, their belt back home. And that’s hap- the troops. I have meals, almost with and he will tell you, sir, we’ve accom- pening now, and it’s going to get worse every chance we always say to the plished a whole lot of our mission. Our and worse as this delay continues over military, we want to eat with the first mission was to go in and take out and over. troops. We want to hear from the Saddam Hussein, and, sir, we did that. It means training missions could be young men and women that are out And I’m proud to say that the 4th In- in jeopardy. It clearly means that oper- there with boots on the ground what’s fantry Division from Fort Hood, Texas, ations on these large military posts going on. which is in my district, pulled that ty- around our country have to be reduced. And my most recent trip to Iraq, I rant out of that hole and started him Expenses have to be cut so that we was sitting with a young man, and it in a lawful judicial process established keep the people in harm’s way sup- was one of the last, I think we were in by a government that the 1st Cavalry plied, because we don’t leave our dead Baghdad, and he looked over at me, Division, which is also from my dis- or wounded on the battlefield, and we and he looked me right in the eye and trict, helped to defend as they voted, certainly don’t leave our fighting sol- he said, Congressman, this is my third and in a properly impaneled judicial diers on the battlefield without the trip to Iraq. He said, nobody has more process we took care of Saddam Hus- equipment it takes to do the fight. invested in this effort than me. Would sein. That’s part of our mission. Mis- And so the Army, the Navy, the Air I like to be home with my family? Ab- sion accomplished. Force, the Marines and the Coast solutely. But, Congressman, go back The second mission was to help re- Guard will all be contributing from and tell your colleagues, please let us build the Iraqi people. And if you look home to the war zone until this Con- finish this job. We are winning. We are at that map at the number of projects gress does its duty. And I think it making a difference. And it would be a that we’re working on currently, and brings shame to know that those folks true shame for us to leave this job un- then you have a young soldier say, you back home just came back from their done and to let the Iraqi people down. know, sir, they reported last week that fourth rotation, and their resources The other thing, and the gentleman they killed an American soldier, what they are counting on for their year alluded to, was the fact that now we’ve they didn’t report is that we got water back home are being cut back. They’re been hearing that tens of thousands of for the first time almost in the history doing it willingly, but they are being calls are coming in now to the security of this country to a village of 400 peo- cut back so they can supply their fel- forces of people in the neighborhoods ple that never had water, because low men and women in arms over in saying, there’s some bad folks roaming that’s not a big fancy news item for Iraq, in Afghanistan. in our neighborhood. They’re trying to The New York Times and the Wash- This is a crisis that people don’t real- do bad things; they’re trying to harm ington Post. But that is a very, very ize the strain we’re putting on our sol- us. And so they’re turning in the bad important news item for the 300 people diers. And then to constantly tell people. So the Iraqi people are buying who had to pack their water in small them, like the leader, the Democrat into the fact that this is their country. jugs to have drinking water, that we leader in the Senate, this war is lost; They have a responsibility. They’re got water, drinkable water, usable and those soldiers are looking around standing up the troops. water to those people in the desert and saying, what war is he talking One of the interesting things the gen- community. This is the kind of thing about? Where’s he see the loss? We tleman talked about the fact that that changes the future of Iraq. If we haven’t lost. We’re winning this war. we’re standing up an Iraqi Army. Every pull out of Iraq, we create disaster. That’s what the people who are there once in a while, and we know it’s un- Now, as I pointed out, the Democrats are saying. Give those folks a chance. fortunately, but our suicide bombers have an opportunity to do what they Mr. NEUGEBAUER. Well, I thank the will bomb a recruitment area. And the promised everybody to do and stop this gentleman. And you alluded to some- next day, what shows up at that same

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.170 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5704 CONGRESSIONAL RECORD — HOUSE May 23, 2007 site but more recruits because they cut, and in-the-air intelligence, which way forward. It’s what the American went their country back. they want to move to study global people wanted. It’s what the Congress They’ve had a number of elections, warming, so that we can make sure wanted. And our combatant com- and so the fact that now that the that our soldiers, our American citi- manders responded to that. And we put sheiks, and not just the sheiks but the zens in harm’s way, have the security in place the highest-ranking four-star people in the communities are getting of good intelligence. But there’s a vote general on the ground in Iraq, General engaged in this process, and what we’re that we took. We tried to fix that, and David Petraeus, who wrote the manual hearing is that now these leads are that fix was voted down. And so now we 6 months before on counterterrorism turning into being able to not only get have an intelligence bill that has a big and knew and knows. the bad guys, but get their weapons. chunk of it set aside for global warm- b 2145 And hundreds of thousands of pounds of ing. ammunition has been seized because of Meanwhile, it was discovered when And it wasn’t just his plan, but it was these tips that we’re not getting from we had the debate that there are 13 a plan that was worked out in com- our soldiers, but from the people in agencies in this government studying bination with the Iraqi Government, Iraq. global warming right now. And why with Prime Minister Maliki, and it I believe the gentleman from New does our Intelligence Community have called for essentially all of the things Mexico wanted to make a comment to study global warming at this point that the Iraq Study Group asked for. about that. in time when American soldiers, sail- That report, Mr. Speaker, was a bipar- Mr. PEARCE. I would. And I thank ors, airmen, marines and coastguards- tisan report chaired by two very distin- the gentleman. As he’s talking about men are at war? That’s a question that guished political public servants, the this new willingness of Iraqis to report the American people ought to ask Honorable Jim Baker, Republican, the suspicious behavior, I would remind my themselves. Honorable Lee Hamilton, a long-term colleagues that it was our bill, my bill Mr. NEUGEBAUER. And the gentle- member from Indiana, a Democrat, and that was introduced, that simply said man’s correct. In fact, the money that this is exactly what the President tried that you cannot be sued in American was taken out to fund the studying of to do. And yet the Democratic new ma- courts for reporting suspicious behav- global warming and intelligence was jority wanted to insist on these bench- ior, that you cannot be terrorized in taken out of some of our more crucial marks that weren’t really performance our own courts of law for reporting the intelligence areas, the intelligence benchmarks but they included a time- same sort of behavior that you’re talk- that’s used to help our young men and table, a timeline, for giving up no mat- ing about being reported in Iraq cre- women in the battlefield know where ter what the circumstances on the ating stable responses, stability in the the bad guys are before the bad guys ground were. And the worst and most country. know where they are. So that just egregious of those, my colleagues, was And yet, we had 121 of our Democrat doesn’t make sense. to say that in August of 2008, just a lit- colleagues vote against that legisla- We’re joined by some additional col- tle more than a year from now, that no tion. They voted with the terrorists to leagues this evening, and certainly my matter what was happening in Iraq, say, you can sue Americans in court good friend from Georgia, Congressman even if it got like when Andrew Jack- for reporting suspicious behavior. I GINGREY, he’s another Member that’s son had the British running down the think that shows the difference be- been to Iraq three times. That seems to Mississippi to the Gulf of Mexico, as tween the Republicans in this Con- be the theme tonight. And I’m pleased the song goes, even if we were in that gress. All Republicans voted with the to yield to the gentleman from Geor- situation, winning this battle, in Au- American citizens to limit those capa- gia. gust of 2008, this Democratic majority bilities. But the difference between the Mr. GINGREY. I thank my friend and wanted to blow the whistle and bring Republicans and Democrats is that the classmate from Texas, Representative the troops home. Democrats are still soft on security. NEUGEBAUER, and, of course, Mr. And I am telling you at this par- They’re soft on terrorism, and they’re Speaker, I am very pleased to be here ticular time, as we approach the Me- soft on funding the troops who are on the floor this evening with our col- morial Day weekend, what kind of mes- fighting the battle. leagues and my classmate, Representa- sage does that send to those who have And I just wanted to, your comments tive PEARCE of New Mexico and Judge given the last full measure of devotion about the Iraqis now turning in evi- JOHN CARTER from Texas. And you’ll in this war, and in any war, while the dence, bringing those actions to our at- hear soon from another classmate of Democratic majority tries to get the tention, caused me to remember that ours from Iowa, Representative STEVE last full ounce of political blood on the bill on the floor of the House where we KING, and, of course, a new Member, floor of this House? It is shameful, Mr. actually had a vote here, and the but a very experienced one, TIM Speaker and my colleagues. Democrats voted, 121 of them, to let WALBERG from Michigan. Every one of us have gone to some fu- terrorists sue us in our own courts. It’s an honor to be with them, Mr. nerals in our districts. And I stand here I’d yield back to the gentleman. Speaker, tonight, because this is a tonight and I think about the Saylor Mr. CARTER. If the gentleman would time really of victory for our men and family, Paul, their son, 22 years old yield just a moment. women who are the patriots fighting from Breman, Georgia. I think about Mr. NEUGEBAUER. I would yield to this war in the Middle East. It’s not a young Justine Johnson, another 22- the gentleman from Texas. time for bragging, and we’re not here year-old from Armuchee, Georgia, up Mr. CARTER. Hearing my colleague to stick our finger in the eye of the in Floyd County. I think about the from New Mexico reminds me of an- Democrats and say, you know, you former president of my student body at other vote that was taken on the floor were wrong, you were wrong all along, my alma mater, the Georgia Institute of this House that had to do with our and finally, after 107 days, you have ad- of Technology, who 2 years after serv- intelligence for our United States mili- mitted you were wrong, and we have ing as student body president at that tary. And in the bill, the Democrat won this argument. great institution, that first lieutenant Party had diverted millions of dollars Actually, Mr. Speaker, it’s been a gave his life in Iraq, shot down by a to take our Intelligence Community tremendous loss for the country to go sniper while leading his troops. I think and have them study global warming. I 107 days, or whatever it is, from the about Command Master Sergeant Eric have this vision of one of our spy sat- time the President asked for the Cooke, who served 30 years in the mili- ellites being relocated over the North money that the Department of Defense tary, multiple deployments at the tip Pole to check on the polar bears that has requested to continue to conduct of the spear, and on Christmas Eve, was sitting over Baghdad checking on this war for the rest of this fiscal year, 2003, my first trip to Iraq, one day after the terrorists. 2007, the $100 billion with no strings at- I met him and gave him some books I think the American people want tached, Mr. Speaker. and school supplies for the Iraqi chil- our American soldiers, sailors, airmen, The Commander in Chief and the dren; he promised to deliver them, but, marines and coastguardsmen to have combatant commanders in the field unfortunately, he took that right seat on the ground intelligence, which they and General Petraeus brought us a new in a Humvee so that one of his troops

VerDate Aug 31 2005 05:42 May 24, 2007 Jkt 059060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.172 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5705 could stay home and call his wife and Democrats do begin to deliver to our wife alongside several times, and I have his family and talk to his loved ones on young men and women the resources met these troops, these fallen warrior Christmas Eve. And Command Master they need so that when we do go home heroes. I have prayed at their bedside. Sergeant Eric Cooke gave his life one for this Memorial Day, we can cele- I have thanked them. I have had the evening when that Humvee went over brate the sacrifices of the many that opportunity to hear from them: Mr. an improvised explosive device. have gone before, that we can do it Congressman, don’t thank us. It was a In the history of this country, we are with our heads held high that we have privilege to serve. Don’t thank me, about to honor those who have given taken care of our part of the business. though I appreciate your being here, their lives on Memorial Day, the last I am pleased to be joined by a new but I want you to go back and tell your Monday in May. And at that time I Member of Congress from Michigan, colleagues that we would appreciate think about and I want my colleagues someone who has a number of military their unquestioning support, that they to think back to World War I when Dr. bases in his district, who also has would stand with us, that they would McCrae wrote that poem ‘‘In Flanders taken a keen interest in the Walter encourage us, that they would support Fields.’’ I am not going to try to quote Reed issue and making sure that when us with the necessary resources, both the poem, although it is a very short our young men and women get injured armaments and financial resources, to poem, but the last stanza basically that they get 21st century care. So I complete this passion that we have, to says don’t forget it us. Just don’t for- am pleased to yield to the gentleman stand for the defense not only of Iraq get us. We fought the battle. Whatever from Michigan, Congressman WALBERG. and its citizens who long to be free, but Mr. WALBERG. Mr. Speaker, I thank the cause, you may not agree with it, stand for our fellow citizens at home so but don’t forget us. the gentleman from Texas for yielding. Mr. Speaker, it is a privilege to stand we don’t have to fight this war on our And I think that is why we felt so with men here who have served with home turf as well. They understand strong. I commend this President for distinction and consistency on this this. vetoing bad bills that would forget the I don’t understand why many of my issue and the most important issue, as troops and would let them die in vain. colleagues, whom I respect highly, yet I understand it, as a new Member of So it is an honor to be here tonight don’t seem to understand, on the other Congress, taking that oath of office for to say thank you maybe to the Demo- the first time on January 4 to uphold side of the aisle, that we are fighting so cratic majority for finally coming to the Constitution of the United States, it doesn’t come home here as well. your senses and letting the combatant I have also had, and I call it a dis- which gives us the primary responsi- commanders and the Commander in tinct honor, though difficult as well, to bility, number one responsibility, for Chief fight the war. Certainly we could speak to families who are now dealing security and defense of this great Na- talk about policy and we can talk with the impact of the war. I think of tion not only for its people but for the about funding but not with strings at- Travis Webb from Adrian, Michigan, impact that this Nation has given and who is still at Walter Reed, who came tached. Let’s give victory a chance. continues to give worldwide. And I think we have an absolute We are the greatest bastion of hope home missing two legs but not missing chance, as my colleagues pointed out, for liberty, for individualism, for op- his heart, and still with a passion for and some of the progress is being made. portunity. And for us to be now in an his comrades back in the field and ex- The news media, of course, doesn’t re- arena that, frankly, with my col- pressing the desire that we stand firm port good news. Good news is an leagues I can’t say that I have been with them, thanking him and hearing oxymoron, isn’t it? So they don’t talk there yet. I look forward to being over him say ‘‘I wish I could go back.’’ about that. But thank you, colleagues, in the arena of this war and having the Just a week ago, I called the mother for letting me come tonight and talk opportunity to sit with our heroes, our of Daniel Courneya of Vermontville, about this. warriors over there who understand the Michigan, and expressed my sincere I know if the troops are watching process. I look forward to that experi- sympathy to her. Her son has not come over in Iraq and Afghanistan, I think ence to be able to hear directly from home alive. He along with three other they are very proud that the Congress them in the field. But until that time, of his fellow troops were killed with an is supporting them and we are not I have to resort to memories, including IED explosion, and three of his troops going to pull the rug out from under a memory my wife and I will never for- are still missing. We have read about them. get in sitting on the parade grounds in them in the media. And we pray for With that, I want to yield back to my Fort Knox, Kentucky, watching my son their safe return. We know also that colleague from Texas, Mr. graduate with the rest of the young re- they have given their service for a NEUGEBAUER. I know there are a couple cruits, troops that volunteered, all vol- cause. And I will be at the funeral of of other speakers and I thank the gen- unteers to serve their country, all of Daniel Courneya this coming Friday, tleman for giving me the time. whom understood that in signing up for in fact 2 days from now, and will stand Mr. NEUGEBAUER. Mr. Speaker, I this austere and wonderful choice of proudly and yet humbly, recognizing thank the gentleman. patriotism, yet also put their lives on the sacrifice that they have given for a And he brings a point that many of the line potentially. cause greater than all of us even on us have had to experience, and that is And I will never forget watching my this floor tonight. to make that call of condolence to a son, who had changed before my eyes Mr. Speaker, 108 days ago, on Feb- mom or a dad or to a wife. during the course of the past number of ruary 5, President Bush requested from And I thought it was interesting, one weeks at Fort Knox, and had become a Congress funding for our troops in Iraq. of the previous speakers talked about man with an understanding, as he was And even though current funding for being in the majority means you lead. preparing to be a combat medic. That our troops is set to expire at the end of And, in fact, we have gone 107 days was unique. And meeting with his fel- May, and I say this as a new Member without the much-needed resources for low soldiers and understanding that and I guess I say it as a Member that our young men and women, and it took they had a purpose in mind, what an doubts until I actually see the bill in the Republicans having to write to the encouraging thing that was. front of me to vote on, this funding is Speaker of the House and saying it is And now to look back on that and re- set to expire at the end of May. The going to be hard for us to go back home alize that not only have numerous of new leadership in the House of Rep- and talk about memorializing the sac- his fellow comrades gone to the arena, resentatives has yet to put in front of rifice our young men and women have some who have come home with the me a bill that even comes close to made in the past when we aren’t even impact of that time on their life never properly financing the troops. And I funding the troops of today. So we said to leave them. Others have not come say that saying until proven otherwise, we are not willing to go back on a re- home alive and have given the supreme it hasn’t been in front of me to vote cess for Memorial Day without taking sacrifice. We would do well to honor yet, and that is a shame. care of the business of supporting our them not only by our words but by our Our American commanders need an troops. actions. opportunity to implement the new And I am hopeful that tomorrow, and I have stood at Walter Reed Hospital strategy. We are handcuffing our gen- certainly before we adjourn, that the on numerous occasions now, with my erals on the front line. That is not the

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.173 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5706 CONGRESSIONAL RECORD — HOUSE May 23, 2007 way it ought to be. New House leader- by the Senate, a chance to fully imple- tleman from Iowa Mr. KING, who I ship first introduced a bill in March ment the new strategy instead of know has been to Iraq on a number of that not only micromanaged the troops telegraphing surrender to terrorists. occasions, and I am pleased that he has but also contained millions of dollars In the Anbar Province, one of the joined us this evening and would yield of unrelated pork-barrel projects to most dangerous areas in Iraq, violent to the gentleman. buy a few votes for bad legislation. crime is dropping, and 20 of 22 tribal Mr. KING of Iowa. I thank the gen- That is not what I understood that I leaders of that area now support the tleman from Texas for organizing this signed up for in supporting our troops U.S. and Iraqi forces against al Qaeda. Special Order and each of the Members and protecting and defending this great Granted, the level of violence remains of Congress who came down here to the country. high, and the hot spots are numerous, floor to stand up for our he brave men and many challenges persist. But the and women who defend our freedom. b 2200 wounded soldiers I’ve met at Walter And I know you will be there when The bill was a salad bar of egregious Reed and Bethesda deserve our support. they need you. earmarks: $25 million for payments to They have indicated that our Armed I just would add a few pieces to this, spinach producers; $120 million to Forces can secure Iraq enough so that as I have listened to the dialogue that shrimp industries, $74 million for pea- an Iraqi Government and a security has gone on here tonight, and one of nut storage; $5 million for shellfish, force there can take over. them is that we all have constitutional oyster and clam producers are just a Time is running out. Congress needs responsibilities. And 435 of us come few examples. And again, as a new to move past political posturing and down here to this floor, and we take an Member of Congress, I couldn’t believe partisanship and allow the men and oath together to uphold this Constitu- that, that we were dealing with that women serving in Iraq the opportunity tion of the United States. Now, you type of funding with a war going on. to crush the terrorists in the Middle would think that would mean some- This bill was rightfully vetoed. In re- East so our families will have a more thing to everyone, ‘‘So help us God.’’ sponse, House leadership scrambled, secure future here at home. And by the way, I bring my Bible and now we see supposedly that there I want us to win this war. There are here to make sure that I am swearing is a bill before us. only two options, as we mentioned to- on a Bible at the time. But I also carry I heard my colleague, the gentleman night already, only two options: One, with me this Constitution. And you from Georgia, express appreciation victory; and the other, defeat. I do not don’t have to be a constitutional schol- that we have a bill now that we can believe that Americans countenance, ar to read this, you can read it pretty vote on that will fund our troops. But by and large, the option of defeat. well with a sixth- or eighth-grade edu- I am asking my fellow Members of again, I haven’t voted on it yet. And so cation. But what it says in here is Con- Congress, those that I am proud to I say, let it come before us. No wonder gress has three responsibilities when it stand with here on the floor tonight, as this body, this Congress, this great comes to war. One of them is to declare well as those who have wavered and symbol of American freedom has a 29 war, which we haven’t done since waffled at times, to buck up. FDR percent approval rating, when we mess World War II. The second one is to called our America to a strength of around with the lives of our troops and raise an Army and a Navy and, by im- sacrifice together, to win a war as the freedom of our citizens. plication, an Air Force. And the third brave people that sustain this great House leadership seems to have fi- one is to fund it. world as well. We, as well, have the nally relented, and hopefully has de- And, yes, there are conditions in privilege tonight, as Members of Con- cided to provide the necessary funding there that allow us to regulate some gress, to call our Nation by first stand- for our brave men and women. I am things that go on within the military, ing together, calling them to sacrifice glad to hear that we will put aside any like how they’re going to run their in support of our troops, calling them plans to go on break until a clean fund- military courts and how we are going to bravery and courage in standing for ing bill will pass, and I trust that that to do promotions and things of that na- this country, calling them to one deci- will take place tomorrow, to support ture, but there is no provision in this our men and women in combat. Our sion, and that being the decision for victory. Constitution for micromanaging a war troops deserve this respect. Memorial Day is upon us. I will expe- or for being a general if you’re in the Recently, the Iraqi Government, rience this Memorial Day like I have United States Congress. In fact, the ex- after complaints from myself and other experienced no other Memorial Day, perience that our Founding Fathers Members of Congress, decided to forego because I have stood next to these had with the Continental Congress and its plans for a 2-month summer recess wounded heroes. I have defended these the Continental Army brought them to so important decisions such as the de- brave troops. I have spoken with them. draft into this Constitution the office velopment and distribution of Iraq’s oil I have had family members, including of Commander in Chief because they and how to deal properly with sec- my son, sign up to do that brave duty. wanted to avoid the very cir- tarian violence can be made and laws And I will say to the troops who may cumstances that we are fighting off can be passed. hear us tonight, God bless you. We here in this Congress. This Congress similarly has decided stand with you, and we will support So if anyone thinks they ought to be not to go home for more than a week you. a general, they ought to be in the mili- and leave our troops in limbo until we Mr. NEUGEBAUER. I thank the gen- tary to do so. You can’t be a general finish this job. We have to stay here tleman. And as the gentleman has said, here from Congress. Your job is to be a and finish our job so our brave troops, he has been to Walter Reed with his generalist, someone who stands up for our men and women in uniform, can wife; I have, also. And I think about this Constitution, and someone who ad- finish theirs. one time I went and I was there with a heres to your oath to uphold this Con- House leadership needs to allow soldier that had gotten a new pros- stitution. That means maybe on a very Members to vote as early as possible thesis. He had lost part of his leg. And sad day we may someday be obligated tomorrow on a clean bill, devoid of he said he was so proud of it. He said, to declare a war. wasteful, nonmilitary spending. We Congressman, this is state-of-the-art, Let’s keep raising the Army and the need a bill that doesn’t handcuff our and I’m going to be able to walk again, Navy and the Air Force, and let’s keep generals, but instead gives our troops and do you know what I want to do? I funding our military men and women the resources they need. Setting said, what do you want to do? He said, that are out there in harm’s way with timelines on American involvement in I want to go back and be with my bud- their lives on the line for our freedom. Iraq is good policy, but not publicly in dies and finish the job that I went to That is the constitutional responsi- front of our enemies. Our military do. bility. commanders need to have control of Those are the kind of men and As I look back through the history of the situation, and not the terrorists. women that I’m going to be celebrating this country, I find no place where we The Congress needs to give General during this Memorial Day weekend. have come to a constitutional chal- David Petraeus, the new Commander in I am proud to see that a great Mem- lenge where the President had to make Iraq, who was confirmed unanimously ber of Congress from Iowa, the gen- a decision to veto a funding bill and

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.174 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5707 have to face a veto override, which ev- tunately risen up as another signifi- ferent grocery stores throughout my eryone knew was not going to pass, and cant problem that I think that we are district. This past week I was at a gro- now held the line. And I am really glad very unhappy about right now, and cery store in Edgewater, Colorado, and that it isn’t coming down to the line that, of course, as everyone who has the number one topic was the price of where we are mothballing some of the filled up their tank lately knows, is gas gas. Usually it has been Iraq, and we development of our military equipment prices. certainly are going to talk about Iraq just so we can play this political game I am from Florida, the 22nd District, tonight, but the number one conversa- out here. That’s not our job. which is parts of Broward and Palm tion was about the price of gas. And Even if you go back to the Vietnam Beach Counties in southeast Florida. It people were saying, look, we under- War, the President signed the appro- is fascinating to me because I have stand that on a per-barrel basis, it’s priation bills that took the military watched gas go up and down and up and down, the cost is down, the price is out of North and South Vietnam, Laos down over the years, and Congress has down. Why is the cost at the pump up? and Cambodia, out of the skies over never seemed to have the backbone, if And, you know, we have excuses. The them and out of the seas around them you will, the President and this admin- excuses this time, Mr. KLEIN, have and said not 1 dollar will be spent in istration hasn’t shown much interest been, well, we just needed to clean the support of the military effort of the in dealing with gas prices. Maybe it’s refineries. They clean the refineries South Vietnamese and defending them because of the backbone of some of the right at the beginning of the summer themselves. And there are 3 million people of the administration, or maybe travel season because by restricting lives that paid in the aftermath of our not; but the bottom line is that we the supply, you drive up the price, and lack of keeping our promise with the have a situation now where gas prices we can’t have that anymore. We can’t South Vietnamese. in my area are at about an average of have our people being gouged in this That is on the conscience of the peo- $3.25 a gallon, and as much as $3.59 a country by manipulation of the market ple of this Congress that didn’t adhere gallon. in that fashion. to this Constitution. We don’t need We understand what this means. This b 2215 that on our conscience, and we don’t is a real problem for consumers, it is a need the enemy of Iran with a nuclear real problem for our businesses. Wheth- What we are seeing is too few compa- weapon in their hands on the control of er you have transportation, whether nies controlling too critical an item, a the valve at the Straits of Hormuz, your personal transportation to and commodity, like gasoline, and that is where they control the economy of the from work or the shipping of goods to what that price gouging bill was all world as well as the development of the and from a location, this is something about today. So I can assure you in military within themselves. They can that is beginning to affect our econ- Colorado, it is a major topic of con- omy. buy as many nuclear scientists as they versation, and people want to see a And I think I am going to throw it want if they can just put their hands change, and we are bringing that over to my colleagues here, but I just on the valve of the oil that goes to the change to them by the bill we passed want to throw out a few rhetorical today and the direction we are taking world. questions, because every time we go So that is where the problem is. We this Congress. through this and the price spikes, we must succeed. There is far more at With that, Mr. KLINE, I would like to hear excuses. You know, last time the stake than the people on the other side turn it over to my friend from excuse was we had a hurricane called Vermont, who always has something to of the aisle understand or will admit. Katrina, and it shut down refineries. I will yield back to the gentleman say on any topic, but particularly I No hurricane this time. Last time we who organized this Special Order, Mr. know he has something to say today on heard there is a disruption in the oil NEUGEBAUER of Texas, and thank him this gasoline price gouging. deliveries out of the Middle East. No Mr. WELCH of Vermont. Thank you, for organizing this meeting. disruption. Last time we heard, well, Mr. NEUGEBAUER. I am also Mr. PERLMUTTER. The gas issue, obvi- there is a summer spike because of de- pleased that another colleague and a ously the price going way up is hitting mand during the summertime. It’s people pretty hard. But it is a real met- fellow Texan has joined us this May, no summertime. What is the ex- evening, Congressman BURGESS. aphor in my view for the two econo- cuse? What is the bottom line? mies we are seeing emerge in this coun- f What I am so pleased about is the try. We are at a time now where the fact that our freshman class, along PRICE OF GASOLINE stock market has never been higher. with a more senior Member, Mr. STU- The SPEAKER pro tempore (Mr. People who have significant assets PAK, took on this issue this year and COURTNEY). Under the Speaker’s an- have never been doing better. Large passed today, out of this Congress, in a nounced policy of January 18, 2007, the bipartisan way, I am very proud to say corporations are making record profits. gentleman from Florida (Mr. KLEIN) is that all the Democrats and I think 70 Executives, CEOs at large corpora- recognized for 60 minutes. or 80 Republicans, I think, joined us tions, have never gotten better and Mr. KLEIN of Florida. Mr. Speaker, and passed something called the Fed- sweeter pay packages. it is a pleasure and an honor to be here eral Price Gouging Prevention Act. But the vast majority of Americans tonight with the Members of the fresh- The purpose of this act is to allow the are finding that their wages are stag- man class. All of us were elected this FTC, the Federal Trade Commission, to nant, and the prices of things that they past November with great ideas go in with some teeth and enforcement need, daycare, gasoline to get to and brought to us by the people that we authority, to go in and investigate from work, to and from daycare, gro- represent; lots of good suggestions on what’s wrong. If the price of oil per ceries, those things are going up and how to solve some of the problems that barrel is the same or even less than it concealing this so-called ‘‘tame’’ infla- our country, of course some of them was last year at this time, how could tion. are overseas and some of them are gas prices be so much higher? And all So what we are having in this coun- home, but the great news is all of them the commonsense things that we know. try is the emergence of two economies, are solvable. Every problem that we What I am going to do is I am going and our goal here in Congress is to have in this country is something that to introduce each one of you, and I am start having a Congress that stands up there is a solution to. And it typically going to ask you all, I know you all and represents the needs and aspira- requires good faith, working together, have your own perspectives and some tions of average folks. We give them a Democrats and Republicans, Independ- thoughts on this. I am going to start leg up. ents, people of good minds and good out with Congressman PERLMUTTER Every time the price of gasoline goes faith, to solve the problems. from Colorado. Please give us your up about 10 cents, that is like a $16 bil- Tonight we are going to start out our thoughts. lion hit on the consumer in this coun- conversation as the freshman class Mr. PERLMUTTER. Thank you, Mr. try. So you think about it. We have got with something that all of us came to KLEIN. a chart over here that shows gas prices this Congress to talk about and to Every other Saturday I have a ‘‘gov- going up, really doubling during the work on and to solve. And it has unfor- ernment at the grocery.’’ I visit dif- presidency of George Bush. But just

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.176 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5708 CONGRESSIONAL RECORD — HOUSE May 23, 2007 take a $1 increase in the price of gaso- pharmaceutical industry, the same class, certainly proud to be a member line, that is like $160 billion tax in- could be said for multimillionaires, as alongside my friend from Iowa, Mr. crease that all comes out of the pock- was the case for the oil companies. BRUCE BRALEY, who I will turn the ets of working Americans, the people If you probably turned on the tele- microphone over to at this point. who can afford it the least. vision and you watched people get up Mr. BRALEY of Iowa. Mr. Speaker, I You look back at the last couple of here on the other side of the aisle for thank my friend from Connecticut. I years, what has happened when we the last several years, you probably am just a simple country lawyer from have been talking about the oil indus- heard them say a lot things like we are Iowa, which is the center of the renew- try are a couple of things. Number one, saying. You probably heard them com- able fuels explosion. I don’t think I there has been very favorable legisla- plain about gas prices. You probably have ever used a six syllable word, so I tion that has benefited the oil compa- heard them say that they were going to feel a little inadequate. nies. At a time when the oil companies do something about it. Mr. MURPHY of Connecticut. I think had record profits, $125 billion over 3 Well, they didn’t. They didn’t do a you get locked up in Iowa if you do years, $125 billion over 3 years, at that single thing about it, and we see the that. time not our Congress, but the Con- evidence of it today. Gas prices spi- Mr. WELCH of Vermont. I think peo- gress that preceded us, the Republican raling higher and higher. Mr. ple are making fun of me. Mr. BRALEY of Iowa. Here is a three Congress, gave tax breaks to the oil PERLMUTTER is going to show a chart companies. The mature and very prof- here which shows the average price of a syllable world I will throw out right now: Paradox. Right now it is planting itable industry got $13 billion out of gallon today pretty soon. You are season in Iowa, and farmers are going taxpayer funds on top of the record going to see the average price for today out and growing renewable energy, so profits they had received. is on an 81⁄2 by 11 piece of paper sort of What we have done here is try to precariously stuck on to the poster that we can become energy independent, we can reduce our dependence change the rules of the game and say board. Why? Because, guess what? It on Mideast oil, we can promote na- that there has got to be a cop on the moves every single day. We have to tional security, we can promote eco- beat. It doesn’t make sense for the change that piece of paper on that nomic security, we can provide jobs, prices to be going up on gasoline when chart every day as the price goes high- good paying jobs, to the people of this we have seen the price of a barrel of oil er and higher and higher. country. So what happened when a bunch of us go down and we haven’t seen an in- Yet, at the same time, while those went out there and decided that we crease in the demand, so that the laws Iowa farmers are out there driving of supply and demand are really being were going to come to Washington to around in their pickup trucks, getting thwarted by the oligopolistic power of try to change the priorities here, do deliveries from their co-ops for their the very few oil companies that are what Mr. WELCH said, which is finally crop inputs, the cost of producing re- able to manage the price and inflate put regular middle-class folks, work- newable fuels is directly impacted by their profits. ing-class folks in charge of government what you see on that chart. Whether it What we are doing is first taking again, was that we started matching is gasoline in the pickup truck, wheth- back those tax breaks that went to big action with words. er it is diesel fuel that is affected by oil. We did that earlier on this year, We are going to get up here and talk periodic price influxes, one thing we hoping our friends on the Senate side about how gas prices are hurting reg- know is that the cost of getting energy join us. But, secondly, we are saying ular Americans, how they have less and independence goes up. And is it any that the Federal Trade Commission less ability to spend money on other wonder when we look at who we are should be active and aggressive in an- family needs, but then we are going to shifting our dependence from, people swering these questions on behalf of go and do something about it. We who create energy from fossil fuels, the American consumer. started with the price gouging legisla- and look at who is going to benefit Every 10 cents, $16 billion, that is a tion. We are going to take on some from these record oil company profits, tax increase right out of the pockets of pretty important legislation to end the that many of us campaigned on and working Americans. Our responsibility antitrust exemptions for OPEC and made the case to the American people, to the American people is to make sure international oil cartels. give us a chance to have an impact. that consumers are protected so they Then we are going to take on the big That is why I was very proud to be a are not getting ripped off. It is that enchilada. We are going to start mak- cosponsor of Representative STUPAK’s simple. They need to keep that money ing this country energy independent. bill. This whole Congress has been in their pocket and not just be subject We know that is a triple whammy. about increased accountability, in- to the abuse of the monopoly power That is about gas prices and energy creased oversight, because that is what really of big oil. prices, it is about making energy more the American people demanded when So, that is a little perspective from affordable for people, that is about they sent us to Congress. Vermont. I will turn it over to my col- cleaning up our environment, and it is Yet every day in these oversight league from Connecticut, Representa- also about national security. hearings we are talking about impor- tive MURPHY. That is what happened here for a tant problems that the people demand Mr. MURPHY of Connecticut. Thank long time, was that the inaction wasn’t solutions to. We take important votes you very much, Mr. WELCH. I just want just about trying to stem the bleeding on progressive bills that are going to to point out to the Speaker and the in one particular summer, it was about change the direction of this country. Chamber that Mr. WELCH just used a avoiding a problem that could have And every day we get the same mes- word with six syllables in it, oligop- been solved 5, 10 years ago, if they had sage from the White House: If you pass olistic. We have freshmen that are cou- started doing the things that we are this bill that is good for the American rageous, we have freshmen to take on about to do to invest in alternative and people, I won’t sign it. big industry, but we also have some renewable energy. A good example of that. The first bill pretty smart freshmen too in this case. So I am so proud to stand here with I had to be voted on on the floor of the So I don’t want that to go unnoticed. members of the freshman class, be- House of Representatives, the Small Mr. WELCH, let’s call it for what it cause we can stand here and talk about Business Fairness in Contracting Act. was. For a long time this Congress was what we want to do to start trans- It sounds pretty good. It sounds con- run by the oil industry. Whatever they forming this society back so that the sistent with the President’s statement asked for, they got here. It was sort of priorities of regular middle-class on the importance of creating fair con- a sense that if you did really, really Americans matter again. But we also tracting opportunities for small busi- well in this economy and you came and need to do something about it. nesses in 2002. Overwhelming bipar- asked for something from this Con- We also get to stand here and cast tisan support in committee. Everybody gress, then they were going to give it some votes that have not been cast in voted for it. Overwhelming bipartisan to you. You were going to be rewarded, this Congress for a very long time, and support here on the floor. 409 people in essence, for coming out on top of the that is what makes me especially voted for it. Yet the President said it heap. The same could be said for the proud to be a member of this freshman was a bad bill.

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.177 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5709 That is a symptom of the greater Mr. BRALEY of Iowa. If the gen- Also we are going to stop funding problem we are talking about. It is an tleman will yield for a question, the ar- both sides of the war on terror. interrelated problem, whether you are gument we hear over and over in this We need to talk about the war in talking about energy, whether you are body is just let the market play out. Iraq. We will be voting tomorrow on talking about ethics. That is why we Let it take its course. What is wrong supplemental funding to the President are here tonight, to start shedding with that argument? that will keep him on a short leash some light on the important point of Mr. KLEIN of Florida. Well, I think through September to see exactly where the buck stops on the problems it is fairly clear. Unfortunately, what where we are going with this war. we are talking about. has happened in this industry is there We have asked for a timeline. The I yield back on that to my distin- is a consolidation. Do you remember President has rejected. He vetoed it. guished friend from the great State of there was a term a number of years ago We have set benchmarks. He doesn’t Florida, which, unfortunately, entered called the seven sisters? That was a like those; but apparently, based on the Union right before the State of term many years ago talking about conversations we have seen in the Iowa, Mr. KLINE. large oil companies. Well, there has paper, he may accept benchmarks. We Mr. KLINE of Florida. But who’s been big consolidation with multi- need to see what is happening. keeping track? national oil companies that obviously We had a briefing today from General I think everyone in the room here have lots of different people that are Pace and from Secretary Gates and sees that there is some good logic, tending to their interests. And at this Ambassador Negroponte. The best they some common sense, that is being appoint in time, if you look in any com- could say about what was going on in plied in the development of this legis- munity, I can look at my own commu- Iraq, mixed results. With the surge in lation. I just want to touch on a couple nity in Palm Beach and Broward Coun- one part of Baghdad, there was some points ever the legislation itself, this ties, there are fewer competitive sta- reduction in casualties in Baghdad, but law that we passed today so over- tions, company stations versus inde- an explosion of casualties in the sub- whelmingly, because Americans really pendents, fewer independents, you urbs. You push in one place, and it pops are hurting. don’t see a lot of independents at all, out another place. They call it the bal- We talked about teeth, the Federal which really drives the market a little loon effect or toothpaste effect, the Trade Commission, which is an exist- bit. Then, at the end of the day, there squeeze effect. ing Federal agency that is responsible really is very little activity that would We have to make some changes here, for fair trade. It is self explanatory, show there is true competition. and that is what this Congress is about. fair trade. What can we do to make But I think the real question, of We will be keeping this President on a sure that organizations, businesses, big course, and what this law is going to short leash. We will be imposing some oil in this case, that in fact if there is get to, is there is market manipula- benchmarks to see if there really is market manipulation, if it is going on, tion, are there antitrust violations. We any progress in Iraq. what can we do to get to the bottom of are going to define it, we are going to I know we all want to see progress it? strengthen it, and there are con- and stability, but that is not what we Well, the questions will be asked. sequences. are seeing on the television or reading What does it cost to drill? What does it By the way, don’t let anybody tell in the newspaper. And the American cost to refine? Why is there a dif- you, some of the Republican debate on public knows that. They are not being ference between the cost of crude and the floor, some of the Republicans that fooled any longer. We are going to the cost of a gallon of gas? Why does opposed it said, oh, we are going to change the direction of this war. We gas cost more in Fort Lauderdale, right knock down the independent service cannot continue by paying this kind of near a port where the gas comes in, stations, the little mom and pop gro- money at the gas pump funding both than it does 500 miles inland? These are ceries that have a pump in front of sides of the war on terror. common sense questions. When there is them. One of the things I am going to talk We are not talking about them. The transparency in pricing, there is no about tomorrow is the fact that by minimum size of activity that can be- price gouging. being in Iraq, we have stretched our So what we are asking for is some- come subject to this is a company that military forces to the breaking point, thing very simple. We want competi- sells $500 million of fuel. both Active military and our National tion. We all believe in the capitalistic b 2230 Guard. The National Guard, 88 percent system. We want to see thriving com- So we are not talking about the mom of the equipment of the National Guard petition. Competition is good for qual- and pops. We are the one who are pro- has been deployed to Iraq and hasn’t ity, pricing and everything else. But tective and interested in our commu- come back. We are coming into a hurri- when there is something so out of nities in the mom and pops. cane season. We have forest fires that whack here, when you see there is no I think there are lots of questions are plaguing the West and Florida. Is common sense, a barrel costs less, price out there that need to be answered. our National Guard prepared to deal is up. No disruption in the oil, no dis- Again, I think the consequences of vio- with that? ruption in the refining. Nothing that lating our Federal law is what is going Their mission, they have three mis- really should cause this kind of surge. to change this. sions. The first mission is homeland de- In fact, we see by this chart on the Mr. PERLMUTTER. If the gentleman fense, protecting our country against day that President Bush was sworn would yield, I think we have to get attacks that might happen here, into office, back January of 2001, gas back to basics here. We have to have a whether it is a 9/11 or some other type was at $1.47. Today, it is $3.22 on aver- diversified energy portfolio. of attack. The second is civilian sup- age in the United States of America. One of the things that you were talk- port, helping in the event of another What is wrong with this picture? ing about and Mr. BRALEY was talking Hurricane Katrina. The third is to be Now, this is a matter, as it was said about was renewable energy. The deployed overseas. by one of our colleagues, a matter of American people are way ahead of Con- Now, we know that our National national security. It is a matter of our gress, and it is our job to change the Guard, I don’t know if, in fact, in ei- economy. Certainly it is a matter of direction of the Federal Government ther of your States, but the Colorado our environment over time. on this subject because it is good for Air National Guard is going to be de- So one of the other things that we national security, and it is good for the ployed for the third time within the are also committed to, I know every climate, and it is good for jobs. last 3 or 4 years to Iraq, which is one of us in the whole freshman class, Quite frankly, if we have a diversi- stretching their ability to deal with and I would say many of the Repub- fied portfolio where we have biofuels, things in Colorado or to assist other licans came with the same view, but we and where we use solar and wind where State National Guards in the event of a are going to take some action this time appropriate, and have hybrid types of natural or man-made disaster. in a bipartisan way, we have to move cars, we will not be so beholden to a We as a Congress have an obligation this country toward energy independ- particular company or companies in to look after this country and not to ence. the gasoline business. continue to pursue things where we are

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.179 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5710 CONGRESSIONAL RECORD — HOUSE May 23, 2007 refereeing a sectarian civil war. Things Mr. PERLMUTTER, and I am soliciting driven home with me in February when have to change. more, is to make our offices carbon a huge ice storm hit my State. We had I heard our friends on the other side neutral here in Washington. When I got 350,000 people without power. The 133rd of the aisle in the hour that proceeded here, I was concerned about global of the Iowa National Guard has been us saying we have an obligation to pro- warming. I checked into how much car- stationed in Iraq for over a year and tect and defend the Constitution, and bon pollution did I create just by turn- had their deployment extended by an- they are absolutely right. And we have ing my lights on here in Washington other 120 days. They were struggling an obligation to protect and defend and Vermont, flying back and forth to with people available to respond to this this country. We cannot continue the my district, and then driving around. very significant demand for assistance. way we are going in Iraq. So the Presi- It is quite staggering: 754 tons. That is So that is when you understand in a dent wants to stay in Iraq. He vetoed a a lot just to show up for work. very real way how foreign policy af- timeline that establishes a thoughtful I tried to find out how to offset that. fects domestic policy in your district. redeployment of our troops. But at this Change the light bulbs, turn the ther- But as my friend from Vermont point we will let him have, I believe to- mometer so you don’t use as much air knows, when he was talking about the morrow’s vote will allow him, mostly conditioning or heat, and then invest need to preserve the heritage of agri- with Republican votes, to have funding in renewable energy that would allow a culture in this country and its impor- through the end of September. At that farm in southern Vermont to do a di- point we will see where this surge is gester, a methane digester, which adds tance to our economy, my great-great- going, whether it is better than mixed to the bottom line of farms, and all of grandfather, George Washington results. If that is the best you can say our farms are struggling to make ends Braley, walked from Vermont in Mr. about the surge, it is mixed results, meet. We have to keep our farms in WELCH’s district to Iowa in 1855 look- that is not very good, and it is time for production and have local production ing for better farmland, Mr. a change, and we intend to bring a of agriculture for the ag economy, but PERLMUTTER, better rain. change to this country. also for a way of life that a lot of folks My parents both grew up on farms in We all know that one of the issues in in Vermont and Iowa want to main- Iowa during the Depression, and the Iraq is oil. We can’t forget about that. tain. whole sense of stewardship and pre- We need to decrease our dependence on Mr. PERLMUTTER. If the gentleman serving the land for the next genera- foreign oil so that we don’t have to be would yield, following your lead on this tion is something that is almost a spir- in a place like Iraq unless it is there carbon-neutral office, we actually next itual quality about farming. I know for real humanitarian reasons and not week are going to have a press con- there are very many people looking for there for oil or other purposes. ference on a carbon-neutral office. We ways to diversify their agricultural Mr. KLEIN of Florida. When we went are buying power from a wind energy economy. into Iraq in the first place, they were farm in Lamar, Colorado. We have Mr. KLEIN, you raised a very good supposed to be able to pay for their en- talked our landlord into putting solar point about the multiplier effect of re- tire rebuilding through their own oil on top of the office building. We use newable energy. Right now Iowa ranks revenues. Unfortunately, that has not the stairs and not the elevators, and we third in the production of wind power, happened. are working with the National Renew- which surprises people. They go to I know Mr. PERLMUTTER has been one able Energy Lab, which is the lab Mr. Palm Springs and see those huge wind of our leaders on renewable energy, as KLEIN was referring to, to assist us in farms, and they know there is also a has Mr. WELCH. coming up with a carbon-neutral, en- lot generated in Texas, but Iowa ranks Mr. WELCH, you have brought many ergy-efficient, sustainable type of of- third. Part of the reason for that is ideas forward on renewable energy and fice. windmills have been a way of life in my alternative energy and energy inde- In Colorado, we don’t have the mois- State for over 150 years. pendence. Why don’t you bring us up to ture or quite the fertile ground as it is date on some of your thoughts. in Iowa, so there is a lot of dry-land But there is a very acute shortage of Mr. WELCH of Vermont. First of all, farming. One of the other ways for wind turbines in this country. People Mr. PERLMUTTER is right, oil has made farmers to derive an income is going to who want to convert to wind energy us vulnerable in foreign policy. A big be through wind energy. We have a and want to have the ability to produce reason we are in Iraq clearly is related number of wind energy types of plants electricity from wind are facing signifi- to oil. I think we have to be much developing in Colorado as well as solar cant shortages of turbines, specifically straighter with the American people farms. those manufactured in the United than Congress has been. Mr. WELCH of Vermont. Right. What States. A lot of people, municipalities We are doing two things here. One, you are describing is the fact that you that are looking to convert to wind with this legislation, the price gouging are going to produce your energy lo- have to go to the European market be- legislation, we are providing basic pro- cally, so you are not going to have to cause they are on long waiting lists tection against rip-offs, and that is just go to the Middle East and ship it all of from U.S. wind turbine manufacturers. the fundamental responsibility that the way back here. The money you Recently there has been an incentive people’s government has is to make spend on energy are going to be dollars to factories that are creating new wind sure that the people with a lot of that stay in Colorado or Iowa. Every turbines. There is a new factory in money, corporate power, don’t use that dollar you keep in your local economy Iowa that opened up recently. So when power to rip them off. That is one. gets circulated and multiplied. That is we are talking about how this has a Second, we have to develop an energy what creates jobs. We have to break ripple effect throughout our economy, policy. An energy policy, as has been the stranglehold of our addiction to oil. it creates jobs and incentive for people said, is going to give us a lot more free- It is all about building a local econ- to try new and innovative energy tech- dom in foreign policy, not create these omy. nologies, and we all benefit from that. enormous pressures to get involved in Mr. KLEIN of Florida. We all are That needs to be part of the overall dis- wars that we shouldn’t be involved in. very committed, and we are seeing cussion we are having about how we Secondly, it is obviously good for the some great ideas. This is about busi- create incentives to move people to environment. ness and consumer behavior changing. clean energy sources. Third, as the gentleman from Iowa You also mentioned something about Mr. KLEIN of Florida. Another big (Mr. BRALEY) has been saying, it is National Guard. In Florida, we are good for the economy. The legislation coming up on our hurricane season issue that many of us ran on was ethics we have to pass is not just on pro- June 1. The National Guard has played reform and lobbying reform and the tecting the consumer, it is about cre- a big role in emergency services. whole notion of this connection be- ating a projobs, pro-high-tech, Mr. BRALEY, I know you have a lot of tween lobbyists and legislators and progrowth approach to addressing in a specific information about your Na- Members of Congress. straightforward, confident way the en- tional Guard. I know in Florida before I left Flor- ergy challenge that we face. Mr. BRALEY of Iowa. All of us have ida, and I was in the Florida Legisla- One of the small bills that I have our own natural disasters we deal with ture for a number of years, we passed a sponsored and you are a cosponsor of, on an annual basis. This point was law that said you can’t take a cup of

VerDate Aug 31 2005 05:42 May 24, 2007 Jkt 059060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.180 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5711 coffee. It used to be fancy meals, fancy That’s why people wanted to see a that we are proud and privileged to trips and wine. You know something? new direction in this Congress. They serve in is that same type of open, hon- The average person and most of us who wanted to see a new direction in Iraq. est and accountable place to do busi- ran said that was not necessary. It cre- They wanted to see a new direction in ness. ates an impression that there is this how we did business within this cham- So I’m very, very excited to be with unholy connection between a lobbyist ber, and they’re getting those very my freshmen colleagues talking about and a Member of Congress. things. why we ran on a platform of restoring I’m proud to be part of the impetus, ethics and accountability in Congress, b 2245 the catalyst to make those kinds of and I’m very pleased that we are bring- Of course, we also know that many changes, to make the big change when ing together collective experiences people who give us information are lob- it comes to energy. We can’t wait any from all over the country, the experi- byists, too, but they come in the un- longer to change the way we deal with ence that you bring from your back- paid variety. One of my teachers talked energy in this country, whether it’s be- grounds of working in your own State to me about No Child Left Behind. cause we’re just continuing to put legislatures, and knowing that people That’s a lobbyist as well. We’re talking more and more exhaust into our cli- have a right to expect this type of ac- about the paid ones. mate or we want to wean ourselves countability when they walk into the I’m very proud that this Congress, from foreign oil or we want jobs. voting booth and put your name on this House, in the earliest going, one of I mean as Mr. BRALEY was saying, we their ballot. the first packages we passed out of this need turbines, we need solar panels. Mr. KLEIN of Florida. If you think chamber was to change the rules that There’s construction jobs by the thou- about accountability and confidence, if this House governs itself by, and the sands and thousands as we move to a you have confidence in the people that freshmen of this class, of course, once new type of energy for this country, are representing you, you will cer- again took the lead because we felt we and we’re making that change. tainly have a lot more confidence in were the closest ones, having heard the This Democratic Congress is making the policies and the things that they do most from the public that we said no the change that was so desired by the in Washington. more cups of coffee, no more fancy people of this country. They wanted a And what happens in Washington, meals, none of that. new direction, and that’s what we’re whether it’s dealing with Iraq or You know something? It works just giving to them. whether it’s dealing with the cost of fine. I think all of us can buy our own And I do want to tell you that your health care, which is another huge cup of coffee. We had a little cup of cof- great-grandfather was George Wash- issue which hopefully we’re going to fee before. Mr. WELCH and I, we had our ington Braley. My grandfather was start tackling soon, or whether it’s dinner together and were glad to pay George Washington Bristow anyway, dealing with any number of issues that for it ourselves. for just pure information. we are talking about right now, I feel Mr. WELCH of Vermont. A good Mr. WELCH of Vermont. It’s very im- so much better now just watching the chicken sandwich, $7.16. portant the American people know process than looking last year and see- Mr. KLEIN of Florida. But it goes be- that. ing the Medicare bill that was drafted yond that. I think there are other ways Mr. KLEIN of Florida. I thought it by pharmaceutical companies that had that we can break this link, and I was George Washington Perlmutter. a big donut hole and really took advan- think some of the discussions going on Mr. BRALEY of Iowa. I have to say tage of people’s good intentions of right now of continuing to do things I’m really the rookie of this group be- needing health care at an elderly age. and disclosure and all those kinds of cause all of my colleagues who are still And certainly in Florida, in all of our things are very important in making here tonight had the great privilege of communities, we have a lot of senior sure that the history of this Congress, serving in their State legislatures. citizens. particularly over the last few years, They’ve had to struggle with these So the Medicare and the pharma- whether it was the Cunningham and issues, especially these important ceutical issues unfortunately were not the Tom DeLay and the Bob Ney. issues on ethics. handled the right way, you know, the Mr. WELCH of Vermont. That was il- One of the things that I talk to peo- energy issues. These are solvable prob- legal. That was beyond us. That was ple a lot about coming from Iowa is lems. We started talking about that in pure criminal conduct. how it just amazes me how other peo- our opening tonight, solvable issues. Mr. KLEIN of Florida. That’s right, ple really struggle with the sense of Little bit of backbone, little bit of and there’s still unfortunately a few open and fair government because the roll up your sleeves, and turn off the that are still being investigated, and State that I come from has probably air conditioning, and put a coffee down that’s going on and that’s wrong. It’s the most fair reapportionment system and nobody’s getting up and out until wrong at home, in any business. It’s of any State that I know of. In fact, you finish the job, that’s the kind of wrong in any community whether it’s there’s been national news articles can-do attitude that I think we have done person-to-person, and certainly written about it. and we’re going to continue to have when you run for higher office in Con- Mr. WELCH of Vermont. Remark- over the next year. gress, you have a higher responsibility able. Mr. WELCH of Vermont. I agree with to make sure that you do the people’s Mr. BRALEY of Iowa. Because you. It is very exciting and an incred- business and you’re an independent there’s a bipartisan commission every ible privilege for all of us to be here. thinker. 10 years that is balanced by geography And there aren’t free meals and there So I think I’m very proud and I know and that’s required to come up with a aren’t free trips and all of the things these discussions are going on right plan that is fair and equitable, and the that have been abused in the past, and now. State legislature can only vote the that cuts across Republicans and Mr. PERLMUTTER. Very first thing plan up or down on the first two tries, Democrats, and it’s all so that we can as you said that we did was an ethics and not until the third try can they try to do a good job and give con- reform to the rules. So we took a huge tinker with the boundaries. And in all fidence to the American people. step the first day we were in this Con- the years that plan has been in place, But the challenge we have is giving gress. Tomorrow, we are going to add not once has the legislature ever got- us confidence, giving this Nation con- to that from a bill that came over from ten to the point of redrawing districts, fidence that the Congress actually has the Senate as to certain other parts of and people accept it because it’s done as its first priorities the needs of the lobbying reform. So we are continuing in a way that creates a sense of fair- American families, not the needs of the to make strides so that this place is ness, a sense of openness and a sense of corporations that are doing really well, open and transparent and people really accountability. which is not to say get in their way be- know that we’re working for the bet- And I think that really gets to the cause we’ve got to have jobs and cor- terment of the entire country, you heart of what we’re trying to talk porations do good things and create know, not a select few, and that’s real- about in the need to make sure that wealth, but we have to have a commit- ly the change that’s going on here. people have confidence that this body ment to building a middle class.

VerDate Aug 31 2005 05:42 May 24, 2007 Jkt 059060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.181 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5712 CONGRESSIONAL RECORD — HOUSE May 23, 2007 What’s always been the great hall- lower taxes, but you have to have you can’t keep spending, adding new mark of American democracy has been lower spending. It has to balance, and programs unless there’s money in the we’ve had an economic agenda that has it still just goes beyond my imagina- budget. You can’t pretend there’s some said to people, who are willing to work, tion as to why Members of Congress trickle-down future great thing. If it that they could climb the ladder of op- over the last number of years could happens, wonderful, but you know portunity, and we pursued policies that spend and spend and borrow 10s of bil- something, we all want lower taxes. We gave them the chance to do it. Afford- lions of dollars. all want a reasonable amount of spend- able and accessible education, afford- Mr. WELCH of Vermont. Hundreds. ing, but you’ve got to be fiscally re- able and accessible health care, non- Mr. KLEIN of Florida. From China, sponsible. discrimination, the big fight that this and seems like such an unfathomable, I’m just proud that we’re getting country had for years that ultimately unsustainable kind of thing. Did you things back on track. So maybe like in we’ve made enormous progress on. So ever operate your small business that the 1990s, when we moved into a budget people, regardless of the color of their way or you personally? You balance surplus, which we should have been skin, their sexual orientation, their re- your checkbook. proud of and sustained that over time, ligion, they have something to offer Mr. WELCH of Vermont. Well, all of we want to go back to the old ways of and they want to work, they’re going us come from States where you’ve got the 1990s and certainly not the way of to have a chance to get ahead. to pay your bills. the last seven or eight years. Much of what we’re trying to do on Mr. KLEIN of Florida. A balanced ethics, I agree with you. We served in budget. Every one of our States at the b 2300 the State legislatures. We had sunshine end of the year, we all participated in Mr. BRALEY of Iowa. I think one of laws. We didn’t have lobbyists buying a balanced budget, for 14 years. the things that the American public things. It’s all an alien situation that Mr. PERLMUTTER. If I could jump doesn’t really fully appreciate is how has been described here in D.C., but in here, I mean what was happening difficult it is to operate under pay-as- we’re trying to bring the Iowa values under the prior Congress and under this you-go budget rules, where you have to and Vermont values, Florida, Colorado, President, President Bush, is a classic find someplace to cut in order to intro- here to D.C., and we’ve got to hang on borrow and spend, borrow and spend. duce a new program. Everybody has to that. But it’s all in service of trying There was no limitation on what you needs, everybody has wants, everybody to get the job done so that we have an would buy or what you’d spend, but comes here with their wish list. economic agenda that helps average you’d cut taxes and you’d prosecute a But the harsh reality is we have to people. war that’s cost us, by the end of 2008, make difficult decisions every day Mr. BRALEY of Iowa. I want to just $750 billion. The budget of Colorado is about how we are going to allocate re- follow up on your comment that I about $15 billion for a year. We’ll have sources. That’s one of the things that think is very prudent that we hear spent $750 billion in Iraq by the end of makes this job so important and so dif- about that people don’t talk about a 2008. Right now we’re at about $550 bil- ficult. lot, and that is the disappearing Amer- lion. Mr. PERLMUTTER. One of the ican middle class. And I’m here sur- Mr. BRALEY of Iowa. My math is not things that I think is also important is rounded by distinguished colleagues, good, but that sounded like about 30 we have taken steps to be fiscally re- and I’m going to make you the eco- years of a Colorado State budget to me. sponsible. We dealt with a budget early nomic physicians and make a diag- Mr. PERLMUTTER. It’s a long time, on in February. We are dealing with a nosis. and it means that we’ve given young budget right now. We are dealing with If you look at the symptoms of what men and women to this fight in Iraq, the supplemental emergency request. we talked about, all of us, out on the we’ve given our treasure to Iraq, and We are able, in those budgets, to put campaign trail leading up to last No- we did it without the sacrifice that or- our fingerprints and our values, our vember’s election, you look at the fact dinarily comes when you fight a war budgets reflect our values, and one of that you’ve got 47 million Americans and that is through taxes. So we ran the things, that we had a number of without health insurance, 37 million this gigantic deficit. bills that came through here today, Americans living below the poverty Now, the Republican Congress last some things that are going to happen line. That sets a floor of where your year didn’t even pass a budget, and this tomorrow, is back in February, we in- middle class starts, and when those year the Congress sent a budget to the creased benefits to veterans like hasn’t numbers keep growing, we know, at President that balances the budget been done in the 77 years of the Vet- least I think we should know, that within 5 years, as opposed to con- erans Administration, because we rec- we’ve got a problem, that we need to do tinuing to run deficit and deficit and ognized the service and the sacrifice more to drive those numbers into what grow the debt and grow the debt. We that these men and women made for we’ve traditionally associated with the will balance this budget within 5 years. our country. middle class, which says that if you Quite a feat. There’s some places where We have increased their benefits; in- work hard, you play by the rules, and we’ve got to tighten the belt, but as stead of scrimping along and they get you get minimum opportunities to as- you said, we rolled up our sleeve, made the last little bits, we are increasing sist you to get up a rung on the eco- some tough decisions and took on a those benefits. We are working on the nomic ladder, you’re going to do bet- budget that was absolutely out of con- military hospitals, the hospitals. We ter, your family’s going to do better, trol under the prior Congress, and changed the fingerprint. That’s a value your children are going to do better we’re doing something to benefit the that we hold. We added money for re- and you’re going to create a stable en- American public and not saddle them newable energy research. That’s an- vironment that contributes not just to with debt. other value that we hold. We are in- this society but to the way that we Mr. KLEIN of Florida. The discipline creasing money for children’s health think of ourselves as Americans. it takes to do this Federal budget, insurance, another value that we hold Mr. KLEIN of Florida. I was just which we’re doing right now and I’m dear. thinking as you’re talking about the really proud we’re doing it, is the same We have done this within these budg- economic dream and the responsibility, discipline that you do with your own ets where Republicans in the prior Con- and one of the things that I heard on family budget. You don’t keep bor- gress couldn’t even pass a budget. We the campaign trail over and over and rowing and borrowing and borrowing if are showing the values of improving over again, and I just felt that in my you can’t afford to pay it back. And the lives of the people in the middle, own heart as a small businessman, we these are the kinds of things that are not the wealthiest 1 percent, but the had 75 employees in our business, was absolutely necessary. What is this prin- hard-working people in the middle and the fact that this government, for so ciple that we passed I think unani- the veterans who so valiantly served many years, was just operating in this mously in this House. our country over the many years. deficit higher and higher, spend and Mr. WELCH of Vermont. Pay-as-you- I am just proud to be part of a Con- spend and spend. go. gress, part of a class with all of you And it’s one thing we talk about Mr. KLEIN of Florida. PAYGO, pay- where we really are changing the direc- lower taxes, which obviously we want as-you-go. You can’t keep borrowing, tion of this Nation. This is a big ship

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.183 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5713 that we are steering here. It doesn’t actually not only allow, but demand the Democrats have come out of the change very easily, but in the last 3 or amnesty for 12- to 20 million illegal im- Senate, remember, they are the major- 4 months, we made some major migrants in this country while millions ity in the Senate, too, and they have changes. wait patiently outside to immigrate come out with a proposal to, they say, Mr. BRALEY of Iowa. I would just into our country legally. solve our immigration crisis. like to encourage all of my colleagues Tonight I am honored to be able to I want to say, and I have told this to to watch a very special edition of ‘‘60 have colleagues here to be able to ad- the White House, and I have told it to Minutes’’ this week. It’s going to be fo- dress the issues and actually talk my colleagues here in Congress, and I cusing on the Ironman Battalion, the about what’s going on in their districts tell them again, the American people 133rd, based out of my hometown of and address the issue that where does want a solution to the illegal immi- Waterloo, Iowa. It is the whole 60 Min- America go from here? How do we stop grant problem. That’s where they see utes program. They are currently sta- the Senate from making this terrible and know the crisis is, and they are tioned in Iraq. mistake? How do we turn the President saying you have the tools and have had A member of the Iowa Legislature, and the Senate away from the path of the tools to do something about this Representative Ray Zirkelbach, has amnesty that was followed in 1986, problem for a long time, over 20 years, been serving and has missed two ses- which caused the greatest influx of il- and nothing has been done. The Amer- sions of the Iowa Legislature because legal immigration? How do we get the ican people see this as a crisis, and of the extension of their deployment. elite here in Washington to wake up to they are right. I am very, very proud of the Ironman the fact that you do not stop illegal You know, for 20 years I sat on the Battalion. I am in frequent contact immigration by announcing to the bench as a district judge in Texas. with their commanding officer, Lieu- world that you are now going to reward When people broke the law, the people tenant Colonel Ben Correll, who is also up to 20 million people who are ille- of our country, in Williamson County, from my district, Strawberry Point. I gally in the country? Texas, they wanted the laws enforced. think it’s significant that as we head I have the privilege to recognize the They called upon our sheriffs and our into this Memorial Day weekend, peo- gentleman from Texas at this time. law enforcement officers to enforce the ple like me, my father served in the Mr. CARTER. I thank my friend from law, and they called upon our courts Marine Corps on Iwo Jima, that af- California for recognizing me on this and our juries to enforce the law. I am fected his entire life, my brother works very important issue to the people of proud to say we did. at a VA hospital in Knoxville, Iowa; the United States of America, the This issue is a law enforcement issue opening of our borders and the pouring it’s important that we pause and re- as much as any other issue. There are in of somewhere between 12- to 20 mil- flect on these sacrifices that we talk between 12- and 20 million people in lion people who have broken the laws about every day in this Chamber, but this country, we are told by some, of the United States of America. came here to start a new life. You also that we honor the brave men and I want to talk a little tonight about don’t start a new life by breaking the women serving this country. what’s going on in my district and law, and the American people know I think this program is going to do what’s going on in Texas and what’s that. The American people want some- an excellent job of exposing everyday, going on in the country. But, first, I thing done about it. middle-class Americans who picked up would like to respond to some talk The American people want us to de- out of their very busy lives to serve that took place in the last hour, just fend our sovereign borders of the this country in its time of need, and I for a second. think it will be a very informative and When we talk about gasoline prices, United States and to tell these people, rewarding experience for everyone. you know, all this talk about gasoline you cannot break the laws of the Mr. KLEIN of Florida. I thank you prices, I saw in this last hour, they United States and then expect to come for that close, because as we do ap- kept trying to say all this was Presi- into this country and get the benefits proach Memorial Day, we do want to dent Bush’s fault. The Democrats are and the privileges of being a United extend our appreciation and our ac- in charge of Congress. They have told States citizen. They are unhappy. knowledgment to our families all over us tomorrow that they are an equal When the Senate bill was announced, the United States whose lives were af- branch of government, and that they I believe it was last Friday, before the fected by brave men and women who are, in fact, in charge of this Nation at end of the day and into Monday, we served our country and made the ulti- this time, and they are responsible for had over 1,000 phone calls, an estimate sacrifice. these gas prices. It’s time to be respon- mation. I know we had over 400, I think We conclude this evening. I would sible to go along with your rights. The it was, right here in D.C. Then our like to thank my colleagues, Mr. Democrat majority has something they other two offices were overwhelmed PERLMUTTER, Mr. BRALEY of Iowa and can do about gas prices, but, of course, with phone calls, all from citizens who Mr. WELCH, representing our freshmen let’s look at what they have done. we, you know, who are people of our class. We look forward to, every week, The first thing they did in Six for ’06 community, who live and work in our coming back here and giving a little was take away the incentives to en- community, and every one of them said update on what is going on. courage domestic drilling and, in fact, this is an outrage. Do not support this We look forward to another busy place a tax on gas production, and, concept of amnesty for people who week, and, of course, a working week thus, decrease the availability of have broken our laws. They have to be at home catching up with our friends American petroleum to replace our responsible for their own behavior. We and family. Have a nice weekend, ev- burden on foreign petroleum. They pro- raise our children to be responsible for eryone, and we will see you soon. posed a cut-and-run theory on dealing their behavior, and we expect them to f with the issue in Iraq, which, if we cut be. and run, would turn over the second We tell the American citizens, we set ILLEGAL IMMIGRATION largest oil reserve in the world to Is- up a series of laws, we call it the rule The SPEAKER pro tempore. Under lamic terrorists. of law. It is a basic principle of the Re- the Speaker’s announced policy of Jan- They propose now, out of the Senate, public of the United States that the uary 18, 2007, the gentleman from Cali- to open our borders to the illegal aliens people respect the rule of law. Without fornia (Mr. BILBRAY) is recognized for that are already here and to put to- it, democracy and the Republic cannot 55 minutes. gether a policy which would encourage function. Yet we have proposed a bill Mr. BILBRAY. Mr. Speaker, I appre- more illegal aliens to come across our that will waive the rule of law for up to ciate the chance to speak before the borders and consume 20 million peo- 20 million or possibly more than 20 mil- House today, and it’s about an issue ple’s worth of oil and gas in this coun- lion people that are in this country il- that many Americans all over this Na- try. These are the things that they are legally. tion are discussing, are listening about, criticizing the Republican minority for That’s just not right, that’s just basi- and, frankly, are very concerned, if not causing the gas prices to go up? cally old country boy not right to the outraged, and that is the proposal be- But that all just gives you a picture folks back in Texas and to the folks, I fore the Senate this week that would of where we are going right now. Now believe, across this Nation. They get up

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.184 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5714 CONGRESSIONAL RECORD — HOUSE May 23, 2007 every day, and they abide by the laws States, following the rules in the effort cram bills through in a hurry, espe- of the United States. They pay their to go to work, enjoying the freedom of cially when they are so controversial. taxes. They do the right thing for the the world we live in, and ultimately by You know, you mentioned, we want right reasons because that’s what doing the right thing, the right way, to talk a little bit about our districts. Americans do. That’s the kind of peo- hopefully become American citizens. I live in, I think, the most beautiful ple we want in the country, people who Mr. BILBRAY. Reclaiming my time. area of the world, the Fifth District of abide by the law. I am chairman of the Immigration Cau- North Carolina. I am very blessed to To just say that it’s a good way to cus, and I am proud that my mother is live there. And I live among, I think, start a new part of our population by an immigrant, a legal immigrant. She the brightest, hardest-working people letting them break the law to become came here, played by the rules; and, as in the world. And they are very intel- part of our Nation, it just flies in the she reminds me again and again, it is ligent, very conscientious, very patri- face of everything America thinks is an insult to her and everyone else who otic people. They are upset about this right. We hear the argument, we are played by the rules to gain legal status proposal. They don’t like it. sure they are good people. I am sure in this country to watch anybody, let Since I came to Congress a little over they are good people. They are hard- alone the Senate of the United States, 2 years ago, I have been telling every- working people. I have lived in Texas announce to the world that they are body who would listen, this is the big- all my life, and I have seen this phe- going to give up to 20 million people gest issue in my district, it is the big- nomena all my life. the cherished ability to live perma- gest issue in most districts. And why? These are hard-working people. I nently in the United States and to give Because the American people, and have visited with many of them in my them a vehicle towards citizenship. again particularly the people in my limited Spanish and find them to be At this time, I have the honor to district, have played by the rules and people looking for a job and who are yield to the gentlewoman from North they understand the importance of the hard-working. But it doesn’t change Carolina. rule of law. the fact that they are starting their Ms. FOXX. I thank the gentleman for I tell folks over and over what makes life in the United States of America il- taking on the task of serving as chair- this country so special are three legally. This is wrong, and the Amer- man of our Immigration Caucus. I ap- things: the rule of law, our moral ican people know it’s wrong. preciate the leadership that you have underpinnings, and our capitalistic Mr. BILBRAY. One of the things, I given to it and I appreciate the com- way of life. But you can’t have moral think, people misunderstand when they ments that you and Congressman underpinnings and you can’t have the talk about the amnesty, that people CARTER have made tonight. I have sev- capitalistic system if you don’t have that are here illegally working in the eral points I would like to make. the rule of law. United States are not just violating The members of our caucus know Now, we can do something about ille- immigration law. A lot of people don’t that I am very keen on the use of lan- gal aliens who are here in our country. realize that about 73 to 75 percent of guage, and that language makes a big People say, oh, we can’t do anything everyone who is here illegally is work- difference. And we keep hearing over about them. We surely can. What we ing illegally because they acquired and over from the supporters of this can do is start enforcing our laws. We false documents, stole somebody’s ID Senate bill that this is not amnesty. have not been doing that. Both Demo- or identification to work, which is a But I think it is important that we de- cratic and Republican administrations felony. fine the word ‘‘amnesty,’’ so I looked it are guilty of it. I can’t forgive our Re- The Kennedy proposal in the Senate up under dictionary.com unabridged. publican administrations because they not only gives amnesty, an exemption The first definition: a general pardon are guilty of it, too. But we can close from prosecution, for being illegally in for offenses, especially political of- down our borders and we can enforce the country, but exempts them and fenses against the government, often the laws as they are now. And I think gives amnesty for the felony they com- granted before any trial or conviction. that what we have to do is we have to mitted when they used somebody else’s And then I like this one, another one look at this issue of illegal immigra- identification or used false documenta- from Online Etymology Dictionary: tion in a very careful, law-respecting tion to acquire a job. pardon of past offenses, intentional way. The solution doesn’t lie in whole- So we have got to remember that we overlooking. sale amnesty. are not only giving amnesty for immi- I think that is what we are talking And the President has said that this gration, we are now proposing that we about here. And, again, I think it is im- bill will treat people with respect. will pick a certain population to be ex- portant that we define what we are Well, I respect the President, but I empt from a felony violation and not talking about. That is exactly what the have to strongly disagree with him. Be- only forgiven for that violation, but to Senate is proposing. cause from what I have seen so far, this be given a special program, the Z visa, Now, the other thing that I want to bill fails to respect the millions of peo- that only those who have broken the say is that I am really concerned with ple who have worked within the system law qualify for. Those individuals who the way this bill has come out. It is and have immigrated to our country le- have been waiting patiently to immi- being debated in pieces. It was written gally. And those people who want to grate into this country illegally are in secret, sprung on us late in the day, come to this country legally, they are not allowed, under this proposal, to and it didn’t go through a committee doing it the right way. These people have the Z option, to go for the Z visa. structure as most of our bills do. It was have done it the wrong way. We are not That is a concept of rewarding illegal brought straight to the floor of the going to reward, we cannot reward ille- behavior, a little felony illegal behav- Senate. The leadership of the Senate, gal behavior by uttering platitudes ior, when you are telling those who the Democratic leadership of the Sen- about respect and fairness. Our first have not broken our laws that you are ate wanted to cram it through before principle on immigration reform has to not going to offer them the same thing. the Memorial Day holiday. be upholding American laws. If we do Those kinds of actions are not the ac- not do that, then our system will be b 2315 tions of people who are proud of what fundamentally flawed. Mr. CARTER. Absolutely. And you they are doing. If they were proud of The bill that the Senate is proposing hit on a very good point, and I thank this bill, they would have brought that is going to legalize these people imme- the gentleman for yielding. The point bill to a committee, they would have diately. They talk about triggers being that you hit on is that there are people debated it, they would have heard the in there, but the triggers don’t really that are trying to do it the right way, arguments pro and con, and then they go into effect. And the triggers are that have been waiting patiently to do would have come up with something nothing but laws that we have already this the right way in countries around that was discussed openly with lots and had in place for a long, long time. And this world; not just from our neighbors lots of people. That is the way, as Con- if this bill passes and is signed by the to the south, but all over this world gressman CARTER says, our Republic President, we will be, I think, doing se- that have waited patiently to get the operates. We don’t operate in secret. vere damage to our country, not just in opportunity to come to the United We don’t do things like that. We don’t the short run, because I think that it

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.185 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5715 will be both in the short run and in the were given amnesty. It turned out it Senators about how they feel about long run. There will be a huge battle was 3 million. Now, 20 years later, this, and turn this around in the Sen- ahead of us if we pass this bill, because rather than having 3 illegals in our ate, because we need this bill to be we are going to be facing more and country we have 12 to 20. Mr. KENNEDY, killed in the Senate and not even come more illegal immigration. did your amnesty really eliminate ille- to the House of Representatives to be In addition, as I said before, the peo- gal immigration? debated. But I know that we as Repub- ple of the Fifth District are very bright I will tell you as somebody who was licans are going to have some alter- people. They know amnesty when they down at the border, I was actually the natives that we will be presenting in see it, and they know that if this bill chairman of San Diego County on the this House, and I hope that the major- or something even vaguely like it border, a county of 3 million. The ity party, which has made so many passes, it is going to dilute the mean- greatest influx of illegal immigration promises, none of which it has kept in ing of citizenship in this country, and that we have seen in this country hap- this session of the Congress, will listen that is the last thing we want to do. We pened immediately after the last am- to the people and say, we are going to are the last best hope for freedom in nesty. And anyone who says that we take up legislation that will do what this world; and if we don’t enforce our are going to stop illegal immigration needs to be done, which is protect our laws and help people come here legally by announcing to the world that 20 borders and provide for national secu- who want to come here, and deal with million illegals got rewarded is either rity and give the people a true immi- things on a case-by-case basis, we are ignorant of the facts or willing to fab- gration reform. simply going to destroy what it is that ricate verifications that are absolutely b 2330 is wonderful about our country. outrageous. And you cannot stop ille- Mr. BILBRAY. I appreciate that. And Congressman BILBRAY mentioned gal immigration when you announce actually, I guess we’ve got to remem- that his mother was an immigrant but that you are going to reward it, and ber that 11 months ago, I was standing came here legally. My father’s parents the proof is in history. Last time, Mr. exactly where you are and gave my ac- came from Italy in the early 1900s; my KENNEDY, you did this, we had the larg- ceptance speech for being sworn into mother’s ancestors came much earlier est illegal immigration population. Congress. And there were 18 candidates than that from Scotland. But the Ellis And, frankly, I think there are people for the 50th District in California. And Island model was a very, very good who are proposing this amnesty who the people of San Diego wanted to send model. People had to come here, prove know what it will do but will not come a clear message to Washington that that they were healthy, prove that clean with the American people. And I this illegal immigration issue is some- they either had a job or had a sponsor think the one thing we saw this week, thing that people need to address. And for them to be here. That worked won- and I think all of us will agree, is that I think today you’re hearing not just derfully well in this country for a long, the elite in Washington think that the one district scream loud and clear that long time. And think that we have to American people don’t understand this they want the illegal immigration have something akin to the Ellis Island issue. Well, the American people under- issue addressed, but you’re seeing peo- experience again in this country, where stood it. Within 45 minutes after Mr. ple calling from all the districts, call- we know that the people who are com- KENNEDY and the Senators were doing ing their Representatives and demanding here are coming here because we their press conference, the American ing that we finally do the right thing need them here or they provide a ben- people started making phone calls, and not sell out on this issue. efit and they can be independent. They they started e-mailing, they started I’d like yield to the gentleman from will not have to have public assistance. faxing. They sent a signal to the Sen- Texas. Mr. BILBRAY. If I may reclaim my ators and they sent a signal to us that, Mr. CARTER. And I thank the gen- time. I think the one thing we don’t Washington, we are watching and we tleman for yielding. And you men- talk about enough in this country is are not going to fall for it this time. tioned that your wife came here as an that there is this perception that we We are going to stand up and defend immigrant, and my wife came here as don’t allow very much legal immigra- our grandchildren’s birthright, and we an immigrant also. And I’d like to tion inside. are going to start demanding that you share just a little bit of our story be- The United States today, Mr. Speak- start doing the right thing. cause I think it gives us a good com- er, accepts more legal immigration And I think the guilt goes both ways. parison to what’s being proposed in the than all the rest of the world com- The public is fed up with the Repub- Senate today and what we used to op- bined. We are accepting more legal im- licans and Democrats, because they erate under in this country when you migration today than at any other have not seen an administration en- do it right. time in the history of our Republic. force the law. We have to gain credi- I am very blessed to the fact that my wife, Erica, fell in love with a law stu- This country is one of the most gra- bility that we really can be trusted dent from the University of Texas law cious and welcoming countries, the with the security of this country by school back in 1965. And I happen to most welcoming country in the history being willing to do the right thing and humbly be that law student. And we of the world. And so we have nothing to enforce the immigration laws here. married in 1968. apologize for when it comes to accom- And not until we do that, no matter And to be very honest, I really never modating, except for the fact that we who is President, no matter what party even thought about the fact that my made a terrible mistake in 1986. is in power, will the American public wife might have to actually apply to When you were talking about the def- trust us to move on with a lot of other come to the United States after she inition of amnesty, it actually comes agendas. had married a red-blooded American. from the Latin word for amnesia. And Ms. FOXX. I just want to ask one You know, I thought that was just the maybe what the Senate is forgetting in question. I think that you have ticket, but quickly found out that having this amnesia is what happened touched on a very important point wasn’t the ticket. the last time they proposed this type of again, and that is that we here in the We had to go down to the embassy, amnesty. House of Representatives are the Rep- and we had to fill out all these papers. Einstein said that insanity is doing resentatives of the people. We are the We had to have someone pledge $5,000 the same thing over and over again and people’s House. And I think the Senate to ensure that she would have a spon- expecting a different result. Let’s just is completely out of touch with what sor who would take care of her when, if look at what happened when Mr. KEN- the sentiment is in this country. she was allowed to enter the United NEDY, who promised in 1986 this would And I agree with you, the American States and ultimately get a green card be the last amnesty that America people get it. The people of my district to be a resident alien of the United would ever have, clearly stated, ‘‘It get it, and they are very, very bright. I States. will never happen again.’’ think that we need to be listening to She had to take a physical, and as Twenty years ago, we tried this ex- those people. And the House generally she took a physical with several other periment of rewarding illegal immigra- does listen to the people. women her age, one of whom looked tion. We were promised that it was And I hope that they are going to very much like her, when they got the only going to be 1 million illegals that send a very, very strong message to the lung exams back, this is a personal

VerDate Aug 31 2005 05:42 May 24, 2007 Jkt 059060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.186 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5716 CONGRESSIONAL RECORD — HOUSE May 23, 2007 thing that happened to us, they came are staying in the United States, as In fact, there are people that try to to us and said, I’m sorry, but our exam well as those who come across our bor- accommodate illegal immigration to of your wife’s X-Rays shows that she’s ders. They are just as big starting life such a point that this bill that the Sen- got tuberculosis, and she may not as a lawbreaker as people who swam ate is proposing will say that an illegal enter the United States, which we were the Rio Grande or walked across the alien qualifies for in-State tuition, newly married. We hadn’t even been desert of Arizona or California or New even though a United States citizen married a month at that time, maybe a Mexico in the middle of the night. This doesn’t qualify. And this really hits me month and a half. We were crushed. is something that is not the right way personally, because in the State of And then the doctor came back and to become an American citizen, and we California, where I have been a resident said, I’m sorry, we got the wrong X- can do better than this, and we must. since the day I was born, I have paid Ray. This is something we will never And I yield back. taxes my entire adult life, I was told forget. And unfortunately, that X-Ray Mr. BILBRAY. Reclaiming my time. that my children, to get in-State tui- was for another redheaded girl who was I mean, the American people are such a tion, I had to show a personal tax rein the same physical group that had patient, humanitarian people that turn. But somebody that they suspect their physicals, and so I felt very sorry maybe sometimes we forget there’s a is an illegal alien doesn’t have to show for her, who was also marrying an fine line between being the nice guy their personal records; they just have American, but she was not going to be and being a patsy. My mother immi- to show utility bills. And when I said, grated from Australia. She got her citi- allowed to come to the United States I’ll show you my utility bills, I’ll show zenship, and she’s very proud that she because she had tuberculosis. But, you all the way back to the ’70s; oh, ex- was one of the first Australian war praise God, it wasn’t my wife. cuse me, sir, you don’t qualify because brides to get her citizenship, April 1946. So we paid our fee. We took our phys- we don’t think you’re illegal. And when she sees that there are not ical examination, we had the back- So if the American people think this only illegals in the country saying ground check which is required for all is just about illegals and just about, they want to be legalized, they want people coming into the United States, you know, 12- to 20 million, they’ve got amnesty, what shocks her is that the and then when we arrived in the United to remember that they are going to be United States allows people to be here States, in those days every year you illegally and demand, demand that put in a position of having to prove had to register with the Federal Gov- America change its laws to accommo- more than somebody who is illegally in ernment. Every person who was not a date them because they do not want to this country; that American citizens citizen but had a green card, between play by the rules. will become second-class citizens to January 1 and January 31 you went What other Nation on Earth would those who are not even citizens and not down to the post office and you filled allow people to be illegally in their even legal. This is how absurd this line out a form every year and told the country and then demand that their goes if you follow Mr. KENNEDY off the United States Government where you duly elected representative govern- edge. were if you were a green card holder in ment modify its statutes to accommo- And remember, this is the same man, the United States. We don’t have that date them because they do not want to in 1986, that said no more amnesties provision anymore. It went away. be bothered by following the laws of anymore. I guarantee it. That is a sad We did all those things. My wife their host country? state of affairs that the American peo- learned American history. She learned What kind of relationship do we ex- ple are facing, that same big lie, 20 the English language. In the meantime, pect to come from a situation to where years later. And it’s time we say no. she had three American children, but we accommodate people who come to And I’m so proud, I am so proud to be she still met all the qualifications that this country illegally, while we tell an American, knowing that the Amer- you had to have to get to be an Amer- those patiently that want to come here ican people called those Senators, e- ican citizen. And in 1976, I was very legally, sorry, you get put on the back mailed them, faxed them and wrote proud to see my wife raise her right of the list? them to where the Senate, rather than hand and take the oath of allegiance to And, you know, I’m very impressed. trying to cram this through this week, the United States of America and be- Learning a new language is always a were forced to back off and give some come a United States citizen. And I am big challenge, and your wife did that. time. And now this next week the proud of her for many, many reasons, My wife didn’t immigrate from a for- American people will have more time and that’s one of them today. eign country. She came from New Orle- to read the fine print, read about That’s how you do it to do it right, to ans, and we’re still trying to under- things like in-State tuition and loans do it legally, and to become part of stand some of the things she says. My to illegal aliens, and read about what is what this mysterious wonder that is mother immigrated from Australia, really in this bill and how bad it really America. It’s not to sneak across a bor- and the Australians are going to have is. der in the middle of the night and hide to learn English someday themselves. And I’d like to yield back to the gen- out as a lawbreaker to make money. But I think the real sad fact is that tleman from Texas. That’s not the way you’re supposed to there are actually people that think Mr. CARTER. And I thank the gen- come into the United States of Amer- that there’s some good that can come tleman for yielding. There are a lot of ica. out of this not only for America, but interesting things in this bill that com- And as you pointed out, we have a for the immigrants and immigrants mon sense tells you that nobody’s procedure where people legally come around the world if we think breaking thinking about this. I’ll just give one here by the millions, and we welcome the law is now going to be a standard. example. They have told us that there them. If you want to live in a country where are people that have been waiting le- And let me point one more thing out, their law is bought and sold and shifted gally, and they’re going to make sure and then I’m going to yield back, and around by politicians just for political that these illegals will get behind those that is here about a month ago we had expediency, there’s a lot of countries people, and it will take approximately about, I don’t know, looked like sev- you can go to. Those countries tend to 8 years to process these people. eral hundred people walking around be poor, downtrodden, and poverty- Now, I just sat down and looked at it. this building with T shirts on that said stricken, and, by the way, happen to be If you take the people that are in the ‘‘Legalize the Irish.’’ And I stopped the places that a lot of these illegal pipeline right now, and I don’t remem- some of them in the elevator and said, immigrants are coming from. But why ber the number, but it’s a couple of what in the world does that mean? And transfer that corruption from those million, I think, and we’re going to they said, well, we’re all here illegally, Third World countries into this coun- process them over 8 years to get them and we want to be made legal. try and destroy the mother’s milk of processed in doing it the right way, This is not an Hispanic issue. This is freedom, the concept of the rule of law, these are people doing it the right way, an issue for the people who came to while at the same time you’re saying and I can tell you this, I know this for Disneyland and never went home. This that the economic backbone of free- a fact. The last time I checked, which is the people from all over the world dom, the middle class, is expendable at was about 3 months ago, those people that have overstayed their visas and the same time? we were helping who were doing it

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.188 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5717 right processed their papers through And there isn’t any trust in the Amer- wave being caused by another ill-fated the San Antonio office, which is where, ican people when it comes to the Fed- amnesty scheme. Thank you very our part of Texas, I live just north of eral Government enforcing our immi- much. Austin, San Antonio office, they were gration laws. There isn’t any credi- Mr. CARTER. If the gentleman would still working on 1999 and 2000. They bility in the Federal Government when yield, I am very honored to appear here may be up to halfway to 2001 right now. it comes to stopping illegal immigra- with you, Mr. Chairman, with all the So they’re 7 or 8 years behind. So they tion. great work you are doing on the Immi- got the number right. The American people believe, and gration Caucus trying to come up with Now they’re going to tell us that rightfully so, that special interests ma- a solution to this illegal immigration they’re going to take 12 million and in- nipulate the Federal Government to in this country. I salute you and all of stantly process them for a Z visa. stop illegal immigration from being our colleagues who join you in this ef- About 18 months they say it’ll take. So controlled in the past, and that unless fort to come up with reasonable solu- that tells you right off that the stand- they really scream loud and start hold- tions for a very difficult problem. ards have got to be different. They ing elected officials accountable at the I want to join you in saying to the have to be different. polling box, that they are going to con- world, we are asking the rule of law to And I was asking questions of some- tinue to have that type of corruption prevail. It’s very simple. This Nation one who seemed to have some knowl- delivered to them when it comes to the was built on the rule of law. Let the edge of the bill, and he said, well, you immigration issue. rule of law prevail. And the rule of law I want to just say clearly, a lot of take a full handprint, you run it does show compassion on the poor and people say why am I feeling so strong through all the criminal records, and the downtrodden, but it has to exist or on this concept of amnesty? Why can’t you find out whether they’ve got a they have no protection. And if we we just do it one more time? Let me criminal record. Well, if that’s so easy, start to tear down the rule of law, it is tell you something. I have talked to why is the number one answer that we going to be as harmful to those who are people south of the border and in Third get from the Immigration and Natu- downtrodden and poor as it is to the ralization Service when we call them, World countries all over the world. And if people would take the time to listen. richest man in the world because the why are we delayed, FBI’s got to do rule of law is the basis of our Republic. background checks? These things are To give an example, a congressman in Zacatecas, Mexico, a Mexican con- So I reach out to the Hispanic com- extensive. They take a long time. Wait munity who feels like this is targeted a minute. Take a full handprint and gressman, says to me, Look, BRIAN, you know you have got to educate to them and say, no, it is targeted to run it through the records. That’s what all who come into our country ille- we’re told we’re going to for these Z these people because we all down here know you are going to give amnesty gally. I reach out to those friends back visas. That’s not enough for the legal home that say be compassionate, and people, but it seems to be enough for again. They are all going to be U.S. citizens. Why do you think they are say to them we can be compassionate. the illegal people. Let’s get law and order back in our How about the fact that we’ve got coming up illegally? They know you land and then let’s show compassion. diseases south of our southern border are going to reward them. You go down to places like Central But law and order must come first. It which are incurable, like a strain of tu- America. They say, Look, we are told is what this country was built on. berculosis? Shouldn’t everybody that’s come on up now. America is going to Mr. BILBRAY. I would like to close, here have a medical check? Where is give us amnesty. We are going to be- Mr. Speaker, by announcing that the it? Is it going to be there? It doesn’t come citizens. The way to America is American people have really spoken sound like it is. Mr. BILBRAY. Not even mentioned. come illegal. That message is being this week, stopped the Senate from Mr. CARTER. Not even mentioned. heard around the world. We need to forcing something through the Senate. So, you know, I think there was some send a clear and defined message that And not only that, they have sent the good-hearted people tried, but they says no more amnesty, no more re- message to their Members of the House tried miserably on this bill. The Amer- wards for illegal behavior. You want to of Representatives. And I would like to ican people want to take our time and be an American? You follow the law announce today that this week, be- do this right. And right now their con- and play by the rules. If you are not cause of all the reaction and the back- cern, if you ask them, you don’t hear willing to do it, we will never give am- lash against the Senate amnesty them say, I want new immigration pol- nesty again. And, believe me, if we scheme, five new Members have joined icy. You hear them say, I want the ille- send that clear message, if we stop this the Immigration Reform Caucus in the gal immigration problem stopped, amnesty, people around world will fi- House of Representatives. And I am which means pour the resources to the nally understand, no, it is no longer very happy to welcome new Members border, pour the resources to law en- the option to come here illegally. You in that are committed and working forcement, enforce the laws that are on have got to play by the rules. hard to be able to finally do the right the books. And then when the Amer- And then and only then will we see thing on illegal immigration and start ican people say, you know what, we the ability to control not just our bor- enforcing our laws the way the Amer- can trust our government again to en- der; but our neighborhoods, our jobs, ican people want to do; securing our force the law, that’s when they will be our parks, our hospitals, our schools, borders and securing our neighbor- willing to say, now let’s work with are finally going to be ours, and those hoods and securing our future for our coming up with alternatives to make that we choose to be our neighbors, not grandchildren. this whole thing work. And we can do somebody who snuck in and stole away it right the next time. in the middle of the night. f This is the wrong bill, the wrong I am so honored to stand here today with you, sir. I appreciate the hard time and, as Ms. FOXX pointed out, RECESS shoved down our throat by the Demo- work that you have given the people of crat majority. Texas and your district, and I look for- The SPEAKER pro tempore (Mr. ward to working with you to make sure COURTNEY). Pursuant to clause 12(a) of b 2345 that we present a workable, enforce- rule I, the Chair declares the House in Mr. BILBRAY. Congressman, you hit able immigration policy that will stop recess subject to the call of the Chair. on the real point. In a Republic where illegal immigration and not allow this Accordingly (at 11 o’clock and 50 the governed get to choose the govern- proposal in the Senate to move in and minutes p.m.), the House stood in re- ment, trust is an essential component. allow another illegal immigration cess subject to the call of the Chair.

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.189 H23MYPT1 mstockstill on PROD1PC66 with HOUSE H5718 CONGRESSIONAL RECORD — HOUSE May 23, 2007

N O T I C E Incomplete record of House proceedings. Except for concluding business which follows, today’s House proceedings will be continued in the next issue of the Record.

EXECUTIVE COMMUNICATIONS, transmitting the Department’s final rule — mitting the Administration’s final rule — ETC. Death and Estates. [Public Notice: 5582] Magnuson-Stevens Fishery Conservation and (RIN: 1400-AC24) received April 1, 2007, pursu- Management Act Provisions; Fisheries of the Under clause 8 of rule XII, executive ant to 5 U.S.C. 801(a)(1)(A); to the Committee Northeastern United States; Northeast communications were taken from the on Foreign Affairs. Multispecies Fishery; 2007 Georges Bank Cod Speaker’s table and referred as follows: 1948. A letter from the Acting Assoc. Direc- Fixed Gear Sector Operations Plan and 1940. A letter from the Chief Counsel, tor, PP&I, Department of the Treasury, Agreement and Allocation of Georges Bank FEMA, Department of Homeland Security, transmitting the Department’s final rule — Cod Total Allowable Catch [Docket No. transmitting the Department’s final rule — Sudanese Sanctions Regulations; Iranian 070321063-7098-02; I.D. 031607E] (RIN: 0648- Final Flood Elevation Determinations — re- Transactions Regulations — received April AV22) received May 18, 2007, pursuant to 5 ceived April 1, 2007, pursuant to 5 U.S.C. 10, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to U.S.C. 801(a)(1)(A); to the Committee on Nat- 801(a)(1)(A); to the Committee on Financial the Committee on Foreign Affairs. ural Resources. Services. 1949. A letter from the Director, Office of 1955. A letter from the Federal Liaison Of- 1941. A letter from the Counsel for Legisla- Personnel Management, transmitting the Of- ficer, Department of Commerce, transmit- tion and Regulations, Department of Hous- fice’s final rule — Allowances and Differen- ting the Department’s final rule — Cor- ing and Urban Development, transmitting tials (RIN: 3206-AL07) received April 26, 2007, respondence with the Madrid Processing the Department’s final rule — Public Access pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Unit of the United States Patent and Trade- to HUD Records Under the Freedom of Infor- mittee on Oversight and Government Re- mark Office [Docket No.: PTO-T-2007-0005] mation Act (FOIA) and Production of Mate- form. (RIN: 0651-AC11) received April 17, 2007, pur- rial or Provision of Testimony by HUD Em- 1950. A letter from the Acting Director Of- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ployees [Docket No. FR-5015-F-02] (RIN: 2501- fice of Sustainable Fisheries, NMFS, Na- mittee on the Judiciary. AD18) received April 16, 2007, pursuant to 5 tional Oceanic and Atmospheric Administra- 1956. A letter from the Regulations Coordi- U.S.C. 801(a)(1)(A); to the Committee on Fi- tion, transmitting the Administration’s final nator, Department of Health and Human nancial Services. rule — Magnuson-Stevens Fishery Conserva- Services, transmitting the Department’s 1942. A letter from the Assistant to the tion and Management Act Provisions; Fish- final rule — Claims Collection (RIN: 0991- Board, Federal Reserve System (Board), eries of the Northeastern United States; AB18) received March 8, 2007, pursuant to 5 transmitting the Board’s final rule — Ex- Northeast (NE) Multispecies Fishery; Modi- U.S.C. 801(a)(1)(A); to the Committee on the panded Examination Cycle for Certain Small fication of the Yellowtail Flounder Landing Judiciary. Insured Depository Institutions and U.S. Limit for the U.S./Canada Management Area Branches and Agencies of Foreign Banks [Docket No. 04011-2010-4114-02; I.D. 041707E] 1957. A letter from the Regulations Coordi- [Docket No. R-1279] received April 10, 2007, received May 14, 2007, pursuant to 5 U.S.C. nator, Department of Health and Human pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Natural Services, transmitting the Department’s mittee on Financial Services. Resources. final rule — Salary Offset (RIN: 0991-AB19) 1943. A letter from the Principal Deputy 1951. A letter from the Assistant Adminis- received March 8, 2007, pursuant to 5 U.S.C. Associate Administrator, Environmental trator for Fisheries, NMFS, National Oce- 801(a)(1)(A); to the Committee on the Judici- Protection Agency, transmitting the Agen- anic and Atmospheric Administration, trans- ary. cy’s final rule — Approval and Promulgation mitting the Administration’s final rule — 1958. A letter from the Counsel for Legisla- of Implementation Plans; Illinois [EPA-R05- Atlantic Highly Migratory Species (HMS); tion and Regulations, Department of Hous- OAR-2007-0138; FRL-8302-5] received April 26, U.S. Atlantic Billfish Tournament Manage- ing and Urban Development, transmitting 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment Measures [Docket No. 070307055-7099-02; the Department’s final rule — Certification Committee on Energy and Commerce. I.D. 022607F] (RIN: 0648-AV25) received May and Funding of State and Local Fair Housing 1944. A letter from the General Counsel, 18, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to Enforcement Agencies [Docket No. FR-4748- Federal Energy Regulatory Commission, the Committee on Natural Resources. F-02] (RIN: 2529-AA90) received April 27, 2007, transmitting the Commission’s final rule — 1952. A letter from the Assistant Adminis- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Standards for Business Practices and Com- trator for Fisheries, NMFS, National Oce- mittee on the Judiciary. munication Protocols for Public Utilities anic and Atmospheric Administration, trans- 1959. A letter from the Administrator, De- (Docket No. RM05-5-003; Order No. 676-B) re- mitting the Administration’s final rule — partment of Homeland Security, transmit- ceived May 18, 2007, pursuant to 5 U.S.C. Fisheries of the Northeastern United States; ting notification that funding under Title V, 801(a)(1)(A); to the Committee on Energy and Northeast Multispecies Fishery; Total Al- subsection 503(b)(3) of the Robert T. Stafford Commerce. lowable Catches for Georges Bank Cod, Had- Disaster Relief and Emergency Assistance 1945. A letter from the Director, Office of dock, and Yellowtail Flounder in the U.S./ Act, as amended, has exceeded $5 million for Congressional Affairs, Nuclear Regulatory Canada Management Area for Fishing Year the cost of response and recovery efforts for Commission, transmitting the Commission’s 2007 [Docket No. 070227048-7091-02; I.D. FEMA-3274-EM in the State of Indiana, pur- final rule — List of Approved Spent Fuel 020807C] (RIN: 0648-AU63) received May 18, suant to 42 U.S.C. 5193; to the Committee on Storage Casks: HI-STORM 100 Revision 3 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure. (RIN: 3150-AH98) received April 1, 2007, pursu- Committee on Natural Resources. 1960. A letter from the Director of Reg ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1953. A letter from the Deputy Assistant Management, Department of Veterans Af- on Energy and Commerce. Administrator for Regulatory Programs, fairs, transmitting the Department’s final 1946. A letter from the Assistant Secretary NMFS, National Oceanic and Atmospheric rule — Administration of VA Educational for Export Administration, Department of Administration, transmitting the Adminis- Benefits — Centralized Certification (RIN: Commerce, transmitting the Department’s tration’s final rule — Magnuson-Stevens Act 2900-AL43) received April 25, 2007, pursuant to final rule — Chemical Weapons Convention Provisions; Fisheries of the Northeastern 5 U.S.C. 801(a)(1)(A); to the Committee on Regulations: UDOC ‘‘Change in Inspection United States; Northeast Multispecies Fish- Veterans’ Affairs. Status Form;’’ Amendments to Records Re- ery; 2007 Georges Bank Cod Hook Sector Op- view and Recordkeeping Requirements; Ad- erations Plan and Agreement and Allocation 1961. A letter from the Director of Reg ditions to the List of States Parties to the of Georges Bank Cod Total Allowable Catch Management, Department of Veterans Af- Chemical Weapons Convention (CWC) [Dock- [Docket No 070322064-02; I.D. 030607E] (RIN: fairs, transmitting the Department’s final et No. 060831231-7030-02] (RIN: 0694-AD53) re- 0648-AV20) received May 18, 2007, pursuant to rule — Medical: Informed Consent — Des- ceived April 10, 2007, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on ignate Health Care Professionals to Obtain 801(a)(1)(A); to the Committee on Foreign Af- Natural Resources. Informed Consent. (RIN: 2900-AM21) received fairs. 1954. A letter from the Assistant Adminis- April 1, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); 1947. A letter from the Assistant Secretary trator for Fisheries, NMFS, National Oce- to the Committee on Veterans’ Affairs. Legislative Affairs, Department of State, anic and Atmospheric Administration, trans- 1962. A letter from the Regulations Coordi-

VerDate Aug 31 2005 05:42 May 24, 2007 Jkt 059060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.190 H23MYPT1 mstockstill on PROD1PC66 with HOUSE May 23, 2007 CONGRESSIONAL RECORD — HOUSE H5719 nator, Department of Health and Human transmitting the Service’s final rule — Sec- tration’s final rule — Privacy and Disclosure Services, transmitting the Department’s tion 1274.—-Determination of Issue Price in of Official Records and Information [Docket final rule — Child Care and Development the Case of Certain Debt Instruments Issued No. SSA 2006-0074] (RIN: 0960-AE88) received Fund State Match Provisions (RIN: 0970- for Property (Rev. Rul. 2007-36) received May May 18, 2007, pursuant to 5 U.S.C. AC18) received May 18, 2007, pursuant to 5 21, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to 801(a)(1)(A); to the Committee on Ways and U.S.C. 801(a)(1)(A); to the Committee on the Committee on Ways and Means. Ways and Means. 1964. A letter from the Acting Regulations Means. 1963. A letter from the Chief, Publications Officer of Social Security, Social Security and Regulations, Internal Revenue Service, Administration, transmitting the Adminis-

VerDate Aug 31 2005 05:42 May 24, 2007 Jkt 059060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\L23MY7.000 H23MYPT1 mstockstill on PROD1PC66 with HOUSE 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, MAY 23, 2007 No. 85 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, IRAQ called to order by the Honorable BEN- PRESIDENT PRO TEMPORE, Washington, DC, May 23, 2007. Mr. REID. Mr. President, I cannot let JAMIN L. CARDIN, a Senator from the the day go by without at least ac- State of Maryland. To the Senate: Under the provisions of rule I, section 3, of knowledging a conversation I had yes- the Standing Rules of the Senate, I hereby terday afternoon with the father of an- PRAYER appoint the Honorable BENJAMIN L. CARDIN, other fallen soldier from Nevada. We The Chaplain, Dr. Barry C. Black, of- a Senator from the State of Maryland, to lost two in 1 week. His boy just turned fered the following prayer: perform the duties of the Chair. 19. I talked to his dad who was very Let us pray. ROBERT C. BYRD, sad. President pro tempore. Our Father in Heaven, we thank You I listened to the news this morning, for the freedom we enjoy. Thank You Mr. CARDIN thereupon assumed the and nine American soldiers were killed for freedom of the press, speech, reli- chair as Acting President pro tempore. yesterday in Iraq. So we are going to gion, assembly, and petition. Thank f continue doing what we can to have You also for a government of the peo- the President change course in Iraq. ple, by the people, and for the people. RECOGNITION OF THE MAJORITY The present course is not working. We Lord, today, bless the Senate and our LEADER need a plan to bring our soldiers home. Nation. Deliver us from internal and f external forces that seek to destroy The ACTING PRESIDENT pro tem- our liberty. Give the Senators strength pore. The majority leader is recog- RESERVATION OF LEADER TIME nized. and wisdom. Help them to remember The ACTING PRESIDENT pro tem- Your promise to keep them from temp- f pore. Under the previous order, leader- tation and to deliver them from evil. ship time is reserved. Remind them that they face no test SCHEDULE that You cannot help them pass. Let f Mr. REID. Mr. President, this morn- this Nation be a tool for the fulfillment MORNING BUSINESS of Your purposes on Earth. Lord, let ing, following any time used by the The ACTING PRESIDENT pro tem- Your kingdom come, let your will be leaders, there will be a 60-minute pe- pore. Under the previous order, there done on Earth as it is in Heaven. riod of morning business. The majority will now be a period for the transaction We pray in Your sovereign Name. will control the first half hour and the of morning business for up to 60 min- Amen. Republicans will control the second half hour. utes, with Senators permitted to speak therein for up to 10 minutes each, the f Following this period of morning business, we will resume consideration time to be equally divided, with the first half of the time under the control PLEDGE OF ALLEGIANCE of the immigration legislation. The next amendment to be offered this of the majority and second half of the The Honorable BENJAMIN L. CARDIN morning will come from the Repub- time under the control of the Repub- led the Pledge of Allegiance, as follows: lican side. Yesterday, I announced that licans. I pledge allegiance to the Flag of the the next Democratic amendment will The Senator from Rhode Island is United States of America, and to the Repub- be that of Senator BINGAMAN relating recognized. lic for which it stands, one nation under God, to the guest worker program. f indivisible, with liberty and justice for all. Members can expect votes throughout the session today on the immigra- HEALTH CARE f tion bill. Mr. WHITEHOUSE. Mr. President, on Also, I had a meeting with Senator Tuesday, I came to the Senate floor to APPOINTMENT OF ACTING KENNEDY this morning. He indicated he present ideas on health care reform, PRESIDENT PRO TEMPORE would like to work into the evening on particularly on the problem of fixing The PRESIDING OFFICER. The amendments. So Senators should plan the internal operations of our broken clerk will please read a communication to be here until at least 8 o’clock to- health care system so that it runs bet- to the Senate from the President pro night with votes. ter, at less cost, and with improved tempore (Mr. BYRD). We are making progress on the sup- care. The legislative clerk read the fol- plemental. It is not done yet, but we I suggested that three fundamental lowing letter: are very close. things are wrong with our health care

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

S6495

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6496 CONGRESSIONAL RECORD — SENATE May 23, 2007 system: One, it doesn’t adequately pro- system is acrid with soured, angry re- to the payers. For its $400,000 invested, vide quality care or invest in preven- lationships. When I was attorney gen- a hospital actually stood to lose money tion; two, the system doesn’t have ade- eral of Rhode Island, negotiations took from shorter intensive care unit stays quate information technology infra- place between one of our major hos- and fewer procedures. structure; and, three, the way we pay pital chains and our major health in- For hospitals, truly pushing that for health care sends perverse price sig- surer in my office. It was not because I quality envelope and striving for zero nals that misdirect market forces. was a great mediator or that there was tolerance in infections in errors was I am here today to speak about qual- a role for the attorney general in this, economically self-abusive behavior. It ity reform, about those areas in our it was simply because they were so took the Christmas truce relationships health care system where improving angry with each other that I needed to developed within the Rhode Island the quality of care will lower the cost— calm things down and keep them in the Quality Institute to overcome that ob- let me repeat that—where improving room so the negotiations could pro- stacle. the quality of care will lower the cost. ceed. For a bunch of reasons, through Now similar things are happening all There is a lot at stake, in money and our Government policy to shortchange over the country, in little flickering in lives. Up to 100,000 Americans die providers, through the perverse reward beginnings of reform. The easiest and every year as a result of unnecessary structure of our health care system, best way to promote quality reform and avoidable medical errors. By some and our HMO experiment, we have en- that lowers cost is to feed, with Fed- measures these outcomes are even get- couraged combat among hospitals, doc- eral grants, a little kindling into these ting worse. A 2003 article published in tors, and insurers, each trying to push flickering flames; to tend them gently with Federal encouragement and sup- the New England Journal of Medicine their costs onto somebody else rather port, to network them together to revealed that the rate of hospital-ac- than working together for the common share energy and information and quired infections has actually in- good. ideas, to have Federal officials clear creased over 36 percent since 1999. This So these local health care quality away regulatory obstacles to their ini- increase has occurred even though we initiatives from this toxic climate are tiatives, and to report on the best and have shortened the average length of as marvelous as that spontaneous brightest ideas and successes that stay in a hospital and decreased the Christmas truce in World War I, when emerge—in a nutshell, to create a Mac- number of inpatient surgeries. In other the soldiers began singing Silent Night Arthur genius grant program to en- words, infection rates rose that much across the barbed-wire wasteland, as courage these efforts and to clear the even though the opportunities for expo- they came out from the cold, muddy way for them through the bureaucracy. sure decreased. trenches to share cigarettes and My legislation proposes a Federal Pennsylvania has recently chronicled schnapps with the enemy, men they grants program to do just that. A little hospital-acquired infection data for its had just been mustard-gassing and ma- money will go a long way. The CVS/ 168 general acute care hospitals. The chine-gunning. Caremark charitable trust just guaran- Let me tell you about the Rhode Is- numbers are staggering: 19,154 patients teed the Rhode Island Quality Institute land Quality Institute. By the time I acquired an infection while in the hos- $500,000 per year for the next 5 years, a pital in 2005, resulting in average com- became attorney general, I was already great expression of business support mercial insurance payments of $45,601 deep into health care, having served as and confidence, and it has made a higher than for patients who did not insurance regulator, hospital trust ad- world of difference. Compare that half- contract infections. That is big money ministrator, fraud prosecutor, and million-dollar yearly investment to the that could be saved. health care reformer. I had seen first- savings from the Keystone project in Remember the example I gave on hand the anger and the vitriol in the Michigan over a little more than a Tuesday from Michigan’s intensive system. I had been successful in re- year, 15 months—$165 million. What if care unit reform. In a 15-month span forming the workers’ compensation every Quality Institute-type organiza- between March 2004 and June 2005, the system and was optimistic about what tion got a half million dollars? There project saved 1,578 lives. It saved 81,020 sensible reforms could do to repair a are somewhere in the neighborhood of days patients would otherwise have broken administrative system. I saw 50 such organizations around the coun- spent in the hospital, at great expense; common ground on how quality could try now. The total savings they can and it saved over $165 million just in a lower cost. In 2001, I began to pull doc- generate could be hundreds of millions, 15-month period. tors, nurses, insurers, regulators, phar- billions of dollars perhaps, based on a However, it is not easy to pursue macists, academics, and hospital ad- yearly investment of perhaps $25 mil- these quality reform initiatives. Fund- ministrators together. Over many lion. ing is scarce, collaboration is required months, we developed a concept of a Don’t forget, it is not just money. in an environment where people are statewide collaboration that would The Keystone project saved over 1,500 pretty mad at each other, and the eco- focus on producing significant, measur- lives. Quality reform is already on the nomics are perilous. When doctors and able improvements in health care qual- march in local communities. To make hospitals go to the trouble to figure ity, safety, and value in Rhode Island. a significant difference, we need do no out quality reform and implement it The Rhode Island Quality Institute was more on the Federal level than support and pay for it, the effect on them is born. these initiatives, encourage new ones, lowered revenues. Investing time and Since then we have made significant transmit best practices and ideas, and, effort and capital in projects that re- progress in e-prescribing, electronic when necessary, secure waivers for duce your revenues is not a great busi- health records, ICU infection rates, and them to help realize the promise of ness model, but that is our health care health information interoperability. quality reform in both lives saved and system. This happened because the Quality In- dollars saved. Thankfully, efforts to pursue quality stitute is a place where health care I will close today by noting that if we reform—in all these indicated States leaders can work through health care can do three things together—quality and locations on the chart—are flick- problems, despite economic signals reform, health IT investments, and re- ering to life around the country, in that punish them for doing the right imbursement alignment—they will re- local initiatives such as the Puget thing. inforce each other and compound the Sound Health Alliance in Washington, For example, in Rhode Island, our beneficial effects. Remember, health the Utah Health Information Network, hospitals are pursuing a quality im- care is a dynamic system and cannot the Indianapolis Network for Patient provement project in every intensive just be told what to do. We have to Care, and our own Rhode Island Qual- care unit in the State, modeled on the identify the problems, find their ity Institute. These groups have gath- Michigan program. The Rhode Island causes, and repair them. That is not a ered health care industry players to- ICU program had a significant hurdle partisan or even a political effort; it is gether to seek the holy grail of im- to overcome, however. The cost was ex- a repair job, and it has no more a proved care at lower cost. pected to be $400,000 per year to be Democratic or a Republican nature to The fact that this is happening is borne by the hospitals. The savings, es- it than an engine tune-up or a plumb- itself a small miracle. The health care timated to be $8 million per year, went ing repair. We should work together on

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6497 this issue to get it right. Hundreds of It is time that we act and pass the The ACTING PRESIDENT pro tem- billions of dollars are at stake, and ter- Cantwell-Smith bill, which we will pore. The clerk will call the roll. rible consequences await American have a chance to do when we return The legislative clerk proceeded to families and businesses as health care after the Memorial Day recess. This call the roll. costs mount if we fail in our duty. legislation is based on a New York law Mr. GRASSLEY. Mr. President, I ask While we still have the time before the that has been held up in the courts and unanimous consent that the order for economic, fiscal, and health con- gives the Federal Trade Commission the quorum call be rescinded. sequences become too urgent for delib- the ability to do the job that is needed The ACTING PRESIDENT pro tem- erate action, let us not fail in our duty. to investigate potential market manip- pore. Without objection, it is so or- Let us grasp the controls of change. ulation and price gouging. Many of the dered. I yield the floor. statutes that are on our books today The Senator is recognized. The ACTING PRESIDENT pro tem- are inadequate for looking at markets f pore. The Senator from Washington is when there is a tight supply. IMMIGRATION recognized. I heard a great deal about supply and Mr. GRASSLEY. Mr. President, I am f demand during the Western energy crisis. For probably my entire first year going to use time in morning business ENERGY PRICES in office, that is all we heard about to discuss the very important bill that Ms. CANTWELL. Mr. President, I from various people who wanted to say is before us that we will be going on in rise this morning to talk about the that the Enron problems were nothing about 20 minutes, and that is the immi- high gas prices we are seeing all over more than supply and demand and the gration bill. This sometimes is referred America and certainly on the west failure to build more capacity. In fact, to as the ‘‘grand compromise.’’ coast, where Washington State is pay- when it came down to it, there was a It is no secret that I have had con- ing some of the highest gas prices in lot more to this question than lack of cern about the immigration issue, and the Nation. supply in California. It turned out that now specifically this bill, and in my My point this morning is that we are there were elaborate schemes to ma- opinion it contains an amnesty pro- approaching the Memorial Day week- nipulate energy markets, with names gram. I know around here those who end in which Americans will be remem- such as Death Star, Get Shorty, Fat are backing this ‘‘grand compromise’’ bering loved one and wanting to spend Boy, schemes in which people delib- don’t want us to use the word ‘‘am- time with their families, but this Me- erately took supply off line or manipu- nesty,’’ but I think if it walks like a morial Day might go on record as hav- lated it just to drive up prices by sup- duck and quacks like a duck, it is a ing the highest gas prices in our Na- pressing supply. duck. So I am going to refer to it as tion’s history. That means we in the My colleagues have worked hard in the amnesty program for illegal aliens Senate need to act on energy legisla- the last several years to put into stat- already in the United States. tion that not only diversifies us off fos- ute protections for consumers to make Not too many Senators today can say sil fuels into more renewables and al- sure electricity and natural gas mar- they voted for the 1986 amnesty bill. ternative fuels, as well as pass energy kets are not manipulated. This law is That was the Simpson-Mazzoli Act, the conservation measures, it also means based on the same protections the present law we are amending. I did vote we need to protect consumers with a Commodity Futures Trading Commis- for that amnesty bill, so, in a sense, I strong bill that makes price gouging sion and the SEC use to make sure voted for amnesty. I am here to tell and market manipulation of energy there is not manipulation in those you that I felt at that time as though markets illegal. We need to assure that markets. Why not have the same pro- I were doing the right thing. I can also there are tough Federal penalties on tection for consumers as it relates to tell you that now, looking at history, the books so that any kind of market oil and gasoline markets? it was the wrong thing to do. I thought manipulations will be met with fines I hope that when we return, we will then that taking care of 3 million peo- and penalties. give great attention to this issue and ple illegally in the country would solve I know many people think this is all not be swayed by those who think this the problem once and for all. I found just about supply and demand. It is is a simple market-demand issue. If we out, however, if you reward illegality, pretty hard to tell the people of Wash- want to protect the consumers of this you get more of it. Today, as every- ington State it is just about supply and country, we will pass a strong law that body has generally agreed, we have 12 demand when we have five refineries in gives the ability for Federal regulators million people here illegally. the State of Washington and most of to do their job. I believe there are real I did believe that bill would solve our our oil comes from Alaska. And people U.S. jobs, pensions, and businesses on problems, but it was not only short- say we are an isolated market. In fact, the line if we do not act and act aggres- sighted, the one we passed 20 years ago, there are schools in our State that are sively. The American people want to it turned out to be unworkable. It was feeling the brunt. One of the school dis- know that the Senate is going to stand soft on enforcement and weak on legal tricts in the Yakima Valley, where up and do something about these reforms. We believed a legalization buses travel more than 2,200 miles each record gas prices. They want to know component was in the best interest of day, will have to spend about $125,000 that they are paying a fair and market- the country. more this year on fuel. That is revenue based rate for fuel and that they will The American people, myself in- which could go to books or hiring continue to have the transparency in cluded, thought that illegal immigra- teachers or other needs for the school. oil markets to make sure prices are tion would decline with an amnesty In Spokane, the volunteers for Meals reasonable and affordable, and they program. We were wrong. The 1986 leg- on Wheels, which usually delivers 350 want to be sure we are empowering the islation failed us, as well intended as it meals a day to homebound elderly and right people to make sure an investiga- was. That was not a bill that went disabled residents, are having to cut tion takes place. through very quickly. That bill was back on their routes. Another con- As I said, there is much that we need worked on over a period of 6 years, as stituent called the office to say he was to do in the near term and the long we have been working on other immi- having trouble paying for gas he need- term for our energy markets to diver- gration legislation at least over a 3- or ed to make the 80-mile round trip to sify and to give consumers real choice 4-year period of time. the Tri-Cities to get kidney dialysis for at the pump, to make sure we are in- Today we are back as a body we call his wife. That loving husband said he vesting in conservation and fuel effi- the Senate to put another bandaid on was either going to have to quit his job ciency. But in the meantime, with this issue. I don’t blame the American or move closer to the facility so they tight energy markets, we need to make people for being angry or rejecting the could avoid paying high prices of gaso- sure we are giving consumers the pro- promises some are making that we will line. So while the pundits are talking tection they need and to pass this leg- enforce our laws from now forward be- about just supply and demand, my con- islation when we return after the re- cause I heard that same thing in 1986— stituents and many constituents across cess. from now forward. I think it is fair to this country are feeling the pain at the I yield the floor, and I suggest the ab- say the people of this country are cyn- pump. sence of a quorum. ical on this issue. They don’t have any

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6498 CONGRESSIONAL RECORD — SENATE May 23, 2007 faith that the law is going to be en- these agents. But the trigger doesn’t We got it partly implemented, but the forced. require that the agents be trained and administration decided on their own One specific aspect of this bill that is stationed and doing their job. that the exit portion was not worth the so concentrated on enforcement, first, Third, the trigger says we have to cost, so that 1996 mandate still remains before we do anything else, is called construct 370 miles of real fence along ignored. the trigger mechanism. I am going to the border. I understand this construc- After 10 years, for us in Congress it is talk about that trigger mechanism. Be- tion is currently underway. Congress still like pulling teeth, trying to get an fore I get to the amnesty program and authorized 700 miles of fencing in the implementation schedule out of the trigger, I want to point out that the Secure Fence Act of last year. We also agency bureaucrats. I think we should trigger that is included in this sub- provided billions of dollars for fencing be ashamed that is not done yet. This stitute, the trigger says the Y and the and infrastructure last year. Why trigger is not legitimate or worthy of Z visa program would be subject to a doesn’t the trigger require that all 700 the tradition of Roy Rogers. It is only trigger. I wish to point to the famous miles has to be constructed? a coverup for amnesty. Trigger, Roy Rogers’ Trigger. I think The trigger also says the Department I wish to address the flaws that I everybody knows about that Trigger. I of Homeland Security needs resources found in title 6, the part of the bill that point to that because I think, if Roy to detain up to 27,500 aliens per day on gives probationary status and Z visas Rogers were here today—and he has an annual basis. If they are caught, you to illegal aliens currently in the United been dead about 20 years—he would have to have someplace to secure them. States. I am simply going to list my say: Boys, saddle up. There is going to The problem is these spaces are full top 15 flaws. I don’t have time to go be a rough ride ahead for us. this very day. into them in great detail. I will be glad The ‘‘Trigger’’ is coming in handy How do these trigger actions, then, to supply more detail if people want it. today. He first galloped into this add to our present day enforcement? No. 1, probationary benefits are not Chamber when I used ‘‘Trigger’’ during The impression is left by the author of subject to the trigger. Probationary a budget resolution because there is a the trigger—and I think it is the intent benefits, including work authorization, trigger in the budget resolution just of that author and the ‘‘grand com- protection from removal, and a Social adopted. Now ‘‘Trigger’’ is back for the promise’’—that all these security pro- Security number are granted to illegal immigration debate because there is a visions are going to be in place before aliens immediately, even if the alien’s trigger mechanism in this bill. any of the other provisions of the law, background check is not complete. I You can see from the chart that Trig- such as allowing legality of people here wish to emphasize that point—even if ger is a very impressive-looking horse. illegally—before those provisions can the alien’s background check is not He looks big and strong and probably go into effect. complete. can help do some of the chores around Fourth, the trigger requires the No. 2, many criminal provisions may the farm. I am sure my grandkids United States to end what we call the be waived. Numerous criminal provi- would like to ride Trigger, if they knew catch-and-release practice. Maybe it is sions are waived for eligibility pur- he was safe to ride. This horse and its late-breaking news to some around poses. For example, an alien who false- rider look very safe and confident. But here, but we ended that practice ally claimed U.S. citizenship would be I wish to make the point, in this bill, ready. Secretary Chertoff was on TV, considered eligible for amnesty, even with a trigger mechanism, we can’t telling the world on August 23, last though it is a crime. trust the trigger in this bill. It is false year, that he ended catch and release. No. 3, background checks are taken and it is misleading and that is what I However, further along in the bill it too lightly. An illegal alien can apply wish to point out. says—and it is referred to as OTMS, for probationary status and a Z visa I have heard Members of this body ‘‘other than Mexicans’’—can be re- without thorough background checks. talk about how amnesty would not leased into our community on a $5,000 Immediately after the bill passes, the start until the trigger is pulled. It says bond. The policy of catch and release alien can apply for probationary legal on page 2, ‘‘with the exception of the will not end. This part of the trigger in status and receive a card, even if the probationary benefits,’’ the Y and Z my judgment is false and misleading. alien’s background check is not com- visa programs cannot start until cer- There is a lot missing from the trig- plete. tain actions and certain items are com- ger. For example, title I of the com- No. 4, illegal aliens are protected pleted. So 12 million illegal aliens will promise has border security require- from removal. If an alien is in removal apply and likely get a probationary ments, but they are not in the trigger. proceedings or being detained at the card. This card gives the illegal alien a The bill requires the Department to time of enactment, the alien can still work authorization, a Social Security have a national border security strat- apply for amnesty. Aliens who apply number, and protection from removal. egy and surveillance plan. One would for amnesty cannot be detained or de- That is problem No. 1. Amnesty is think a plan is necessary right away in ported while their application is being given away before we even get to the order to secure the borders, not after processed, essentially giving them im- trigger. the trigger is pulled. munity from justice. I wish to talk about four of the key The trigger does not include author- No. 5, terrorists and criminals can actions that the trigger requires. First, izations for a number of Homeland Se- apply for amnesty. The Secretary of it requires the establishment of an curity personnel. While the bill re- Homeland Security is allowed to waive electronic employer verification sys- quires the Department to hire more in- the grounds of ineligibility for those tem. I am a champion for that con- vestigators for alien smuggling and who have an outstanding final adminis- cept—make the employer responsible more interior enforcement personnel, trative order of removal, deportation for making sure the person is legally in these requirements are not part of the or exclusion. Currently, there are more the country. In fact, I wrote title III trigger. than 637,000 alien absconders in the last year. It could be a very solid en- I think, before an amnesty starts, we United States who have defied orders forcement tool. But the trigger only should require interior enforcement to leave. says it needs to be established. It says measures to be met. Our national secu- No. 6, taxes. Illegal aliens are re- nothing about requiring all businesses rity is not just a border issue. quired to provide the Internal Revenue to use it. Under the compromise, em- Finally, I think the trigger should in- Service information about tax pay- ployers would not be forced to use it clude something we have been trying ments only when applying for legal until up to 3 years after the date of en- to do since 1996, after the first attacks permanent residence if that avenue is actment. on the World Trade Center. Congress pursued. Illegal aliens can skirt the Second, the trigger says that 18,000 enacted a law that requires an entry Federal, State and local tax laws be- Border Patrol agents have to be hired. and exit system to track all foreign cause it is not a requirement to prove According to the Department of Home- travelers. That is known as the US- one has paid outstanding tax liabilities land Security, we already have 14,000 VISIT Program. We had to endure an- to get probationary or Z status. agents, so the trigger requires that other attack in 2001 before people took No. 7 limits eligibility to illegal 4,000 more are hired. Sure, we can hire the entry and exit system seriously. aliens. It creates a Z nonimmigrant

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6499 visa program for illegal aliens and ille- nesty because I heard that 20 years ago. (b) EFFECTIVE DATE.—The amendment gal aliens only. No one else is eligible I will not hold my breath. Nobody is made by subsection (a) shall— for this program, particularly those making any promises that this is the (1) take effect on the date of the enactment waiting their turn in line. Also, there last amnesty, and that is because we of this Act; and (2) apply to all visas issued before, on, or is no cap on the number of eligible par- all know amnesties will continue. We after such date. ticipants. are on a path to make what I consider Mr. GRASSLEY. Madam President, No. 8, indefinite renewal of the Z a mistake that I made in 1986. We the amendment I have before you is nonimmigration visas. Z nonimmigrant ought to get it right and focus on the dealing with an issue I just described in visas are valid for 4 years and may be long-term solutions to this problem. renewed indefinitely. This is a dis- So I am going to be offering some morning business as one of 15 flaws in incentive for illegal aliens to pay the amendments to fix some of these 15 a very important part of this legisla- $4,000 penalty, touch back to their own flaws, but I am not sure it can be re- tion. This amendment is going to re- country, and prove that they paid their paired at the end of the day. It is my vise current law related to visa revoca- taxes or receive a very important med- plan, when we go into the bill, to offer tion for visa holders who are on U.S. ical exam. an amendment, to lay an amendment soil. No. 9, health standards are ignored. before the body. Now, we have this situation which No medical exam or immunizations are Madam President, I yield the floor. does not make sense. My amendment is needed to get a Z visa. meant to bring common sense to this. f No. 10, there is no incentive to learn Under current law, visas approved or English. There is no English require- CONCLUSION OF MORNING denied by a consular officer in some of ment to get a Z visa. Each Z non- BUSINESS our embassies overseas would be nonimmigrant must only demonstrate ‘‘an The PRESIDING OFFICER (Mrs. reviewable. In other words, what that attempt to gain an understanding of MCCASKILL.) Morning business is consular office said would be final. the English language’’ upon the first closed. That person being denied a visa to renewal of the Z visa. There are waiv- f come to this country would not have ers even for that requirement. access to courts because consular offi- No. 11, green card applicants are not COMPREHENSIVE IMMIGRATION cers have the final say when it comes required to return to their home coun- REFORM ACT OF 2007 to granting visas and allowing people try. Green card applicants, only for the The PRESIDING OFFICER. Under to enter a country. So if you are a con- principal alien, must be filed in person the previous order, the Senate will re- sular officer and you believe somebody outside the United States but not nec- sume consideration of S. 1348, which is a terrorist or a terrorist threat, you essarily in the alien’s country of ori- the clerk will report. can deny the visa, no review. gin. The assistant legislative clerk read However, if that person gets a visa The alien can then reenter, likely on as follows: and they come to this country and we the same day, under a Z nonimmigrant A bill (S. 1348) to provide for comprehen- find out later on that they are a poten- visa because it serves as a valid travel sive immigration reform and for other pur- tial terrorist and should not have come document. Again, there are exceptions poses. here in the first place and you want to for the requirement. Pending: get them out of the country as fast as No. 12: Fault with these provisions. Reid (for Kennedy/Specter) amendment No. you can—because that is surely what Fines are, quite frankly, false and mis- 1150, in the nature of a substitute. we would have done with the 19 pilots leading. Not everyone is required to AMENDMENT NO. 1166 TO AMENDMENT NO. 1150 who created the terror we had on Sep- pay the $5,000 penalty. The principal The PRESIDING OFFICER. The Sen- tember 11—then that decision made alien pays some fines and fees, and the ator from Iowa is recognized. when the person comes to this country, dependents only have to pay a proc- Mr. GRASSLEY. Madam President, I that decision by the consular officer is essing and State-impact fund fee. To have an amendment at the desk that I reviewable in the U.S. courts. get a green card, if an alien intends to would like to call up. Now, everybody is going to say: Well, pursue this route, a Z–1 nonimmigrant The PRESIDING OFFICER. The that just does not make sense. You must pay a $4,000 penalty. Z–2 and Z–3 clerk will report the amendment. aliens are only required to pay applica- know, the same person over in some The assistant legislative clerk read tion fees. foreign country wants to come here, No. 13: Fines will not adequately pay as follows: and the consular officer says: We can’t for the cost of amnesty. The bulk of The Senator from Iowa [Mr. GRASSLEY], for let that person come here because he is himself, and Mr. DEMINT, proposes an a potential terrorist threat. Well, then the monetary fines are required at the amendment numbered 1166. end of the program. All fines may be they do not get to come here and no- paid in installments, and waivers are Mr. GRASSLEY. Madam President, I body can review that. But if that very available in extraordinary cir- ask unanimous consent that the read- same person came here and we decided cumstances. ing of the amendment be dispensed they shouldn’t have been here in the No. 14: Impact on State and local with. first place, then they have access to government. State impact money will The PRESIDING OFFICER. Without our court system before they can be re- be granted to States to provide services objection, it is so ordered. moved. Thanks to a small provision infor noncitizens only, instead of pro- The amendment is as follows: serted during conference negotiations viding services to all citizens impacted (Purpose: To clarify that the revocation of on the Intelligence Reform and Ter- by the large number of illegal immi- an alien’s visa or other documentation is rorism Prevention Act of 2004, the visa not subject to judicial review) grants. Examples would be school sys- holder at that point has more rights At the appropriate place, insert the fol- than he or she should have. I think tems and health care services. lowing: No. 15 and last: Revocations of ter- that is very obvious. SEC. lll. JUDICIAL REVIEW OF VISA REVOCA- Now, the ability to deport an alien on rorist visas. You know that visas re- TION. voked on terrorism grounds—I am (a) IN GENERAL.—Section 221(i) of the Im- U.S. soil with a revoked visa is nearly talking about terrorists—if a visa is re- migration and Nationality Act (8 U.S.C. impossible if the alien is given the op- voked on terrorism grounds, it would 1201(i)) is amended by striking ‘‘There shall portunity to appeal the revocation. allow Z visa holders to remain in the be no means of judicial review’’ and all that This section has made the visa revoca- United States and use the U.S. court follows and inserting the following: ‘‘Not- tion ineffective as an antiterrorism system to appeal those terrorism withstanding any other provision of law, in- tool. cluding section 2241 of title 28, United States charges. My amendment would treat visa rev- Code, any other habeas corpus provision, and ocations similar to visa denials be- The bill, including the amnesty pro- sections 1361 and 1651 of such title, a revoca- gram, does not address visa revocation tion under this subsection may not be re- cause the right of that person to be in for any visa holder. viewed by any court, and no court shall have the United States is no longer valid. In I would like someone to tell me that jurisdiction to hear any claim arising from, other words, if it was not valid for him this is the last time we will do an am- or any challenge to, such a revocation.’’. to come here in the first place and it

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6500 CONGRESSIONAL RECORD — SENATE May 23, 2007 was not reviewable by the courts, and grants a visa to a person, and that per- tributing to the attacks on September then they get here and for the same son makes his or her way where they 11. Nineteen hijackers used 364 aliases. reasons they should not be here—be- were intended to come, to this great Those people who killed 3,000 people in cause they are a terrorist threat—they country of the United States. After ar- New York and 300 people here at the should not have access to our courts. riving in the United States, a consular Pentagon knew how to play the sys- So this exception has made the visa office finds out that the foreign indi- tem. They had 364 aliases. Two of the revocation ineffective as an antiterror vidual has ties to terrorism. Maybe the hijackers may have obtained passports tool. My amendment would treat visa consular officer found out that visa from family members working in the revocations similar to visa denials be- holder attended a terrorist training Saudi passport ministry. Nineteen hi- cause the right of that person to be in camp or maybe the intelligence com- jackers applied for 23 visas and ob- the United States is no longer valid. If munity just informed the consular offi- tained 22. The hijackers lied on the they were originally denied a visa by cer that the visa holder was linked to visa application in detectable ways. the consular officer, there would be no the Taliban or maybe our Government The hijackers violated the terms of right to dispute; they would not be just learned that visa holder gave mil- their visas. They came and went at here in the first place. lions of dollars to a terrorist organiza- their convenience. I asked Secretary Chertoff about the tion before they applied for a visa. The 9/11 Commission pointed out the problem with our current law on the These are all very good reasons for rev- obvious by stating: visa revocation, and I want to quote ocation of a visa. If a person should not from what he told the Judiciary Com- Terrorists cannot plan and carry out at- have received a visa in the first place, tacks in this country if they are unable to mittee in March because I have been then the consular officer has to revoke enter the country. working on this problem for a while. it. Well, I mean if they had the visa To quote Secretary Chertoff: In the Midwest we call that common then, you have to go to the trouble of sense. The fact is that we can prevent someone getting it revoked. The 9/11 Commission recommended who’s coming in as a guest. We can say ‘‘You Three key points to consider: First, can’t come in overseas,’’ but once they come that we intercept terrorists and con- in, if they abuse their terms and conditions the decisions to revoke a visa are not strain their mobility. This amendment of their coming in, we have to go through a taken lightly. If a consular officer would do that. Allowing aliens to re- cumbersome process. That strikes me as not needs to revoke a visa, the case is thor- main on U.S. soil with a revoked visa particularly sensible. People who are admit- oughly vetted. In fact, the case is de- or petition is a national security con- ted as guests, like guests in my house, if the cided back here in Washington, DC, at cern and something the 9/11 Commis- guest misbehaves, I just tell them to leave; the highest levels. Second, consular of- they don’t get to go to court over it. sion would suggest is needed. We ficers do not have the authority to re- should not allow potential terrorists We can equate the role of homeowner voke a visa based on suspicion. A rev- to that of a consular officer. Currently and others who act counter to our laws ocation must be based on actual find- to remain on U.S. soil and get the pro- and historically, all decisions by con- ing that an alien is ineligible for the sular officers with regard to the grant- tection of our courts, stay in this coun- visa. Third, consular officers give the ing, the initial granting of visas are try for years through the appeals proc- visa holder an opportunity to explain final and not subject to review. Rev- ess of seeking relief from deportation. their case. They may ask them to come ocations shouldn’t be treated dif- Terrorists took advantage of our sys- to the embassy and defend themselves. ferently in the case of terrorists. tem before 9/11. We cannot let that hap- Why is this important to do? Con- So when a visa is revoked, it is very se- pen again. This amendment will be sider visa revocations related to ter- rious business. But the current law helpful in making sure that doesn’t rorism. Consider the 2003 Government handicaps law enforcement and makes happen again. Accountability Office report revealing it nearly impossible to deport the alien I hope my colleagues will support the that suspected terrorists could stay in if they already made it to the United amendment. the country after their visas had been States. I yield the floor. revoked on the grounds of terrorism Current law allows aliens to run to The PRESIDING OFFICER. The Sen- because of a legal loophole in the word- the steps of our country’s courthouses ator from Massachusetts. ing of revocation papers. This loophole and take advantage of our system. Al- Mr. KENNEDY. Madam President, I came to light after the Government lowing review of a revoked visa, espe- thank the Senator from Iowa. Accountability Office found that indi- cially on terrorism grounds, jeopard- I see the Senator from Georgia and I viduals were granted visas that were izes the classified intelligence that led know the Senator from New Jersey later revoked because there was evi- to the revocation. It can force agencies wishes to speak on this issue. I will dence the persons had terrorism links such as the FBI and the CIA to be hesi- speak briefly. Will the Senator agree to and associations. tant to share any information. Current an hour of time on the amendment? The FBI and the intelligence commu- law could be reversing our progress on Mr. GRASSLEY. Yes. Will the Sen- nity suspected ties of terrorism in hun- information sharing, the very major ator let me check with our leadership? dreds of applications. The FBI did not thing we did to make sure September Mr. KENNEDY. That is fine. We don’t share this information with our con- 11 didn’t happen again. Prior to Sep- expect to vote at that time. I have been sular officers in time, so the consular tember 11, the FBI and the CIA could informed by the leader we are going to officers granted the visas. So I suppose not share information. Now they can, try to do this amendment, then the at that point you cannot blame the in hopes that we will stop September 11 Bingaman amendment, and then vote consular officers when they did not from happening again. But if all this on both at 2 o’clock. I won’t propose have the information the FBI should information is going to get out through that as a time, but if the Senator have given to them. So then when they the court system, one of two things would think in those terms, we will go got the derogatory information about will occur: It isn’t going to be given to ahead with other Senators and then these individuals from the FBI, then it the State Department in the first come back to the Senator from Iowa. was too late. They had already been place, or, secondly, if it is given and it Mr. GRASSLEY. Madam President, granted visas. They were already here. gets into the court system and gets may I say to the Senator that it is not The consular officers then had to go out, we are going to have a damper put my idea to take a long time, but I was through the process of revoking the on the sharing of information. asked to offer my amendment now by visas. What the Government Account- We ought to be able to make sure a the leadership. I want to check with ability Office found was that even terrorist doesn’t get into this country them. though the visas were revoked, immi- without exposing the source of our in- Mr. KENNEDY. I thank the Senator. gration officials could not do a thing formation and, once here, get them The PRESIDING OFFICER. The Sen- about it. They were handicapped from out. We need to secure this country, ator from Georgia. locating the visa holders and deporting and we need the ability to revoke visas Mr. ISAKSON. Madam President, in them. without terrorists or criminals seeking deference to the distinguished Senator I wish to give you an example of how relief from deportation. I remind my from New Jersey, I will only be a this hurts us today. A consular officer colleagues of our poor visa policy con- minute.

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6501 To the distinguished Senator and my Let me start off with the Grassley Mr. MENENDEZ. I am happy to ranking member on the Finance Com- amendment. I rise in strong opposition yield. mittee and my dear friend, I commend to the amendment. It abolishes the Mr. KENNEDY. I listened with great him on his words and his effort. I do last—underlined—remnant of judicial interest—I hope our colleagues are—to want to correct or at least amplify on review on visa revocations. During the the point the Senator from New Jersey a simile he used in his remarks where course of this week and the week when is making. I wish to ask his comment he had the picture of a stuffed horse we come back, we are often going to on a situation. Some months ago we named Trigger and made an analogy to hear terrorism invoked as the reason had a raid in New Bedford, MA. The the triggers in this bill. we must act in certain ways. Some of people were picked up. They were sent I have worked for 18 months on these those ways ultimately undermine the up to Fort Devons and flown out of triggers. They actually are a com- essence of the Constitution of the there, and many of them were trans- plement to what he wants to do in United States and the equal protection ported to El Paso. Then some of them terms of deporting people who are in clause. I think it is a false choice to be were deported. I have in my hand a this country on expired visas. One of put in a position between the sugges- May 3 article from the Boston Globe. the triggers in the bill that is a pre- tion of terrorism and the suggestion The headline is ‘‘U.S. Deports Wrong requisite to any of the rest of the bill that we should undermine the Con- Raid Detainee In Case of Mistaken going into effect is a biometrically se- stitution. I raise that as a warning flag Identity.’’ cure ID which will prohibit exactly now, as we look at all other amend- A man arrested in the March 6 raid of the what happened with the hijackers on 9/ ments that are going to be coming. We Michael Bianco leather factory in New Bed- 11, because every business, school, em- are going to hear a wide range of rea- ford was deported by mistake, Federal offi- ployer, university, training center, and sons why we should dramatically cials said yesterday. Juan Sam-Castro, a na- the like will be able to swipe that mag tive of Guatemala, was taken for a man of change judicial reviews, the essence of the same name, said the spokesman for the tape, and if they have an expired visa, protection under the Constitution. I U.S. Immigration and Customs Service. As they will know it. Secondly, because of hope our colleagues will understand soon as the Customs Service became aware, the biometrics of a fingerprint, you that is a slippery slope to go down. we took immediate steps to bring Castro cannot have a forged ID, nor can you I hope we are not going to undermine back to the United States. We are trying to have a stolen ID, because the holder of due process, rule of law, and judicial locate him. the stolen ID’s print will not match. review, because they are not just lim- Here is an American citizen who has With regard to the other triggers— ited to suggestions on terrorism. been deported and they are trying to and I appreciate the time of the Sen- Maybe if they were limited only on locate him. Is the Senator not saying ator from New Jersey to amplify on the that, we could consider supporting that in the situation where last year remarks I made yesterday—the trig- such amendments. But it is elimi- we deported 187,000 individuals and gers in this bill provide 2,700 redundant nating judicial review totally, as it re- even in the last few weeks where we miles of barriers and visual security on lates to visa revocation. have this kind of mistake, at least the border, more miles than there are Right now what is the law? Right some opportunity for an expedited kind on the common border; 18,000 Border now judicial review of a visa revoca- of a review that effectively is not slow- Patrol agents; 27,500 beds to detain tion is already severely restricted. In ing the process down with this indi- anyone who is caught until their hear- fact, visa revocations are insulated vidual, between the time he was ar- ing date comes forward; 375 miles of from any judicial review when the visa rested and the time he was deported, barriers; 1,640 miles of ground posi- holder is outside of the United States was very few weeks, let alone the time tioning radar; 600 miles of constant and the consular officers—these are our he had the hearing, does this illustrate surveillance in the air, plus all the representatives abroad—have excep- at least part of the points the Senator ground sensors and the cameras that tionally broad authority to make rev- is trying to make with regard to the allow those 18,000 agents, when they ocation decisions. If you are outside immigration service and the need for are on duty, to immediately intercept the United States, you are not even at least permitting the kind of review the people who are violating the bor- coming. You don’t even get a chance at that currently exists? I do not believe der, immediately put them in one of judicial review. Let’s make that clear. we have had testimony to the contrary the 27,500 beds, and hold them until The only area where limited judicial that this is an undue burden on the their case comes up and they are de- review of visa revocation remains system. ported. I have no qualm with the Sen- available is with respect to individuals Mr. MENENDEZ. Madam President, I ator’s amendment whatsoever, but I who are in the United States and then appreciate the question and description don’t think it is exactly correct to are placed in removal proceedings as a from the Senator from Massachusetts. make the reference to Roy Rogers’ result of the revocation. Then judicial In fact, it is clearly one element—one horse as an analogy to the triggers in review is permitted in the context of very dramatic element—of the Govern- this bill because, in fact, these triggers those removal proceedings, if revoca- ment acting wrongly: deporting some- are meaningful. In their absence and in tion is the only ground for that re- one who had every legal right to be the absence of the President seeing moval. here in this country—making that mis- that they are done, Homeland Security This is a critical check on Govern- take, and then, realizing they made a executing, and the Congress appro- ment authority to make arbitrary deci- mistake, are now trying to find that priating, this bill self-destructs. It is sions. It is vitally important to allow individual whose life has been turned the predicate upon which complemen- the court review of removal pro- upside down. tary things such as the Senator is try- ceedings because a person’s ability to In the process of doing that, under ing to do actually are made more remain in the United States is at the amendment of the Senator from meaningful and more helpful. stake. We know immigration authori- Iowa, they do not even have a chance I appreciate the Senator letting me ties have on more than one occasion to go to court. So the human faces we amplify on that. made a mistake in the person’s case or are talking about here are real. That is I yield the floor. the person may have compelling cir- not about terrorism. The PRESIDING OFFICER. The Sen- cumstances that warranted consider- Now, let me give you another exam- ator from New Jersey. ation by a judge. We have seen cases ple. The Senator from Massachusetts Mr. MENENDEZ. Madam President, I time and time again that have so dic- gave a very vivid one. Let me give you have two purposes for rising at this tated and have said the Government is another example of what happens when point. One is to speak to the amend- wrong, the individual is right. This we do not permit basic due process as a ment offered by the distinguished Sen- would nullify that opportunity totally. part of our law. ator from Iowa and then to speak sub- This amendment would eliminate the This amendment would eliminate ju- stantively, as we get into a full debate last remaining remnant of judicial re- dicial review for all visa revocations of comprehensive immigration reform, view. unnecessarily, and it unduly expands to lay out some parameters I hope all Mr. KENNEDY. Will the Senator the already broad discretionary au- of our colleagues will consider. yield on that point for a question? thority of the executive branch. Let me

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6502 CONGRESSIONAL RECORD — SENATE May 23, 2007 give you an example—a different case. interests. I urge my colleagues to op- Eastern Europe, and entirely prohib- A foreign government that wants to pose it. ited East Asians and Asian Indians, rein in one of their dissidents provides Now, let me speak more broadly stated that: false information to the U.S. consulate about the overall immigration effort. Our capacity to maintain our cherished in- that leads the consul to revoke the Since I have already heard some of the stitutions stands diluted by a stream of alien visa. This is someone who is speaking commentaries on the floor, I think it is blood, with all its inherited misconceptions against maybe a totalitarian regime, a important for us to have a framework respecting the relationships of the governing dictatorship, people who are oppressing of where this discussion, I hope, will go power to governed. . . . The day of unalloyed welcome to all peoples, the day of indis- people’s human rights, but they are in a civilized fashion that understands criminate acceptance of all races, has defi- here in the United States. They got a the better angels within us. nitely ended. visa, and they are here speaking out. From the congressional district I had Finally—to give you a sense of some That government wants to make sure the honor of representing for over 13 of these things that have been part of that person can no longer speak out, so years in the House of Representatives, our past—a 1925 report of the Los Ange- they give false information to the con- one can see the Statue of Liberty. You les Chamber of Commerce stated that sul, and the consul reviews it and can almost touch it. Ellis Island has Mexicans are suitable for agricultural makes a factual determination: Do you been a gateway to opportunity for mil- work ‘‘due to their crouching and bend- know what. This looks right. Let’s re- lions of new Americans. For me, it is a ing habits . . . , while the white is voke the visa. shining example of the power of the physically unable to adapt himself to That person, that dissident, strug- American dream, a place that launched them.’’ gling to make a difference in the lives millions down their own road to suc- That was in 1925. of people in that country—we want to cess. These are just a few statements from see people like that challenging their As Americans listen to this debate, I the past that have taken issue with and own systems; we want to see people hope they understand and are honest criticized the relatives and forefathers like that fighting in their own coun- with themselves—whether their family of various segments of our Nation’s tries so we never have to send our peo- was part of the men and women who population today. ple abroad—that person does not even made the voyage on the Mayflower or We must all remember that just in have one chance to make the case in a part of the millions who stepped off of the last Congress the House of Rep- court of law that what is being said is Ellis Island or part of those who were resentatives passed H.R. 4437, better false. brought to this Nation against their known as the Sensenbrenner bill. Be- Exposing individuals in this country will or, if like my own parents, they yond the heated rhetoric that existed to such arbitrary and capricious action came to this country fleeing tyranny during the debate on that legislation, is un-American. We should be striving and searching for freedom—we all have the bill itself was shortsighted and for more balance and more trans- a connection to immigration. even more mean spirited and would parency, not less. America has a proud tradition as a have made felons out of anyone who Let me say there is another case, a nation of immigrants and a nation of was here in an undocumented status. case decided here in the United States laws. History is replete with examples in June of last year, where a U.S. Fed- That bill would have also criminalized of the United States of America being citizens of the United States through a eral judge issued an order soundly re- a welcoming Nation. But, unfortu- jecting the Government’s contentions much broader definition of smuggling nately, very often the public dialog that would have allowed the Govern- against an individual—the same type of through the years has been less than case that would not, under this amendment to prosecute almost any Amer- welcoming. Over the decades, the in- ment, have access to this type of judi- ican who had regular contact with un- flux of immigrants of various cial review where this Federal judge documented immigrants. Luckily, that ethnicities has caused concerns and, in determined that the Government was did not pass. many cases, heated comments against wrong, the individual was right. But today we continue to hear across What was the individual saying? He such immigrants to our Nation. In the landscape of the country hateful was saying his point of view, which some cases, there were even laws en- rhetoric used to polarize and divide our separated him from the administra- acted to limit or ban certain ethnic country on this issue. But we must tion’s point of view. Because it sepa- groups from being able to come to the never allow ourselves to buy into the rated him from the administration’s land of opportunity. Let’s remember rhetoric. We must never subscribe to point of view, they revoked his visa. some of this history so we do not re- the policies of fear and division, driven The judge held the decision was not a peat it again in these debates. by xenophobia, nativism, and racism. due authority, a use for the revocation Before the American Revolution, The responsibility is on all of us—not of the visa, and that person was al- Founding Father Benjamin Franklin just on Members of Congress, but ev- lowed to stay simply because they were wrote of the influx of German immi- eryone in this Nation. We must reject expressing their points of view dif- grants to Philadelphia: the rhetoric of hatred, division, and po- ferent from this administration. Those who come hither are generally the larization. We must demand a com- Is that what we want to do? Elimi- most stupid of their own nation. prehensive immigration policy that nate the possibility for someone to be Henry J. Gardner, the Governor of does not denigrate or demonize, but is able to go to court and say: ‘‘I am Massachusetts in the middle of the 19th tough, smart, fair, and humane. being hushed because I have a different century, saw the Irish as a ‘‘horde of However, on this issue, we must be point of view. My visa is being revoked foreign barbarians.’’ completely honest with ourselves. Our with not one chance to go to court’’? In 1882, Congress enacted the Chinese country’s immigration system is By the way, finally, if we are going Exclusion Act, which made it nearly unarguably broken. In light of these to talk about terrorism, if I have a ter- impossible for additional Chinese to failures, we must enact tough, smart, rorist in my possession, under other enter America. The law was not re- and comprehensive immigration re- provisions of law I do not want to de- pealed until 1943, in the middle of form that reflects current economic port them. I want to arrest them. I World War II, when the United States and social realities, respects the core want to throw them in jail. I want to and China were allies against Japan. values, I hope, of family unity and fun- make sure they do not get out of the In the early 1900s, H.G. Wells, a Brit- damental fairness, and upholds our tra- country to do harm back to this coun- ish novelist, stated that the arrival of dition as a nation of immigrants. try. Why would I want to deport them? Eastern Europeans, Jews, and Italians In the absence of Federal legislation, I want to arrest them. I want to jail would cause a ‘‘huge dilution of the what is happening is many local gov- them under other provisions of law. I American people with profoundly igno- ernments in my State of New Jersey want to prosecute them. I do not want rant foreign peasants.’’ and, for that matter, across the Nation to let them go free so they can try to Congressman Albert Johnson, co- are passing ordinances to address do harm again to the United States. author of the Johnson-Reed Immigra- issues surrounding undocumented im- This amendment actually works to tion Act of 1924, which severely re- migration in their communities. Unfor- the opposite of our national security stricted immigrants from Southern and tunately, many of these ordinances

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6503 violate constitutional equal protection immigration system, but by no means nomic impacts on the Nation and its guarantees and create divisions in com- is it adequate in isolation. We must economy. munities that did not exist. also crack down on companies that il- Such a mass deportation of the un- In addition to the moral imperative, legally hire undocumented workers— documented population, even assuming our society would greatly benefit eco- something that is long overdue. I know 20 percent could leave voluntarily if nomically if we enacted comprehensive under the Clinton administration, em- such a policy was enacted, would cost immigration reform. Such reform ployers were held accountable for hir- us over $200 billion over a 5-year pe- would allow undocumented immigrants ing undocumented workers, as 417 busi- riod, according to the Center for Amer- to come out of the shadows and fully nesses were cited for immigration vio- ican Progress. That is not going to pay their taxes, ensuring accurate cen- lations in 1999 alone. In contrast, a happen. So fully securing our borders is sus counts, which translates into equi- mere three—three—employers were impossible unless efforts to include a table funding levels for programs and issued notices of intent to fine by the temporary guest worker program and a schools. Additionally, we can reduce Bush administration in 2004 for similar path to earn residence for undocu- law enforcement demands since the violations, making it 22 times more mented immigrants is part of the over- need for day laborers, forged docu- likely for an American to be killed by all reform. ments, and driver’s licenses, along with a strike of lightning in an average year This solution will encourage immigrants to come out of the shadows and the use of exploitation and human traf- than prosecuted for such labor viola- legalize their status. By doing so, we ficking would largely be shut down. tions. As to those who don’t come forward So much for enforcing the existing will learn who is here to seek the when such an opportunity is presented, law. American dream versus who is here to we would be focused on asking: Why What happened in the span of those 5 destroy it through criminal or terrorist are they not coming forward? We would years? What happened? Did companies acts. Most of the people who cross our be able to determine who is here to suddenly decide to start abiding by the borders come looking for work, as pursue the American dream versus who law by not hiring undocumented immi- many of our ancestors did. These immi- is here to destroy it. grants? No. The truth of the matter is, grants contribute to our economy, pro- We need to aggressively curtail unau- similar to border enforcement, this ad- vide for their families, and want a bet- thorized crossings at the border, pro- ministration made a conscious decision ter life for their children. Let me say I am, first and foremost, tect both undocumented immigrants to look the other way in order to once in favor of hiring any American—any and American workers from corpora- again serve the interests of corporate American—who is willing to do any job tions exploiting undocumented labor, America to the detriment of average that is available in this country today and provide a pathway for immigrants American citizens. or tomorrow, but let’s remember the to earn—and I repeat: earn—permanent That is why I support stronger immi- jobs we are talking about. The fruit residency in order to ensure our immigration enforcement not only at the you had for breakfast was picked by gration system is safe, legal, orderly, borders but at the workplace. Unscru- the hands and bent back of an immi- and fair to all. pulous companies that intentionally grant laborer. The hotel room and Our goal should be neither open bor- hire undocumented immigrants do so bathroom you use in travels through ders nor closed borders but smart bor- because they know they can exploit the country is likely cleaned with ders. The specter of terrorism in a these people without fear of retribu- bended knee by an immigrant worker. post-September 11 world creates an tion. They know this because undocu- The chicken you had for dinner yester- even greater imperative for us to suc- mented immigrants are forced to hide day was likely plucked by the cut-up ceed in this endeavor. The underlying in the shadows of society and subse- hands of an immigrant laborer. If you bill has a whole host of triggers that go quently have no avenues to report have an infirmed loved one, their daily to the very heart of those elements. labor abuses. Not only does this hurt necessities are probably being tended We have all seen some of the con- the immigrant being exploited, it also to by the steady hands and warm sequences. We have seen lawlessness directly impacts American citizens hearts of an immigrant aide. Let us re- along the borders. Crime in our border who must compete in the market with member that. communities is increasing and over- exploited labor. We must immediately So we have to create an equal play- whelming local law enforcement’s abil- end these abuses and in doing so create ing field to ensure that the wages, ben- ity to address these challenges. So- an equal playing field to ensure that efits, health, and labor standards of the called coyotes, or human smugglers, the wages, benefits and health and American worker are not undercut. charge thousands of dollars to bring labor standards of the American work- But it is also in our best interests to people into this country, creating a er are not undercut. have these workers participate and multimillion dollar industry for orga- While securing our borders and en- contribute to our society, especially nized criminal organizations to exploit forcing strengthened workplace em- when we had a 4.5-percent unemploy- and fuel their other illegal activities. ployment laws will enable us to regu- ment rate in April of this year and a In fact, several reports have indicated late the influx of new immigrants, it declining ratio of American workers to there is more money in smuggling does nothing to solve our current di- retirees. these undocumented immigrants into lemma of an estimated 12 million un- By coupling enhanced enforcement our Nation than smuggling drugs. documented immigrants who currently efforts with new immigration and labor However, history proves it is not reside in the United States. That is laws, we will not only regulate how enough to rely on enforcement alone, why our immigration policy must be workers come into the country but fi- even though I am totally for the en- about more than simply enforcement. nally give our border and law enforce- forcement. Over the past two decades, It must be about providing a safe, or- ment agencies a fighting chance to ful- the Federal Government has tripled— derly, timely, and legal process that fill their duty. tripled—the number of Border Patrol deals with the economic realities of our Now, much of what the underlying agents and increased the enforcement time. bill does meets some of these chal- budget tenfold—tenfold. Yet, despite So in order to make our immigration lenges, and I respect those elements. tripling the Border Patrol and increas- system overall workable, we must be But I wish to talk about one very coming the budget tenfold, these efforts practical, fair, and humane in dealing pelling issue that I believe it does not have yet to stop those who have either with the estimated 12 million undocu- meet: the importance of family. I said crossed the border or overstayed their mented immigrants living in the throughout the negotiations that were visas. So it is about border protection, United States. To do otherwise would had, with a massive, complex bill such but it is also about a more comprehen- require the most massive roundup and as this one, the devil is in the details. sive effort to make sure you deal with deportation of people in the history of There are a number of details in this the push-and-pull factors of immigra- the world—in the history of the world. deal that would create an unfair and, tion. I believe this is both highly unlikely in my mind, impractical immigration Securing our borders is the first step and impractical on many levels, in- system, undercutting the more sensible to ensure an orderly, fair, and smart cluding due to both budgetary and eco- provisions.

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6504 CONGRESSIONAL RECORD — SENATE May 23, 2007 This is especially true when it comes annual cap for green cards for parents egories will be grandfathered in and to the issue of family. The deal struck of U.S. citizens at 40,000. Last year, dealt with as part of clearing the back- virtually does away with a provision 120,000 visas were given to such par- log during the first 8 years but only if for family reunification which has been ents, and the annual average number of you filed your application before May 1 the bedrock of our immigration policy green cards issued over the past 5 years of 2005. What is the consequence of throughout our history. This idea not to parents is 90,000, so this bill would that? The consequence of that is over only changes the spirit of our immigra- slash required green cards by more 800,000 people who have played by the tion policy; it also emphasizes family than half for a U.S. citizen to be reuni- rules, applied under the normal proc- structure, and all without a single fied with their mother or father. So we ess, didn’t come across the border, hearing on the issue of family and our are automatically creating a new back- didn’t violate any law, did the right immigration system by the Senate Ju- log, even though the bill is intended to thing, that all of those who did all the diciary Committee, either in the 109th end such family backlogs. right things but applied after that or the 110th Congress. Another area that would be nega- date, will not be cleared as part of the Under this bill, they change the fun- tively impacted under the deal is the family backlog. They lose their chance damental values of our immigration spouses and minor children of legal under this law. policy by making an advanced degree permanent residents of the United More importantly, it vitiates—it or skill in a highly technical profession States. The bill before us does not lift takes away—the right of the U.S. cit- the most important criteria—the most the visa cap on the spouses and minor izen to have them claimed because they lose it. They have a petition pend- important criteria—for a visa. This Na- children of lawful permanent residents; ing under existing law, and yet that pe- tion has been built by immigrants who it actually lowers it, ensuring that backlogs continue indefinitely. The tition is gone with the flash of this bill. came here to achieve success, but the So the legislation, as currently draft- separation is not only immoral in my deal tilts toward immigrants whose ed, says that if you legally apply for a mind, but it exacts an economic toll, as success stories are already written. visa after May 1, 2005, you have to com- They are already written. lawful immigrants who are productive pete under an entirely new system. It Family reunification will be deem- members of society move to rejoin is an arbitrary date that was picked phasized under this deal, serving to their families. Moreover, unification out of the thin air. tear families apart. From a moral per- with immediate family members gives Let’s think of how fundamentally un- spective, this undermines the family rise to an undesirable incentive to fair that is. Imagine you are a lawful, values I hear so many—in different break the law and live in the United permanent U.S. resident. You have contexts—so many of my colleagues States illegally. Families want to mi- fought for your country, you have shed talk about all the time. grate to each other, and that is a nat- blood for your country, and in some As the late Pope John Paul II said: ural, human instinct. We undermine cases, you may have even died for your The church in America must be a vigilant that in this respect. country. In fact, a noncitizen, a legal advocate, defending against any unjust re- Now, the so-called ‘‘grand bargain’’ permanent resident of the United striction of the natural right of individual also moves us to a point-based immi- States, Marine LCpl Jose Antonio persons to move freely within their own Na- gration system which would turn cur- Gutierrez, originally of Guatemala, tion and from one Nation to another. Atten- rent immigration on its head—a sys- was the very first, the very first U.S. tion must be called to the rights of migrants tem that hasn’t received any hearings combat casualty in the war with Iraq. and their families and to respect for their by the Judiciary Committee. Yet, in human dignity. Had he not been a combat casualty the agreement, we are moving to a under this bill, he would not have been Practically speaking, a breakdown of point system that is geared toward allowed to claim his family. If this bill family structure often leads to a break- people with degrees who are highly moves forward the way it is, these down of social stability. I took it to skilled or educated. Fine. We can have legal permanent residents are also not heart when President Bush said: ‘‘Fam- people who are highly skilled and edu- only—there are thousands of them in ily values don’t end at the Rio cated as part of the equation, but in the Armed Forces of the United States, Grande,’’ but this agreement, similar my mind it shouldn’t ultimately under- and they are protecting our airports, to his proposal before it, belies those mine dramatically the ability of fami- our seaports, and our ports. They risk words. lies to have a fighting chance. In fact, their daily lives in Afghanistan, Iraq, Yet here we are with a piece of legis- in the point system that is contained and other places around the world to lation which the White House pro- in the bill, families would receive no protect us here at home, yet we would moted that undermines the very es- points at all—no points at all, none— do away with their right to petition to sence of that. Even under a new point unless the applicant has obtained at have their sister or their brother come structure that is envisioned under the least 55 points through other elements: join and live with them in America. bill, it seems to me that the essence of employment, education, language. So Under this bill, you lose that right if family should be given more weight much for family values under that sys- you file after May 1, 2005. It is hard to and points within the context of a tem, in my mind. imagine that one would have that right whole new process of how we are going In addition, if the applicant meets taken away from them. to move our immigration system for- the 55-point threshold, they would be Here is another case for you to con- ward. Family, I would hope, even under eligible for a maximum of 10—a max- sider. You are a U.S. citizen. You have a new system, is a critical value, in our imum of 10—additional points; that is paid your taxes. You may have served country. out of 100 maximum points. I guess your Nation. You attend church. You I would like to take a little time to that some who preach family values make a good living. You are a good cit- get into some of the details of this don’t believe that family should count izen. You have petitioned to have your agreement and how they would impact for more than 10 percent—10 percent. adult child come to America, but you families. Now, this legislation also curtails the did so after the date of May 1, 2005. Under current law, foreign-born par- ability of American citizens today, per- Under this bill, that U.S. citizen loses ents of U.S. citizens are exempt from manent residents, to petition for their their right. However, those who are un- green card caps when applying for legal families to be reunified here in Amer- documented in the country after May 1 permanent residency as they fall in the ica. of 2005, they actually get a benefit immediate relatives category. Now, re- As I mentioned earlier, there is a under the bill. So if you obey the law, member, this is someone—a U.S. cit- family backlog of people who have ap- follow the rules, do all the right things, izen already—a U.S. citizen or a U.S. plied for legal permanent residency you are a U.S. citizen, paid your taxes, permanent resident who has a right— who are claimed by U.S. citizens. This maybe even served your country in the who has a right—to claim their rel- legislation, as currently drafted, does Armed Forces, doing everything you ative. In this case, I wish to talk about away with several of the family cat- should do, you lose your right to claim parents. Unfortunately, the agreement egories such as adult children of a U.S. your relative under the existing law removes these individuals from the im- citizen and lawful permanent residents and be part of the backlog, but the per- mediate relative category and sets an and siblings of citizens. These cat- son who came in an undocumented

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6505 fashion over the border, they actually boat together today as Americans, and mitted that have denied them the op- will get a benefit as of January 1, 2007. together I hope we can make this jour- portunity to come to the United States It seems to me that the legal perma- ney a safe, orderly, and legal process to get a visa: crimes of moral turpi- nent resident, the U.S. citizen, should that preserves and fulfills the Amer- tude, such as aggravated assault, as- have at least the same date as those ican dream for all, that upholds the sault with a deadly weapon; aggravated who have not followed the law and the right of U.S. citizens to seek the reuni- DWI, fraud, larceny, forgery; controlled rules. It is hard to imagine, but it is fication of their families. It takes substance offenses, such as the sale, true. those who serve our country and who possession, and distribution of drugs, So these are a few of the short- are not U.S. citizens yet and gives us and drug trafficking; theft offenses, in- comings contained in the bill we are the right to say: You fought for Amer- cluding shoplifting; public nuisance; moving forward. This deal would have ica, you may have been wounded in the multiple criminal convictions, any prevented my own parents, a carpenter process. You have done everything we alien convicted of two or more offenses and a seamstress, from coming to this would want of any citizen. Your right regardless of whether the offense arose country. They wouldn’t have qualified to make a simple claim to have your from a scheme of misconduct; crimes of under this point system. I would like family reunited for you will not be violence; counterfeiting; bribery; per- to think that they and others whom I snuffed out by this legislation. jury; certain aliens involved in serious have heard about around this Cham- If we do that, this process deserves criminal activity who have asserted ber—I have heard so many stories from our respect. I hope this preserves the immunity from prosecution; foreign my colleagues in the Senate and for- Constitution, as well as the due process government officials who have com- merly in the House, talking about their of law that makes America worthy of mitted particularly severe violations of proud history. fighting for and dying for—the Con- religious freedom; significant traf- Their parents would not have been el- stitution and the Bill of Rights. When fickers of persons; money laundering; igible to come to this country under we seek to erode and undo it, we under- murder; rape; sexual abuse of a minor; this bill. I would like to think that, on mine the very essence of America’s child pornography, as well as attempts both sides of the aisle, they have con- greatness. Those are our challenges in or conspiracy to commit most of those tributed to the vitality of this Nation. this debate and also our opportunities. I have listened to so many of the sto- offenses. I yield the floor. Those, obviously, who are denied on ries of our colleagues, and I know Mr. KENNEDY. Madam President, security-related grounds include espio- many of their parents never would first of all, I commend my friend from nage or sabotage; engaging in terrorist have qualified to come to this country New Jersey for an excellent presen- activity, and that is broadly defined; under this bill. It seems to me a new tation, particularly on this issue of the likely to engage in terrorist activity, paradigm could have been structured Grassley amendment, and for also re- broadly defined; association with ter- where family values and reunification minding us about the importance of rorist activity; representative of a ter- have more of a fighting chance than family in the consideration of our im- under the framework agreement that rorist organization; spouse or child of migration bill. we consider. I think we are going to have an op- an individual who is inadmissible as a The story of the legislation is not portunity during the course of the day terrorist; activity that is deemed to finished. We still have the historic op- to deal with those issues in greater de- have adverse foreign policy con- portunity this week to craft tough, tail, and we will look forward to that. sequences for the United States; mem- smart, and fair immigration reform. It I think we have made some important bership in a totalitarian party. is my intention, starting, I hope, later progress in terms of family issues, but All of those ban individuals from today, through a series of amendments, I think we have also seen some changes coming into the United States. So if a to get to the heart of the issues I have visitor here has his visa revoked, he mentioned, to change and to improve in the existing law in those issues. And should be entitled to review. This this deal. I know many of my col- it is important for the American people doesn’t create a burden on our courts leagues are committed to the same to understand exactly the areas we but simply preserves basic due process. issues of practicality, fairness, and have made progress in and the areas Courts review these cases every day, family values, and I will work with that we have altered as we deal with and we have heard no evidence of any them to turn this unworkable deal, in this underlying bill. undue burden on the courts. These those respects, into sound policy we I wish to take a moment to address cases can be handled expeditiously. can all support. the points that are included in the As we have throughout our Nation’s Grassley amendment, which is the Immigration judges ordered 220,000 long and proud history, I believe we pending amendment. Then I under- people deported last year. Only 9 per- can create a pathway to the American stand the Senator from New Mexico cent of these decisions were appealed. dream for those who contribute to our will be coming down shortly to offer an We have no abuse in the system at the Nation and allow them to fully partici- amendment that deals with the tem- current time. So providing review to a pate in our economy and our society. porary workers. We will have an oppor- few more people whose visas are re- As the President told Congress in this tunity during the noontime to address voked won’t flood the courts. that issue. Then, according to the lead- year’s State of the Union speech: Let’s Again, we are talking about the mis- have a serious, civil, and conclusive de- ership, we will have the two votes. If there are side-by-sides, other votes—at takes that can be made with the De- bate, so you can pass, and I can sign, partment of Homeland Security, as a comprehensive immigration reform 2 o’clock or in the time close to 2 o’clock. I say that for the benefit of Member of the Senate, I was put on the into law. no-fly list by the Department of Home- It is a rare moment, but I agree with our colleagues here. land Security and denied the oppor- the President. Reform is long overdue. Madam President, on the Grassley tunity to even fly out of the Nation’s I want to just say that I have the amendment, I think it is important to Capital to go back to my home city of greatest respect for the Senator from understand that people who come into Boston. In Boston, I had the temporary Massachusetts in his advocacy in this the United States under visas have to approval by the Department there, regard. I look forward to trying to— go through extensive background which had to overrule Homeland Secu- even though he may not be able to sup- checks before they are granted visas, rity. Despite the head of the Homeland port some of these things as part of his and again before they are admitted. We Security then saying we have cleared commitment to a grand bargain— are talking about millions of visitors, that up, it wasn’t cleared up for 3 more change it in a direction that we can all about hundreds of thousands of schol- be proud of. But for him, we probably ars and researchers and workers. These weeks, and with the airlines, it was 4 would not be on the Senate floor debat- are not criminals or terrorists. Any- more weeks. If that happens to a Sen- ing this issue today, or in the past, and body who is a terrorist or criminal is ator, what is happening to other indi- I admire him greatly in that respect. not eligible for a visa. viduals? However we got here, from wherever I will just mention the various I have given the example of a person we came, we know we are in the same crimes that individuals have com- in my home State of Massachusetts

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6506 CONGRESSIONAL RECORD — SENATE May 23, 2007 who was deported. Now the Immigra- Mr. BINGAMAN. Mr. President, I ask leave for good. That is the structure of tion Service is trying to find that indi- unanimous consent that the order for the system as it now stands. I can go vidual down in Guatemala. It was be- the quorum call be rescinded. into whatever details Members are in- cause of similar names. The PRESIDING OFFICER. Without terested in to explain how the increase So I think, as the Senator from New objection, it is so ordered. mechanism provided for in the law is Jersey pointed out, the system we have The Senator from New Mexico. structured, but before I get into that, included in the legislation is appro- AMENDMENT NO. 1169 TO AMENDMENT NO. 1150 let me just talk about the larger con- priate. It is not burdensome. We have Mr. BINGAMAN. Mr. President, I ask text. had no complaints even during this unanimous consent that the pending This bill, the Kennedy-Kyl sub- long period of time. We have had no amendment be set aside, and I send to stitute, contains really three so-called complaints from any of those who have the desk an amendment to the under- temporary worker programs which are been involved in the system that it is lying substitute and ask for its consid- very distinct, and individuals can come an undue burden, or any complaints eration. to our country and work in our country from the judicial system. We have The PRESIDING OFFICER. Without under any of these three programs. found out that we have 23 different in- objection, the pending amendment will One program is what I would refer to cidents reported by my own Boston of- be set aside. as the true temporary worker program, fice of individuals who are very sub- The clerk will report. and that is where you bring people in stantial citizens in New England, in- The legislative clerk read as follows: for seasonal work. Clearly, that is something we have done for a long cluding a dean of a medical school, who The Senator from New Mexico [Mr. BINGA- were put on the list by mistake. MAN], for himself, and Mrs. FEINSTEIN, Mr. time. I think the limit in the law today So mistakes happen. All we have in OBAMA, Mr. DODD, and Mr. DURBIN, proposes is 66,000 are permitted to come in each this is a simple process of review. That an amendment numbered 1169 to amendment year for temporary work—to work at process has been outlined and stated by No. 1150. resorts or work in some kind of a sea- the Senator from New Jersey, and it Mr. BINGAMAN. Mr. President, I ask sonal job—and then that 66,000 is then should be preserved. unanimous consent that further read- allowed to be increased to reflect those I look forward to not closing off the ing of the amendment be dispensed who have come the previous year or time to the Senator from Iowa, but we with. two. In fact, I think the estimate I are trying to move this process along The PRESIDING OFFICER. Without have seen is that there are about and consider the amendment of the objection, it is so ordered. 135,000 people in our country each year Senator from New Mexico and then see The amendment is as follows: doing that kind of temporary seasonal if we cannot continue to consider the (Purpose: To reduce to 200,000 the number of work. follow-on amendments. The Senator certain nonimmigrants permitted to be ad- This bill, this Kennedy-Kyl sub- from South Carolina has an amend- mitted during a fiscal year) stitute, would change that 66,000 to ment as well. We will be looking for- Strike subparagraph (B) of the quoted mat- 100,000. It would contain an increase ward to having debate on his amend- ter under section 409(1)(B) and insert the fol- mechanism similar to what is in this ment. lowing: new guest worker program, and so the Mr. President, I suggest the absence ‘‘(B) under section 101(a)(15)(Y)(i), may not 100,000 would eventually go to 200,000 of a quorum. exceed 200,000 for each fiscal year; or after a few years. As I understand it The PRESIDING OFFICER (Mr. In paragraph (2) of the quoted matter now, there is also written into the law, under section 409(2), strike ‘‘, (B)(ii),’’. CASEY). The clerk will call the roll. written into the substitute, a provision The legislative clerk proceeded to Mr. BINGAMAN. Mr. President, this that says the 200,000 number for the call the roll. is an amendment to reduce the number seasonal guest workers does not in- Mr. KENNEDY. Mr. President, I ask of visas issued each year under the new clude people who have been here under unanimous consent that the order for guest worker program that is in this that same program working in any 1 of the quorum call be rescinded. bill—reduce it to 200,000. This is 200,000 the previous 3 years. Obviously, you The PRESIDING OFFICER. Without new visas each year which would be have the potential for a great many objection, it is so ordered. permitted if my amendment were to be more than 200,000 to come in as sea- The Senator from Massachusetts. adopted. sonal temporary workers under that IRAQI TRANSLATORS The amendment I am offering is co- provision. Mr. KENNEDY. Mr. President, I wish sponsored by Senators FEINSTEIN, Another separate provision of this to take a moment to congratulate the OBAMA, DODD, and DURBIN. It is essen- substitute bill which allows for tem- House for moving on the issue of Iraqi tially the same amendment I offered porary workers to come in is the agri- translators. I am talking about trans- when we had the debate on the immi- cultural workers program. I point out lators who have worked for the Amer- gration bill last year when we were for- to my colleagues, that is without limit. ican Armed Forces in Iraq. They have tunate to have the support of 79 Sen- There is no cap on that. There is a tre- to follow a very detailed procedure, and ators for the amendment. mendous opportunity for people to then they get certified. Most of them Let me talk a little bit about the come into this country and work in ag- have to work on it for more than a context of this before getting into the riculture. We do not have numerical year. detail of the amendment. The Kyl-Ken- limits on that, so, to anyone who says These people have been particularly nedy or Kennedy-Kyl substitute we are not going to be allowing people targeted by the terrorists. Their names amendment allocates 400,000 new guest to come into the country to do the are printed in mosques and other worker visas per year, and it has in it work Americans don’t want to do, the places of worship, and if they are also an increase mechanism that al- truth is, if they want to do work that found, they are executed. We have a lows the annual allocation to go from is related to agriculture, we can bring limitation, I believe, of 50, and we have 400,000 up to 600,000 per year. After a them in, in whatever numbers, without taken in 18. Many of these individuals few years, presumably, we would be at any limits being imposed by this law. have risked their lives for American a level of 600,000 per year from then on. The third opportunity to come in as service men and women and this legis- Workers are allowed to stay for a total a so-called temporary worker is this lation will be a very small downpay- of 6 years under this program. They new guest worker program. This is a ment in terms of their safety and their would work for 2 years—and Senator little bit of a misnomer, when we talk security. It is important, and I am DORGAN described this very accurately about temporary worker, because these hopeful we will be able to address this as part of the debate on his amendment are permanent jobs that we are bring- issue. yesterday—and they would be allowed ing people in to fill. People need to un- I suggest the absence of a quorum. to work for 6 years; that is, they work derstand that. These are not temporary The PRESIDING OFFICER. The for 2 years, leave the country for 1 jobs, these are permanent jobs. We are clerk will call the roll. year, work for an additional 2 years, bringing people in for a temporary pe- The legislative clerk proceeded to leave the country for another year, and riod, or a designated period of 2 years, call the roll. work for an additional 2 years, then three different times, to do the work.

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6507 But these are not temporary jobs in crease of 15 percent. So you bring in an that there are going to be 200,000 people the same sense that a seasonal job is a additional 15 percent at that point, working here each year, there are temporary job—that you have it for a which is 60,000, so you are at 460,000. going to be 1.2 million people working few months and then the ski resort You start the next year at 460,000, but here each year. Again, the assumption closes and you no longer have a job. you add another 15 percent to that im- is there will only be 1.2 million, assum- That is not the kind of jobs we are mediately, and if there is another de- ing everyone goes home when their talking about. mand, using up all of those, you can go visa says they ought to go home, which As I see it, there are several funda- up another 15 percent. I think is a fairly questionable assump- mental problems with this guest work- In any event, it rachets up pretty tion. er program as it is currently con- rapidly. It says if the 400,000 is not used That is what the amendment does. I structed. The most significant problem up until the second half of the year, think it is a far better way for us to is the bill anticipates letting way too then there is only a 10-percent increase proceed than what the underlying bill many people come into this country in each year from then on. calls for. I know there are some who a new, untested program. This is a new What we have done on this chart— are coming forward and arguing that program. There is nothing in the cur- and I think people need to try to un- this is terrible, that we are not going rent law that is comparable to this new derstand this—is we have tried to show to have enough people to keep the guest worker program that we are with this graph how many so-called economy running, that there are going talking about. The amendment I and guest workers under this program—not to be all kinds of jobs going unfilled. I my cosponsors are offering tries to re- under the other two, not under the ag point out again that there are other strict the size of the program until we workers program, not under the sea- ways people can come to our country find out how it is working, until we fig- sonal workers program but under this and obtain employment. They can do ure out whether this makes sense. program—how many people we would so under the seasonal workers pro- Let’s not build into the law automatic actually have in the country as the bill gram, which is being increased very increases in a program we have never is currently written. You would have substantially under the bill. They can tested before. Let’s not start this pro- 400,000 the first year; the second year do so under the ag workers program, gram at 400,000 and have it escalate up you would have 840,000 because you which has no limits on it at all. Of to 600,000. The amendment I am offer- would have the first 400,000, plus the course, there are other ways that peo- ing is trying to bring down the size of second 400,000, plus the increase, 10 per- ple can immigrate into our country the program. cent. You would have 924,000 the third that are provided for in the legislation Another problem with the program is year, you would have 1.4 million the as well. the structure, and I described that. fourth year, you would have 1,958,000 This is an amendment that I think This idea we are going to bring people the fifth year, and this keeps going up makes all the sense in the world. I was in for 2 years, kick them out for 1 year, so, by the eighth year, you would have very pleased we had such strong sup- bring them in for 2 years, kick them 3,158,000 people in the country legally port for it when we offered it in the out for 1 year, is not good for the em- working under this program. previous debate that we had on immi- ployee, obviously. That is not good for There is a very important assump- gration last year. I hope we can adopt the employer, obviously. It is not a re- tion built into this chart. The assump- it again this year. By doing so, I think alistic expectation. I think anyone tion is that everybody who comes in we begin to bring a little more judi- would have to recognize that is not a under this program goes home when ciousness to this process if we are good structure. their visa says they ought to go home; going to start a brandnew program. Let me also point out there is provi- The third problem I have with the nobody overstays his or her visa. If, in sion in this legislation for a commis- bill is there is no real avenue for any of fact, that assumption is false and peo- sion to be established to review how these individuals we are talking about ple get to the end of their 6 years and this new program is working and to to ever gain legal status, so we are cre- say: Wait a minute, I am not ready to make recommendations back to the ating a group of workers who have leave the United States, I am staying, Congress. I think that is entirely ap- come to this country and worked for 2 and they stay here on an undocu- propriate. To me, that is another rea- years or 4 years or 6 years, to whom mented basis at that point and over- son why we should not be building in then we are saying: Your time is up, go stay their visa, then they go on top of automatic escalators in the size of this home. There is a tremendous likeli- these numbers. program. We should not be starting So you have a tremendous number of hood that we are going to have a lot of with a program that is so large as new people. This is a brandnew pro- people staying over and overstaying 400,000 and going up to 600,000. We gram. We have never had this program their visas. I think that is unfortunate. should start at 200,000 and keep it right That is a change from the previous before. I think that is too large. there until we get those recommenda- legislation. We passed that bill Senator Let me show what the amendment I tions and find out what we think at KENNEDY brought to the Senate floor am offering does. I did not support Sen- that point about whether to increase last year and I supported it. There was ator DORGAN’s proposal to eliminate the size of the program or terminate the guest worker program entirely. I a much more realistic opportunity for the program or whatever steps we think there is a legitimate argument people who came in under the guest might take at that point. worker program to pursue legal status that some number of guest workers is That is the basic gist of my argu- at some time, so the incentive to essen- appropriate to bring into the country ment. I hope colleagues will support tially go underground to try to avoid to do some of the work. But as I say, the amendment. I think it is a meri- deportation was not the same in that this is a brandnew program and we torious amendment. I think it will im- bill. ought to do this in a judicious way and prove the legislation substantially. I think the most significant thing we feel our way along. In this proposal I yield the floor. can do at this point to try to correct that I have put forward, it says let’s The PRESIDING OFFICER. The Sen- the most significant problem with this bring in 200,000 the first year and ator from Massachusetts is recognized. guest worker program is to reduce the 200,000 each year after that and see how Mr. KENNEDY. Mr. President, I com- number. Let me show a couple of this goes. We can make judgments and mend my friend from New Mexico for charts, for my colleagues to under- we can alter this in future years. Con- his thoughtful presentation on this stand what we are talking about. gress meets every year, so we can alter issue. As he mentioned, he offered this The current bill calls for 400,000. The this if we decide that is not the appro- amendment last year and it passed first year this law is in effect, 400,000 priate number. But let’s start with a overwhelmingly. I expect there will be are permitted to come in under this number that we think makes sense. a similar result today. guest worker program. Then there is a Even at that very substantial reduc- I appreciated the fact in our earlier complicated process if that total is tion, we would wind up in the eighth debate he understood we need this tem- reached. If there is a demand to bring year with 1.2 million people in the porary worker program. All of us want in 400,000 during the first half of the country under this program, legally to have a strong border, but we do un- year, then there is an automatic in- working as guest workers. It is not derstand there will be pressure on the

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6508 CONGRESSIONAL RECORD — SENATE May 23, 2007 border, and we will either have a front I thank him also for coming over As part of the comprehensive system, door or a back door, the back door here and offering this amendment. I we are structuring border security as being for those who are going to try to think the time has been set for voting outlined by the Secretary of Homeland penetrate that border, or the front door at 2 o’clock. Security, Michael Chertoff. The entire so they can come in and have a tem- Mr. President, I yield the floor. border would be covered either by porary worker program. The PRESIDING OFFICER (Mr. fences, by obstacles, or by drones. So The real issue is the size of this pro- MENENDEZ.) The senior Senator from the entire border would be covered, gram. The Senator has mentioned the Pennsylvania. fences covering the populated areas. other provisions that are included in Mr. SPECTER. Mr. President, it is It is not possible to structure border the legislation. We have the long- obviously hard to calculate what is the security so that no one slips through, standing temporary worker, the H–2B, precise figure among the Senators who but by moving toward employer which is about 100,000 workers. Those crafted the so-called ‘‘grand com- verification, we will be eliminating the are the seasonal workers, for the most promise.’’ We thought the figure we magnet. Until we have a system to part, who work in many of the resorts had here was correct. We are aware positively identify who is legal and during the summer or wintertime and that the Senator from New Mexico of- who is illegal, you cannot impose are truly temporary workers. They are fered an amendment last year and was tough sanctions on the employers. But entitled to bring their families. They successful in reducing the amount to now that we have that system, those do not. That program has been very 200,000. But I think either figure would tough sanctions can be imposed, and modestly expanded over this program. be understandable. But I will stand by that has the objective, a realistic ob- You have the H–1B, which is sort of what we have worked out in the bill. jective, of eliminating the magnet. high tech, which is 150,000—it will go In arriving at the compromise legis- There is great distrust, and under- up to 180,000; and the ag jobs, which is lation which has been proposed, there standably so, as to whether the en- 40,000 to 60,000. was a great deal of give-and-take. forcement procedures will occur. Bear The reason the 400,000 was reached is While we are facing a tremendous num- in mind that there are preconditions to that is the general estimate, although ber of objections from both sides of the having the guest worker program or there are some a good deal higher, of political spectrum, for every point the processing of the 12 million un- individuals who penetrate now. I think someone does not like, there were con- documented immigrants. it is safe to say it is probably closer to cessions made by others for some I think it is fair criticism that since 500,000 undocumented who come across points the person does like. There is no the 1986 legislation, no administration, the border and are able to gain employ- doubt that we are facing very substan- Democratic or Republican, has en- ment here. So the 400,000 represented tial criticism in the initial stages of forced the law. There are ideas which an evaluation, an estimate from results the consideration of this bill. The criti- are now being formulated to move to a of hearings. That is how we built that cism came before the bill was even very prompt appropriation imme- in. Then, in the legislation, there is the printed. The criticism has continued diately after the bill is passed—if and possibility it can either go up or go after it was printed, before people had when it is passed—so that we have a down. The Council of Economic Advis- a chance to read it. There is a great structure here. ers thinks we need probably close to a deal of analysis and consideration Senators LOTT’s first question is: Do million new jobs every year. being undertaken at the present time. we have a problem? Yes. Is this bill an I think what we, in our consider- I think Senator LOTT has expressed improvement? Yes. Again, categori- ations, were thinking about estab- the issue very succinctly; that is, do we cally. Will there be a better chance at lishing is some panel that would be have a problem? The answer to that is, a better time to improve the system? made up of workers as well as members categorically, yes, we have an enor- Categorically, no. If we do not get it of the business community and people mous problem. We have a border which done at this setting, as we are moving who could help give an assessment, and is porous. We have anarchy in the way ahead, hopefully shortly after the Me- make a recommendation of what that the immigration system works at the morial Day recess, then we are off into number would be. present time. People are complaining the appropriations process, and next I think that is probably the best way that it is amnesty. In my legal judg- year is an election year. So that if not to go in the future. But that is not ment, it is not. It is not amnesty be- now, if not never, certainly not soon. where we are today. Where we are cause people have to pay a fine, people When we come to the Bingaman today in the bill is 400,000 and the pos- have to have a job, people have to con- amendment, as I say, my preference is sibility of an escalator to go up or an tribute to our society, people have to to stick with the bill. A certain under- escalator to go down. pay their taxes, people have to learn standing has been reached among those The Senator says: Let’s start off in English, people go to the very end of who were parties to the negotiations of this area, we are not sure how this pro- the line, are not even considered until the structuring of the bill to stand to- gram is going to work. Let’s start off they have been here 8 years, and it may gether on it. If the Bingaman amend- with just 200,000, watch it very care- take as long as 13 years. That is not ment is adopted, then it is my hope we fully, find out if the kind of mix we amnesty. will retain the adjustment features so have with this and with the point sys- But the fact is that these 12 million that if we find that more or fewer guest tem we have been able to develop is undocumented immigrants are going to workers are necessary for our econ- going to function and work, whether be here whether we pass this bill or omy, realizing they perform a very after 2 years people will really go back not. The only difference will be wheth- vital function in so much of our econ- or they will not go back. er they will be here in a way where we omy, in the restaurants and the hotels, I think he makes a strong case. I did regulate their presence here. If we have on the farms, landscaping, so many fac- not support this last year. I feel sort of a registration system, we will have an ets—talked about that yesterday with compelled—under the agreements we opportunity to identify people who the hearings which we held in the Judi- have made earlier in terms of the total- ought to be deported. It is not practical ciary Committee last year, cited the ity, I feel the same restraint this time. to deport 12 million people. But when economists who testified about the im- But I commend him for the thoughtful we cull through the list, we may find portance of immigrants in our eco- presentation. It was thoughtful last those who should be deported, if in a nomic structure—I hope we will at year, and it is thoughtful this year. He practical sense they can be deported. least retain the so-called adjustor fac- makes his points very effectively. It To deport someone, you have to take tors so we can make adjustments ought to be considered by the Mem- them into custody. Then you have to should that become necessary. bers. I do not, as I mentioned, tend to have detention facilities, and then you I yield the floor. support it, but I certainly would ask have to have judicial proceedings. It is The PRESIDING OFFICER. The Sen- our colleagues to look at it very close- a total impossibility to think of de- ator from Rhode Island is recognized. ly because it is a thoughtful presen- porting 12 million undocumented im- Mr. WHITEHOUSE. Mr. President, tation. He raises some very important migrants, but at least we would move first of all, let me take a moment to and worthwhile points. toward regulation. acknowledge the senior Senator from

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6509 Pennsylvania, the Senator from Ari- racy—in other circumstances, the mitigate either of these desires, that zona, the Senator from Massachusetts, great writ of habeas corpus; here, the we can do both of them. But it is dif- Mr. KENNEDY, for their leadership and core principle of separation of powers ficult and the details matter. Herculean efforts on this legislation. In and judicial review. We should not America is a nation of both justice the spirit of praise I heard just a mo- trample lightly on our founding prin- and compassion. The two are not mutu- ment ago from the Senator from New ciples. ally exclusive. But reconciling the two Mexico on bringing judiciousness to I have said over and over that the is sometimes difficult, as we find in this process, I rise in opposition to cornerstone of any comprehensive im- this debate. amendment No. 1166 offered by the very migration package must be strength- Currently, we have, we think, some- distinguished Senator from Iowa, Mr. ened security at our borders, enhanced where around 12 million illegal immi- GRASSLEY. The amendment would workplace enforcement, and a sensible, grants in our country. The number is eliminate judicial review of removal practical solution for the 12 million growing. In 1987, there were roughly 4 proceedings where revocation of a visa people already living illegally in this million undocumented immigrants in is the sole ground for removal. That country. But strong security means our country; in 1997, there were rough- may sound technical and complex, but smart security, and smart security ly 7 million; and today, in 2007, there the amendment is actually quite sim- must include respect for the adminis- are somewhere around 12 million. In ple in the way it works. It means that tration of justice, including our great addition, according to the Pew His- if the State Department should wrong- American system of checks and bal- panic Center, annual arrivals of illegal ly decide to revoke a visa, whether ances, and a realization that some- immigrants have exceeded the arrival through bureaucratic error or misjudg- times the Government gets it wrong. of legal immigrants since 1985. That is ment, and then the Department of This amendment, by further limiting not the trend we want. Homeland Security tries to remove you the authority of Federal courts to hear The reality is our immigration sys- from the United States, you have no removal cases, goes too far. I ask my tem is seriously broken and needs to be opportunity to have your case heard in colleagues to oppose it. fixed. Some people think the solution Federal court; the case ends at the I yield the floor and suggest the ab- is to grant undocumented immigrants Board of Immigration Appeals. sence of a quorum. amnesty as we did in 1986, but that It means a dissident lawfully admit- The PRESIDING OFFICER. The won’t work. Others think the solution ted to the United States on a visitors clerk will call the roll. to the problem is to simply enforce the visa could find himself giving a speech The assistant legislative clerk pro- laws we have and kick everyone out. one day and then the very next day ceeded to call the roll. We have taken a serious look at this learn the Department of State revoked Mr. NELSON of Florida. Mr. Presi- option, and although our enforcement his visa based on false information pro- dent, I ask unanimous consent that the efforts over the last year have dramati- vided by his home country. The disorder for the quorum call be rescinded. cally increased, I do not believe this sident may even risk punishment upon The PRESIDING OFFICER. Without answer alone will work either. return to his home country. But there objection, it is so ordered. The office responsible for detaining will be no means to fight his removal Mr. NELSON of Florida. Mr. Presi- and removing illegal immigrants is the in Federal court. The amendment dent, I ask unanimous consent to speak Office of Detention and Removal, DRO. means that when DHS invokes the ideas in morning business. It is a division of U.S. Immigration and ological exclusion provision which al- The PRESIDING OFFICER. Without Customs Enforcement, the largest in- lows the Government to exclude any- objection, it is so ordered. vestigative agency in the Department one from the country who endorses or The Senator from Florida is recog- of Homeland Security. You may be sur- espouses terrorism or persuades others nized. prised to know that the DRO is actu- to support terrorism, there is no judi- (The remarks of Mr. NELSON of Flor- ally quite large, despite the relatively cial check to make sure that is, in fact, ida are printed in today’s RECORD small impact they are able to have. what is going on, and that great power under ‘‘Morning Business.’’) DRO includes 6,700 authorized employ- is not being abused. Mr. NELSON of Florida. Mr. Presi- ees, including nearly 5,300 law enforce- As U.S. district judge Paul Crotty dent, I yield the floor and suggest the ment officers and 1,400 support per- wrote in an opinion last year, rejecting absence of a quorum. sonnel. To put this in perspective, the the Government’s efforts to exclude a The PRESIDING OFFICER. The number of DRO law enforcement offi- Swiss citizen who had a visa to teach clerk will call the roll. cers is just under half as large as the religion, conflict, and peace-building at The bill clerk proceeded to call the number of FBI special agents. With Notre Dame University. roll. these resources in 2006, ICE, Immigra- While the Executive may exclude an alien Mr. BROWNBACK. Mr. President, I tion and Customs Enforcement, re- for almost any reason, it cannot do so solely ask unanimous consent that the order moved 187,513 illegal aliens from the because the Executive disagrees with the content of the alien’s speech and therefore for the quorum call be rescinded. country—a record for the agency and a wants to prevent the alien from sharing this The PRESIDING OFFICER. Without 10-percent increase over the number of speech with a willing American audience. objection, it is so ordered. removals during the prior fiscal year. If That is exactly the kind of case Mr. BROWNBACK. Mr. President, I you do the math, though, that works which would be barred by the amend- rise to speak on the immigration bill, out to roughly 28 illegal aliens de- ment we are debating. What is the the underlying amendment. ported per DRO employee per year or 35 basis for this change? How can it be I am delighted we are taking up this deportations per law enforcement offi- that review by a Federal court under issue dealing with immigration. I am cer per year. At that pace, if we shut these circumstances is such a serious glad we are debating this important down the border to a point at which no burden to the Government that it must issue in the Senate and that the major- one crosses illegally, and successfully be eliminated? Are the courts clogged ity leader has dedicated 2 weeks to do end 100 percent of the visa overstays with these cases? Is it too much to re- this bill. I think we need at least that and double the number of DRO agents, quire DHS to submit to a modicum of period of time to delve into this issue. then it will take us 25 to 30 years to de- checks and balances before it exerts its I have worked on it before. I have port the estimated 11 million to 13 mil- power to expel someone under these served on the Judiciary Committee. It lion illegal aliens who are currently in circumstances? Judicial review of visa is a tough topic, and it needs a lot of the United States. revocation is already severely lim- debate. As a matter of national security, we ited—so severely limited, in fact, that Immigration is an issue which has can’t afford to wait 30 years to know the subject of this amendment is the seized Americans across the Nation. who is in our country illegally. For the only area remaining in which some- People are torn trying to balance two sake of our national security and our body can still seek judicial review of a fundamental American principles: one, Nation’s future, we need to solve the removal order. of being a rule of law nation; and, sec- immigration problems facing our Na- Too often, we are obliged to defend ond, trying to be a compassionate soci- tion now. The comprehensive bill be- basic principles of American democ- ety. Here I think we do not need to fore the Senate goes a long way toward

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6510 CONGRESSIONAL RECORD — SENATE May 23, 2007 enabling us to fix our immigration sys- our ability to enforce immigration in a county that has 7 percent unem- tem and the problem of illegal immi- laws at the workplace: increasing pen- ployment or higher. gration. I might point out that people alties on employers who knowingly I think there are some important are not opposed to immigration, they hire illegal immigrants; requiring DHS changes that need to be made in the are opposed to illegal immigration, and to issue a tamper-resistant work au- bill. As I have said, the compromise we need to get the legal system to thorization document with biometric bill before us does a lot of good, but I work and fix the problems in it. I be- information; allowing the Commis- think it is far from perfect and needs lieve we need a multifaceted approach sioner of Social Security to share in- improvement. to the complex immigration problem formation with DHS so they can go To give some examples, section 601(h) we are facing, and the compromise bill after those who use fraudulent Social of the bill gives certain immigration before the Senate now will enable us to Security cards to gain employment; benefits to undocumented immigrants take significant strides toward fixing creating an employment eligibility and who seek ‘‘probationary’’ status, and the problem. verification system that requires em- states that an undocumented immi- That said, there are certain aspects ployers to electronically verify a pro- grant can obtain no probationary bene- of the bill I wish to change. I look for- spective employee’s work authoriza- fits until the alien has passed all ap- ward to the opportunity to do so tion. propriate background checks, or until through the amendment process and to The robust worksite enforcement the next business day, whichever is see whether I can support the final system included in this bill fixes a sooner. So you have a 24-hour check pe- product. huge hole in our current system and riod. That is insufficient, if they want With respect to solving the immigra- should curtail the use of false docu- to look into the background of an indi- tion problem, we must first and fore- ments to fraudulently obtain employ- vidual seeking this probationary sta- most secure the border, and this bill ment. tus. I will seek to change that par- appears to do that. Section 1 of the bill Now let’s look at the immigration ticular provision. The impact of this ensures that we don’t repeat one of the system reforms. The most significant provision is that 12 million or more un- biggest mistakes of the 1986 amnesty of immigration reform this bill makes is documented immigrants could receive implementing immigration reforms the implementation of a merit-based lawful status, the right to work, and without increasing border and worksite immigration system—and this is a big other such benefits even if a back- enforcement. The triggers in section 1 shift—to choose the best and the ground check cannot be completed in require the DHS Secretary to certify in brightest of those coming into our time. writing the following border and work- country. This doesn’t mean we should I think the problems with this provi- site enforcement measures are funded, only allow rocket scientists or brain sion are significant and obvious. First, in place, and in operation before—be- surgeons, but education is and should in a post-9/11 world, it is misguided at fore—initiating a guest worker pro- be a factor. The merit-based system best and dangerous at worst to grant gram or issuing Z visas to current un- under the bill does that. It sets up a millions of people unlawfully present documented immigrants. These are the system in which immigrants can earn in the United States lawful status, triggers: 18,000 Border Patrol hired; points in four categories: education, even if a background check has not construction of 200 miles of vehicle employment, English proficiency, and been completed. That is not wise. Sec- barriers and 370 miles of fencing; 70 family. ond, there is no evidence that the De- ground-based radar and camera towers In addition to the merit-based sys- partment of Homeland Security is ca- along the southern border; the deploy- tem, this bill ends chain migration for pable of conducting cross-departmental ment of 4 unmanned aerial vehicles and extended family, while preserving fam- and cross-governmental background supporting systems; ending catch and ily unification for the immediate fam- checks, let alone a million of them, or release; resources to detain up to 27,500 ily. I think that is an important dis- millions of them, in a 24-hour time pe- aliens per day on an annual basis; the tinction, that we want family reunifi- riod. Third, many records relevant to a use of secure and effective identifica- cation for immediate, nuclear family, background check are not electronic tion tools to prevent unauthorized but we don’t want the chain migration and/or are not in possession of or other- work; and the receiving, processing, system for extended family members. wise accessible to the Federal Govern- and adjudication of applications for Z This is an important change. ment, suggesting that more than one status. I am one of the staunchest supporters business day may be required for a I go through the details because the of family in the Senate. I don’t think thorough check, and a thorough check details really matter in this bill. our immigration system should blindly we must do. This is an important issue In addition, the bill authorizes en- favor, though, non-nuclear families with potentially grave consequences hanced border enforcement, including a such as siblings and adult children over for our national security. national strategy for border security, skilled workers who are coming to I have filed an amendment to change 14,000 new Border Patrol agents by 2012, apply their trade and contribute to our this provision so no one would receive doubling the current force; 2,500 new economy. It seems to me this is an ap- any immigration benefits without pass- Customs and Border Protection officers propriate balance. Throughout this ing a background check. I would urge by 2012; 3,000 new DHS investigators by bill, what we are trying to accomplish my colleagues to support this amend- 2010; 24,000 new detention beds by 2010; is an appropriate, workable balance for ment. enhanced surveillance, using unmanned the good and the future of this Nation. In addition, I think the bill should aerial vehicles, as I mentioned; cam- On the temporary guest worker pro- require followup background checks eras, sensors, satellites, and other gram, once we are able to secure the when Z visa holders apply to extend technologies. border and implement worksite en- their visa beyond the initial 4 years. As That is not enough for just taking forcement enhancements, we need to the bill is drafted, it leaves that deci- care of the border. We also have to go reform our immigration system to cre- sion to perform a background check up to the workplace. Most people are at- ate sufficient legal means for well- to the Secretary of Homeland Security. tempting to enter the United States il- meaning workers to come to our coun- I think we need to be able to have re- legally to work. I think we have to try and to work. The temporary guest moval proceedings for ineligible Z visa focus on what we do at the workplace. worker program in this bill does that, applicants. Section 601(d) of the bill I think we need to implement a smart while at the same time protecting lays out certain grounds of ineligibility worksite enforcement system, smart American workers and wages by: re- for a Z visa, which include multiple and tough. The primary reason for ille- quiring employers to advertise jobs to criminal convictions, controlled sub- gal immigration, as I stated, is employ- U.S. workers first; requiring employers stance trafficking, trafficking in per- ment. If we eliminate a person’s ability to advertise pay, a wage equal to that sons, and even terrorist activity. to unlawfully gain employment, then of an average wage for the particular The very same section also states: we will dramatically reduce the incen- job or industry, particular in that re- Nothing in this paragraph shall require the tive for illegal immigration. This bill gion of the country; and prohibiting a Secretary to commence removal proceedings includes several measures that enhance temporary guest worker from working against an alien.

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6511 The obvious question is: Why not? I believe that attitude must guide our are other parts of the compromise deal Why should DHS not be required to im- discourse. We can and should be able to before us that cause me serious con- mediately begin removal proceedings fix our broken immigration system and cern. Let me briefly address some of against someone who is ineligible for a do so in a way that is reflective of those concerns. Z visa because they are a criminal or a American values and ideals and the In order to stem the demand for ille- terrorist? I think DHS should be re- tradition we have of accepting immi- gal workers, we need a mandatory em- quired to begin removal proceedings or grants to our shores. ployment verification system that is at the very least take steps toward re- I think the bill that has come to the actually mandatory. It needs to allow moving such people from the country. floor is a fine first step, but I strongly employers to check with the Depart- The two main reasons for providing believe it requires some changes. I am ment of Homeland Security to see that undocumented immigrants the ability working with others to improve it. their employees are legally eligible to to obtain a Z visa are to separate those In approaching immigration reform, I work in the United States. This is who are here with good intentions to believe that we must enact tough, something I worked on last year. But work and support their families from practical reforms that ensure and pro- this year’s version of the employment those who intend to do us harm; and mote the legal and orderly entry of im- eligibility verification system would second, to create a system where peo- migrants into our country. Just as im- give DHS too much power to force the ple have a legal status. In order to suc- portant, we must respect the humanity screening of everyone working in cessfully do this, this provision needs of the carpenters and bricklayers who America without appropriate safe- to be changed so when an individual is help build America; the humanity of guards. I will be working with others found to be ineligible to remain in the garment workers and farmworkers who to offer an amendment to make this country legally under this program, come to America to join their families; provision closer to what we proposed they are removed. the humanity of the students like my last year. In conclusion, I look forward to con- father who come to America in search As for the guestworker program in tinuing this debate on this bill on these of the dream. We are a Nation of immi- the bill, it proposes to create a new issues I have identified and others to grants, and we must respect that 400,000 person annual temporary work- strengthen this bill. As many Members shared history as this debate moves er program that could grow to 600,000 have said, this bill is not perfect and forward. without Congressional approval. And it can certainly be improved in ways I To fix the system in a way that does expands the existing seasonal have noted and in others. But we can’t not require us to revisit the same prob- guestworker programs from 66,000 up to use the bill’s imperfections as an ex- lem in twenty years, I continue to be- 100,000 in the first year and 200,000 after cuse for doing nothing for a system lieve that we need stronger enforce- that. At the end of their temporary that is clearly broken. ment on the border and at the work- status, almost all of these workers I look forward to offering these place. And that means a workable man- would have to go home. That means at amendments to improve the bill, and I datory system that employers must the end of the first three years, we would have at least 1.2 million of these look forward to hearing some of the use to verify the legality of their work- new guestworkers in the country with ideas my colleagues in the Senate have ers. as well. At the end of the day, I hope But for reform to work, we also must only 30,000 of those having any real we can pass a bill the President can respond to what pulls people to Amer- hope of getting to stay. I believe we are sign, so we can say we did something to ica and what pushes them out of their setting ourselves up for failure, and improve America by enacting immigra- home countries. Where we can reunite that will just create a new undocumented immigrant population. tion legislation that secures our bor- families, we should. Where we can As we have learned with misguided ders, restores respect for our laws, and bring in more foreign-born workers immigration policies in the past, it is creates an immigration system that with the skills our economy needs, we works. naive to think that people who do not should. And these goals are not mutu- Mr. President, I yield the floor. have a way to stay legally will just Mr. OBAMA. Mr. President, I ask ally exclusive. We should not say that abide by the system and leave. They unanimous consent that at 2:20 p.m. Spanish speaking or working class im- won’t. This new group of second-class today, there be 4 minutes of debate migrants are only good enough to be workers will replace the current group prior to a vote in relation to the Binga- temporary workers and cannot earn of undocumented immigrants, placing man amendment No. 1169, with the the right to be part of the American downward pressure on American wages time divided as follows: 2 minutes family. and working conditions. And when With regard to the most pressing under the control of Senator BINGA- their time is up, they will go into the part of the immigration challenge—the MAN, and 1 minute each under the con- shadows where our current system ex- 12 million undocumented immigrants trol of Senators KENNEDY and SPECTER ploits the undocumented today. or their designees; that without further living in the U.S.—we must create an I will support amendments aimed at intervening action or debate, the Sen- earned path to citizenship. Now, no one fixing the temporary worker program ate proceed to vote in relation to the condones unauthorized entry into the that Senator BINGAMAN and others will amendment, with no second-degree United States. And by supporting an be offering. And if we’re going to have amendment in order prior to the vote. earned path to citizenship, I am not a new temporary worker program, The PRESIDING OFFICER. Is there saying that illegal entry should go those workers should have an oppor- objection? unpunished. The path to permanent tunity to stay if they prove themselves Without objection, it is so ordered. residence and eventual citizenship capable and willing to participate in Mr. OBAMA. Mr. President, I wish must be tough enough to make it clear this country. also to speak to the bill. that unauthorized entry was wrong. But the most disturbing aspect of The PRESIDING OFFICER. The Sen- But these immigrants are our neigh- this bill is the point system for future ator from Illinois is recognized. bors. They go to our churches, and immigrants. As currently drafted, it Mr. OBAMA. Mr. President, last their kids go to our schools. They pro- does not reflect how much Americans year, I spoke at one of the marches in vide the hard labor that supports many value the family ties that bind people Chicago for comprehensive immigra- of the industries in our country. We to their brothers and sisters or to their tion reform. I looked out across the should bring them out of hiding, make parents. faces in the crowd. I saw mothers and them pay the appropriate fines for As I understand it, a similar point fathers, citizens and noncitizens, peo- their mistakes, and then help them be- system is used in Australia and Canada ple of Polish and Mexican descent, come tax paying, law-abiding, produc- and is intended to attract immigrants working Americans, and children. tive members of society. who can help produce more goods. But What I know is these are people we I am heartened by the agreement we need to consider more than econom- should embrace, not fear. We can and that we have to put all 12 million un- ics; we also need to consider our Na- should be able to see ourselves in them. documented immigrants on a path to tion’s unique history and values and I do not say that to diminish the earned citizenship. I applaud those who what family-based preferences are de- complexity of the task. I say it because worked on this compromise. But there signed to accomplish. As currently

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6512 CONGRESSIONAL RECORD — SENATE May 23, 2007 structured, the points system gives no program, got accepted as the number ugee who has studied immigration preference to an immigrant with a that we would have in the temporary more deeply than anyone in the coun- brother or sister or even a parent who worker program. The temporary work- try, I would suspect, has written one of is a United States citizen unless the er program is a new way of doing busi- the more preeminent books, ‘‘Heaven’s immigrant meets some minimum and ness that I think has great potential, Door,’’ that deals statistically and arbitrary threshold on education and although I am concerned about how it quite methodically with immigration skills. can be effectuated in its details. The and its consequences and how it works That’s wrong and fails to recognize temporary worker program is now in out. the fundamental morality of uniting addition to the permanent citizenship It is calculated that the low-income Americans with their family members. track that we have in our country—the workers in America have received an 8- It also places a person’s job skills over track where you get a green card and percent reduction in their wages as a his character and work ethic. How then move on to citizenship. result of a large amount of immigra- many of our forefathers would have So the temporary worker program is tion. So there is no doubt that more measured up under this point system? designed to create an opportunity for and more immigration has an increas- How many would have been turned people who want to come into America ingly adverse impact on the wages of back at Ellis Island? and work for a period of time but who hard-working American citizens. I I have cosponsored an amendment do not desire or may not be accepted don’t think anybody can dispute that. with Senator MENENDEZ to remove that on the citizenship track. It makes Where did this come from—the 400,000— arbitrary minimum threshold of points some sense to me. We have had a por- really 800,000—really almost 900,000? before family starts to count and to tion of our State damaged in Hurricane Where did that number come from? I bump up the points for family ties. Katrina, and Mississippi and Louisiana don’t know. And at the appropriate time, I will be have been severely damaged; tremen- Professor Borjas, who is a part of the offering another amendment with Sen- dous reconstruction is being done. That Kennedy School at Harvard—perhaps ator MENENDEZ, to sunset the points created a real shortage of labor. Any- Senator KENNEDY needs to meet him system in the bill. The proposed point body can say that area of the country— sometime—Professor Borjas said in his system constitutes, at a minimum, a at least for a certain period of time— opinion, 500,000 immigrants a year is radical experiment in social engineer- needs additional labor, and temporary the right number. I don’t know what ing and a departure from our tradition workers could help fulfill that and the right number is. He is a Cuban im- of having family and employers invite other needs in the country. migrant. He came here as a young man immigrants to come. If we are going to I wish to say that the temporary fleeing the oppression of Castro. That allow this to go forward, then Congress worker program, as I understand it in is what he says. should revisit the point system in five the legislation—remember, it was Where did this number 800,000, almost years to give us time to examine the dropped in Monday night; that is the 900,000 come from? Actually, I think it concept in depth and determine wheth- first time it has been filed as part of kicks in with an accelerator. In the er its intended or unintended con- the legislative process in the Senate, outyears, it goes up even 10 to 15 per- sequences are worth the cost of con- and no hearings have been conducted cent a year. It is complicated to read. tinuing the experiment or whether we on it—the 400,000 would be for 2 years. We just haven’t had much time to fig- should return to the existing system So you would have 400,000 come in year ure it out. that allows immigrants to be sponsored one of the bill’s passage. They would I think the deal is set up, actually. I through family and employers. stay for 2 years. The year after the think the people who wrote the bill In closing, we must construct a final first group gets here, another 400,000 knew we were not going to approve product that has broad bipartisan sup- would come the next year. So it is 400,000 people a year and 800,000 over 2 port and will work. I agree with Sen- 800,000, at a minimum, after the first years—that is in the country at a given ator BROWNBACK that the time to fix year. So that is a lot of people who time, 800,000 to 900,000. I think they our broken immigration system is now. would be coming in on the temporary knew that. Everybody has known all If we do not fix it this year, I fear that worker program. along. Senator BINGAMAN has filed his divisions over the issue will only deep- I am not aware that we have ever amendment to cut that number in half, en and the challenge will grow. done any research or gone out and ac- and then we will go to 200,000 a year, I also believe that we have to get it tually studied how many temporary and everybody can say we did some- right. I think it is critical that as we workers we need. Apparently, the con- thing, we made this bill better, so now embark on this enormous venture to ferees—this group I affectionately call let’s all vote for it. update our immigration system, it is the ‘‘masters of the universe,’’ who met Regardless, if that is what the deal fully reflective of the powerful tradi- and came up with this 400,000 number, was about, I suggest to my colleagues tion of immigration in this country talked to some interest groups out that certainly the Bingaman amend- and fully reflective of our values and here, and they got an idea somewhere ment is a move in the right direction. ideals. about how many it ought to be. I don’t Until we have some very good eco- I yield the floor and I suggest the ab- know how they reached that number. I nomic data that shows this country sence of a quorum. will say this to my colleagues. Earlier needs a lot more than 200,000, we ought The PRESIDING OFFICER. The this year, when this proposal was not to be doing it because, remember, clerk will call the roll. raised about a temporary worker pro- the 12 million people we see out here The legislative clerk proceeded to gram and expressed to me in a way today who are here illegally and those call the roll. that could actually work, I thought it who are here legally are not going to Mr. SESSIONS. Mr. President, I ask was a good idea. That is why I voted— be made to leave America under the unanimous consent that the order for reluctantly—against Senator DORGAN’s amnesty we have here. the quorum call be rescinded. amendment, because I think we need a If someone came in December 31 of The PRESIDING OFFICER. Without temporary worker program. But when I last year, they would be able to stay in objection, it is so ordered. asked how many, a member of the Bush this country. So now we are talking Mr. SESSIONS. Mr. President, I in- administration said 200,000. So now it about, on top of all of that, on top of quire, is the pending business the is 400,000 and over 2 years it becomes, the 1 million people who come into the Bingaman amendment? at a minimum, 800,000, and there are country with green cards that we give The PRESIDING OFFICER. The Sen- accelerators in it that indicate to us— each year, that permanent track, we ator is correct. the way my staff calculated the num- are talking about another track for Mr. SESSIONS. Mr. President, I will bers—and I think we are fairly accu- temporary workers which is in addition speak on that. I support the Bingaman rate—it would be, in 2 years, almost to AgJOBS, the agricultural and sea- amendment. It is sort of instructive in 900,000 temporary workers alone, not sonal workers. So this is a big number. a number of different ways for us in the including their family members. So I This bill could be two times plus the Senate because I don’t know how the am not sure that is correct. Professor current rate of legal immigration into number 400,000, for the first year of the Borjas at Harvard, himself a Cuban ref- America. I don’t think the average

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6513 American would believe, when we are about 500,000 a year. We think it is a everybody that the bill as originally supposed to reform this broken immi- good idea from that standpoint. It is a introduced, the McCain-Kennedy bill, gration system, that we would be cre- legitimate number. It is based on the would allow 78 million to 200 million ating a system that would double the studies of what our needs seem to be. persons into our country in just 20 number of people legally coming into At the end of the day, it is about sup- years when it, at the normal rate, the country because even though we ply and demand. It is about the issue would be less than 20 million. Some ob- certainly hope any legislation that that there is a workforce available to jected to those numbers. The Heritage passes would reduce somewhat the meet the demand for workers, and that Foundation did a similar study about number of illegal entries, we know we is the problem in which we find our- the same time, and their numbers con- will still have illegal entries on top of selves. firmed our numbers. that. But there is another problem, too, At that point, Senator BINGAMAN of- This probably is a very easy vote for and that has to do with the border. fered two amendments and I offered colleagues to vote for the Bingaman Sure, we are going to do all we can to one and it ended up bringing the num- amendment. I don’t see a reason not to lessen the likelihood of illegal border ber down to 53 million over 20 years to do so. I am not aware of any economic crossings. We are going to have more enter legally as opposed to this incred- study or objective analysis that says border agents. We are going to have ible number. With these accelerators we need these kinds of large numbers electronic surveillance. We are going and this large a number, I think we of immigrants. to have all that we can build physically ought to be very cautious. Professor Chiswick at the University and technologically provide, as well as I would also note, again, that the of Illinois in Chicago testified before manpower, to provide for safety at the Bingaman amendment does not reduce the Judiciary Committee, of which I border. the AgJOBS people who would be com- am a member, when we brought up this However, wouldn’t it be a good idea if ing under that track or the seasonal issue last year. He cautioned strongly to assist safety at the border, if to as- worker people who would be coming. that a large flow of low-skilled workers sist and lower the number of illegal en- So a number of areas will not be re- will pull down the wages of American tries in our country, if we duced. I think it clearly is the correct workers. Alan Tonelson, who wrote disincentivized and legalized the way thing to do to adopt the Bingaman about a number of job categories from people come to work in America? At amendment. 2000 to 2005, said wages of workers have the end of the day, that is what our Mr. President, I yield the floor, and I not gone up, that they actually have 400,000 number seeks to do. Reducing it suggest the absence of a quorum. gone down, and in each one of those to 200,000 would diminish the effective- The ACTING PRESIDENT pro tem- areas, more than half the workers were ness of our current approach of having pore. The clerk will call the roll. The legislative clerk proceeded to American citizens. a guest worker force that really is This is a matter we ought to be care- coming here legally. call the roll. Mr. KENNEDY. Mr. President, I ask ful about. I believe 200,000 is more than I hope the Bingaman amendment unanimous consent that the order for adequate based on what I know. And I does not receive the support of the Sen- the quorum call be rescinded. support the Bingaman amendment. ate. I ask my colleagues to stick with The ACTING PRESIDENT pro tem- Mr. President, I yield the floor and the number that is in the bill. pore. Without objection, it is so or- Mr. President, I yield the floor and suggest the absence of a quorum. dered. The PRESIDING OFFICER. The suggest the absence of a quorum. Under the previous order, there will clerk will call the roll. The PRESIDING OFFICER. The now be 4 minutes of debate on amend- The legislative clerk proceeded to clerk will call the roll. ment No. 1169, offered by the Senator call the roll. The legislative clerk proceeded to from New Mexico, Mr. BINGAMAN, with Mr. MARTINEZ. Mr. President, I ask call the roll. 2 minutes under the control of Senator unanimous consent the order for the Mr. SESSIONS. Mr. President, I ask BINGAMAN and 1 minute each under the quorum call be rescinded. unanimous consent that the order for control of Senator KENNEDY and Sen- The PRESIDING OFFICER. Without the quorum call be rescinded. ator SPECTER. objection, it is so ordered. The ACTING PRESIDENT pro tem- Who yields time? Mr. MARTINEZ. Mr. President, I rise pore. Without objection, it is so or- The Senator from New Mexico is rec- to speak in opposition to the Bingaman dered. ognized. amendment. The idea of 400,000 tem- Mr. SESSIONS. Mr. President, I Mr. BINGAMAN. Mr. President, let porary workers per year was not just made remarks earlier about my esti- me speak very briefly, and then I will pulled out of thin air, but it is based on mation of the number of persons who reserve the last minute to try to close the estimates of what is needed on a would be admitted. I would like to be a this debate. yearly basis to meet the needs of our little more precise and explain it this This amendment will reduce the economy. It, in fact, parallels what way. In the first year, under the bill as number of people who can come into takes place each and every year as ap- written, when 400,000 would be allowed the country under this new guest work- proximately that many illegal workers in, 400,000 would come for a 2 year peer program. The underlying bill calls cross our borders. riod. In the second year, we will have a for 400,000, up to 600,000 per year com- Much has been said about whether 15-percent escalator clause. If that is ing in under this new guest worker pro- there is a need for a workforce. I be- met, the next year would be 460,000 new gram. The amendment I am offering lieve there is. In my home State, the workers. So we are talking about at would reduce that to 200,000 per year, people who are more adamant in pur- that point 860,000 workers. Then 20 per- maximum. I think that is plenty. suing a bill on immigration reform are cent of the people who come as tem- This is an unproven, untested, those very employers who cannot seem porary workers are entitled to bring brandnew program. We need to see how to find enough workers to fill their their families. it is working. We need to see the im- needs. They are in the hospitality in- On average—and the numbers, I pact it is having on other wage rates in dustry, the tourism industry, our at- think, are undisputed—when a person the country. tractions, theme parks. They are also is allowed to bring their family, it adds I urge my colleagues to support that in agriculture, as well as home con- 1.2 persons to the number. So I cal- amendment. I will reserve the remain- struction, which is a huge part of Flor- culate in just 2 years, the temporary der of my time in case there is someone ida’s economy. All of those people seem worker program, as written in the bill, speaking against the amendment. Then hard pressed to have enough people will allow for over 1 million persons I will conclude. available to do the work that is wait- into the country. I believe that is an Mr. KENNEDY. Mr. President, first, I ing. honest and fair statement of where the thank my friend from New Mexico for So this is a number that was derived numbers are. his presentation on this issue. He has according to the Pew Hispanic Center I take seriously these numbers be- spoken to those of us who have been in a March 2005 survey of the migrant cause last year my staff worked their working on immigration about his con- population which suggested a group of hearts out and concluded and shocked cerns on the numbers. He made this

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6514 CONGRESSIONAL RECORD — SENATE May 23, 2007 presentation the last time the Senate The ACTING PRESIDENT pro tem- Crapo Hatch Lugar DeMint Hutchison Martinez considered the immigration bill and pore. Without objection, it is so or- Domenici Kennedy Salazar was successful, and I expect he will be dered. Graham Kyl Smith this afternoon. The Senator from Pennsylvania is Gregg Lieberman Specter It was very difficult for us to make recognized. Hagel Lott Warner an exact judgment about the total Mr. SPECTER. May I amend that, NOT VOTING—2 numbers. Those numbers were set at Mr. President, to request a full Johnson McCain about 400,000 because that was a some- minute? The amendment (No. 1169) was agreed what lower estimate of people who The ACTING PRESIDENT pro tem- to. were coming in here who were undocu- pore. Without objection, it is so or- Mrs. BOXER. I move to reconsider mented, and it was also recommended dered. The Senator is recognized. the vote. by the Council of Economic Advisers in Mr. SPECTER. Mr. President, the Mr. DURBIN. I move to lay that mo- terms of the needs of the economy. 400,000 figure was decided after a very tion on the table. That is where it is from. careful analysis and consideration. We But he makes a legitimate point—we The motion to lay on the table was had hearings in the Judiciary Com- agreed to. do not have a real definite idea about mittee where prominent economists what these numbers ought to be. We Mr. KENNEDY. Mr. President, Sen- stepped forward to testify about the ator GRASSLEY was here earlier. I un- looked at the idea that we establish importance of immigrant help. We this program and then try to establish derstand he may be modifying his have an economy which relies on immi- amendment. Senator GRAHAM is pre- a commission that would make a rec- grants for hospitals, for hotels, for res- ommendation to Congress in terms of pared to move ahead. Then we will al- taurants, for farms, for landscapers, ternate back and forth. The Senator the numbers on into the future. I think and many lines. that is probably the best way to pro- from California, Mrs. FEINSTEIN, is One crucial feature of the Bingaman ready to go. I see the Senator from ceed in the future. amendment would take out the adjust- I will reluctantly oppose the amend- South Carolina. If he is prepared to ment factor, which is important, where proceed, we will go ahead with his ment of the Senator from New Mexico, we say the needs rise and fall. If the but I thank him for the thought he has amendment. Bingaman amendment is adopted—and The PRESIDING OFFICER (Mr. given to this issue. We will be willing I know it was adopted by a large vote to work with him regardless of how SANDERS). The Senator from South last year—at least I hope we will re- Carolina. this comes out. turn to provide for the adjustment fac- The ACTING PRESIDENT pro tem- AMENDMENT NO. 1173 tor so we can raise or lower the number pore. The time of the Senator has ex- Mr. GRAHAM. I ask unanimous con- depending upon the needs of the econ- pired. sent that the pending amendment be omy. Who yields time? set aside, and I call up amendment I thank the Chair and yield the floor. Mr. KENNEDY. Mr. President, we are 1173. The ACTING PRESIDENT pro tem- prepared to yield whatever time we The PRESIDING OFFICER. Without pore. The question is on agreeing to have—except for the Senator from New objection, it is so ordered. the amendment. The yeas and nays Mexico. The clerk will report. have been ordered. The clerk will call The ACTING PRESIDENT pro tem- The bill clerk read as follows: pore. The Senator from New Mexico is the roll. The assistant legislative clerk called The Senator from South Carolina [Mr. recognized. GRAHAM], for himself, Mr. CHAMBLISS, Mr. roll. Mr. BINGAMAN. I thank my col- ISAKSON, Mr. MCCAIN, Mr. MARTINEZ, and Mr. league from Massachusetts and con- Mr. DURBIN. I announce that the KYL, proposes an amendment numbered 1173 gratulate him on his leadership in get- Senator from South Dakota (Mr. JOHN- to amendment No. 1150. ting us to this point in the debate. I do SON) is necessarily absent. Mr. GRAHAM. I ask unanimous con- hope Members will support this amend- Mr. LOTT. The following Senator is sent that reading of the amendment be ment. We had 79 Senators support this necessarily absent. The Senator from dispensed with. amendment when it was offered last Arizona, Mr. MCCAIN. The PRESIDING OFFICER. Without year. I hope we get a strong vote again The ACTING PRESIDENT pro tem- objection, it is so ordered. this year. I think this is the prudent pore. Are there any other Senators in The amendment is as follows: the Chamber desiring to vote? thing to do. It does not destroy the (Purpose: To provide for minimum sentences bill. It does allow for a guest worker The result was announced—yeas 74, for aliens who reenter the United States program but a much more prudent one nays 24, as follows: after removal) than would otherwise be the case. [Rollcall Vote No. 175 Leg.] Strike subsections (a) through (c) of sec- I urge my colleagues to support the YEAS—74 tion 276 of the Immigration and Nationality amendment. Akaka Dorgan Nelson (FL) Act, as amended by section 207 of this Act, I ask for the yeas and nays. Alexander Durbin Nelson (NE) and insert the following: The ACTING PRESIDENT pro tem- Allard Ensign Obama ‘‘(a) REENTRY AFTER REMOVAL.—Any alien pore. Will the Senator suspend? Baucus Enzi Pryor who has been denied admission, excluded, de- Does the Senator from Pennsylvania Bayh Feingold Reed ported, or removed, or who has departed the wish to be recognized? Biden Feinstein Reid United States while an order of exclusion, Bingaman Grassley Mr. SPECTER. I do. Mr. President, I Roberts deportation, or removal is outstanding, and Boxer Harkin Rockefeller believe I have 1 minute of argument? Brown Inhofe subsequently enters, attempts to enter, Sanders crosses the border to, attempts to cross the The ACTING PRESIDENT pro tem- Bunning Inouye Schumer Burr Isakson border to, or is at any time found in the pore. The yeas and nays have been Sessions Byrd Kerry United States, shall be fined under title 18, Shelby called for, and the impression was at Cantwell Klobuchar Snowe United States Code, and imprisoned not less that time that time had been yielded Cardin Kohl than 60 days and not more than 2 years. Carper Landrieu Stabenow back. Stevens ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.— Is there sufficient second for the yeas Casey Lautenberg Chambliss Leahy Sununu Notwithstanding the penalty provided in and nays? There is. Clinton Levin Tester subsection (a), if an alien described in that The yeas and nays were ordered. Coburn Lincoln Thomas subsection— Mr. KENNEDY. Mr. President, I ask Cochran McCaskill Thune ‘‘(1) was convicted for 3 or more mis- consent—I think I yielded the time Collins McConnell Vitter demeanors or a felony before such removal Conrad Menendez Voinovich back before I knew the Senator from or departure, the alien shall be fined under Corker Mikulski Webb title 18, United States Code, and imprisoned Pennsylvania, who is a cosponsor, de- Dodd Murkowski Whitehouse Dole Murray Wyden not less than 1 year and not more than 10 sired to speak. It will only be half a years; minute. I ask unanimous consent that NAYS—24 ‘‘(2) was convicted for a felony before such he be able to speak prior to the time of Bennett Brownback Cornyn removal or departure for which the alien was the vote. Bond Coleman Craig sentenced to a term of imprisonment of not

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6515 less than 30 months, the alien shall be fined do to people who try to come across il- jail sentence with a mandatory min- under such title, and imprisoned not less legally in the future? What message do imum of 5 years. than 2 years and not more than 15 years; we send them and the world? So there are people who have been ‘‘(3) was convicted for a felony before such Here is the message: If you come convicted of rape and murder within removal or departure for which the alien was across our border illegally in the fu- the United States who have illegally sentenced to a term of imprisonment of not less than 60 months, the alien shall be fined ture, you violate our border security, come across the border, committed a under such title, and imprisoned not less you are going to jail. No more catch crime, served their time, been de- than 4 years and not more than 20 years; you and send you back. My amendment ported, who have come right back, ‘‘(4) was convicted for 3 felonies before would require a mandatory 60-day jail committed another crime, and nothing such removal or departure, the alien shall be sentence for the first illegal reentry, happens. fined under such title, and imprisoned not up to a year but mandatory 60 days. If If this amendment becomes law, once less than 4 years and not more than 20 years; you come back again illegally, no less you have been convicted of a violent or than 2 years. So everyone needs to crime and deported, if you are found in ‘‘(5) was convicted, before such removal or our country, whether you are commit- departure, for murder, rape, kidnaping, or a know that America is changing its immigration laws, and we are going to be ting a crime, that is a crime in and of felony offense described in chapter 77 (relat- itself, and you are going to go to jail ing to peonage and slavery) or 113B (relating serious about enforcing them. If you to terrorism) of such title, the alien shall be break our laws, you do so at your own for up to 20 years, with a minimum of fined under such title, and imprisoned not peril, and you will lose your freedom. 5 years. less than 5 years and not more than 20 years. That will help us dramatically make Now that, to me, is what has been ‘‘(c) REENTRY AFTER REPEATED REMOVAL.— sure we don’t repeat the mistakes of missing when it comes to our legal sys- Any alien who has been denied admission, the past. tem and illegal immigration. It is now excluded, deported, or removed 3 or more There is another group of people we time to tell the world—our own citi- times and thereafter enters, attempts to need to deal with in terms of illegal re- zens and all those who wish to come enter, crosses the border to, attempts to here—there is a right way to do it and cross the border to, or is at any time found entry that is bone chilling. The amendment would create mandatory jail time there is a wrong way to do it. If you do in the United States, shall be fined under it the wrong way in the future, you are title 18, United States Code, and imprisoned for people who have been convicted of going to go to jail. not less than 2 years and not more than 10 crimes in the United States, illegal im- years.’’. We need to change the system that migrants who have committed violent would allow nothing to happen to Mr. GRAHAM. Mr. President, as we offenses, nonviolent offenses, who have somebody who had been in our country try to repair a broken immigration served jail time, that if you get de- illegally, who was convicted of rape or system and replace it with a new sys- ported—and you are required to be de- murder, who served their sentence and tem that learns from the mistakes of ported after you serve your sentence— had been deported, who illegally comes the past, I believe it is time for this and get caught coming back into this back into our country. If they cross the body and this country to get serious country, you are going to go to jail, border again, if they cross the border about enforcing border security viola- not be deported again. in the future, after committing a vio- tions. After 9/11, the immigration de- Let me give an example. Angel lent crime, they are going back to jail bate has taken on a different tone. Resendiz is known as the railroad kill- for serious jail time to protect us After 9/11, it is no longer about eco- er. Let me tell you the story of this against them. nomic and social problems associated criminal. In August 1976, he came Now, I hope every Member of the with illegal immigration. It is about across the border illegally. In Sep- body will understand this will make national security problems associated tember 1979, he was sentenced to a 20- our effort to reform illegal immigra- with illegal immigration. In the Fort year prison term for auto theft and as- tion meaningful. If America does not Dix, NJ, case, there were allegations sault in Miami, FL. He was paroled care about enforcing its laws in the fu- made that six people were conspiring within 6 years and released into Mexico ture, those who want to violate it will to attack Fort Dix. Apparently, three as a result of deportation. Over the not care either. of those people came in illegally as next 10 years, he was apprehended and So now is the time to start the clock children or crossed the southern bor- tried in Texas for falsely claiming citi- over, learn from the mistakes of the der, and three of the people charged zenship. He did an 18-month prison past and make a national commitment with crimes overstayed their visas. So term. He was arrested for possessing a to secure our borders and deal with it is more than securing the border. concealed weapon in 1988 in New Orle- those who violate our immigration law That is a central concept to this bill. ans and received another 18-month in the sternest fashion. Because this Democrats and Republicans are ral- prison term. Every time he was sen- Nation is under siege. After 9/11, illegal lying around the idea that the current tenced, he was deported and came right immigration is not just about people system is broken in many ways. The back to commit another crime. He got coming here to work, it is about people borders are not secure. When it comes 30 months for attempting to defraud coming here to commit crimes and do time to verify employment, fraud is Social Security in St. Louis. He pled us harm. rampant. The way you get a job now is guilty to burglary charges in New Mex- So I am very hopeful this amendment to produce a Social Security card. I ico that gained him an 18-month prison will become part of the bill, and we can could take a Social Security card out term, and he was paroled in 1992. He say, after this bill passes, we have of my wallet and have it faked by mid- was apprehended in the Santa Fe rail taken a new approach, a tough ap- night. We are talking about replacing yard for trespassing and carrying a proach, a long overdue approach, that we do care about the laws on our books that kind of fraudulent system with firearm in 1995. and we are going to enforce them, and tamperproof identification, which On June 2, 1999, he was apprehended if you violate the law in the future by would be a great change in terms of un- by the Border Patrol for crossing ille- illegally coming across our border, you derstanding who is here and why they gally. Due to a computer glitch, they are going to jail. let him go. Every time he committed a are here and employing people on our Mr. President, I would like, if I could, terms, not theirs. crime and served a sentence, he was de- at this time, to recognize my colleague In the future, after we begin to con- ported, only to come right back and from Georgia, Senator CHAMBLISS. trol our borders, Senator ISAKSON’s commit another crime. Once we caught The PRESIDING OFFICER. The Sen- amendment says you can’t bring new him, all we did was deport him. He ator from Georgia. people into the country in a permanent wound up killing two people within 48 Mr. CHAMBLISS. Mr. President, I fashion until you meet border security hours of being released by the Border rise in strong support of the amend- triggers. The employment verification Patrol. If this amendment had been in ment offered by my friend and my col- trigger is a great idea. Here is the ques- place for people such as this guy, once league, Senator GRAHAM. I am pleased tion I have: After we do all this, after he was found back on our soil after he to be a cosponsor of this amendment. we spend all this money to secure our served his prison term for a violent As I have said before, I believe the borders and replace fraudulent systems crime, he would not have been de- agreement we reached among a bipar- with tamperproof systems, what do we ported. He would have gotten a 20-year tisan group of Members of this body is

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6516 CONGRESSIONAL RECORD — SENATE May 23, 2007 a step in the right direction because it ticular measure, it does give our law ference? Because we want the judge to gets us to where we are today; that is, enforcement officials an opportunity to make the decision on the severity of we are debating this critical issue on not only be serious about enforcement the crime. the floor of the Senate. of the law but in a way that is truly Here, we go down to the prior aggra- Bringing this issue to the floor of the meaningful and will go a long way to- vated felony conviction penalty, which Senate allows Members of this body an ward stopping illegal immigrants from under current law is not more than 20 opportunity to improve upon what has coming across our borders, as well as years. We, in the bill, say the penalty previously been negotiated. Senator doing a better job of enforcing our im- can be 15 years, or a fine, or both. GRAHAM’s amendment is an improve- migration laws from an interior stand- Under the Graham amendment, it is 2 ment that should be adopted because it point. years and a fine. deals with the very most important So I urge all my colleagues to vote in Once more, we leave it up to the part of this particular bipartisan piece support of the amendment offered by judge. If we have the serious kinds of of legislation, that is, border security my good friend and colleague, Senator penalties, they ought to get the serious and interior enforcement. GRAHAM. time. Who is being tougher on crime? This amendment creates a more ef- I yield the floor. We are listening to the Senators from fective deterrent against future illegal The PRESIDING OFFICER. The Sen- South Carolina and Georgia: We are immigration by ensuring that illegal ator from Massachusetts. tough on crime. Who is tough on immigrants who are caught and de- Mr. KENNEDY. Mr. President, I have crime? Come on. ported and then return to the United a good deal of respect for my friends The list goes on. If you are caught, States in violation of our laws again from South Carolina and Georgia, but I you are a repeater, you are caught serve minimum jail sentences. There is am somewhat mystified by this pro- back across the border with a prior nobody who is going to be deported and posal. Let me illustrate why. conviction for murder, rape, kidnap- First of all, this proposal by the Sen- gets caught coming back in who is ping, slavery, terrorism, then the pen- ator from South Carolina is a large going to escape going to jail. It is kind alty is not more than 20 years. Under Federal mandate. Do you understand? the Graham amendment, it is 5 years— of unbelievable to think about that we It is a large Federal mandate. Why? Be- do not already have this kind of law on the new mandatory is 5 years. Ours is cause the Bureau of Federal Prisons 20 years. We let the judge make that the books today. That is why this piece now says it takes up to 45 to 60 days for of bipartisan legislation is so critically decision, but his is 5 years. any individual who is found guilty in Now, I have been a strong supporter important to the future of our immi- the lower courts to get to a Federal of sentencing reform from the very be- gration laws in this country. prison. Who pays for that? The local ginning. We have had these enormous Under current law, if an illegal alien people pay for that. disparities on the issue of sentencing. is caught entering the United States, First, it takes 45 to 60 days—all of The Sentencing Commission was sup- that person is deported. This system is which will be included in this amend- posedly to make an evaluation about subject to abuse because an estimated ment—which is going to be paid by the the nature of the crimes taking place 20 to 30 percent of those illegal immi- local people. So we are saddling all the in the country, the space that exists in grants deported simply return to the local communities, as they start off in the various States and Federal institu- United States again in an illegal way. their proposal. tions and to make recommendations in If that same person illegally reenters Now, after we hear the speeches terms of what the scope ought to be in the United States again, they are sub- about how we are going to be tough on terms of various crimes and what the ject to fines or imprisonment, but cur- crime, let’s look specifically at the availability is in these various penal rently there is not a mandatory jail current law and what our bill does and institutions and how they compare to term. then what this amendment does. other kinds of crimes. It seems to me So our Border Patrol agents and our For the entry of an alien after re- that is what we ought to be doing with Immigration and Customs Enforcement moval—no deportation or denied ad- the penalties in this legislation as well. agents are faced with the problem of mission, no criminal history—under Let’s listen to Supreme Court Justice removing the same illegal immigrants current law: fine, or not more than 2 Kennedy, who has vigorously criticized time and time again. This amendment years, or both. Our bill is the same as mandatory minimums as unfair and in- will ensure that everyone who is de- current law. But the Graham amend- consistent with the fundamental prin- ported from the United States and re- ment says: not less than 60 days in ciples of justice. In February, he was enters will serve jail time. jail—60 days in jail. very clear in his opposition to pen- This is a most vital piece of legisla- So we want to let Arizona, Cali- alties in his testimony before the Sen- tion in getting control of our borders fornia, Texas, New Mexico know that ate Judiciary Committee. He also said and in ensuring we have efficient and for all those people whom we all heard mandatory minimums are wrong be- meaningful interior enforcement. This about coming back across the border, cause they restrict the ability of judges amendment is critical because it will they are going to be for 45 to 60 days in to strike the best balance between the make sure the resources of our Border the local jails. Is there any kind of re- goal of consistent sentencing and the Patrol and Customs agents are not export about how they can handle it? Is need to give judges discretion to make pended on the same violators again and there any sense about whether the jails the punishment fit the crime in indi- again. are crowded? Is there any idea about vidual cases. It also sends a strong signal to every- what the Governors say? Is there any That is what we have in the under- one in the world thinking about ille- idea about what local communities lying law. gally coming to the United States that say? No. But this happens to be the In 2003, Justice Kennedy said: we are serious about our laws and are fact. There are seven different places I can accept neither the necessity nor the seriously going to punish those who where they put these mandatory pen- wisdom of Federal mandatory minimum sen- violate those laws. alties in. tences. In too many cases mandatory min- I have to say, one problem we have, Under current law, for the entry of imum sentences are unwise and unjust. The as we debate this bill and we talk with criminal offenders, with three or more legislative branch has the obligation to de- folks back home, is the credibility of misdemeanors involving drugs, crimes termine whether a policy is wise. this body, as well as the other body, as against persons, or both, or a felony: Now, I am more than willing to es- well as the agencies charged with car- fine, not less than 10 years, or both. In tablish tough penalties where appro- rying out the enforcement. Even the bill, S. 1348, we say, three mis- priate, but we have to draw the line though we are charged with oversight, demeanors or one felony gets a penalty with a rash of mandatory minimum the credibility of the U.S. Government of not more than 10 years in jail. What sentences in current law. We have a in enforcing the current laws on the does the Graham amendment say? New new Congress and a new opportunity to books is severely lacking. mandatory minimum creates minimum stop the madness with mandatory This is a measure that does put some penalty of 1 year. minimums that impose long and costly real teeth into the deporting and re- So they say you get 1 year. We say sentences. Moreover, there is no sug- importing by criminals. In this par- you can get up to 10 years. Why the dif- gestion that these penalties make a

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6517 great deal of sense. If anything, they legal paths than we have ever had It seems the provisions we have in are already causing a terrible burden. through this bill. the legislation make sense, and if the There is no epidemic of leniency in The illegal part of it has to come to Senator wanted to alter his amend- the Federal courts today. We have not an end and will only come to an end if ment and say: Let’s let this go to the heard, in hearings in the Judiciary there is a downside to breaking our Sentencing Commission and let them Committee, about leniency in terms of law, and this amendment is about man- make the recommendations, which we the crimes—we have not—nor with re- datory jail time. I am not trying to have done on other pieces of legislation gard to these different provisions. make it easier on people; I am trying to permit the penalty to suit the The Federal prison population has to make it harder on people who take crime, I would say amen. But this quadrupled in the last 20 years. Now it the law into their own hands and vio- amendment is going to put an impor- is larger than any State system. The late our border security. That is why tant additional burden on the local addition of new mandatory minimums we have mandatory jail time. Prior communities, and it doesn’t have the only places further strains on the Fed- misdemeanors, you are going to go to flexibility we have in the existing leg- eral prisons, which are already strug- jail 1 year if we catch you here again. islation in terms of dealing with those gling with a growing population, along If you served jail time of 21⁄2 years and who are the real bad guys in this proc- with diminishing budgets. Justice we find you on our soil again after you ess. We have that ability in the exist- Rehnquist made the following observa- have been deported, 2 years. If you got ing legislation. The idea we are going tion about mandatory minimums: Our a sentence of 5 years and we find you to make it mandatory for people to go resources are misspent, our punish- on our soil again after you have been in for this period of time takes away ments too severe, our sentences too deported, 4 years in jail. If you are con- that kind of flexibility, which is desir- long. victed of three or more felonies, 4 years able. That is his statement in opposition in jail, if we find you here again. If you I see my friend and colleague from to mandatory minimums. We have the are convicted of a violent crime, no New Mexico on the floor and I know he statements that have been made by the less than 5 years, and up to 20 years. desires to speak. 2006 Conference of Mayors, rep- It is time to get serious. This is a se- The PRESIDING OFFICER. The Sen- resenting 1,100 mayors and cities with rious amendment for a serious prob- ator from New Mexico. populations over 300 that passed a reso- lem. I know this is going to send the Mr. BINGAMAN. Mr. President, I lution opposing the mandatory min- right message and that we need to be wish to speak briefly in opposition to imum sentences. It called for a fair and tough, not just in words but in deeds. the amendment. I have great respect effective sentencing policy. The Na- I urge passage of the amendment. for my colleague from South Carolina, tion’s mayors are opposed to manda- Mr. KENNEDY. Mr. President, I indi- but I think this is very misguided. tory sentences on both Federal and cated in my earlier comments about Chief Justice Rehnquist was speaking State levels. Our mayors believe we the different provisions that exist in in 1994 to a luncheon of the U.S. Sen- should have laws that permit judges to the law, the kind of flexibility that is tencing Commission and he said the define appropriate sentences based on out there to deal with serious crimes. following: the specific circumstances of the crime But with the mandatory minimums Mandatory minimums are frequently the and the perpetrator’s individual situa- you have a blunderbuss solution. There result of floor amendments to demonstrate tion, and that States should review the is no ability or flexibility at all to be emphatically that legislators want to ‘‘get effects of both Federal and State man- able to deal with it. tough on crime.’’ Just as frequently they do datory minimum sentencing and move The Federal Bureau of Prisons esti- not involve any careful consideration of the effect they might have on the sentencing forward. mates it costs $67 a day for each person in jail. Estimates are it costs $90 per guidelines as a whole. Indeed, it seems to me As I say, that is my position on this. that one of the best arguments against any I am under no illusions about what the day to detain an immigrant. Right now more mandatory minimums, and perhaps desire and the will of this institution is each immigrant spends an average of against some of those we already have, is on this particular proposal. 42.5 days in detention prior to deporta- that they frustrate the careful calibration of I yield the floor. tion, at an average cost of $3,825. Sen- sentences, from one end of the spectrum to The PRESIDING OFFICER. The Sen- ator GRAHAM’s 60-day mandatory min- the other, which the sentencing guidelines ator from South Carolina is recognized. imum for illegal reentry would in- were intended to accomplish. Mr. GRAHAM. Mr. President, very crease the total spent in detention by I think Justice Rehnquist was right, briefly, and I will move to have this 17.5 days, which increases the cost of that this is—this, as I understand it, is amendment voted upon, if that is the detention per immigrant to $5,400. an amendment that has not been correct order of business. These increased costs couldn’t be brought up for hearing. These proposed To my very good friend Senator KEN- avoided because the mandatory min- changes in the law have not been NEDY, it is my understanding in terms imum won’t let the judge give any de- brought up for a hearing in the Judici- of incarceration costs, the costs are fendant a lower sentence regardless of ary Committee. I am not a member of paid by the Federal Government the facts. This is a major problem with that committee. My colleague Senator through the State Criminal Alien As- the mandatory, and this amendment KENNEDY is, of course, as is Senator sistance Program about 90 percent—90 would be a costly mistake. GRAHAM. But my impression is this is cents on the dollar. So the Federal The fact is the States pick up before not the result of a careful deliberation Government does help the local com- the individual enters the system, the by the committee of jurisdiction here munities almost fully to deal with the States pick up the tab. So New Mexico, in the Senate. Instead, this is one of expense of people who are caught vio- Arizona, California, and Texas, you are these floor amendments that is in- lating or who are put in jail. going to have this new mandate and extended to demonstrate that legislators In terms of leniency—is there any penditures for it. want to ‘‘get tough on crime’’ and par- evidence our laws are too lenient—I Last year, 11,000 immigrants were ticularly want to get tough on crime if would say there are about 12 million charged with the offense of improper it involves immigrants. So that is what pieces of evidence that our laws are too entry. If this amendment passes, we is going on here. lenient. How can you have 12 million are looking at increasing the costs by I think the strongest argument I people come across the border and the millions of dollars. According to 2005 know, and I am sure this is what the word not be out that there is not much data, the U.S. Government has the re- Senator from Massachusetts was men- of a downside to doing it? Now, if you sources to hold 19,000 immigrants. It tioning, is the cost that is involved in get 12 million people violating the law, represents less than 1 percent of the actually going ahead with this amend- it must be common knowledge among undocumented population. This amendment. We are talking about taking peo- that population and others there is not ment may also require us to build new ple, and instead of kicking them out of much going to happen to you. facilities to house these people, new the country, we are requiring those in- Well, that needs to stop. We need to prison beds, $14,000 per bed. We don’t dividuals be incarcerated in this coun- give people who are here a chance to know how many beds will have to be try at very substantial expense to the assimilate. Legal paths, we have more built if this amendment is adopted. U.S. taxpayer for a very long period of

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6518 CONGRESSIONAL RECORD — SENATE May 23, 2007 time. I don’t know that it makes good Mr. GRAHAM. Mr. President, very We have provisions in the legislation sense for us to be doing this. briefly, to respond to my good friend that are tough and that a judge can use One of the purposes of this immigra- from New Mexico about some of his and must use in those circumstances tion legislation that is before the Sen- concerns, this is not about me feeling which require it. But I think to effec- ate right now is to reduce the burden good; this is about having the law work tively tie the judge’s hands in these on U.S. taxpayers of all of the immi- in a way that will deter people from other circumstances makes little grants coming into the country. This crossing our borders illegally. sense. amendment does the exact opposite. I point to the Angel Resendez case, I see the Senator from California on This amendment puts an enormous ad- and if we had this law in effect where the Senate floor. I would like to ask ditional expense on the taxpayers of we had mandatory jail time for those how the Senator wants to dispose of the United States by saying: If you who had committed offenses and this amendment. come into this country illegally, we are caught on our soil. In a 10-year period Mr. GRAHAM. I urge passage of the going to lock you up and we are going he committed five crimes, got deported amendment. to be sure you stay locked up for a long each time, and was able to come back The PRESIDING OFFICER. Is there time. Well, that is fine, as long as you and commit another crime. If this further debate on the amendment? Mr. KENNEDY. Mr. President, I sug- want to pay—what is it—$30,000, $40,000 amendment had been in place, he would gest that we proceed with the Senator per year to keep one of these individ- have been in jail for a longer period of from California and then come back to uals incarcerated. We are paying a lot time and maybe his murder victims more to keep an individual in one of that. would be alive today. This is a case not Mr. GRAHAM. That suggestion is these Federal prisons, I can tell you about me feeling good; it is about that, than we pay to keep people in well taken, yes. somebody with a great propensity to Mr. KENNEDY. Mr. President, I ask some of our best universities. cross our border illegally and commit I don’t think it is a good use of our unanimous consent that we go now to crimes and not being held accountable the Senator from California and her resources. I think this is one of these in a serious way. feel-good amendments which says we amendment. After the Booker case, the sentencing The PRESIDING OFFICER. Without are not being tough enough on immi- guidelines are advisory. If we want to grants, let’s tighten this thing up, let’s objection, it is so ordered. send a message that we are flexible The Senator from California is recog- be real tough on them. when it comes to immigration law vio- The statistics I have—and these are nized. lations, we are doing a great job of it. Mrs. FEINSTEIN. Mr. President, I statistics from the 2006 Source Book of People must believe we are flexible, be- thank the manager of the bill. I want Federal Sentencing Statistics, put out cause they are coming across our bor- to say a few words on the bill in gen- by the United States Sentencing Com- ders in droves. Flexibility is being eral and then move to an amendment, mission. They have a chart on page 13 taken as indifference. What we need to if I might. where they talk about the distribution do is to make it a crime that will sting I am a supporter of this bill. It is not of offenders in each primary offense a perfect bill. I think it is easy to tell category. It shows that 24.5 percent of people when they come across. The cost to this country of having the people on the far right of the polit- the offenders we are incarcerating ical spectrum and the far left of the po- today are being incarcerated for immi- laws that are ignored and are virtually litical spectrum are not happy with gration-related offenses. The only a joke is huge. Look at where we are this bill. But what this bill accom- other category that is larger is drugs, today with illegal immigration. Let’s plishes—like nothing I have ever seen where 35.5 percent are being incarcer- try something new. Let’s try doing in my 15 years in the Senate—is that it ated for drug-related offenses. So 24.5 something that has worked over time: is a piece of work that is a product of percent of our prisoners today are If you commit a crime, you do some people on both sides of the aisle sitting there because of immigration-related time. down and trying to work something offenses. That number is going to go up With that, I yield the floor and ask out that can get 60 votes in this Cham- dramatically if we actually adopt and for passage. ber and move on, and not be a useless put into law these mandatory min- Mr. KENNEDY. Mr. President, brief- piece of legislation, but rather one that imum sentences that are contained in ly, to quote from the American Bar As- offers a kind of comprehensive reform this amendment. sociation, this was their comment a I wish also to point out that the pen- year ago on the previous immigration that has definition. People use the word ‘‘comprehen- alties, the sentences these people are bill on the same subject, on the issue of sive,’’ and nobody really knows what being given and the actual period of in- mandatory minimums when this issue they are talking about. But in the case carceration, the number of months of came up during that time: of this bill, anyone who carefully looks incarceration for these immigration of- The American Bar Association strongly op- fenses, is fairly significant. It ranges poses the provisions in the draft legislation— at the bill will understand what the from 22.8 months up to over 25 months. That was the draft legislation a year word ‘‘comprehensive’’ means because So we are talking about putting people ago— the word means addressing all sides of the immigration issue, taking borders in prison for a significant period of that would enhance or create new mandatory time. As I say, they are all for immi- minimums. First, as a general matter, the that are broken and repairing them, gration-related offenses. mandatory minimums produce an inflexi- stabilizing a border with additional I think it is foolhardy for the United bility and rigidity in the imposition of pun- border patrol, prosecutors, detention States to be passing immigration re- ishment that is inappropriate for a system facilities, and also strengthening inte- form legislation to reduce the financial that we hold out to the world as a model of rior enforcement. burden on U.S. taxpayers for all of the justice and fairness. To insist that all those Three major sections—called titles— convicted of a crime be lumped into the of this bill really deal with enforce- illegal immigration coming into the same category and be penalized indefinitely country and at the same time adopt an ment of our borders, enforcement of inevitably means the injustice of a sentence the interior. Then there is the question amendment that loads an enormous ad- in particular circumstances will be ignored. ditional cost on to the taxpayer so we Additionally, we are concerned at the high of how do you deal with the 12 million can keep these people in prison for a cost of imposing mandatory minimums. Nu- people who have been here for some long time and thereby demonstrate we merous studies have demonstrated the ex- time illegally, most of whom are en- are getting tough on crime. traordinary costs of incarcerating thousands gaged in legitimate, bona fide work. I urge my colleagues to oppose the of nonviolent offenders in our Nation’s pris- How do you deal with what has devel- amendment. ons and jails. oped to be an entire subterranean econ- Mr. GRAHAM. Mr. President, I ask The provisions to create the new manda- omy in this country, with its own spe- tory sentences, coupled with those to in- cial shops, stores, and special points of unanimous consent to add Senator crease the mandatory detention, have the MCCONNELL as a cosponsor of the potential to greatly increase the number of congregation for work? How do you re- amendment. individuals being incarcerated in immigra- move the element of fear that drives The PRESIDING OFFICER. Without tion-related cases at a significant cost to the all of this further and further under- objection, it is so ordered. American taxpayers. ground?

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6519 The more the ICE agents—formerly be between 8 and 13 years. During that 14,500, to 18,000 under the trigger, to INS—pick up people in the workplace period of 8 years, they would have to eventually 28,500 by the end of five for deportation, the more you see the re-up, come in and prove that they years. inequality and injustice—there was one have done the things the bill requires The bill also requires hiring 1,000 new family, about a week ago in San Diego, them to do. This is not an amnesty. immigration agents, 200 new prosecu- by the name of Munoz, who had been Now, the other part is that there are tors, and new immigration judges and here for a long period of time. They changes made in what is called chain Board of Immigration Appeals mem- both worked and raised three children migration. Currently, one person on a bers. who were born in this country. They green card can bring in any number of Next, the bill increases the penalties owned their home and their furniture. family members. This is changed to the for people who illegally enter the U.S. Well, in came the agents, who picked nuclear family. The person holding the or who overstay their visas. up the parents. The parents were out of green card can bring in their spouse Under current law, if an individual the country and the children were left. and their minor children. That future enters the U.S. illegally or overstays The home was sold and the furniture green card, after the 8 years—after the their visa they are barred from return- was gone. And this is a family who had list is expunged, future green cards ing to the United States for three the piece of the rock of America. They would be granted on the basis of the years, and could be barred for up to 10 were contributing to the economy of point system, which deals with merit years if they stayed in the U.S. ille- America. But they were destroyed. in the sense of the availability of job, gally for over a year. Many of us in this body believe you work, the educational attributes of the However, under the bill, if an indi- cannot find and deport 12 million peo- individual, the family, and other vidual is in the United States illegally ple. My State of California has the things. I think it is as close as we are the penalty is increased so that the largest number of people living in un- going to get to solving this problem person would be barred forever—and documented status, which is estimated and creating the interior enforcement, never be allowed to come to the United to be in the vicinity of 3 million peo- the border stability, and the laws that States. ple. They are a vital part of our work- are necessary to secure the rule of law The bill also includes provisions to force. They are 90 percent of Califor- when it deals with immigration. fight passport and visa fraud based on nia’s agricultural workforce, which is Mr. President, many Senators from the bill that Senator Sessions and I in- the largest of the 50 States. They also both sides of the aisle worked long troduced this year. work in service industries. You see hours over the past several months to These new provisions would punish them in hotels and in restaurants, and address immigration reform. And people who traffic in 10 or more pass- you see them in construction and hous- through the process of negotiation and ports or visas, and increase the penalty ing. So they have become an indige- compromise a tough, fair, and work- for document fraud crimes to 20 years. nous part of the California workforce. able bill has been crafted. By including these tough new en- This bill puts together reforms in im- The bill before the Senate provides forcement measures, this bill goes a migration with a process to bring those solutions to restore the rule of law, fix long way to protecting our borders and people out of the shadows. What has our broken borders, protect our na- takes a hard stand against individuals bothered me over these days, as I listen tional security, and bring the 12 mil- who violate the law. to the television and read in the news- lion people now living illegally in the EMPLOYMENT ENFORCEMENT papers, is I hear the drumbeat, and I U.S. out of the shadows. The bill also takes a hard stand even see small signs on automobiles I believe this bipartisan bill is a against employers who violate the law that simply say ‘‘amnesty.’’ This bill is strong first step toward addressing ille- and hire illegal immigrants. not amnesty. gal immigration in a fair and balanced For too long, the administration has What is amnesty? Amnesty is the way. not enforced the laws on the books, and categorical forgiveness of a crime, an IMMIGRATION ENFORCEMENT the negligible fines for hiring illegal event, or whatever the issue may be. The bill is predicated on several fun- aliens were just a part of doing busi- This does not do that. This sets up a damental principles. The first is that ness—this bill changes that. roadmap, which is complicated for we must control our borders and pro- Under current law, an employer can someone who wants to remain in this tect our national security. be fined $250 to $2,500 for hiring an un- country, to be legal, to be able to work The bill ensures that before a single authorized worker; the bill increases legally, and perhaps even someday get temporary visa is issued, or a single that fine to $5,000. a green card, and maybe someday fur- undocumented alien in the United The bill also increases the penalties ther off, become a citizen. States can earn their green card, sev- for employers who repeatedly violate Well, there is an 8-year road created eral important ‘‘triggers’’ must be the law and hire illegal aliens. Under in this bill. There are fines of $5,000 met—‘‘triggers’’ that show the Federal current law, the highest penalty that plus an additional $1,500 fee for proc- Government is taking a hard stance on can be assessed against an employer is essing. There is a touchback, which enforcing the law and enforcing the $10,000 for a repeat violation; this bill may be changed in a further amend- border. The triggers include: imposes a new larger fine of $75,000 for ment, but at this stage in the debate it Installing at least 200 miles of vehi- repeat violations. is this: If during that 8-year period the cle barriers as well as 370 miles of fenc- The bill creates a new employment individual who has now achieved this Z ing, 70 ground-based radar and camera verification system—mandating that visa, which gives them the right to towers, and deploying 4 unmanned aer- within 3 years, all employers must work in this country, decides they ial vehicles along the southern border; verify with the Government that all of want to pursue a green card, they detaining all illegal aliens apprehended their employees, foreign and American, would go to their country of origin, to at the southern border, rather than are who they say they are. the nearest U.S. consulate, and with continuing the ‘‘catch and release’’ pol- This new system will require employ- the Z visa they can come in and out of icy; establishing and using the new ers to submit each employee’s name the country at will. They don’t have to Employment Verification system to and social security number or visa stay in their country of origin. What confirm who can work in the United numbers to the Department of Home- they would do is file their papers. They States legally and who cannot, and hir- land Security. DHS will then confirm would submit their fingerprints, and ing 3,500 new border patrol agents to whether the employee is in fact legally they would turn around and come back increase the total number of agents on allowed to work. into the United States. Then, elec- the border from 14,500 to 18,000. If the DHS says the employee is not tronically, the evaluation would be Then later, after the first 3,500 border legally allowed to work or his legal done after the present line for green patrol agents are hired, the bill re- status is in question, the employee cards expires. Everybody waiting in quires that an additional 10,500 more then has 10 days to challenge the Gov- line legally for a green card gets it. border patrol agents are hired. So, the ernment’s conclusion, and while the They would have the opportunity to total number of border patrol agents employee is taking steps to contest his get a green card. This is estimated to will increase from its current level of rejection, the Secretary must extend

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6520 CONGRESSIONAL RECORD — SENATE May 23, 2007 the period of investigation and the em- ows, to earn a legal status, and to brings in workers for 2 years, and then ployee cannot be fired. eventually apply for a green card—and requires the worker to leave for a year; This new verification system should that is what this bill provides through and a second, seasonal Y-visa where ensure that individuals who are hired the Z visa program. workers can come in for 10 months, and by American businesses are actually le- Let me be clear, this is not an am- then are required to leave for 2 months. gally permitted to work in this coun- nesty. For those who say it is, I think Workers who come to the United try. it is important to define what amnesty States under the longer ‘‘2 years in the GRAND BARGAIN means. Amnesty is automatically giv- country, 1 year out of the country’’ Once the security and enforcement ing those who broke the law a clean program can renew their visa so that measures were established, the nego- slate no questions asked. This bill does they can work up to 6 years total; but tiators sought to devise a pragmatic not do that. every 2 years they must leave the solution to deal with the approxi- Instead, to qualify for a green card United States for a year. mately 12 million illegal immigrants each individual must wait until the However, if Y-visa holder wants to currently living in the United States. backlog has been cleared—approxi- bring their family with them to the This solution to this issue is what mately 8 years—and during that time United States then they would be lim- has been referred to as ‘‘the grand bar- these individuals and families would ited to only 1 renewal and they would gain.’’ need to pass a national security check; have to demonstrate that they can sup- In order to bring Democrats and Re- apply for a Z-visa that allows them to port their family. They would do this publicans together a compromise was stay in the U.S. legally; work or get an by showing that the family has health adopted that creates a new ‘‘Z’’ visa education; pay taxes; learn English; insurance and that they will earn a that will establishes a strict path for pay a fine of $5,000, plus processing fees wage above 150 percent of the Federal those individuals who are already in of at least $3,000; not commit crimes; poverty guidelines. the United States to be able to earn a reapply and undergo additional back- Finally, the new Y-visa program is legal status. ground checks; return to their home capped at 400,000 foreign workers a year In exchange, the bill reforms the cur- country for a ‘‘touch-back’’ for at least for the 2-year/1-year program and rent immigration system and elimi- a day, to submit their application, pro- 100,000 visas for the seasonal 10-month/ nates policies that allow for ‘‘chain mi- vide a fingerprint , biographical and bi- 2-month program. Both of these caps gration.’’ ometric information; and earn enough contain escalation clauses that allow PRACTICAL SOLUTION TO 12 MILLION NOW HERE points under the same merit system the Secretary of Homeland Security to With respect to the first part of the that all future applicants will use. issue additional visas up to 600,000 per grand bargain, I firmly believe we have This is not amnesty. This is not sim- year for the longer program and up to to develop a practical solution to the ply giving a green card to anyone who 200,000 per year for the seasonal pro- deal with the 12 million illegal immi- is in the country illegally. Instead, gram. grants already in the country. through the Z visa program and the The escalation clause in the longer While some have complained that all new merit system, each individual program gives the Secretary the discre- 12 million undocumented aliens should must meet these significant demands tion to increase the number of Y-visas be deported, such a solution is not in order to earn a green card. by as much as 10 percent or 15 percent practical nor is it reasonable—for GREEN CARD BACKLOG each year. According to some esti- many of those individuals and families The second component of the ‘‘grand mates, this means that in 10 years well who have become integrated into the bargain’’ is to clear up the current over 3.4 million foreign workers could fabric of their communities deporta- backlog of individuals who have been come into the United States through tion would be a severe outcome. waiting for green cards and to reform the longer Y-visa program. For example, in my home State of how green cards are awarded by cre- I am concerned about the impact on California, the Munoz family from San ating a point system that is based on our economy and our country if such a Diego is facing exactly what a policy of merit. substantial number of visas were to be absolute deportation would mean. To achieve this, the bipartisan bill issued. Senator BINGAMAN has an In 1989 Zulma and Abel Munoz came would provide about 200,000 new green amendment that would eliminate the to the United States seeking medical cards annually that will go to those in- escalator and reduce the cap to permit care for their infant son who was sick— dividuals who have followed the rules only 200,000 Y-visas each year to be sadly, despite their efforts, 2 months and applied for a green card prior to issued under the longer program. I am later he died. At the time, Mrs. Munoz May 1, 2005. a cosponsor of the Bingaman amend- was pregnant with her second child, a For anyone who applied after May 1, ment and I voted for it last Congress. girl, and a medical worker who had 2005, they will now be required to re- While I agree with the grand bargain helped her son urged Mrs. Munoz to apply through the new merit-based principle that temporary means tem- stay longer in the United States to point system. This new point system is porary, I am concerned that the high make sure their infant daughter re- based on what has been done in other cap on the longer Y-visa program and ceived proper care. They took that countries, including Canada and Aus- the inclusion of the escalator means medical workers advice, and have re- tralia. It sets up a framework to allow that the numbers of temporary work- mained in the United States since individuals to earn points that would ers coming in through this program are then. Both parents found work; they qualify them to earn a green card. just too high. bought a home, and they repeatedly Under this new system, individuals But with the adoption of the Binga- tried to legally adjust their status, but will get points for education, work his- man amendment I believe the tem- their attempts failed. tory, ability to speak English, as well porary worker program adopts the Then last month, at 7:30 p.m. on a as whether they have U.S. citizen fam- right balance and still fulfills the prin- Thursday night, Mrs. Munoz was ar- ily members. This new point system is ciples of the ‘‘grand bargain.’’ rested and led away from the house in a balanced approach that considers NEED FOR AGRICULTURAL LABOR her pajamas. Later when Mr. Munoz re- multiple factors and allows individuals In addition to these important prin- turned from Home Depot, he was hand- to earn their green cards. ciples that were developed as part of cuffed and taken away—leaving behind TEMPORARY WORKER PROGRAM the ‘‘grand bargain’’, the bipartisan their three children, now 16, 13, and 9. Finally, the third component in the bill contains two more important pro- There are many families, like Mr. ‘‘grand bargain’’ is to ensure that tem- visions: the DREAM Act and AgJOBS. and Mrs. Munoz, who are not criminals, porary means temporary—meaning Last Congress, Senators CRAIG, KEN- who have lived and worked in their workers who come to the United States NEDY, and I repeatedly tried to pass communities for years, and who are on a ‘‘temporary worker visa’’ must re- AgJOBS. This bill reforms the current productive members of society, but turn to their home countries when the H–2A agricultural temporary worker who are also in the U.S. illegally. visa expires. program and creates a path to legaliza- Families like these should be given Under the new ‘‘Y-visa’’ there are 2 tion for undocumented farm workers the opportunity to come out of shad- temporary worker programs—one that currently in the U.S.

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6521 There is no industry that is suffering strikes the right balance and reflects placement of unaccompanied alien more from a labor shortage than agri- the best thinking on how to accommo- children was transferred from the Im- culture. Foreign workers make up as date all the various concerns and inter- migration and Naturalization Service much as 90 percent of the work force ests. to the Department of Health and and over half of the foreign workers are While it is easy to sit on the sidelines Human Services, Office of Refugee Re- undocumented—as many as 1.5 million. and criticize, it is harder to stand up, settlement. This amendment provides But for years now we have heard take on the tough issues, make the guidance and instruction to the Office from farmers and growers that they hard decisions and do what is right to of Refugee Resettlement, the Depart- can not get the labor force needed to fix our immigration system. I want to ment of Homeland Security, and the harvest their crops. commend Senators KENNEDY, SPECTER, Department of Justice, for how to han- California growers tell me that their SALAZAR, and KYL for their hard work dle the custody, release, family reunifi- labor forces are already down 30 per- in undertaking this difficult issue and cation, and the detention of unaccom- cent this year. For example, Larry crafting this important legislation. panied alien children. Stonebarger, a cherry packer in Stock- This is not a perfect bill, but it is a The amendment clarifies that any ton, CA, has said that his packing good bill, and it is a bill that I hope the child who was deemed to be a national house only has 650 workers, instead of Senate will pass. security risk, or who has committed a 1100 he needs. AMENDMENT NO. 1146 TO AMENDMENT NO. 1150 serious crime, will remain under the California provides a vital part of our Mrs. FEINSTEIN. Mr. President, I jurisdiction of the Department of Nation’s food source. Half of this coun- call up amendment No. 1146, and I ask Homeland Security or the Department try’s fruits are grown in California and, unanimous consent to add Senator of Justice and will not be released to in fact, California is the only U.S. pro- MARTINEZ as a cosponsor. the Office of Refugee Resettlement. ducer of almonds, figs, kiwi fruit, ol- The PRESIDING OFFICER. Without For those who pose no danger to them- ives, and raisins. The importance of objection, it is so ordered. selves or others, the amendment re- The clerk will report. having locally grown produce cannot quires that the children be placed in The legislative clerk read as follows: be underestimated. the least restrictive setting possible, The Senator from California [Mrs. FEIN- This Sunday, the Washington Post and it defines what those settings are. STEIN], for herself, and Mr. MARTINEZ, pro- reported that the Food and Drug Ad- poses an amendment numbered 1146 to This is the order of preference: One, ministration detained 107 food imports amendment No. 1150. licensed family foster care; two, small from China at U.S. ports just last Mrs. FEINSTEIN. Mr. President, I group care; three, sheltered care; four, month. They found dried apples pre- ask unanimous consent that reading of residential treatment center; five, se- served with a cancer-causing chemical; the amendment be dispensed with. cured detention. So the least restric- mushrooms laced with illegal pes- The PRESIDING OFFICER. Without tive place for these children—remem- ticides; juices and fruits rejected as objection, it is so ordered. ber, in any given year, there are a sub- ‘‘filthy’’; and prunes tinted with chem- The amendment is printed in the stantial number of these children. The ical dyes not approved for human con- RECORD of Monday, May 21, 2007, under amendment also would establish min- sumption. This situation is unaccept- ‘‘Text of Amendments.’’) imum standards for this custody or, able. But, amazingly, as we fight to Mrs. FEINSTEIN. Mr. President, where appropriate, detention of these keep out foreign produce that is not about 6 years ago, I was sitting at children, including making sure they protected by safety and quality con- home and I was watching television. have access to medical care, mental trols, our own immigration policies un- What I saw was, I believe, happening in health care, some access to phones, dermine the ability of U.S. growers to Seattle. It was a 14-year-old Chinese legal services, interpreters, and super- produce high quality fruits and vegeta- youngster who had come to this coun- vision by professionals trained to work bles right here in our own country. try in a container. Her parents died in with these children. The reality is, if there are not the container. She had survived. She I am delighted that Senator MAR- enough farm workers to harvest the had been in a detention facility for 7 TINEZ is a cosponsor, and I hope he will crops in the United States, we will end months prior to coming before the come to the floor because I believe he up relying on foreign countries to pro- judge. What I saw on television were just said to me he found himself in a vide our food. This is not good for our tears streaming down her face, her similar situation. I mentioned to him a economy or for ensuring that Ameri- hands in cuffs, and the chain went case with which we are all familiar, cans are receiving safe and healthy around her waist. She was unable to Elian Gonzalez, who landed on the foods. wipe away her tears. I thought this was shores of Florida, whose mother The best way to avoid this outcome very strange, something really must be drowned trying to get here. He had rel- is to ensure that American farmers and wrong. atives in Florida. Florida has moved to growers have the workers they need to I found out that she is not alone. create certain centers where these chil- harvest the crops, and the best way to There are 7,000 unaccompanied young- dren are, in fact, secure, but many ensure we have a stable agriculture sters who come to this country every States have not. labor force is to pass AgJOBS. year. Many of them—at least up to a The amendment also requires that Our bill will stabilize the labor short- recent point—were held in detention wherever possible, these children are age on our farms by allowing undocu- facilities for unlimited periods of time. returned to their place of origin if mented farm workers who have worked They don’t speak the language, they there is a family member who can rein agriculture and agree to continue to have no friends, they have no guard- ceive them. So a juvenile is sent home work in agriculture for 3 to 5 years to ians, and they have no one to represent if there is a suitable placement for that earn a Z–A visa and eventually a green them. Often, they are sexually abused. child. If not, another appropriate place- card. This will create a path to earn It is a real problem. ment must be secured for that child. legal status for those ag workers al- This amendment is the same as a bill I think this legislation is very good ready in the country. that passed the Senate last year by legislation. As I said, it has passed the Secondly, AgJOBS will streamline unanimous consent. There are a few Senate before. We have amended it to the H–2A program so that it is usable, changes, and those changes remove comply with bills that have passed the so that growers and farmers can have provisions that were contained in the Senate, and I am very hopeful that this access to a consistent supply of tem- previous version that are no longer amendment might even pass by unani- porary workers in the future. necessary because of changes in agency mous consent today. AgJOBS is a bipartisan bill that practices to bring this bill in line with I will not ask for the yeas and nays needs to be enacted to ensure that other laws, and to require promulga- at this time. farmers, growers, and farm workers tion of regulations and reporting of I do not see Senator MARTINEZ in the can continue to provide Americans statistics on children affected by this Chamber at this time, so I yield the home-grown, safe and healthy produce. bill. floor. Immigration reform is certainly a Now, in the Homeland Security Act, The PRESIDING OFFICER. The Sen- difficult area to tackle, but this bill the responsibility for the care and ator from Massachusetts.

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6522 CONGRESSIONAL RECORD — SENATE May 23, 2007 Mr. KENNEDY. Mr. President, I will be possible at this point to address The legislative clerk read as follows: not take much time. I commend and three amendments that have been of- The Senator from New Hampshire [Mr. thank the good Senator from Cali- fered and dispense with them? GREGG] proposes an amendment numbered fornia. This is an extraordinary hu- The PRESIDING OFFICER. The Sen- 1172 to amendment No. 1150. manitarian need. I have listened to the ator from Massachusetts. Mr. GREGG. Mr. President, I ask Senator from California on the floor, I Mr. KENNEDY. Mr. President, if the unanimous consent that the reading of have listened to her in committee, and Senator will yield, I ask unanimous the amendment be dispensed with. I have listened to her at hearings. This consent that the previous incomplete The PRESIDING OFFICER. Without is a matter of enormous importance. It voice vote on amendment No. 1173 be objection, it is so ordered. relates to minors, children, vulnerable vitiated and the amendment be agreed The amendment is as follows: people, and the record of exploitation. to. This is the Graham amendment. (Purpose: To ensure control of our Nation’s This amendment is well thought out. The PRESIDING OFFICER. Without borders and strengthen enforcement of our She has had strong bipartisan support objection, it is so ordered. immigration laws) for it. In the past, there has not been The amendment (No. 1173) was agreed Strike section 1 and insert the following: objection to this amendment. I know of to. SECTION 1. EFFECTIVE DATE TRIGGERS. no objection to it. It is an extremely Mr. KENNEDY. I had hoped we could (a) IN GENERAL.—With the exception of the probationary benefits conferred by section worthwhile amendment. voice vote the amendment of the Sen- ator from California. I have been noti- 601(h) of this Act, the provisions of subtitle I have spent a good deal of time com- C of title IV, and the admission of aliens mending her and talking about the fied that we cannot voice vote it, so we under section 101(a)(15)(H)(ii) of the Immi- amendment, but she has done an excel- will have to have a rollcall vote on gration and Nationality Act (8 U.S.C. lent job in its presentation. I certainly that amendment. I believe the Senator 1101(a)(15)(H)(ii)), as amended by title IV, the hope we will accept this amendment. I from California is prepared to go programs established by title IV, and the believe we are prepared to accept it. ahead. programs established by title VI that grant The PRESIDING OFFICER. The Sen- Mr. GREGG. Mr. President, will the legal status to any individual or that adjust ator from Arizona. Senator from Massachusetts yield for a the current status of any individual who is Mr. KYL. Mr. President, I have 1 question? unlawfully present in the United States to minute of comments to make on the Mr. KENNEDY. Yes, I will be glad to that of an alien lawfully admitted for permanent residence, shall become effective on the amendment of the Senator from South yield for a question. date that the Secretary submits a written Carolina, and then I wonder if we can Mr. GREGG. I understand I am next certification to the President and the Con- proceed with the possibility of three in order to offer an amendment. gress, based on analysis by and in consulta- amendments being disposed of in quick Mr. KENNEDY. Yes. tion with the Comptroller General, that each order so that then the Senator from Mr. GREGG. If the Senator from of the following border security and other New Hampshire can begin with his Massachusetts is not ready to go to measures are established, funded, and oper- amendment. Senator FEINSTEIN’s amendment at ational: Let me make my comments about this time, I suggest I offer mine and (1) OPERATIONAL CONTROL OF THE INTER- the amendment offered by Senator then we do the two amendments in se- NATIONAL BORDER WITH MEXICO.—The Sec- retary of Homeland Security has established GRAHAM. I support this amendment be- quence. and demonstrated operational control of 100 cause it provides a deterrent to future Mr. KENNEDY. That is an excellent suggestion, if the Senator from Penn- percent of the international land border be- illegal immigration. While there are a tween the United States and Mexico, includ- great deal of statistics I would like to sylvania thinks it is a good idea. ing the ability to monitor such border cite, in the interest of time, let me Mr. SPECTER. Mr. President, I think through available methods and technology. make this point. it is an excellent idea. Do we have Sen- (2) STAFF ENHANCEMENTS FOR BORDER PA- There is a very interesting operation ator GRASSLEY’s amendment to voice TROL.—The United States Customs and Bor- going on right now in the Del Rio, TX, vote? der Protection Border Patrol has hired, sector, in something called Operation Mr. KENNEDY. I think we ought to trained, and reporting for duty 20,000 full- Streamline in which they actually do that in a few minutes. I am hopeful time agents as of the date of the certification under this subsection. have the jail space available to detain, we will be able to do it. I hope that request will be made either during or (3) STRONG BORDER BARRIERS.—There has for up to 180 days, illegal immigrants been— caught coming across the border. This after the debate on the amendment of (A) installed along the international land has been in operation now since 2005. the Senator from New Hampshire. border between the United States and Mex- Anyone caught entering the United Mr. SPECTER. Mr. President, that is ico as of the date of the certification under States illegally faces prosecution satisfactory. this subsection, at least— under this particular operation unless Mr. KENNEDY. So, Mr. President, (i) 300 miles of vehicle barriers; for humanitarian reasons they need to just before the Senator from New (ii) 370 miles of fencing; and be released. It has proven very effec- Hampshire begins, we are moving (iii) 105 ground-based radar and camera towers; and tive in reducing the number of cross- along. We are going to take up the amendment of the Senator from New (B) deployed for use along the along the ings in that area. The word has spread international land border between the very quickly to people in Mexico that Hampshire, and then it will come back United States and Mexico, as of the date of if they try to cross in this sector and to our side. We have several Senators the certification under this subsection, 4 un- they are caught, they are not just who have indicated a desire to offer an manned aerial vehicles, and the supporting going to be returned home, they are amendment. Then I believe it will go systems for such vehicles. going to spend time in jail. That to- back to the other side, and I believe (4) CATCH AND RETURN.—The Secretary of tally disrupts their lives. They cannot Senator CORNYN has an amendment. Homeland Security is detaining all remov- afford not to be back working some- That is how we will proceed. We intend able aliens apprehended crossing the inter- to go back and forth. We have quite a national land border between the United place, either in their own country or in States and Mexico in violation of Federal or the United States. As a result, the list here. We are making progress. I am State law, except as specifically mandated word has spread quickly: Don’t try to grateful for all the cooperation we have by Federal or State law or humanitarian cir- cross in that sector or you are going to had. cumstances, and United States Immigration go to jail. I yield the floor. and Customs Enforcement has the resources As a result, I think the amendment The PRESIDING OFFICER. The Sen- to maintain this practice, including the re- of the Senator from South Carolina is ator from New Hampshire. sources necessary to detain up to 31,500 very well taken. It will provide a deter- AMENDMENT NO. 1172 TO AMENDMENT NO. 1150 aliens per day on an annual basis. rent for future illegal crossings into Mr. GREGG. Mr. President, I ask (5) WORKPLACE ENFORCEMENT TOOLS.—In the United States. And that is what unanimous consent to set aside the compliance with the requirements of title III of this Act, the Secretary of Homeland Secu- this legislation should be all about, the pending amendment, and I call up my rity has established, and is using, secure and stopping of illegal immigration. So I amendment, which is No. 1172. effective identification tools to prevent un- support his amendment. The PRESIDING OFFICER. Without authorized workers from obtaining employ- Mr. President, if I may address the objection, it is so ordered. The clerk ment in the United States. Such identifica- Senator from Massachusetts, would it will report. tion tools shall include establishing—

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6523 (A) strict standards for identification docu- we need so dearly in this country, un- the Coast Guard capability, and the de- ments that are required to be presented by less the American people can be con- tention bed capability so that we could the alien to an employer in the hiring proc- fident that the border is secure as the get operational control over the bor- ess, including the use of secure documenta- first condition of immigration reform. der. tion that— Throughout this period, as we have (i) contains— Thus, I think it was really a touch of (I) a photograph of the alien; and genius—and I don’t think I overstate been ramping up—and we have ramped (II) biometric data identifying the alien; or that—by Senator ISAKSON from Georgia up dramatically. We have come really (ii) complies with the requirements for to come up with this idea of a trigger from a marginal capability of control- such documentation under the REAL ID Act over a year ago so that it would be ling the southwestern border to a capa- (Public Law 109-13; 119 Stat. 231); and clear that the precondition of major bility that is quite high, and we are (B) an electronic employment eligibility immigration reform would be that the making dramatic strides every day in verification system that is capable of border would be secure, especially the that area. The numbers that are nec- querying Federal and State databases in southwestern border. I congratulate essary were fairly well vetted as we order to restrict fraud, identity theft, and use of false social security numbers in the Senator ISAKSON for that initiative, stepped with intensity into this process hiring of aliens by an employer by electroni- and it is included in this bill in concept 3 or 4 years ago. The numbers in this cally providing a digitized version of the in that the trigger is in place. bill, therefore, should reflect what was photograph on the alien’s original Federal or The concern I have is that the ele- the consensus position at that time State issued document or documents for ments which exercise the trigger, so and what I continue to believe is the verification of that alien’s identity and work that we then move on to the policies of consensus position as to the type of re- eligibility. this bill relative to other elements of sources and the number of people they (6) PROCESSING APPLICATIONS OF ALIENS.— immigration reform, such as the guest need and the type of support they need The Secretary of Homeland Security has re- worker program, making sure we have ceived, and is processing and adjudicating in on the border to gain operational con- a timely manner, applications for Z non- adequate employer verification, doing trol of the border. immigrant status under title VI of this Act, the things that are necessary in the This bill we are dealing with calls for including conducting all necessary back- area of creating more capacity for peo- 18,000 Border Patrol agents, of whom it ground and security checks required under ple to come into this country who are is assumed 16,000 will be boots on the that title. qualified in the area of skills, those ground on the border. It calls for some- (b) SENSE OF CONGRESS.—It is the sense of elements are subject to a trigger today thing like 21,000 detention beds. It calls Congress that the border security and other which is in this bill, and I believe the for something like 70 towers where we measures described in subsection (a) shall be specifics around that trigger do not do virtual fence activity. We just let completed as soon as practicable, subject to the necessary appropriations. lead, unfortunately, to what we want, out a contract called SBInet, the pur- (c) PRESIDENTIAL PROGRESS REPORT.— which is a secure border. It is a move- pose of which is to replace a program (1) IN GENERAL.—Not later than 90 days ment down the road, but it is a move- which was a total failure, which would after the date of enactment of this Act, and ment down the road which appears in put an electronic surveillance system every 90 days thereafter until the require- some way to have been set not on the along the border. That SBInet is a fair- ments under subsection (a) are met, the basis of what is necessary for control- ly complex technological initiative President shall submit a report to Congress ling the border but on the basis of what which involves ground sensors, visual detailing the progress made in funding, would be necessary to make sure the sensors, and heat sensors, and it in- meeting, or otherwise satisfying each of the requirements described under paragraphs (1) operative part of this bill goes into ac- volves unmanned aerial aircraft to through (6) of subsection (a), including de- tion or occurs within 18 months of pas- cover that part of the border which tailing any contractual agreements reached sage of the bill. cannot be effectively and should not be to carry out such measures. So it seems that the numbers which covered with physical fencing. It is a (2) PROGRESS NOT SUFFICIENT.—If the Presi- have been put down in this bill relative complex initiative, but it is one which dent determines that sufficient progress is to how many Border Patrol agents we will work, we hope, and one which we not being made, the President shall include need, how many detention beds we are well down the road toward doing. in the report required under paragraph (1) need, relative to how many observation But for it to work effectively and for it specific funding recommendations, author- facilities we need along the border for ization needed, or other actions that are or to be properly built, the amount of re- should be undertaken by the Secretary of a virtual fence, relative to other struc- sources that needs to be committed to Homeland Security. tural needs of the southern border con- it exceeds by a factor of about 30 per- (d) GAO REPORT.—Not later than 30 days trol, those elements were not defined cent what is in this bill. The same is after the certification is submitted under in terms of what would lead ultimately true in the area of Border Patrol subsection (a), the Comptroller General shall to full security and operational control agents and in the area of detention submit a report to Congress on the accuracy of the southwestern border, but those beds, although less is needed. of such certification. elements were defined as to what was So what I have done in this amend- Mr. GREGG. Mr. President, the es- perceived as being doable in the next 18 ment is essentially propose that we sence of this bill for most Americans, I months. take the numbers that we know are believe, is the need and the desire to The difference between what is nec- necessary to gain operational control secure the border, to make sure that essary for operational control of the over the border and put those numbers people coming across our border are border and what those numbers are is into this bill. And that we allow the coming across legally, that we know not dramatic, quite obviously, but it is trigger, which is this exceptional idea who they are, and that we are able to significant, very significant. I had the Senator ISAKSON came up with, to func- manage our border. good fortune for a number of years to tion off those numbers, rather than It is a national disgrace that we have chair the Homeland Security Sub- backing into the trigger by using the been unable to control the illegal flow committee of the Appropriations Com- number of months which we think we of people into our country, especially mittee, and I served on it for a long want to use before we move on to the the massive illegal flow of people time. So I do believe I am fairly famil- rest of the bill. across the southwestern border into iar with this issue, as familiar, prob- The difference, as I said, is not dra- this country. So I don’t believe there is ably, as anybody in this body with this matic, significant but not dramatic. really ever going to be a consensus issue since there were a number of ini- For example, instead of 18,000 border around major immigration reform, tiatives which I began both as a chair- agents—we had a lot of testimony, a which I happen to strongly support. man of the Commerce-State-Justice lot of discussion, and the head of the I supported last year’s bill introduced Subcommittee, which was a precursor Border Patrol at the time, Robert Bon- by Senator KENNEDY and Senator to the Homeland Security Sub- ner, said he needed 20,000 agents on the MCCAIN. I support the effort this year committee, and then as chairman of border—not 16, 20. So there is a 2,000 in concept, although I still want to see the Homeland Security Subcommittee agent difference. Now, the issue will be how it is going to end up in detail. But which were targeted directly on the hiring, the issue will be how quickly there will never be a consensus support issue of upgrading the Border Patrol you can work them through the system for major immigration reform, which capability, the port control capability, and bring them on board.

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6524 CONGRESSIONAL RECORD — SENATE May 23, 2007 The issue is attrition. But the fact is, It also eliminates the arbitrary lan- the resources they need in the area of that is the number where there was guage in here which is a sense of the a virtual fence and regular fencing in consensus, pretty much, that we need- Senate that everything has to be done order to adequately control the bor- ed in order to get the right number of within 18 months. As I mentioned, if der—not adequately, but to have actual agents on the Southwest border—20,000; you look at these numbers, you can see operational control over the border. so 2,000 additional agents over what the basically what happened here, I sus- I hope this amendment would be ac- bill calls for. pect, was somebody said, what numbers cepted. This is an amendment which In the area of detention beds, the bill can we be absolutely sure we are going toughens up our commitment to border calls for 21,000. We are already headed to hit in 18 months so we can exercise security and it does it in the context of well past that with the appropriations the trigger and the numbers? They what is an idea that makes a lot of process, so that was almost picking a were good numbers that were put in, sense, which is the Isakson trigger and, number that was already done. It is but they weren’t the numbers there therefore, it is, in my opinion, a sig- like saying we are going to approve had been consensus built around 2 nificant effort to improve the bill and this event, the trigger will occur if the years ago, 3 years ago, even as recently give people the confidence that when Sun comes up in the east. The Sun was as 1 year ago, that were needed in order we pass this immigration reform, it going to come up in the east. The fact to actually gain operational control of will have as its first element our abil- is 21,000 beds is not enough. We know the border. So this amendment simply ity to make sure we know who is com- that. We know we need closer to 30,000 says, let us use the trigger mechanism. ing into this country, especially across beds in order to have the adequate de- It is an excellent idea, and let’s take it the Southwest border. tention capability to stop completely forward but use it as a real trigger that Mr. President, I yield the floor, and I the catch-and-release issue, which is a functions off of numbers that we know, suggest the absence of a quorum. huge issue. if they are in place, will create oper- The PRESIDING OFFICER (Mr. There are a couple of amendments ational control and which will not un- WHITEHOUSE). The clerk will call the that have already been offered. I think duly delay the execution of the rest of roll. Senator GRASSLEY has offered that this bill. The legislative clerk proceeded to amendment. I am not sure of that, but With proper resources, almost every- call the roll. certainly Senator GRAHAM’s amend- thing I have proposed in my amend- Mr. GREGG. Mr. President, I ask ment, which was just accepted, is re- ment could be accomplished fairly unanimous consent that the order for lated to that point. So instead of 21,000 quickly. It is more than a statement of the quorum call be rescinded. beds, the number I have put in my commitment to operational control; it The PRESIDING OFFICER. Without amendment is 31,000, which is the con- is a commitment to operational con- objection, it is so ordered. sensus position. Again, it is not hard to trol before the trigger gets pulled. In Mr. GREGG. Mr. President, I ask for get to 31,000 from 21,000 because we are addition, to make sure we are getting the yeas and nays on my amendment. already over 21,000, or we are headed the operational control we need, the The PRESIDING OFFICER. Is there a over 21,000. We can certainly get well amendment has an independent review sufficient second? above that number fairly quickly. by the Government Accountability Of- There appears to be a sufficient sec- In fact, 21,000 may be wrong. Maybe fice of the effort by the Department to ond. the bill calls for 27,000. I apologize. The meet these different benchmarks so we, The yeas and nays are ordered. number here is 27,000. Somewhere I had as a Congress, will know when there is Mr. GREGG. Mr. President, I suggest seen 21,000, but if it is 27,000 the bill a certification that the benchmarks the absence of a quorum. calls for, we are only asking for an- have been reached, the benchmarks ac- The PRESIDING OFFICER. The other 4,000 beds in order to accomplish tually will have been reached and they clerk will call the roll. the goal that was agreed to in order to will have been reviewed by an inde- The legislative clerk proceeded to reach the capacity to handle people pendent group, specifically the Govern- call the roll. coming into this country and not have ment Accountability Office, to confirm The PRESIDING OFFICER. The Sen- to release them and ask them to come they have been reached. ator from Massachusetts. back, which they do not do, for their The amendment’s purpose is to ac- Mr. KENNEDY. Mr. President, I ask hearings. complish what the bill wishes to ac- unanimous consent that the order for In addition, on the virtual fence side complish. The purpose of this amend- the quorum call be rescinded. and on the hard fencing side, this ment is to make sure the first step in The PRESIDING OFFICER. Without amendment doesn’t call for any addi- this effort of immigration reform is to objection, it is so ordered. tional hard fencing. The hard fencing secure specifically the Southwest bor- AMENDMENT NO. 1146 language is 370 miles. I happen to be- der so we have a situation where people Mr. KENNEDY. The Senator from lieve that is probably as close to the are not continuing to cross into this California, Mrs. FEINSTEIN, had an number as we need. Hard fencing is country illegally after we have passed amendment. I understand now that we needed in urban areas, but most of the immigration reform—or at least there are prepared to voice-vote that amend- border is not urban. In the nonurban is a clear roadmap which will get us to ment. areas, hard fencing is not functional the resources and the number of people The PRESIDING OFFICER. The Sen- and doesn’t add a whole lot to our secu- we need on the southwestern border to ator from Pennsylvania. rity or to our ability to control the assure people won’t be coming into this Mr. SPECTER. Mr. President, the border. But we do need additional vehi- country illegally along that border be- Feinstein amendment has been cleared cle barrier fencing, probably another cause we will have the necessary sup- on this side of the aisle. I agree with 100 miles over what this bill calls for, port to accomplish that. It is, I believe, Senator KENNEDY, we can voice-vote it. which is 200 miles, which is already in an extremely reasonable amendment. The PRESIDING OFFICER. Is there place and we are headed toward, so this Ironically, the numbers in this further debate on amendment No. 1146? calls for 300 miles of vehicle fencing, amendment have been offered from the The question is on agreeing to which was what we agreed to back other side of the aisle on numerous oc- amendment No. 1146. when we did the Safe Border Initiative. casions, or pretty close to these num- The amendment (No. 1146) was agreed On the virtual capability, this bill bers, by Senators who feel, as I do, that to. calls for 70 towers. Well, we are already the border needs to be secure. I would AMENDMENT NO. 1172 headed toward 70 towers. We know we note especially Senator BYRD has had a Mr. KENNEDY. Mr. President, now can build 70 towers, but 70 towers isn’t number of amendments right along we have the Gregg amendment that is what we need to make the system this course where he has said, let us do pending; am I correct? work. We need significantly more than what we have to do in the area of re- The PRESIDING OFFICER. The Sen- that. We believe, within a reasonable sources to assure that Homeland Secu- ator is correct. timeframe, we can build 105 towers, rity has the people they need in Border Mr. KENNEDY. Mr. President, I will which would have us on track, so this Patrol agents, has the resources they say a brief word about this amend- language calls for 105 towers. need in the area of detention beds, has ment. If others want to say a word

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6525 about it, that is fine. Then I intend to want to come in will build a 51-foot against the Gregg amendment. There is make a motion to table it. high ladder. That happens to be the broad agreement among all Members Mr. President, the Judiciary Com- fact. That is why we have heard from who have been working on this reform mittee, long before we developed this those who have been involved in na- package that we need to secure the legislation, had extensive hearings tional security and border security who border. Indeed, when you look at what about border security. We listened to say: You need the comprehensive ap- Secretary Chertoff has said we need to Secretary Chertoff speak. We listened proach that is the underlying bill. do to secure the border, he has said we to him both in open session and in I think the Gregg amendment will need to do a number of different things closed session. delay the opportunity for us to do the which we have incorporated in this leg- I am convinced those recommenda- underlying kind of effort to which we islation. We call for 18,000 Border Pa- tions were the best information that have been committed. I think, there- trol agents. We call for 370 miles of we had in terms of our border security fore, we should not accept that. fencing, 200 miles of vehicle barriers, 70 and they are incorporated in this legis- The PRESIDING OFFICER. The Sen- ground-based radar and camera towers, lation. ator from Pennsylvania. 4 unmanned aerial vehicles, new check- It is a reflection of a bipartisan effort Mr. SPECTER. Mr. President, I urge points and ports of entry, and a host of to make sure that we are going to do my colleagues to vote against the other things. Those numbers were not everything that is necessary and can be amendment by the Senator from New just picked out of the sky and put into done to provide a secure border. We are Hampshire. The changes he makes are this bill; those are the numbers the using the latest in technology. They only modest in nature. I think they are Secretary of Homeland Security said are using the fence areas where they not directed to accomplish a signifi- we need in order to secure the borders. believe that is appropriate and have cant change: from 1,800 Border Patrol He has been a constant presence in the the support to do it. agents to 2,000; from 200 miles of vehi- fashioning of the immigration reform They are using the latest in terms of cle barriers and 70 ground-based radar proposal that is before the Senate. The aerial drones, the latest in terms of and camera towers, he moves for 300 Gregg amendment essentially would barriers that are out there. All of the miles and 205 ground-based radar and derail the triggers that have been set latest in technology will be used in camera towers. up and is inconsistent with what we terms of securing our border. He changes the detention service have heard from the Department of Now, the Senator from New Hamp- from 27,500 to 31,500, and a change in Homeland Security. shire says he wants additional kinds, some additional protection. I join Senator KENNEDY and Senator as well as dramatic increases, in the This has been very carefully cali- SPECTER and my colleagues in urging a total number of Customs agents. brated. We are looking for an 18-month ‘‘no’’ vote on the Gregg amendment. What we have to understand, what period for the completion of these trig- Mr. KENNEDY. Mr. President, I see has been clear since we have started gers. The Secretary of Homeland Secu- the Senator from New Hampshire. I this whole kind of a process is, if we rity, Michael Chertoff, has assured us, would be glad to withhold if the Sen- are going to control our border, as we in testimony before the committee and ator wanted to address the Senate; oth- have heard from Homeland Security, in the extensive negotiations, that erwise, I will make a motion to table the leader of Homeland Security, it has these are realistic. We have questioned the Gregg amendment. to be comprehensive. Secretary Chertoff about whether it Mr. GREGG. Mr. President, I appre- You have to have a secure border, but can be done within this period of time ciate the Senator’s courtesy. I wish to you also have to have some oppor- because they are conditions precedent. respond briefly to the points which tunity to have a border which permits Until these barriers and fencing and were made. individuals to be able to come through Border Patrol agents are in place, the The numbers in this bill are numbers the front door if you are going to help balance of the bill cannot go forward. which are a fait accompli. They are them. That is the assurance to those who numbers which we already know we What I mean is, you are going to wonder if we are serious about securing will reach within the next 18 months, if have to complete this in a timely way. our borders before going ahead with we stay on the appropriations path If we just think we are going to be able the other parts of the program. We do which was set up by myself and Sen- to delay the completion of a com- not want to tamper with what the Sec- ator BYRD 2 years ago, but they are not prehensive program, which the Gregg retary has articulated. The additional the numbers on which there was con- amendment will do, we are going to requirements obviously will take sensus needed in order to bring oper- find out the borders are going to con- longer to complete. We have this bill in ational control to the borders. They tinue to be penetrated over the foresee- place. I urge my colleagues to stay are not those numbers. They are good able future. That just happens to be with the negotiated arrangement and numbers. They are a-step-in-the-right- the fact. direction numbers. That is why we We made those points at the time to to reject the Gregg amendment. The PRESIDING OFFICER. The Sen- funded them and put in place a path to those who have said they want to abol- ator from Massachusetts. continue to fund them. But there was ish or close out a temporary worker Mr. KENNEDY. Mr. President, I absolute consensus—and don’t let any- program. If you think you can build a move to table the Gregg amendment body come to this floor and say some- border and have border security there and ask for the yeas and nays. thing else—that the numbers for gain- and have no opportunity for any indi- Mr. SALAZAR. Will the Senator ing control over the border are dif- viduals to be able to come in legiti- withhold? ferent than these numbers. If they mately, you have not listened to the Mr. KENNEDY. I will. weren’t, then we wouldn’t have let the record and you have not listened to the The PRESIDING OFFICER. The Sen- contract on creating the virtual fence, testimony and you have not listened to ator from Colorado. because the numbers in this bill do not those who have been responsible for na- Mr. SALAZAR. Mr. President, what come anywhere near the completion of tional security. is the parliamentary situation? the virtual fence. They say you have to have some oppor- The PRESIDING OFFICER. The The numbers in this bill do not come tunity for individuals to choose the more pending question is the Gregg amend- anywhere near what is needed to have hopeful aspect rather than risk their lives the detention beds necessary to com- out in the desert. Now, with the Gregg ment No. 1172. amendment, what that will do is effectively Mr. SALAZAR. I ask unanimous con- pletely end catch and release, nor do ensure that we are denied a temporary work- sent to speak for 2 minutes against the they reach the numbers necessary to er program, we are denied the opportunity to Gregg amendment. have the number of people on the bor- have any chance for individuals to come The PRESIDING OFFICER. Without der necessary to control the border. through the front door. objection, it is so ordered. The Commissioner of Customs, Mr. As Governor Napolitano pointed out Mr. SALAZAR. Mr. President, I join Bonner, made it very clear in testi- very clearly in her record materials my colleagues, the floor managers of mony 3 or 4 years ago that they needed that we have used previously, if you this bill, Senators Kennedy and Spec- 20,000 agents on the ground on the bor- build a 50-foot high fence, those who ter, in urging our colleagues to vote der.

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6526 CONGRESSIONAL RECORD — SENATE May 23, 2007 This amendment hasn’t asked for a border. This simply calls for those re- very doable event. The detention beds radical change from what the bill sug- sources to be consistent with what the are certainly doable because you can gests. It says the bill makes a great testimony has been over the last few actually, if you can’t build them—of stride, but if we are to use the Isakson years as to what is needed in order to course, what we should be doing is put- trigger effectively, which we want to— accomplish that. ting up tent cities, which we are doing, and the purpose of the trigger is to The great irony is less than 6 months but in any event, you can contract make sure the border is secure before ago, we passed the Safe Fence Act. The them out, potentially. We are talking we move to the next step in the bill— Safe Fence Act essentially put in place another 2,000 beds. The border agents is then we have to have the resources on the mechanism which got us to these an issue, but if it is going to be an the border to accomplish that security. numbers. The Safe Fence Act called for issue at 18,000, it will be an issue at The resources necessary to do that are this action. The Safe Fence Act got 92 20,000. Hiring border agents has become 20,000 agents, which is an increase of votes. It seems to me if 6 months ago a function of finding the people we 2,000 over what the bill calls for; the we believed these were the numbers know we want to do the job. But it is addition to 31,000 beds is an increase of that should be used for fencing—and still very doable within that time- about 2,500 over what the bill calls for; that is one element of it—how can we frame. an additional 100 miles of vehicle bar- change 6 months later and say: We are I am not sure it will delay it at all. rier over what the bill calls for; and going to step back from that and that I suspect you could still do all this within a timeframe we believe is rea- is not the number we need in order to within 18 months, but there should not sonable, so you could still hit the 18 have the trigger occur? If this were a be a set series of months at the end of months or be close to it, not 70 towers dramatic shift, a radical shift, an un- which we are going to say: OK, we have of virtual fencing, which is where the dermining shift in the exercise of this operational control of the border, and communications and the optics will be bill, I would say, fine, oppose it; it is an we can move on to the next things. operated out of, but 105. That won’t be attempt to kill the bill. But just the What we should have, rather, is a set of the end of the towers, but that would opposite is the case. I am one of the very determinable benchmarks which be enough to allow operational control few people on my side of the aisle who will allow us to say that benchmark over the border. actually voted for the Kennedy-McCain has been met and there is consensus This is not dramatic or radical. It is bill the last time it came through here. that that benchmark will accomplish not even a grand change from what the I am on record and my commitment is what we say it will. In this instance, bill suggests. It is simply a change that to do immigration reform. that is the issue of operational control meets the conditions which we know I also know the American people will of the border. are necessary in order to give oper- not be sold on the idea that we are So I would hope people would not ational control over the border. The going to do immigration reform until vote to table this amendment. I would point which this amendment makes is they are confident our border is secure, note that many Members on the other that operational control of the border especially the southwestern border side of the aisle have voted for these should not be determined by an arbi- where the vast numbers of people are types of resources in the past, when the trary number of months going by—in coming in illegally. The northern bor- amendment had been offered by Sen- other words, if 18 months go by, we will der is a whole other issue and a serious ator BYRD. So you may want to ask lose operational control over the bor- one, especially from the view of ter- yourself, are you going to be consistent der. It should be set by the resources rorism. But on the southern border, if you vote against this one? being in place on the border which will people want it stopped. They want to But, more importantly, I think you limit the ability of people to come know there are in place the resources have to ask yourself, are these across the border illegally. That is to allow us to control that border be- changes—an additional 2,000 border what this language does. How much fore we take the next step into immi- agents, an additional 100 miles of vehi- more will this language cost than what gration reform, which next steps are cle barriers, an additional 2,500 beds— the bill costs? About $700 million more. critical and necessary. That is, of so onerous that they are deal killers? If That certainly should be within the course, the genius of the Isakson trig- that is the case, then this bill must be funding capabilities of the Appropria- ger for which he deserves great credit, dead because we just passed an amend- tions Committee. In fact, if the admin- and which this language will essen- ment to cut the number of temporary istration wanted to, they could send up tially make more effective because it workers in half. Now, that is a serious a supplemental to accomplish that. accomplishes the underlying goal of issue. This is taking procedure and put- That is a very doable event. the trigger mechanism. ting it over policy when you take that Then it has a second condition, which How long will this delay over the 18 position to the extreme. is, it simply says the certification that months, which appears to be the arbi- So I hope Members will support this these numbers have been met shall be trary number? In fact, a sense of the amendment. If the Senator from Mas- reviewed by GAO. I do think as a Con- Senate in this bill says everything has sachusetts is inclined to move forward gress we would want that independent to be done in 18 months. How long will at this moment, I have no problem. review. That is reasonable. these numbers I have suggested we The PRESIDING OFFICER. The Sen- It takes the number of Border Patrol meet, which aren’t my numbers but are ator from Massachusetts. agents up by 2,000 and gets it to the numbers that have been around and on Mr. KENNEDY. Mr. President, I will number that was agreed to as being which there was consensus before this include in the RECORD the Homeland needed. It takes the number of beds up bill came out of committee or came Security proposal that was shared with by about 2,500 and gets the number out of the working group—it never the members of the committee. We which was agreed to. It takes the num- came out of committee, obviously— asked what was going to be necessary ber of vehicle barriers up by 100 and came out of the working group around for secure borders. I have in my hand gets to the number that was contracted which there was so much consensus the proposal of Homeland Security. for. It does not change the fencing re- last year that we had a 92-to-2 vote on That is what we have included in this quirement. It keeps that at 370 miles. the Safe Fence Act, how much will legislation, their recommendations. I It adds 35 towers for the virtual fence, that extend that time period beyond 18 am sure we could always do more and which is what the contract called for. months? Actually, it might not extend more and more, but what we have done To represent this is some sort of it at all. is taken what has been the rec- amendment which therefore fundamen- With proper dollars, Homeland Secu- ommendations of Homeland Security tally undermines the core agreement is rity could probably do all of these in each and every one of these areas. absurd on its face. The core agreement things within the next 18 months. Cer- They have made it very clear that in was, we would put in place, using the tainly, they could do the extra hun- carrying forward and reaching these Isakson trigger, which was a stroke of dreds of miles of vehicle barrier. I am recommendations it is going to take a genius for resolving this issue, re- told they can do the extra 35 towers combination of different elements. It is sources on the border which would without the contractor. We have talked going to take their own kind of man- allow for operational control of the to the contractor. He thinks that is a power to be able to reach this. It is

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6527 going to take the technology to be able processing requirements above the current pression, I regret it. I say to the Sen- to reach it—over what period of time in Application Service Center (ASC) capacity. ator from New Hampshire, we have terms of the contracting, and all the Not every applicant will require an adju- been longtime friends, and we have dication interview (based upon S. 2611 re- rest. been trying to have a process of mov- But as to what was necessary in quirements—currently constructing plans for interview of all applicants). ing this along. I had not known, at terms of securing the border, that was TWP applicants will be screened against least on our side, we had other people it. We are all for it. This is what they all relevant security checks. prepared to speak. I had not heard told us. That is what we have accepted. USCIS will receive the funding and re- there were others who were prepared to We have gone over the list. I will make sources necessary to upgrade systems infra- speak on the other side. So that was it part of the RECORD. It goes over the structure to handle increased processing de- basically the reason for moving ahead. numbers of hires, going all the way mand. Funding must be made available to But I am glad to withdraw the mo- DHS at least 6 months before applications into the Border Patrol agents. They tion, as I was earlier. I would hope the come into the whole issue of border can be accepted. Mr. KENNEDY. Mr. President, I now Senator would understand, and we barriers and surveillance, the number move to table the amendment of the would hear from the Senator, if he so of miles each year planned, what they Senator from New Hampshire. desires. We want to, at some time, believe is necessary. They review what Mr. GREGG. Mr. President, I make a reach some judgment on the amend- they believe is the timeline for the point of order a quorum is not present. ment, but I am glad to work that out catch and return, the number of beds Mr. KENNEDY. Mr. President, I with the Senator, as I have tried to that are going to be necessary. They go would make a motion to table the over the years. through the various milestones, the amendment of the Senator—— Mr. GREGG. Mr. President, I appre- start-up costs, the actual recurring Mr. GREGG. Mr. President, I will ciate the courtesy of the Senator from costs. make a point of order a quorum is not Massachusetts, and I will take 2 min- They have outlined all of this in very utes to respond to his comment, and careful detail. That is what we have present. Mr. KENNEDY. From New Hamp- then I would be happy to have the Sen- done. Every Member of the Senate ator renew his motion. That was all ought to understand, these are Home- shire, and I ask for the yeas and nays. Mr. GREGG. I make a point of order the time I wished to use to respond— land Security’s recommendations to se- the issue being I had not been aware cure the border, and that is what we a quorum is not present, Mr. President. Mr. KENNEDY. Yeas and nays, Mr. the Senator was going to respond to have included in the legislation. It is my comment. But I did believe his always possible, I am sure, to be able President. The PRESIDING OFFICER (Mr. comments deserved a response, and to do more. We have done what was OBAMA). Is there a sufficient second? that is what I was seeking recognition recommended to secure it, and I think Mr. KENNEDY. Yeas and nays. to do at the time I was cut off. How- it is a very effective program. ever, I do appreciate the Senator’s Mr. President, I ask unanimous con- Mr. GREGG. Mr. President, a quorum courtesy. sent that the material be printed in the is not present. I make a point of order that a quorum is not present. In response to the specifics of the RECORD. Senator’s representations that the De- There being no objection, the mate- Mr. KENNEDY. The yeas and nays, partment’s position is that these num- rial was ordered to be printed in the Mr. President. The PRESIDING OFFICER. There is bers, as contained in the bill, will ac- RECORD, as follows: not a sufficient second. complish operational control of the STAFF ENHANCEMENTS FOR BORDER PATROL—GOAL: IN- The clerk will call the roll on the border, I find that to be entirely incon- CREASE BORDER PATROL AGENTS BY 6,000 BY DE- quorum. sistent and unsupportable, first, from CEMBER 31, 2008 The assistant legislative clerk called the testimony of the Department’s the roll. lower level individuals—who are in Projections FY07 FY08 FY09 Total Mr. KENNEDY. Mr. President, I ask charge of these agencies—before the Starting Onboard...... 12,319 14,819 17,819 18,319 unanimous consent that the order for Appropriations subcommittee which I Hires ...... 3,900 4,350 850 9,100 the quorum call be rescinded. chaired at the time, specifically, the Addition ...... 2,500 3,000 500 6,000 Attrition ...... 1,400 1,350 350 3,100 The PRESIDING OFFICER. Is there Director of the Border Patrol, Mr. Bon- End of Year Onboard ...... 14,819 17,819 18,319 ...... objection? ner, who made it very clear he needed Without objection, it is so ordered. 20,000 border agents; and, secondly, the STRONG BORDER BARRIERS AND SURVEILLANCE Mr. KENNEDY. Mr. President, if I fact they had let a contract which has [Dollars in millions] could have the attention of the Senator in it significantly more numbers in the from New Hampshire, we were nec- area of virtual fencing towers than are Total es- essarily absent during the earlier pres- in this bill. If they did not need those, timated FY06 FY07 Calendar cost entation by the Senator from New why did they have a contract which actual 1 planned year 08 FY06– Hampshire at a meeting with—— calls for them? FY08 The PRESIDING OFFICER. The Sen- So I think on its face the representa- Miles of primary fence ...... 75 +70 1 +225 $998M ator is advised that a motion to table tion of that proposal may be that is Miles of vehicle barriers ...... 57 TBD 200 $176M Ground-based radar and cam- has been made. It is not debatable. what they can do in 18 months, but it era towers (technology) ...... 0 TBD 70 2 $737M Mr. KENNEDY. I withdraw the mois not what they need to do for oper- Unmanned Aerial Systems (UAS) (A&M) ...... 1 +1 3+2 $85.6M tion to table. ational control. The PRESIDING OFFICER. Without The proposal I have is the numbers 1 Equals 370 miles total. 2 Reflects the fully loaded costs of the integrated technology solution, in- objection, it is so ordered. necessary to obtain operational concluding engineering, unattended ground sensors, communications, etc. Mr. KENNEDY. Mr. President, I was trol: 2,000 more border agents than 3 Equals 4 total UAS. under the impression we had gone called for in the bill, 2,700 more beds KEY ASSUMPTIONS OF TIMELINE through the debate and discussion. I than called for in the bill, 35 more tow- USCIS will publish regulations governing had indicated I was going to make a ers for virtual fencing than called for the TWP within 6 months of enactment, pur- motion to table. When the Senator in the bill, and 100 miles more of vehi- suant to expedited rulemaking authority. USCIS will begin accepting and adjudi- from New Hampshire came to the floor, cle fencing. cating applications 6 months after enact- I was glad to withhold as the Senator It is not outrageous, not incon- ment of the legislation. remembers. The Senator, as I under- sistent, not inappropriate, and will ac- USCIS will stop accepting applications 18 stood it, had finished his comments, tually strengthen this bill and make months after enactment. and I made brief comments. the American people believe we are A total of 12.5 million unauthorized aliens I am more than glad, if the Senator doing something constructive in the may be eligible for the immigration benefits wants to address the amendment. We associated with the TWP, of which approxi- area of border security. mately 93% are expected to apply for the have just been in the process of trying With that, I appreciate the courtesy program. to move along. I have no intention of of the Senator from Massachusetts in Additional temporary sites will be estab- cutting him off. We have not attempted allowing us to reopen the debate and lished, equipped, and manned to support to cut anyone off. So if he had that im- ask unanimous consent that further

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6528 CONGRESSIONAL RECORD — SENATE May 23, 2007 debate on this amendment be ended there a clear picture on whether you will be able to give an announcement and that the Senator be allowed to might expect additional rollcall votes about where we are. make his motion, which he has a right tonight or would they be debated to- Mr. CORNYN. Mr. President, if the to do anyway. night and held over until the morning? Senator from Massachusetts will yield, The PRESIDING OFFICER. The Sen- What do the bill managers anticipate? I am happy to offer my amendment to- ator from Massachusetts. Mr. KENNEDY. Mr. President, I night and wait to vote on it tomorrow, Mr. KENNEDY. I suggest the absence think we would like to try to at least if that suits the schedule of the bill of a quorum. get another vote, possibly two. I think managers. I wanted to offer that. I The PRESIDING OFFICER. The we will know more clearly in about 15 would like to offer it tonight and have clerk will call the roll. minutes and we will notify our col- the debate tonight, but if you would The assistant legislative clerk pro- leagues. I think we have made some like to stack the vote up with others ceeded to call the roll. good progress. We had several of our tomorrow, that is fine. Mr. KENNEDY. Mr. President, I ask colleagues—as always, these are enor- Mr. KENNEDY. If we could proceed unanimous consent that the order for mously important—from the Armed with the Senator from Tennessee for 5 the quorum call be rescinded. Services Committee and others. We minutes and the Senator from Iowa for The PRESIDING OFFICER. Without will probably have a brief window to- 10 minutes, and then we will announce objection, it is so ordered. morrow. what the plan is for the evening and for Mr. KENNEDY. Mr. President, I ask The Senator from Arizona, Senator the morning. I ask unanimous consent unanimous consent to vitiate the yeas MCCAIN, was here earlier and wants to to do that. and nays on the Gregg amendment. do an amendment on back taxes, and I The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there have indicated I thought we could objection, it is so ordered. objection? Without objection, it is so probably do that in the morning and The PRESIDING OFFICER. The Sen- ordered. we will try to work out a time with ator from Tennessee is recognized. Mr. KENNEDY. Mr. President, we are him. We are trying to follow going INTERNET TAX FREEDOM EXTENSION ACT OF 2007 prepared to vote. back and forth, but if there are people Mr. ALEXANDER. Mr. President, The PRESIDING OFFICER. The here from a particular party who are today, Senator CARPER and I intro- question is on agreeing to the amend- prepared to go ahead, we want to try to duced the Internet Tax Freedom Exten- ment. deal with that. sion Act of 2007. Other cosponsors were The amendment (No. 1172) was agreed I think we will have a limited time in Senators FEINSTEIN, VOINOVICH, and to. the morning. I don’t know when we are ENZI. All of those Senators have been Mr. KENNEDY. Mr. President, I going to get the supplemental, but I interested in this subject for the last thank the good Senator from New am hopeful we would have at least a few years. Hampshire. We continue to make window in the morning. The bill would, very simply, extend a progress. I thank him. I know his Mr. KYL. Mr. President, if I could in- moratorium on Internet access taxes strong views on this, and we will con- terrupt my colleague to give a couple by State and local governments for an- tinue to work on it as a matter of enor- of bits of further information, the next other 4 years. This is a commonsense mous importance. I know the Senator opportunity for an amendment should compromise of what can sometimes be from Arizona and others feel very be from the Democratic side. Senator a very complicated discussion about strongly. We want to have a secure bor- CORNYN is ready to proceed with an continuing the moratorium, without der. People have differing views, but we amendment, and also Senator blowing a hole in the budgets of State will work very closely to try and HUTCHISON has an amendment I think and local governments. achieve the objectives, and we will that is cleared on both sides that we We all want to be careful about so- work very closely with him as we go to could do by voice vote, when that is ap- called unfunded Federal mandates. We conference and in conference as well. propriate. But the next amendment want to respect State and local govern- We all understand this is a work in should come from the Democratic side. ments. But at the same time we want progress. My suggestion would be, while we are to create an environment that encour- Now, for the Members, I know Sen- deciding the immediate future ahead of ages technology. We believe this would ator CORNYN wanted to offer an amend- us, that Senator ALEXANDER be allowed do that. ment. As I understand it, he is still in to proceed on a matter that is unre- The background of all this is, briefly, the Armed Services Committee. We lated, and then we could go to the that originally Congress passed the were ready to go on our side. We had an Democratic side. Internet Tax Freedom Act in 1998, amendment of the Senator from North Mr. KENNEDY. That would be fine. I which did an extraordinary thing. It Dakota which is going to sunset the see the Senator from Iowa here who said State and local governments could temporary worker program. He is giv- wanted to make a comment as well. not tax Internet access for three years. ing thought to that. If he would like Mr. KYL. Mr. President, up to 5 min- That sounds like a good thing, but we to—I see Senator CORNYN is here now. utes for Senator ALEXANDER. could just as easily pass a bill we We may go out of sync here, but if we Mr. CONRAD. Mr. President, might I might call the food tax freedom act, wanted to go ahead with that—I see my inquire, is there any possibility of hav- because that would keep State and friend from Arizona. ing further debate tonight and votes in local governments from taxing food; or I yield the floor. the morning in lieu of additional votes because we are against income taxes, Mr. KYL. Mr. President, in order to this evening? we might say the income tax freedom take the next 10 minutes or so, my un- Mr. KENNEDY. That is always pos- act and ban Tennessee from having an derstanding is that Senator CORNYN sible. We would like to check with the income tax; or we might say the sales will be ready in a few minutes, but in leadership. Senator CORNYN has been tax freedom act, or the property tax the meantime, a couple of people have extremely patient through this process freedom act, or the telecommuni- been waiting patiently to speak for and has indicated at the start of the cations tax freedom act. But instead maybe no more than 5 minutes or so. I day that he would like to be able to ad- we created the Internet Tax Freedom think the Senator from Tennessee dress the Senate on an issue. He has Act, meaning, in effect, that States would like to do that. now returned. I would like to see if we could not tax Internet access. The ra- Mr. CONRAD. Will the bill managers can’t have maybe a short period here tionale was that the Internet and elec- yield for a question? and then I could try and make an as- tronic commerce is a fledgling indus- Mr. KENNEDY. Sure. sessment and let the Senator know. try, and Congress extended that in 2001. The PRESIDING OFFICER. The Sen- But I would be very hopeful that we In 2004, after extensive debate, we ator from North Dakota is recognized. would be able to address Senator COR- worked out a compromise extending Mr. CONRAD. Mr. President, for the NYN tonight, and then I could talk to this moratorium over the next 4 years. information of the body, could the Sen- the Senator from North Dakota and The compromise we worked out in ators give us some picture on the vot- Senator MCCAIN. If we can get those 2004, according to the National Gov- ing circumstances this evening? Is lined up for the morning, maybe we ernors Association, may have saved

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6529 State and local governments up to $12 The legislative clerk proceeded to The Senator from Texas [Mr. CORNYN] pro- billion in revenue. All of us want to call the roll. poses an amendment numbered 1184 to keep taxes low, but here is where I am Mr. SPECTER. Madam President, I amendment No. 1150. coming from. When I was Governor, ask unanimous consent that the order Mr. CORNYN. Madam President, I nothing made me angrier than for for the quorum call be rescinded. ask unanimous consent that further Members of Congress coming up with a The PRESIDING OFFICER (Ms. reading of the amendment be dispensed big idea to pass a law, take credit for CANTWELL). Without objection, it is so with. it, and send the bill to the Governors, ordered. The PRESIDING OFFICER. Without legislators, mayors, and county com- Mr. SPECTER. Madam President, I objection, it is so ordered. missions. That is what we will do if we believe we are now prepared to turn to (The amendment is printed in today’s are not careful about the Internet ac- the Cornyn amendment. RECORD under ‘‘Text of Amendments.’’) cess tax because, as we saw 4 years ago, The PRESIDING OFFICER. The Sen- Mr. CORNYN. Madam President, I telephone calls moved to the Internet. ator from Texas. know we are all anxious to proceed. No If we banned taxes on telecommuni- Mr. CORNYN. Madam President, is one is more anxious than I to proceed cations as part of Internet access, tele- there a pending amendment? with the hearing of amendments and phone calls over the Internet would be The PRESIDING OFFICER. There is. debate. I think colleagues will, when free from taxation. AMENDMENT NO. 1184 TO AMENDMENT NO. 1150 they hear what this amendment is That sounds good, except States (Purpose: Establishing a permanent bar for about—and I apologize that, due to the might have to increase college tuition, gang members, terrorists, and other crimi- legislative counsel being backed up increase sales tax on food, or some nals) drafting amendments, we have only re- States might have to put in, for the Mr. CORNYN. Madam President, I cently been able to distribute the first time, a State income tax. ask unanimous consent to set aside the amendment text, but I think as I de- Mr. President, $12 billion in revenue pending amendment, and I send an scribe this amendment, my colleagues is a lot of money. The definition of amendment to the desk and ask for its will share my concern with two prob- Internet access that is in this new com- immediate consideration. lems that are in the underlying bill. promise that Senator CARPER and I in- The PRESIDING OFFICER. Without First, this amendment would do two troduced on the moratorium would, for objection, the pending amendment is things: The amendment would provide the next 4 years, protect State and set aside. technical corrections to what I can local governments, while continuing Mr. SPECTER. Madam President, if only assume are drafting oversights in the moratorium on Internet access. It the Senator from Texas will yield for a the underlying bill as well as close is sensible. I think we will debate it question. loopholes in the current law. These more over time. Maybe it will even be We are trying to determine what is technical corrections include closing accepted by all parties. I wanted to sig- going to happen on the balance of the loopholes that fail to permanently bar nal on my behalf, Senator CARPER’s be- evening. Senators, understandably, at 6 from the United States and prohibit half, and on behalf of the National Gov- o’clock, are asking if there is going to awarding of any immigration benefits ernors Association, the National Con- be a vote this evening. I understand to the following categories of individ- ference of Mayors, and the National from our conversation in the cloak- uals: No. 1, persons associated with ter- Association of Counties, that we be- room that there are two Senators who rorist organizations; No. 2, violent lieve it is very important to do no are considering joining with you and gang members; No. 3, sex offenders; No. harm to State and local government. If you are not now prepared to enter into 4, alien smugglers who use firearms; we want to give a tax break to the tele- a time agreement. But if those Sen- and, No. 5, repeat drunk drivers. communications companies or to Inter- ators would come to the floor and let The question I put to my colleagues net companies, then we in Congress us know what they intend to do, we is whether Congress should perma- should pay for that and not send a bill will be in a position to see if we can nently bar from the United States and to State and local governments. vote. We wish to vote this evening, but from receiving any immigration ben- This avoids our having to do that be- we don’t want to keep people around efit the persons in the categories I have cause the moratorium carefully defines here if we are not going to vote. just described and others who are dan- Internet access to mean States are free Mr. CORNYN. Madam President, I gerous to our society. I sincerely hope to continue to make their own deci- agree with the distinguished Senator none of my colleagues would answer sions. This doesn’t mean States should from Pennsylvania and will certainly this question in the negative. attempt to tax the Internet; it means try to work to accommodate every- Let me point out a couple of exam- States may, if they choose, impose a body. It is not my intention to keep ples of what I will call the technical sales tax on Internet services, just as people hanging around here if we are fixes that are sorely needed. Current States may impose a tax on food, or on not going to vote, but I can’t enter into law prohibits U.S. citizens convicted of medicine, or on gasoline, or may im- a time agreement specifically yet until sex crimes against minors from bring- pose a tax on income. That is the job of we can get some people who are exam- ing a relative into the country. This State and local government. That is ining the amendment, the cosponsors bill, however, does not specifically pro- not the job of the Congress. who might wish to speak on it. hibit aliens who would be removed I am glad to join with Senators CAR- Mr. SPECTER. Maybe I could direct from the country because they are sex PER, FEINSTEIN, VOINOVICH, and ENZI in the question to the Senator from offenders and fail to register as such introducing the Internet Tax Freedom Texas. Would it be out of line to iden- from entering the United States and Extension Act of 2007. I am glad to ex- tify the Senators we have in mind so getting legal status, such as lawful per- tend a commonsense moratorium on we can direct them to the floor to get manent residence status. State and local taxation of Internet ac- this resolved? This, as I say, is what I believe to be cess, and I look forward to passage of Mr. CORNYN. I hate to identify them an oversight. Perhaps in the haste in that legislation before long. until they have made a decision to co- which the bill was drafted it has been The PRESIDING OFFICER. The Sen- sponsor the amendment or to speak on left out, but it needs to be fixed, obvi- ator from Iowa is recognized. it, because they may want to study in ously. (The remarks of Mr. HARKIN per- confidence and then make a decision The bill also retains a loophole under taining to the introduction of S. 1469 whether they want to cosponsor it or current law that would allow an alien are located in today’s RECORD under come to the floor. We are in commu- who has been repeatedly convicted of ‘‘Statements on Introduced Bills and nication with them, encouraging them. driving while intoxicated to remain in Joint Resolutions.’’) Mr. SPECTER. Madam President, the United States and get legal status, Mr. HARKIN. Mr. President, I yield they know who they are. We would ask such as a Z status or a green card. the floor, and I suggest the absence of them to come to the floor. The bill also retains the loophole in a quorum. The PRESIDING OFFICER. The current law that allows an alien who The PRESIDING OFFICER. The clerk will report the amendment. belongs to a terrorist organization, or clerk will call the roll. The legislative clerk read as follows: perhaps even committed terrorist acts

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6530 CONGRESSIONAL RECORD — SENATE May 23, 2007 and has not yet been removed from the The clerk will report. objections from the Bush administra- United States, to get legal status. The legislative clerk read as follows: tion and the authors of the bill now Now, lest my colleagues think I am The Senator from Vermont [Mr. LEAHY], pending, so I have worked with the exaggerating, let me provide a real- for himself, Mr. KOHL, Mr. CASEY, and Mr. managers of this bill to craft this com- world example of this loophole. Last SCHUMER, proposes an amendment numbered promise. year, Mohammed El Shorbagi pleaded 1165, as modified, to amendment No. 1150. This modification would enable dairy guilty to providing material support to Mr. LEAHY. Madam President, I ask farmers to have multiple avenues to Hamas. His act of providing material unanimous consent that the reading of employ legal workers in the future. support to Hamas would not have the amendment be dispensed with. First, under the H–2A program, dairy barred him from establishing good The PRESIDING OFFICER. Without farmers would have the ability to hire moral character under current law be- objection, it is so ordered. workers for a 3-year period after which cause it is not one of those grounds The amendment, as modified, is as time the workers would return home. specifically included in the list of acts follows: Second, this amendment would refine that prevent an alien from establishing In section 218E(d) of the Immigration and the H–2A program to allow dairy farm- ‘‘good moral character’’ under our im- Nationality Act (as added by section 404(a)), ers to more easily obtain workers migration laws. strike paragraphs (2) and (3) and redesignate under the normal H–2A time frame of Now, I would hope these what I would paragraph (4) as paragraph (3). 10-month work periods. In combination call technical fixes are the kinds of At the end of section 218E, add the fol- with available opportunities under the commonsense solutions my colleagues lowing: Y visa program, these changes should would support. We have to ensure those ‘‘(i) SPECIAL RULE FOR ALIENS EMPLOYED provide significant opportunities for aliens who have committed crimes, AS DAIRY WORKERS.—Notwithstanding any other provision of this Act, an alien admit- America’s dairy farmers to obtain fu- such as failure to register as a sex of- ted under section 101(a)(15)(H)(ii)(a) for em- ture legal workers to meet their needs. fender, or alien smuggling while using ployment as a dairy worker—— I urge support for this modified amend- a firearm, are permanently barred and ‘‘(1) may be admitted for a period of up to ment to ensure that essential changes ineligible for benefits. We must also 3 years; for dairy farmers become part of this ensure those aliens who have com- ‘‘(2) may not be extended beyond 3 years; legislation. mitted acts or who engage in conduct and Madam President, I thank the Sen- in association with a terrorist organi- ‘‘(3) shall not be subject to the require- ator from Texas for his courtesy. zation, or perhaps have even comments of subsection (h)(4). Mr. GRAHAM. Madam President, In section 218G of the Immigration and Na- mitted terrorist acts themselves, are tionality Act (as amended by section 404(a)), there is no objection on our side to this rendered permanently ineligible for strike paragraph (11) and insert the fol- amendment. any legal status and are barred from lowing: The PRESIDING OFFICER. The our country. ‘‘(11) SEASONAL.— question is on agreeing to the amend- Finally—and this is not a technical ‘‘(A) IN GENERAL.—The term ‘seasonal’, ment. fix; this, I believe, is a conscious deci- with respect to the performance of labor, The amendment (No. 1165), as modi- sion on the part of the bill drafters to means that the labor— fied, was agreed to. omit this category of individuals—my ‘‘(i) ordinarily pertains to or is of the kind AMENDMENT NO. 1168 TO AMENDMENT NO. 1150 amendment would close the loophole in exclusively performed at certain seasons or Mr. GRAHAM. Madam President, if I periods of the year; and this bill that allows legalization of ‘‘(ii) because of the nature of the labor, could request the indulgence of Sen- those illegal aliens who have already cannot be continuous or carried on through- ator CORNYN, on behalf of Senator had their day in court and violated out the year. HUTCHISON, I call up amendment No. court-ordered deportations. These are ‘‘(B) EXCEPTION.—Labor performed on a 1168 and ask unanimous consent for its known as absconders and, in fact, have dairy farm shall be considered to be seasonal immediate consideration. committed a felony, if found guilty of labor. The PRESIDING OFFICER. Without their failure to deport once ordered de- At the end of section 404, add the fol- objection, it is so ordered. The clerk ported, or if they have been deported lowing: will report. (c) CONFORMING AMENDMENT.—Section The legislative clerk read as follows: and simply reentered the country. 101(a)(15)(H)(ii)(a) of the Immigration and Unlike the first half of my amend- Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) The Senator from South Carolina [Mr. ment, this is not a technical correc- is amended by inserting ‘‘or work on a dairy GRAHAM], for Mrs. HUTCHISON, for herself Mr. tion. In other words, the decision to le- farm,’’ after ‘‘seasonal nature,’’. BINGAMAN, Mr. DOMENICI, Mr. MCCAIN, Mr. KYL, Mrs. FEINSTEIN, and Mr. CORNYN, pro- galize this population of illegal aliens Mr. LEAHY. Madam President, this was no drafting oversight. poses an amendment numbered 1168 to modification is required by the authors amendment No. 1150. Mr. LEAHY. Madam President, I ask of the bill in order for dairy provisions Mr. GRAHAM. Madam President, I the Senator from Texas to do me the to be accepted into this bill. I have at- courtesy of allowing me 1 minute to ask unanimous consent that the read- tempted through this language to ening of the amendment be dispensed take care of something that is going to sure as best we can that our Nation’s be accepted, and that is going to mod- with. dairy farmers have adequate access to The PRESIDING OFFICER. Without ify an amendment that is to be accept- labor in the future. This amendment objection, it is so ordered. ed. only deals with prospective immigra- The amendment is as follows: Mr. CORNYN. Madam President, I tion and is focused on dairy only. yield for that purpose but claim my (Purpose: To provide local officials and the Dairy is a year-round operation Secretary of Homeland Security greater right to the floor. where interruptions to a farmer’s labor involvement in decisions regarding the lo- The PRESIDING OFFICER. Without cation of border fencing) objection, it is so ordered. force can have significant consequences—the H–2A provisions as they On page 6, line 11, strike the second period The Senator from Vermont. and insert the following: ‘‘; AMENDMENT NO. 1165, AS MODIFIED, TO exist in the bill now do not adequately address the unique needs of dairy be- (C) in paragraph (2), as redesignated— AMENDMENT NO. 1150 (i) in the header, by striking ‘‘SECURITY Mr. LEAHY. Madam President, I ask cause they permit only 10-month terms FEATURES’’ and inserting ‘‘ADDITIONAL FENC- unanimous consent that the pending of work. This sort of interruption does ING ALONG SOUTHWEST BORDER’’; and amendment be set aside, and I call up not work for dairy farmers, who need (ii) by striking subparagraphs (A) through amendment No. 1165. year-round, dependable employees. (C) and inserting the following: The PRESIDING OFFICER. Without In the AgJOBS legislation that this ‘‘(A) REINFORCED FENCING.—In carrying out objection, it is so ordered. body passed last year and that we re- subsection (a), the Secretary of Homeland Mr. LEAHY. Madam President, I ask introduced this year, I supported a Security shall construct reinforced fencing much broader provision to address the along not less than 700 miles of the south- unanimous consent that Senators west border where fencing would be most CASEY and SCHUMER be added as co- unique needs of the dairy industry. practical and effective and provide for the sponsors. That provision had the overwhelming installation of additional physical barriers, The PRESIDING OFFICER. Without endorsement of America’s family dairy roads, lighting, cameras, and sensors to gain objection, it is so ordered. operations. Unfortunately, there were operational control of the southwest border.

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6531 ‘‘(B) PRIORITY AREAS.—In carrying out this cerned that Congress is making deci- on Friday, there was a lot of effort section, the Secretary of Homeland Security sions about the location of border fenc- made to try to then turn that agree- shall— ing without the participation of State ment into bill text. It wasn’t until ‘‘(i) identify the 370 miles along the south- and local law enforcement officials roughly midnight, I believe on Satur- west border where fencing would be most practical and effective in deterring smug- working with the Department of Home- day night, that an original, or I should glers and aliens attempting to gain illegal land Security. The location of fencing say a rough draft for discussion pur- entry into the United States; and should not be dictated by Members of poses was created; and then, if I am not ‘‘(ii) not later than December 31, 2008, com- Congress who have never visited our mistaken, it was the night before last, plete construction of reinforced fencing border. about 9 o’clock, when this original along the 370 miles identified under clause Our border States have borne a heavy amendment was laid down, this sub- (i). financial burden from illegal immigra- stitute amendment, which actually re- ‘‘(C) CONSULTATION.— tion, and their local officials are on the flects bill text, that we could then go ‘‘(i) IN GENERAL.—In carrying out this section, the Secretary of Homeland Security front lines. Their knowledge and expe- to legislative counsel to try and craft shall consult with the Secretary of Interior, rience should not be ignored. Texas our amendments to be addressed. the Secretary of Agriculture, States, local shares approximately one-half of the Before I talk a little bit more about governments, Indian tribes, and property land border between the United States the second part of my amendment, owners in the United States to minimize the of America and the Republic of Mexico. which I think was consciously omitted impact on the environment, culture, com- Our State and local officials and those from the bill, I ask unanimous consent merce, and quality of life for the commu- in California, Arizona, New Mexico, that Senator BEN NELSON of Nebraska nities and residents located near the sites at and Texas should not be excluded from and Senator DEMINT of South Carolina which such fencing is to be constructed. decisions about how to best protect our be added as original cosponsors to my ‘‘(ii) SAVINGS PROVISION.—Nothing in this subparagraph may be construed to— borders with their varying topography, amendment. ‘‘(I) create any right of action for a State, population, and geography. The PRESIDING OFFICER. Without local government, or other person or entity Local officials and property owners objection, it is so ordered. affected by this subsection; or in my home State of Texas—particu- Mr. CORNYN. Madam President, the ‘‘(II) affect the eminent domain laws of the larly in the areas of El Paso, Del Rio to second part of my amendment has, I United States or of any State. Eagle Pass, and Laredo to Browns- think it is fair to say, a substantial im- ‘‘(D) LIMITATION ON REQUIREMENTS.—Not- ville—cited in the Secure Fence Act, pact on the underlying bill, but one I withstanding subparagraph (A), nothing in under current statutory law, do not hope my colleagues will agree is nec- this paragraph shall require the Secretary of have an opportunity to participate in essary and important to adopt. Homeland Security to install fencing, phys- My amendment would close the loop- ical barriers, roads, lighting, cameras, and decisions regarding the exact location sensors in a particular location along an of fencing and other physical infra- hole in this bill that allows legaliza- international border of the United States, if structure near their communities. tion of those illegal aliens who have al- the Secretary determines that the use or To address this issue, I hosted a ready violated court-ordered deporta- placement of such resources is not the most meeting in my Washington office, on tions. They are sometimes known as appropriate means to achieve and maintain January 17, 2007, with DHS Secretary absconders because they literally have operational control over the international Michael Chertoff, my colleague from absconded from the law, but they are, border at such location.’’; and Texas, Senator JOHN CORNYN, mayors in fact, under section 243 of the Immi- (D) in paragraph (5), as redesignated, by gration and Naturalization Act felons striking ‘‘to carry out this subsection not to from the border cities in Texas, and exceed $12,000,000’’ and inserting ‘‘such sums representatives of the private sector. by virtue of their having absconded ei- as may be necessary to carry out this sub- That meeting began a dialogue with ther after they have been ordered de- section’’. our local representatives in Texas and ported—they have simply gone on the Mrs. HUTCHISON. Madam President, the Federal Government. I look for- lam and been fugitives from justice—or I rise today to speak to an amendment ward to helping ensure that this dia- they have left the country pursuant to and resolve an issue impacting the citi- logue continues. their order of deportation and then re- zens of our country that live along the The Hutchison-Bingaman Amend- entered the country illegally. They are, U.S.-Mexican border. ment, No. 1168, cosponsored by Sen- under section 243 of the Immigration I have long stressed the need to se- ators CORNYN, KYL, MCCAIN, FEINSTEIN, and Naturalization Act, felons if found cure the borders of the United States— and DOMENICI, addresses these issues guilty of those offenses. not only our southwest border with and provides local and State officials Unlike the first half of my amend- Mexico but also our northern border greater involvement in decisions re- ment, this is not, as I said, a technical with Canada and our maritime borders, garding the location of border fencing. correction. In other words, the decision coastlines, and ports of entry. I urge the adoption of my amend- to legalize this population was no I have consistently supported and ment. drafting oversight. It was a conscious voted in favor of border security ef- Mr. GRAHAM. Madam President, I part of the negotiated package that is forts—such as the installation of rein- urge the adoption of the amendment. now represented by the substitute forced fencing in strategic areas where The PRESIDING OFFICER. Without amendment pending before the Mem- high trafficking of narcotics, unlawful objection, the amendment is agreed to. bers of the Senate. The drafters of this border crossings, and other criminal The amendment (No. 1168) was agreed bill have made a conscious decision activity exists. I have also supported to. that Congress will allow exceptions for installing physical barriers, roads, The PRESIDING OFFICER. The sen- individuals who are illegally in the lighting, cameras and sensors where ator from Texas. United States, in defiance of a court necessary . AMENDMENT NO. 1184 order, as well as those who have pre- The Secure Fence Act of 2006 was Mr. CORNYN. Madam President, I viously been deported from the United passed by Congress and signed into law ask unanimous consent that my States pursuant to a court order and by the President, and it signaled a amendment be reinstated as the pend- have again reentered illegally. major initiative to secure the border ing amendment. It is important to note that Congress with Mexico and Canada. The PRESIDING OFFICER. The has determined that each of these We must address border security so amendment is once again pending. crimes is a felony. The laws, as I said, that we can move forward to address Mr. CORNYN. I thank the Chair. are already on the books. These acts of comprehensive immigration reform. Madam President, I have discussed defiance of our legal system are not ac- I will continue to champion border what I would call technical corrections tions which would signal an individ- security measures and strongly support or oversights that have been left out of ual’s likelihood of future compliance the efforts of my colleagues to this bill, in haste, perhaps, because I with the laws of the land. I don’t think strengthen our southwest border—pro- know that following the negotiations Congress should be in the business of tecting our citizens from threats of ter- that went on for several weeks leading allowing exceptions to a class of indi- rorism, narcotic trafficking, and other up to the announcement of an agree- viduals who can reasonably be dubbed unlawful entries. However, I am con- ment by a bipartisan group of Senators as fugitive aliens.

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6532 CONGRESSIONAL RECORD — SENATE May 23, 2007 In fact, it was Secretary of the De- eliminate the so-called guest worker Then they say, but we must, even as partment of Homeland Security Mi- program or the temporary worker pro- we decide to say to this 12 million who chael Chertoff who said during our ne- gram by which millions of additional are here, including those who came gotiations that illegal aliens who have people who do not now live in this across the last week of December last defied our court system after having country would be invited in to take year: By the way, you are now legal been given full due process of law do American jobs. I attempted to elimi- and given a work permit—we must, in not deserve to be rewarded with legal- nate that. I failed to do that. I will addition to that, allow millions more ization. Unfortunately, the drafters of next offer an amendment at some to come in. this bill, in an effort to accommodate point, perhaps tomorrow morning, that Yes, you get millions more when you certain advocacy groups, have ignored will sunset the temporary worker pro- do 400,000 a year for 2 years, have them Secretary Chertoff’s commonsense ob- gram. If we cannot eliminate it, at go back for a year, come back 2 more servation, what is being peddled as least let’s put an end to it—put a sun- years, have them go back a year, and ‘‘discretion’’ by way of a ‘‘waiver.’’ set on it. have 2 more years and accumulate We can’t guarantee the American During the debate yesterday, some- that, and you have at the very least, people that future Presidents will ap- thing fascinating happened. We are without even counting families, 12 mil- point, nor the Senate confirm, Secre- told repeatedly on the floor of the Sen- lion workers in a few years. They say taries of Homeland Security with the ate that this bill is a piece of legisla- we have to do that—invite others to good sense and judgment of Secretary tion that provides border security become in to take American jobs—be- Chertoff. Thus, I think we need to cause most of us know that when you cause if we don’t, they will come across eliminate any discretion in allowing start dealing with immigration, the the border anyway. That is a serious these individuals to remain in the first step, the first baby step is to pro- admission of failure, in my judgment, country and obtain the benefits of this vide border security. If you do not do in the bill that is brought to the floor legalization. I submit that discretion is that, all you do is set up, another 10 or of the Senate. something Congress gives away to a 15 years from now, exactly the same I didn’t intend to come here to say bureaucracy when Members don’t have debate and provide amnesty for an- anything, but I heard my colleague the intestinal fortitude to create a other 10 or 15 million people. from Texas ask, What is the message? bright-line rule. This bright-line rule We have done that before, in 1986. We The message is a Byzantine message to would affect roughly 700,000 absconders have heard exactly the same argu- those who believed there was a legal who are still in the United States. The ments: We are going to have border se- way to try to come to this country, a underlying bill would allow them a curity, we are going to have employer legal process by which we have immi- path to legal status and perhaps even sanctions, we are going to shut down gration quotas from various countries to citizenship. My amendment would illegal immigration, and we are going and they, thinking it was all on the say these people have had their oppor- to have nirvana. The fact is, none of level, actually made application to say tunity to have their day in court and that worked. We have done this before. I would like to come to the United do not deserve the benefits that this What happened yesterday was fas- States of America and I am willing to underlying bill would give to other per- cinating to me. In an attempt to shut wait. I waited 5 years or 7 years, they sons who have not similarly defied our down the temporary worker provision, say, only to discover that as of today, U.S. legal system and, indeed, have I was told by the people who con- if this bill passes, we say you should committed, perhaps, felonies. structed this proposal that if you shut have come across on December 28 or so I ask my colleagues this. What is the down the temporary worker provision into this country. You could have got- message we send about the rule of law by which we will bring people into this ten on a plane on a visitor’s visa with in America when Congress would not country who are not now here to take a full intention of never going back, or even categorically prohibit rewarding American jobs—if you shut down the walked across the border someplace, those illegal aliens who have defied temporary worker provisions, what and this Congress with this legislation lawful orders? What is the message we will happen, they said, is people will would say to you: We have a great sur- are sending to immigrants who are come across illegally anyway. prise for you. You came across illegally lawfully waiting outside the country I said: I don’t understand your point. and we now desire to say to you: You when we reward those who have not First, you said you have written a bill are legal, you have legal status and a simply violated our laws by entering il- that provides border security and stops work permit. legally but who have also thumbed illegal immigration. Now you are say- What kind of message? We know the their noses at our legal system, after ing if we get rid of the temporary answer to that. It is a Byzantine mes- having been ordered or actually been worker provision, what will happen is sage that makes no sense at all. removed? we will have illegal immigration any- Is immigration an issue? Yes, it is. I urge my colleagues to reject the way. You can’t have it both ways. Ei- But this bill will not solve it. I intend policy in this bill that would reward ther this bill does what is advertised to offer an amendment in the morning felony conduct with legal status. I hope and provides real border security or it that will establish a sunset on the pro- my colleagues will support me in that doesn’t. vision called the temporary worker effort. Those who put the bill together told provision. But even that will not solve I yield the floor. us yesterday it doesn’t have that bor- the problems of this legislation. Mr. DORGAN. Madam President, the der security because they believe they I yield the floor and suggest the ab- Senator from Texas asked a question. I have to designate those who are com- sence of a quorum. think the answer is probably fairly ob- ing across as legal, therefore, tem- The PRESIDING OFFICER. The vious. What is the message we send to porary workers, because if they did not clerk will call the roll. people around the world who applied do that, they would come across and The assistant legislative clerk pro- for status to come to this country we would call them illegal. That is the ceeded to call the roll. through the immigration quota proc- most unbelievable thing I ever heard. Mr. CORKER. Madam President, I ess? There is a process that is our legal They cobbled together this proposal. ask unanimous consent the order for immigration process. What is the mes- I said yesterday it reminds me of the the quorum call be rescinded. sage to those folks who, perhaps 3 old saying that a camel is a horse pro- The PRESIDING OFFICER. Without years ago, 5 years ago, 9 years ago, duced by a committee. They have cob- objection, it is so ordered. The Senator filed a petition only to discover that if bled together this camel of policy here from Tennessee is recognized. they had walked across the border on with several different pieces, saying, Mr. CORKER. Madam President, I December 31 of last year, they would, first, because I believe they understand rise today to, first of all, thank our with this legislation, be deemed to the politics of it that requires them to leadership for allowing a true debate to have been here legally? That is the say this, we have provided for border take place on this issue. I know at one message. It is sort of a Byzantine mes- security when, in fact, they have not. time it was discussed that we would sage as far as I am concerned. That is not the case. All they have pass this huge piece of legislation, that Yesterday something happened that done is created the same promises I affects so many people, in 3 days. Be- was quite interesting. I attempted to heard 21 years ago. cause of the acquiescence of the bill

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6533 managers and leadership, we are truly here, obviously, to support their fami- I just wish to start off by saying that going to have 3 weeks of debate. lies, and we understand what the moti- I certainly hope this amendment will You heard the Senator from Texas vation is for many people to be here, not come to a vote tonight because I offer an amendment to make this legis- but this bill does not address that in- think all of us need to understand the lation better; and the Senator from equity. nature, the scope, the breadth, the North Dakota, to offer his views. I What I propose tonight and I am width of what, in fact, is being offered think this whole process has been very working with other Senators to hope- here, which I truly believe is far more healthy. fully make happen after we come back than technical. So I just wanted to, so One of the things we are trying to ad- from recess, is to actually have a provi- to speak, wave my saber early for the dress in this bill is a situation where sion in this bill that treats people who distinguished Senator from Texas and our immigration has been broken, the are here illegally like those who wish say that I am sure he is going to get a system has been broken for many to have a green card, like those who vote, but I will have to object if there years. In 1986, legislation was offered to would be temporary workers in this is any intention to seek a vote tonight. try to solve this problem. What has bill. I would ask that other Senators You have to take all of the 12 pages happened is it has gotten even worse, work with me and others to create an that were just presented, intersect so there has been, obviously, more amendment to this bill that actually them, and see how they affect different thought put into this bill. would cause, over a reasonable amount sections of the underlying statute, and I appreciate again the many amend- of time, people who are working in this those have real meaningful con- ments and the discussion that has country to return to their home coun- sequences at the end of the day. I taken place. Many of the things we try and then come back through legal might agree with some; I might strong- have talked about have addressed the channels. I think that strikes at the ly disagree with others. So I just want- legalities, have addressed some of the very core of what so many Americans ed to make it clear to the body that, technicalities in our immigration sys- believe is so inappropriate about hav- from my perspective, it is a little bit tem. It seems to me, one of the things ing illegal immigrants, illegal workers, more than technical. we have not addressed—while we have automatically made legal. I yield the floor. tried to address fairness to businesses, I think that is a central fallacy in The PRESIDING OFFICER. The Sen- we tried to address fairness to immi- this bill as it has been offered today. ator from Texas. grants, we tried to address fairness to After many of these technical amend- Mr. CORNYN. Madam President, I families—one of the things I think we ments are agreed to over the course of appreciate the concerns of my distinguished colleague. It is a fair point; have not addressed is a sense of fair- the next few days, and as we come back this is more than a technical amend- ness to the American citizen. from recess, I look forward to working ment. He may not have heard my en- What I mean by that is this. There is with other Senators to try to ensure tire earlier statement. I indicated that a sense of fairness that we see many that if this immigration bill passes, it some aspects of my amendment were times on the floor that is not addressed passes in a way that meets the sense of what I thought were technical, but by the fact that we have about 12 mil- fairness the American public believes there was a second part that was far lion people in this country today ille- this bill ought to have; that it address- from technical, it was very sub- gally. People see this bill as straight es that inequity of people who jumped stantive, and I knew it would be con- amnesty, where all of a sudden we are in front of the line and came here, troversial because we discussed it dur- going to make it legal that if you have being here illegally and yet being able been here working, for however long, ing the course of the negotiations in to benefit without, during a reasonable which the distinguished Senator from you become legal in this country by period of time, returning home and virtue of being here. New Jersey participated, as did I, and coming back through legal channels, it was, the best I can tell, consciously In many cases, people have talked once we have the mechanisms in place about some of the draconian measures omitted from the draft. So my effort to allow people to do that. I hope to here is to insert it by way of amend- that require people to actually return have the opportunity to work with oth- home to their countries. Yet this bill, ment. I do believe it deserves full and ers in this body to make that happen. fair consideration. People need to un- in some cases, does that. Certainly, to I yield the floor and suggest the ab- become a green card holder, somebody derstand what the impact of it will be. sence of a quorum. Indeed, this whole subject matter has has to return home to their country be- The PRESIDING OFFICER. The a lot of ramifications and a lot of mov- fore coming in. That is something clerk will call the roll. ing parts, and that is the reason I am Americans think is fair. The assistant legislative clerk pro- so glad we have not only this week but If you want to be a temporary worker ceeded to call the roll. also a second week after the recess in this country, according to this bill, The PRESIDING OFFICER. The Sen- which the majority leader has sched- what you would do is work here for 2 ator from New Jersey. uled to conclude the debate and vote on years, as the Senator from North Da- Mr. MENENDEZ. Madam President, I the bill. kota responded, then you would leave ask unanimous consent that the order I certainly understand the Senator’s and go back for a year, and then you for the quorum call be rescinded. concerns, and I would welcome the de- would come back into our country. Yet The PRESIDING OFFICER. Without bate that will ensue, but I can under- that is not perceived to be draconian objection, it is so ordered. stand why he would object to a vote to- and I do not think it is at all. But the Mr. MENENDEZ. Madam President, I night. We have actually talked with one provision that seems to me to hit wish to rise briefly to speak to the the bill managers and suggested that at the essence of the American frustra- amendment of the Senator from Texas. perhaps, if unanimous consent can be tion that is not in this bill, is the fact I think I caught him describing it as a obtained, this amendment would be set that we have some triggers that are ‘‘technical one.’’ At first blush, having aside temporarily and perhaps other going to cause our borders to be secure just seen it for the first time, looked at amendments can be laid down and even and make us be able to track people in it and having seen the intersection of voted on tonight but that we can wait an appropriate way—the administra- what he seeks to do throughout title II until tomorrow, perhaps, to schedule a tion said this can take place over the of the bill, it is far from technical; it is vote on this after everyone has had a next 18 months—but what we are not very substantive. I appreciate that he chance to digest it and consider its doing is asking the people who are here has very substantive positions that ramifications. in our country illegally to actually re- might be different from mine, but they I yield the floor. turn home and come back through are very substantive, they are not The PRESIDING OFFICER. The Sen- legal channels. technical. They go, in some cases, to ator from New Jersey. It is that point, I think, that has di- the heart of due process for individuals, Mr. MENENDEZ. Madam President, I vided the American people, the fact and they go to the heart of undoing appreciate the offer from the distin- that this bill does not address the in- what some cases in the appellate divi- guished Senator from Texas, and I cer- equity of allowing those people to re- sion and beyond have decided is the ap- tainly hope we will take his offer be- main here. These are people who came propriate law of the land. cause I would have to object if we were

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6534 CONGRESSIONAL RECORD — SENATE May 23, 2007 to try to proceed tonight to a vote on this visa program or the entire pro- with high overstay rates can be barred his amendment. I think his amendment gram could be terminated. from this program or the program can is important. I think it has real con- I hardly think it necessary to make be terminated. Sponsors of overstays sequences. There are real consequences the case about the value of parents and are also barred from sponsoring other of substantive law, there are real con- children being united for a period of aliens on this visa. This amendment sequences of due process, and there are time and what it means, if you are par- strikes that language that unfairly col- real consequences of equal protection. ents yourselves, to be able to have lectively punishes those who have not So these are major legal issues which grandparents spend some time with violated the law, allowing law-abiding affect potentially millions of people. their grandchildren. parents to continue to unite with their I appreciate the spirit in which he We take great pride in that. We extol children. has offered it. I appreciate him saying the value of family. One would be hard The amendment is comprehensive he is more than willing to give time. I pressed to hear a speech given by some- and touches on all three points of fam- hope the bill managers would pursue one in public office today, regardless of ily reunification: parents with their that course of action and make sure the subject matter, that doesn’t at children, grandparents with their that a vote on this does not take place some point or the other talk about how grandchildren. Again, it hardly needs a until sometime tomorrow so that we important it is to value families, to do lengthy explanation of the value. I re- can digest all of this and have the ap- everything we can to keep families to- gret deeply that my children don’t propriate debate because legal protec- gether, the importance of inter- have the benefit of their grandparents. tions are very important in the context generational communication, grand- They passed away too many years ago. of what we are doing. parents and grandchildren, parents and How many times on a daily basis I I yield the floor. children, the value of that to a nuclear think of what a value it would be to The PRESIDING OFFICER. The Sen- family. Certainly, we all recognize we my children to know their grand- ator from Connecticut. have serious issues of security that parents, not to mention what it would Mr. DODD. Madam President, I wish need to be dealt with at our borders, have meant to my wife when she gave to spend, if I can, just a few moments— doing what we can to provide for the birth to be able to have her mother I see my colleague from New Jersey is legal status of those who are seeking to around during that period of time or still on the floor, and he will be joining come here through traditional means. the weeks thereafter to have her come me at an appropriate time in offering It is a major step backwards for a and spend a couple of months. To be an amendment dealing with parents of country that prides itself on allowing with the family as they are getting on U.S. citizens. The Senator from New for families to be together, under- their feet, I don’t know of a single Jersey speaks eloquently about this standing the importance of it, that we American who doesn’t understand this issue on a very personal level. I am would be talking about legislation that basic concept. proud to be the author of an amend- cuts by more than half the average an- At the appropriate time, I will offer ment with him and others to try to im- nual number of green cards needed for this amendment. I am pleased my lead prove this legislation. parents to visit their children, dealing cosponsor on this amendment is my This amendment would unite parents with them in a separate category, and colleague and friend from New Jersey. with their families in the United providing actually a longer visa for I thank him for his support. He told me States by increasing the cap on green tourists than for parents. the story of his family. I think maybe cards issued to them, extending the du- No one knows who gets excluded more than anything else I heard over ration of the newly created parent visa, when you go from no cap down to the last several weeks, thinking about and ensuring that penalties imposed on 40,000. Obviously, a lot of parents would what it would have meant for his fam- people overstaying this visa are not un- be excluded in any given year. As evi- ily coming from Cuba and not being fairly applied to others, as they would denced over the years, once parents do able to come here moved me to the be in this legislation. come for a limited amount of time, point where I thought this was some- Under current law, parents of U.S. that usually completes the family unit. thing we ought to offer on this legisla- citizens are defined as immediate rel- They are not likely to sponsor other tion. atives, along with spouses and minor relatives. U.S. citizens with parents At the appropriate time I will offer children, and are exempt from green abroad should not be treated dif- the amendment. card caps. Under the proposed legisla- ferently than those with parents here, I yield the floor. tion, S. 1348, parents would be removed to provide that opportunity in time for The PRESIDING OFFICER. The Sen- from this category and subject to an them to be together. ator from New Jersey. annual cap of 40,000 green cards. This This amendment would increase the Mr. MENENDEZ. Madam President, I amendment increases the cap on green green card cap to 90,000 so we are meet- thank and applaud the distinguished cards in this bill to 90,000. That is ing the average annual need and not Senator from Connecticut for soon of- about the average annual number of creating an insurmountable backlog. It fering this amendment. I am proud to green cards issued to parents of U.S. would make sure that sufficient num- join him in this effort. I want to build citizens. bers of green cards are available to par- upon a couple of things he said as to Second, we are trying to extend the ents who come to the United States. why this amendment should be accept- duration of the newly created parent We extend the parent visa to 180 days ed, not voted but accepted. visitor visa to 180 days. Under this bill, and make it renewable and valid for 3 First, I have listened to a new defini- the amount of time a parent could stay years. Those are already accepted time tion of what a nuclear family is. It is here under a parent visitor visa is lim- frames for the validity of visas. 180 amazing. I have heard so many speech- ited to 30 days per year. On the other days is the length of a tourist visa. H– es over my 15 years in the Congress hand, a tourist visa is valid for 180 days 1B visas are valid for 3 years. about family. All of a sudden, the nu- per year. The idea that your parent can This legislation limits parents to an clear family doesn’t involve mothers only come here for 30 days is some- annual stay of 30 days. It does not and fathers. All of a sudden it doesn’t thing that is offensive to a lot of Amer- specify any long-term validity. This is involve children, just because they icans who believe in the value and im- far too short a time allotment, I think happen to be over the age of 21. All of portance of children and parents being most would agree, particularly for par- a sudden brothers and sisters are not together. ents who come for health reasons or to part of a nuclear family. This amendment would also ensure help their children during and after What is a nuclear family? Certainly that penalties imposed on overstays childbirth. as people travel throughout the coun- are not unfairly applied to others, as Lastly, this amendment would make try making speeches about nuclear they would be in this legislation. If the penalties for parent visa overstays ap- families—about families period—they number of overstays exceeds 7 percent, plicable only to them. Under the legis- certainly mean their parents, people individuals from disproportionately lation before us, if the overstay rate who gave life to them; certainly they high-risk countries could be barred among visa holders exceeds 7 percent mean their children, individuals to from coming to the United States on for 2 years, all nationals of countries whom they gave life; certainly, they

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6535 mean their brothers and sisters. I have Mr. COLEMAN. Madam President, I Responsibility Act of 1996. That law ex- been amazed at some of the comments ask unanimous consent that the order pressly prohibits any Federal, State, or I have heard on the floor of the Senate for the quorum call be rescinded. local government entity from pre- about what is not nuclear family. The PRESIDING OFFICER. Without venting a law enforcement officer from What else is this about? This is about objection, it is so ordered. sharing information with the Federal the right of a U.S. citizen to apply for AMENDMENT NO. 1158 TO AMENDMENT NO. 1150 Government regarding the immigra- their mother and father. That is what Mr. COLEMAN. Madam President, I tion status of a person with whom they the amendment of the Senator from ask unanimous consent that the pend- come in contact. Connecticut is all about, the right of a ing amendment be set aside, and I call The law is very clear. Section 642, U.S. citizen already to apply. Do every- up amendment No. 1158. subsection (b) states: thing right. Pay your taxes, serve your The PRESIDING OFFICER. Without no person or agency may prohibit, or in community, serve your country, you objection, it is so ordered. any way restrict— want to have a right, which you have The clerk will report. In any way restrict— under the law today, to simply bring The bill clerk read as follows: a Federal, State, or local government entity your father and mother, or either one The Senator from Minnesota [Mr. COLE- from doing any of the following with respect depending if they are not both alive, MAN], for himself and Mr. BOND, proposes an to information regarding the immigration the opportunity to be reunited with amendment numbered 1158 to amendment status, lawful or unlawful, of any individual: you, a nuclear family, be reunited with No. 1150. It goes on to say, you cannot restrict you because you need them, be re- Mr. COLEMAN. I ask unanimous con- ‘‘sending such information to, or reunited, as the Senator from Con- sent that reading of the amendment be questing or receiving such information necticut says, because you have a child dispensed with. from, the Immigration and Naturaliza- and now there is the opportunity to The PRESIDING OFFICER. Without tion Service.’’ You cannot restrict, in have the love and care a grandparent objection, it is so ordered. any way, ‘‘maintaining such informa- can offer, to create a sense of family, The amendment is as follows: tion.’’ You cannot, in any way, restrict which is the essence of stability in our (Purpose: To amend the Illegal Immigration ‘‘exchanging such information with communities. Of any faith, it is the Reform and Immigrant Responsibility Act any other Federal, State, or local gov- very core. of 1996 to facilitate information sharing be- ernment entity.’’ What we see in the underlying bill is tween Federal and local law enforcement So that is what the law states. an elimination for the most part, a sig- officials related to an individual’s immi- Several cities have passed ordinances nificant right of U.S. citizens dramati- gration status) or issued executive orders forbidding cally reduced. The Senator’s amend- At the appropriate place, insert the fol- local law enforcement from even ask- ment actually will allow not for every- lowing: ing the question as to whether a person body. It still will have a certain degree SEC. ll. INFORMATION SHARING BETWEEN is in the United States lawfully, and of limitation because last year we gave FEDERAL AND LOCAL LAW EN- thereby evading their legal responsi- FORCEMENT OFFICERS. 120,000 visas to parents. The Senator— Subsection (b) of section 642 of the Illegal bility to report their suspicions to the which I think is reasonable—has Immigration Reform and Immigrant Respon- Federal Government. looked at the historic average, and this sibility Act of 1996 (8 U.S.C. 1373) is amended In other cases, police department says this is the amount that at least by adding at the end the following new para- policies forbid or severely restrict their generally has taken place in family re- graph: officers from asking a person about im- unification of a U.S. citizen claiming ‘‘(4) Acquiring such information, if the per- migration status. their parents. son seeking such information has probable Essentially, the philosophy is ‘‘don’t When I hear chain migration, how de- cause to believe that the individual is not ask, don’t tell’’—don’t ask suspects lawfully present in the United States.’’. humanizing. Chain migration, it makes about their immigration status, so me think of a bunch of paper clips Mr. COLEMAN. Madam President, then you don’t have to follow the dic- hanging together. Chain migration, is following the attacks of 9/11, we made a tates of the Federal law. These cities that what we have come to? Parents promise to the American people to have decided the rule of law does not are part of a little chain? There is this make this country safer. We identified apply to them. concern that they will be able to claim on all levels cracks in our system. Scores of law enforcement officers someone else. Who can they claim if Most alarming, we found that intel- have chafed at the gag order. I had a they are being claimed by their son or ligence agencies were not talking to meeting last week with law enforce- daughter? That’s it. You can’t claim one another. We found that when the ment officers from Minnesota in my of- anybody else. Chain migration. How left arm doesn’t know what the right fice, and they mentioned this. They easy it is to try to take something that arm is doing, the consequences can be mentioned the frustration they have has so much significance in our lives disastrous. The gathering of intel- with what they think is their responsi- and dehumanize it. Chain migration? ligence is not an abstract concept that bility to report if they think somebody No, this is about family reunification. only happens on the streets of Afghani- is not here legally, that—who knows?— It is the core of what our society is all stan or Iraq. It happens every day on this person could be somebody who had about. It is what we hear speeches the streets of Duluth or St. Paul, MN. been deported before, and that is a fel- about all the time in terms of strength- Our local law enforcement agencies are ony. They are absolutely prohibited ening families. Families will be on the front lines of our communities from even asking the question or hav- strengthened when they are together, and often know exactly what is hap- ing the conversation. not torn apart. pening on our streets. Many say they routinely come in In the universe of visas, this is very Sadly, in what is reminiscent of pre- contact with dangerous persons they small, but it has a big consequence. 9/11 days, municipalities have identi- know have been deported already—they Therefore, I salute the Senator from fied a loophole in the law—or in many know it—yet their local sanctuary pol- Connecticut for offering the amend- ways I don’t even call it a loophole, icy is to prevent them from being able ment. I am proud to join with him they have simply circumvented Fed- to do anything about it. when he offers it at the appropriate eral law and have banned the practice Supporters say sanctuary policies are time. I hope we are not going to now of officers inquiring about a suspect’s intended to be humanitarian because say that parents are not part of the nu- immigration status, allowing cities they allow illegal immigrants to co- clear family. throughout the country to become operate with the police without fear of I yield the floor. what are called sanctuaries for illegal deportation. But the consequences of Mr. DODD. I suggest the absence of a immigrants. these policies are anything but for the quorum. My amendment seeks to end the law-abiding members of these commu- The PRESIDING OFFICER. The practice of sanctuary cities. These are nities: in some cases, dangerous crimi- clerk will call the roll. cities that seek to evade their obliga- nal aliens remaining on the streets, The bill clerk proceeded to call the tions under section 642 of the Illegal muzzled law enforcement officers, and roll. Immigration Reform and Immigrant scarce local resources being wasted on

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6536 CONGRESSIONAL RECORD — SENATE May 23, 2007 noncitizens who should be turned over clear a police officer has the right to Finally, one other point. One of the to the Federal authorities. ask immigration-related questions of a challenges we have with the bill before Opening the channels of communica- suspect, and to report his or her sus- us—by the way, a bill where I would tion between local and Federal law en- picions to Federal authorities. My like to see us deal with the immigra- forcement will help prevent crimes amendment restores the original intent tion issue. The system is broken. It against other members of the commu- of the 1996 law, which I read before, by needs to be changed. Clearly, we know nities. Consider some recent examples. stating that Federal, State, and local that. We all know that. Two young women who were killed in governments may not prohibit law en- We have had a group of Senators on an accident near Virginia Beach earlier forcement from acquiring information both sides of the aisle, from a broad po- this year were struck by a drunk driver about immigration status where there litical spectrum, come together to try who had three previous alcohol-related is probable cause. That is what the 1996 to find some common ground, to try to convictions and an identity theft con- law says, and yet cities have been able deal with the issue of strengthened bor- viction, but because he had never been to circumvent this. Let us, then, go der security, which we must deal sent to prison, there had never been an back to the original intent of that law. with—to do those things—to ensure examination of his immigration status. My amendment does not require local greater employer responsibility, and Reportedly, many area police officers law enforcement to use their scarce re- then to figure out some way to deal knew the individual was in the United sources enforcing immigration laws. It with the 11 million who are here, to States illegally. Yet they never re- does not enable local law enforcement know who they are, have them learning ported it to Federal immigration au- to conduct immigration raids or act as English, have them pay taxes, and not thorities. Federal agents, or even determine a to provide amnesty but to provide fines In April 2005, a Denver police officer person’s immigration status. Instead, and a series of sanctions and a path be- was shot and killed by an illegal immi- my amendment simply gives law en- fore one can even consider proceeding grant who had been stopped three forcement officers the ability to pursue to something like citizenship. times for traffic violations and even a person’s immigration status as part But one of the problems we are hav- appeared in court just 3 weeks before of their routine work, and thus to re- ing—I am having it now. I have gotten committing the murder. Strict rules in port any suspicions to the appropriate thousands of calls on this issue, most the police manual deterred officers Federal authorities through already es- against this bill, even though people from inquiring about his immigration tablished channels, such as through the have not even read the bill yet. I think status, so Federal immigration au- Law Enforcement Support Center at it is, in part, because folks do not trust thorities were never notified. ICE, or ICE’s Criminal Alien Program. us, do not trust the Federal Govern- In June 2003, a 9-year-old girl was In essence, sanctuary cities are ment to do what we say we are going to kidnapped in San Jose, CA, by an ille- thumbing their noses at Federal law. do. They do not trust us to absolutely gal immigrant who had been arrested The Justice Department has concluded uphold the rule of law. They do not be- previously for auto theft. Because the that States have the inherent sov- lieve when we say we are going to se- San Jose Police Department’s policy ereign right to make arrests for both cure our borders that we are actually manual forbids officers from initiating criminal and civil immigration viola- going to do it. police action intended to determine a tions. Section 642 of the 1996 immigra- In many ways, this issue I raise person’s immigration status, Federal tion reform bill expressly states local today is a rule of law issue. If we tell authorities were never contacted. law enforcement officers must commu- people across America that in sanc- In December 2002, a 42-year-old moth- nicate with Federal authorities. Yet tuary cities the rule of law does not er of two was raped in Queens by a their leadership or their local govern- apply when it comes to immigration, group of men. Four of them were ille- ment or their city council is actually how are we going to get the American gal immigrants, and three had pre- preventing them from doing so. In this public to believe we are serious about viously been arrested for such crimes day and age, we cannot allow for such border security—when we then try to as assault, attempted robbery in the law enforcement-free zones. figure out a way to do a guest worker second degree, criminal trespass, ille- Finally, and perhaps most impor- program, to deal with the 11 million gal gun possession, and drug offenses, tantly, the bill before us today takes who should come out of the shadows but were later released. away the strongest argument that into the sunlight? In May 2002, three women in Houston, sanctuary city supporters have; name- I suggest by supporting this amend- TX, were raped and murdered by Wal- ly, that illegal immigrants will be so ment what you are doing is supporting ter Alexander Sorto, an illegal immi- frightened about being deported that respect for the rule of law. We need to grant who had been ticketed several they will never go to the police. do more of that to gain the trust and times for traffic violations. As currently written, this bill will the confidence of the American people. This is not to suggest all aliens are give a legal status to these aliens. Any I urge my colleagues to support this violent criminals or that all violent alien participating in the program amendment. criminals are illegal aliens. We caught should not fear an encounter with a po- Mr. President, with that I yield the Al Capone on tax evasion. We can pro- lice officer. The only aliens who would floor. tect our communities by allowing po- fear contact with the police are those The PRESIDING OFFICER (Mr. lice officers to find out whether a per- who have committed some crime. CASEY). The majority leader is recog- son has broken our immigration laws. Sanctuary cities take away the abil- nized. Sanctuary city policies do not just ity of a police officer to use his or her UNANIMOUS-CONSENT REQUEST leave their own citizens at risk. Mo- own judgment in the course of their Mr. REID. Mr. President, I ask unan- hammed Atta, the leader of the 9–11 hi- routine police work to inquire about a imous consent that the Senate proceed jackers, was stopped and ticketed for person’s immigration status and share to the consideration of a resolution driving without a license in Broward their concerns with the Federal Gov- honoring the life of Rachel Carson, a County, FL, in early 2001. His visa was ernment for followup action. scientist, writer, and pioneer in the en- expired. Under these policies, no one The reality is law enforcement offi- vironmental movement, on the occa- would ever know that. cers ask a wide range of questions of sion of the centennial of her birth, Just this month, we saw a terror plot suspects every day that touch upon which was introduced early today by unfold in Fort Dix that might have many aspects of the person’s behavior. Senators CARDIN, SPECTER, and others; been prevented sooner had the local of- But in sanctuary cities, they cannot that the resolution be agreed to, the ficials, who pulled the suspects over on ask about immigration. The artificial preamble be agreed to, the motion to numerous traffic violations, inquired wall relative to immigration status is reconsider be laid upon the table, and about their immigration status. Make illogical—and I would suggest perhaps that any statements thereon be printed no mistake, this is a national security even unconstitutional—and in this day in the RECORD. issue. and age harmful to our national secu- Mr. COLEMAN. Mr. President, I ob- To address this problem, I am offer- rity. We ought to give this tool back to ject on behalf of another Senator, an- ing a simple amendment to make it our local law enforcement. other Republican.

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6537 The PRESIDING OFFICER. Objec- One reason for that is not only is the The Senator from Hawaii is recog- tion is heard. science bad, but since 9/11, think of try- nized. Mr. REID. Mr. President, I appreciate ing to haul 70,000 tons of the most dan- AMENDMENT NO. 1186 TO AMENDMENT NO. 1150 the obligation my friend from Min- gerous substance known to man across Mr. AKAKA. Mr. President, I ask nesota has. But I am going to continue our highways, our railways, past unanimous consent that the pending offering this unanimous consent re- schools, homes, and businesses. This amendment be set aside, and I send my quest. To think that we would not would be a field day for terrorists. Sev- amendment to the desk. honor Rachel Carson on the anniver- enty thousand tons of the most dan- The PRESIDING OFFICER. Without sary of her 100th birthday—a woman gerous substance known to man—plu- objection, it is so ordered. who did as much for the environmental tonium—hauled from more than 100 nu- The clerk will report. movement in this country as any clear generating facilities across this The bill clerk read as follows: human being who has ever existed. country, some more than 3,000 miles to The Senator from Hawaii [Mr. AKAKA], for Somebody has objected to this? I Nevada. It hasn’t happened and it will himself, Mr. REID, Mr. DURBIN, Mr. INOUYE, have heard the reason for the objection never happen. It will never happen. Mrs. BOXER, Mrs. MURRAY, and Ms. CANT- is she relied on flawed science to come So I rise today because some of my WELL, proposes an amendment numbered 1186 to her conclusions. I do not know any- colleagues have introduced legislation to amendment No. 1150. thing about flawed science, but I do to salvage this dying project, a project Mr. AKAKA. Mr. President, I ask know this woman turned the minds of that threatens the health and safety of unanimous consent that the reading of young people to the environment, Americans everywhere. The proposed the amendment be dispensed. turned the minds of the academic Yucca Mountain nuclear waste dump is The PRESIDING OFFICER. Without world to the environment. As a result not a solution for our nuclear waste objection, it is so ordered. of her work—as a result of her work— problems. The science behind Yucca is The amendment is as follows: we became conscious of our need to corrupted with politics, and it doesn’t AMENDMENT NO. 1186 make sure we do things to protect the take into consideration the problem (Purpose: To exempt children of certain Fili- environment. with the transportation of this poison. pino World War II veterans from the nu- So, Mr. President, I am going to con- The administration and the sponsors merical limitations on immigrant visas) tinue to move on this. I will tell you, I of this bill know that Yucca is a flawed At the appropriate place, insert the fol- feel strongly about this, as do Sen- and dangerous project and that it can- lowing: ators—both Democrats and Repub- not move forward without passing leg- SEC. ll. EXEMPTION FROM IMMIGRANT VISA licans—that we will have a couple more islation designed to circumvent exist- LIMIT. objections, and then I am going to have ing laws. Many of the laws are environ- Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is a vote to invoke cloture on a motion to amended by inserting after subparagraph mental laws. If Yucca was truly sci- (G), as added by section 503 of this Act, the proceed to this piece of legislation. entifically sound and safe, this admin- following: I think it is too bad, first, that the istration would not need to gut laws ‘‘(H) Aliens who are eligible for a visa person who objected to this would not that protect our environment, public under paragraph (1) or (3) of section 203(a) have the—I should not say courage, but health, transportation, and security. and who have a parent who was naturalized that person who objects to this should This legislation exempts the Depart- pursuant to section 405 of the Immigration come and do it on their own behalf, not ment of Energy from longstanding Fed- Act of 1990 (8 U.S.C. 1440 note).’’. have some other Senator object. eral laws designed to make Americans Mr. AKAKA. Mr. President, my Rachel Carson was a scientist, a writ- safer. This is unacceptable to the Sen- amendment seeks to address and reer, and a pioneer in the environmental ate. It is unacceptable to our country. solve an immigration issue that, while movement to make this world a better It is unacceptable to the Senate. rooted in a set of historical cir- place. This is a simple resolution. It Senator ENSIGN and I have worked cumstances more than seven decades does not cost a penny. All it does is together on this project for many old, remains unresolved to this day. I give recognition to someone who cer- years. That is why we introduced the am happy to say I am joined by Sen- tainly deserves that. So I am terribly Federal Accountability for Nuclear ator REID, Senator DURBIN, Senator disappointed that there is an objection Waste Storage Act earlier this year. INOUYE, Senator BOXER, Senator MUR- to this, but we will do it again at an- Under our proposal, the Department of RAY, and Senator CANTWELL. It is an other time. Energy will take ownership of nuclear issue of great concern to all American YUCCA MOUNTAIN waste and store it safely at nuclear veterans and citizens with an interest Mr. President, for 25 years, there has power plants where it is produced, as is in justice and fairness. been an effort made to do something happening as we speak. Calvert Hills, a In 1941, on the basis of 1934 legisla- that is degrading to the environment short distance from here, is a nuclear tion enacted prior to Philippine inde- and that would jeopardize the health generating facility, and they store nu- pendence, President Franklin D. Roo- and safety of millions of Americans. It clear waste as Senator ENSIGN and I sevelt issued an Executive order is a project to bury nuclear waste in say they should store it. through which the President invoked the deserts of Nevada. So I challenge all my colleagues who his authority to: Originally, when this project started, have concerns about this to sit down Call and order into the service of the there was a program that would have with Senator ENSIGN or with me or Armed Forces of the United States all of the had three sites that would be selected with both of us, as many have already organized military forces of the Government for places to characterize; that is, to done, to begin discussing a scientif- of the Commonwealth of the Philippines. prepare them for the taking of nuclear ically sound solution to our nuclear This order drafted more than 200,000 waste. One was in Washington, one was waste problems. Let’s take the focus Filipino citizens into the U.S. military, in Nevada, and one was in Texas. There away from this dead-end project and and under the command of General was a time that came in the 1980s find real solutions for our energy fu- Douglas MacArthur, Filipino soldiers where, because of political maneu- ture. fought alongside American soldiers in vering, Washington and Texas were The PRESIDING OFFICER. The Sen- the defense of our country. eliminated, and they thought because ator from Massachusetts is recognized. The enactment of the First Supple- Nevada was a place that set off atomic Mr. KENNEDY. Mr. President, I see mental Surplus Appropriations Rescis- bombs and did other things, it was a my friend and colleague from Hawaii sion Act of 1946 included a rider that big desert wasteland and it didn’t mat- who has an amendment which I hope conditioned an appropriation of $200 ter. But it has mattered. The DOE has we will be able to consider and accept. million on a provision that deemed done a terribly bad job. They have I have talked briefly to the Senator that service in the Commonwealth botched what has taken place out from Arizona and others. I ask unani- Army should not be considered service there. The scientific community basi- mous consent that the Senator’s in the Armed Forces of the United cally recognizes now it is a very bad amendment be in order. States. The individuals impacted were idea to try to bury nuclear waste in The PRESIDING OFFICER. Without those members of the organized mili- Nevada. objection, it is so ordered. tary forces of the Commonwealth of

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6538 CONGRESSIONAL RECORD — SENATE May 23, 2007 the Philippines called into the service It is a humanitarian gesture. It is a amendments which Members have of the U.S. Armed Forces in the Far noble gesture. It is typical of the Sen- talked with us about and the McCain East by President Roosevelt’s 1941 Ex- ator from Hawaii to be thoughtful amendment as well. So we have talked ecutive order. about this, always being concerned not to most of these Members, and we will The enactment of the Second Supple- only about individuals but members of do as much as we possibly can to move mental Surplus Appropriations Rescis- the Armed Forces. He continues to be a these along. sions Act included language that champion on the Veterans’ Committee. They are all important matters. I deemed that service in the New Phil- I speak for the veterans of my State as think, as far as today is concerned, we ippines Scouts had not been service in well as in this case the veterans of are very grateful for the cooperation the U.S. military. The individuals im- World War II for their immediate fam- we have had from all Members. I think pacted were those Filipinos who had ily, and I am very hopeful we can get we have made some important served with the U.S. Armed Forces this cleared at an early time tomorrow. progress. We look forward to making from October 6, 1945 to June 30, 1947. I wish to commend him for this amend- further progress in the morning. Of the 200,000 Filipinos who served in ment. He had indicated to us early on I see my colleague here who would the U.S. Armed Forces during World that this was a matter of high impor- like to address the Senate on other War II, either as members of the Com- tance to him, and it is, I think, and matters. We look forward to further monwealth’s Army or New Philippines should be a high priority here. consideration of the underlying legisla- Scouts, only 20,000 survive today— So we would ask the Senator if we tion tomorrow. 13,000 in the Philippines and 7,000 in the may move along, and I will try to get Mr. DODD. Mr. President, I regret United States. the clearance for that amendment on that I could not join last night’s debate In 1990, the World War II service of tomorrow, and we will notify him when on amendments to the comprehensive Filipino veterans was finally recog- that happens. We thank him again for immigration reform bill. Had I been nized by the U.S. Government through bringing this to the attention of the present, I would have supported the the enactment of the Immigration Act Senate and for being thoughtful about amendment offered by Senators DOR- of 1990, which offered Filipino veterans these extraordinary family members of GAN and BOXER, which was designed to the opportunity to obtain U.S. citizen- those who served so nobly, coura- eliminate the bill’s guest worker provi- ship. There are currently 7,000 natural- geously, and heroically in World War sion. Though it was not adopted, I sa- ized Filipino World War II veterans re- II. So I thank the Senator. He can be lute its principles and hope that they siding in the United States. The oppor- assured of my support and help and as- will find their way, once again, into tunity to obtain U.S. citizenship was sistance and hopefully we will have our national debate on immigration. The immigration bill was set to allow not extended to the veterans’ sons and good news for him tomorrow on this 400,000 foreign guest workers into daughters, approximately 20,000 of amendment. America each year, eligible for two- whom have been waiting for their visas Mr. President, I think we have prob- year stays, alternating with a year in for years. ably reached about as far as we are their home countries. In their eloquent While the Border Security and Immi- going to go this evening. We are exam- remarks last evening, Senators DORGAN gration Reform Act of 2007 raises the ining in some detail Senator COLEMAN’s and BOXER rightly identified this provi- worldwide ceiling for family-based amendment, and we would like to try sion’s shortcomings. visas to 567,000 per year until the back- and see if we can’t work that out First, as Senator BOXER observed, log in the family preference visa cat- through the evening. There is one as- ‘‘We are setting up a system of exploi- egories is eliminated, the fact remains pect of it I would like to understand tation.’’ I am concerned that the immi- that many of the naturalized Filipino more completely in terms of whether it gration bill offers insufficient protec- World War II veterans residing in the deals with emergency services and oth- tion to guest workers, leaving them United States are in their eighties and ers. So I think we probably, for all in- open to victimization by low wages, nineties. My amendment stresses the tents and purposes, have gone about as long hours, and dangerous conditions. need to expedite the issuance of visas far as we can go tonight. It threatens to import into America a to these veterans’ children. We have a number of amendments. permanent underclass, rootless in our Mr. President, I yield back the re- We are very much aware that we have communities and ignorant of our lan- mainder of my time. the supplemental that will be here. We guage, valued for nothing more than Mr. KENNEDY. Mr. President, I have been told so by the majority lead- its muscle power. A labor system like thank the Senator from Hawaii for of- er. But we will have a good opportunity that is suited to an empire, not to a re- fering this amendment. He offered this in the morning through noontime and public of opportunity and not to the amendment in the last immigration into perhaps the early afternoon to principles of immigration we have long bill. We accepted it at that time. I am continue our progress. We have made honored in America. confident that will be the case on this good progress today. I thank all the No one denies that much of Amer- time, but given the hour of the Members for their cooperation. We ica’s economy depends on immigrant evening, we are unable to get this have several amendments which are labor. But if we want to do more than cleared. lined up. We will probably start with exploit that labor—if we want to sew it Basically, as he has expressed so Senator DORGAN’s amendment tomor- into our social contract, if we want to well, he is talking about the immediate row. We have a number of amendments, treat immigrants with justice and dig- family members of those who served including Senator CORNYN’s amend- nity—a path to citizenship is a neces- with American forces in World War II. ment which he offered this evening, sity. That brings me to the guest work- Under the broad scope of the under- and there will probably be side-by-side er provision’s second shortcoming: It lying legislation, they would be in- consideration sometime in the late lacks such a path. If we are willing to cluded to be able to come to the United morning. There are a number of other offer the opportunity of citizenship States. Under the bill, it would take an amendments that have been brought to even to those who entered our country 8-year period. What the Senator from our attention. We are in the process of illegally, it is inconsistent to deny it Hawaii is saying is these are older men prioritizing those and notifying their to those who come with our sanction. and women who would otherwise be sponsors to make sure they can be here Third and finally, the guest worker able to come here. They are the broth- in a timely way so we will have a pro- provision harms American workers. ers and sisters of those who fought ductive time and as few quorum calls Threatened by outsourcing and with American forces in World War II, as possible. globalization, their expenses for and we want to move them up and have As I mentioned, we will continue on healthcare and education skyrocketing them come more quickly, given the the Cornyn amendment and the Dorgan even as their incomes fail to keep pace, fact of their age. It is a very decent amendment. There is a Feingold American workers now face 400,000 thing to do. We would be entitled to do amendment on the study of refugees; a competitors, each year, in their own it under the underlying framework of Sanders amendment, scholarship for country, willing and able to do their the bill. It doesn’t change the under- Americans in connection with the H–1B jobs for lower wages. Last night, Sen- lying framework of the bill. program. There are some of the family ator DORGAN told us a moving story of

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6539 furniture-makers in Pennsylvania fore the Judiciary Committee of the such as Iran, or Venezuela, which are whose jobs were eliminated and shipped Senate—I might say that it was sworn very unpredictable—or Nigeria, where to China. As their plant shut down, testimony—and what I consider to be we get 10 percent of our oil, which each one of those craftsmen signed the some inconsistencies. I will be refer- might be unpredictable because of rev- bottom of the last piece of furniture ring to that testimony from the record. olutionaries there kidnapping Amer- their company would make in America. I will be referring to the letters I ican workers, such as they did 2 weeks As we import wage pressures onto our have sent to the CEOs. As an overview, ago, or German workers over the pe- own shores, we will be hearing hun- I am going to be pointing out incon- riod of the last year. It is a very nerv- dreds of similar stories in the years to sistencies between sworn testimony ous environment we are in. come. The guest worker provision and what oil company executives say The supply from the Saudi oil wells threatens to eat away at our middle are their company policies regarding to our gas tank is maybe a 17-day in- class. ethanol, and particularly the 85-per- ventory. So any little thing happening, It has the potential to harm guest cent ethanol that we call E85; and according to the business pages of the workers and American workers alike. then, of course, letters I sent to the oil newspaper, causes the price to spike. Who, then, does it benefit? I don’t companies, raising questions that were So I have been an ardent supporter of think I need to tell my colleagues the raised because of this article, to have these domestic renewable fuels. In the past few years, domestic eth- answer. But unless we reform our the oil companies give me their story, anol production has grown tremen- standards for guest workers, we will be in case this article was wrong. dously. Right now, we are consuming putting the demand for cheap labor Across the country, American fami- about 5 billion gallons of ethanol annu- above the dignity of immigrants and lies and businesses are suffering from ally. With all of the new ethanol bio- Americans alike. the economic impact of rising gasoline refineries under construction, we will I voted to strip the guest worker pro- prices. As many families begin to plan be producing as much as 11 billion gal- vision from last year’s immigration their summer vacations, they are being lons annually by 2009. forced to dig deeper into their pockets bill; and I supported stripping it this Ethanol’s contribution is a signifi- year. And while the amendment offered to fill up the family car. cant net increase to our Nation’s fuel The rising cost of gasoline is a result by Senators DORGAN and BOXER did not supply. But as the industry grows, it is of many factors. Global demand for pass, I am heartened that we adopted imperative that higher ethanol blends crude oil and refined products is way Senator BINGAMAN’s amendment to be available to consumers. When I say up constantly, as a result, driving up limit the program to 200,000 guest higher ethanol blends, I mean beyond workers per year. And as we move for- the price. The Organization of Petro- the 10 percent mixture that we have ward in this debate, I hope that we will leum Exporting Companies—what the right now. We even have cars right now also have chance to strengthen protec- people of this country know as OPEC— that can burn up to 85 percent ethanol. tions for guest workers and reduce has curtailed some production. Refin- That is why we refer to it as E85. That wage pressure on Americans. eries are offline for maintenance or is what we are talking about, increas- f have experienced outages. As a result, ing the 10 percent as cars are manufac- these refineries are operating at 5 to 10 MORNING BUSINESS tured, to be able to consume it without percent below normal. hurting the engine. That is where the Mr. KENNEDY. Mr. President, I ask Once again, refinery outages have, automobile companies are headed. unanimous consent that we have a pe- coincidentally, occurred just as the That is where the ethanol industry is riod of morning business, with Sen- summer driving demand kicks into headed to back it up. But the point I ators permitted to speak therein for up gear, and this has led to an average will make in a minute is that the dis- to 10 minutes each. price of over $3.15 a gallon as a na- tribution for E85 is a problem, and it The PRESIDING OFFICER. Without tional average. In my State of Iowa, I looks to me like big oil is a major part objection, it is so ordered. think it is $3.33 today. of that problem. That is what I am The Senator from Iowa is recognized. The impact of these increased prices going to point out. Mr. GRASSLEY. Mr. President, I ask is being felt across the country by We are quickly approaching a time unanimous consent to speak longer working families, farmers, businesses, when ethanol will be produced in a than 10 minutes. I don’t intend to and industry. The increased cost for quantity greater than that needed for speak for more than 25 minutes and energy has the potential to jeopardize the blend market as we continue down maybe not that long. I would at least our economic security, our economic the road that has been pioneered by like to have the freedom of going be- vitality. Brazil—and that is the best example— yond 10 minutes. Because we are dependent upon for- to use cars that will, in fact, burn 100 The PRESIDING OFFICER. Without eign countries for over 60 percent of percent ethanol. For sure, we must objection, it is so ordered. our crude oil, our dependence on them continue on this path of reducing for- f is a threat to our national security. eign oil dependence and greater renew- In recent years, many Members of ENERGY able fuel use. the Senate have touted the value of in- To do that, then, it is critical that Mr. GRASSLEY. Mr. President, I am creasing our domestic energy re- we develop the infrastructure and the going to talk about an energy issue. I sources. I have been one of those—par- demand for E85, an alternative fuel am sure people listening, and my col- ticularly for ethanol and particularly comprised of 85 percent ethanol, 15 per- leagues, might think I am talking for biodiesel. In Iowa, I am the father cent gasoline. about an energy issue because gasoline of the wind energy tax credit. Iowa is Our domestic auto manufacturers are is at the highest price it has ever been the third leading State in the produc- leading the effort to expand what we in the history of the country. I assure tion of electricity from wind energy. call the flex-fuel—meaning flexible you I would be giving these remarks Increasing domestic resources, fuel—market. Our domestic manufac- even if the price of gasoline was only $1 whether it is ethanol, biodiesel, wind, turers of automobiles are doing this. a barrel, because it involves, in an biomass, you name it—all of these are Our domestic automakers have pro- overview, testimony that was given by from alternative sources that are good duced approximately 6 million flex-fuel oil company executives before the Ju- for our economy and particularly good vehicles over the past decade. In fact, diciary Committee some time ago. for our national security. Diversity of you might be driving a flex-fuel vehicle What is being reported are policies of supply can go a long way toward reduc- and don’t even know it, burning 100 oil companies. I have become aware of ing the impact of price spikes and vola- percent gasoline, or the 90/10 percent an article in the Wall Street Journal. tility. That is why I have been such an mixture of gasoline and ethanol. Look So I am going to be referring, during ardent supporter of the development of at your book. If you can burn E85, do my remarks, to evidence I got from the these domestic renewable fuels. Each it—if you can buy it. I am going to Wall Street Journal, letters that I have gallon of homegrown, renewable eth- point out how that is a problem—the sent to the CEOs of major oil compa- anol or biodiesel is 1 gallon of fuel that distribution—and the oil companies’ nies, and testimony that was given be- we are not importing from countries involvement in it.

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6540 CONGRESSIONAL RECORD — SENATE May 23, 2007 In a visit to the White House in bottom part of this picture depicts the probably the largest seller of ethanol. March of this year, the chief executive CEOs I named from ExxonMobil, Brit- According to the CEO for British Pe- officers of Ford, General Motors, and ish Petroleum, Chevron, troleum, all of BP’s 8,900 independently DaimlerChrysler committed to double ConocoPhillips—I will not name them owned stations are free to deploy E85. their production of E85 vehicles by all, the major oil companies testifying, Finally, the CEO of ConocoPhillips 2010. By 2012, they committed to have taking their oath, as they swore to tell simply associated himself with the 50 percent of their production of vehi- the truth in the Judiciary Committee. comments of the other witnesses. cles E85 capable. Listen, there is a big I remind my colleagues of another Mr. President, I ask unanimous con- price difference here—$2.85 for E85 a very famous group of CEOs on the top sent that the relevant pages of the gallon versus $3.33 for gasoline today. of this picture back in 1994 taking the March 14, 2006, Senate Judiciary Com- So when they get 50 percent of their oath to tell the truth to a House committee transcript be printed in the production E85 capable, this is then, as mittee. Those are the CEOs of the RECORD. they say, a highly achievable goal with major tobacco companies. At that There being no objection, the mate- very little impact on consumers be- hearing, our great colleague from Or- rial was ordered to be printed in the cause you can buy these cars for as lit- egon, Senator WYDEN, who was then a RECORD, as follows: tle as $200 in additional cost. So you Member of the other body, went down CONSOLIDATION IN THE OIL AND GAS INDUSTRY: can burn the E85 as well as 100 percent the line of these CEOs and asked each RAISING PRICES? gasoline. If you would rather pay more of them whether they believed nicotine Senator GRASSLEY. I want to ask a ques- and buy the 100 percent gasoline, you or cigarettes were addictive. We all tion of any of you, and this is in regard to al- can still burn it in the same car. This know how that hearing went, with each ternative energy. And most of you know I is very inexpensive for the money that of the CEOs testifying that nicotine am a big promoter of ethanol. I have heard can be saved. was not addictive when, in fact, it is. stores after stories about independent own- However, a very important compo- There is the photo of those CEOs who ers of franchised or branded stations who are prohibited from selling alternative or renew- nent of the alternative fuel market is got themselves in trouble a little bit able fuels, so I would like to hear from some ensuring that the fuel is available to later when there was plenty of evidence of you—will you commit to allowing inde- the consumers. The ethanol industry is brought out that they knew what the pendent owners of branded stations who working hard to increase production of situation was with tobacco being ad- choose to sell E–85 or B–20 to do so? Would ethanol, and they are on target to have dictive and what they did to make it you allow independent owners to produce al- 11 billion gallons in a little while. addictive. Of course, the second photo ternative fuels from any outlet so that they The automobile makers are ramping is from March 2006, before the Senate can puchase a fuel at the lowest cost? up production of their vehicles. So ev- Judiciary Committee, of the chairmen Mr. TILLERSON. Senator, we have denied no request from any of our dealers who have erybody seems to be doing their part. of the major oil companies taking an But where is the oil industry? I asked for permission to sell unbranded E–85 oath to tell the truth as well. at their sites. We have asked that they make thought a year ago, when they ap- Much like my colleague, Senator it clear that it is not an ExxonMobil prod- peared before the Judiciary Com- WYDEN, when he was a Member of the uct, that we do not manufacture it, therefore mittee, they were on the road to co- House of Representatives asking the we can’t stand behind the quality. But we operating with the distribution of E85, tobacco company executives about to- have granted every request by our dealers but I read in the Wall Street Journal bacco being addictive, I questioned the who wanted to install separate pump facili- quite a different story. So I think I can oil company executives, in the bottom ties under their canopy for E–85. Senator GRASSLEY. I would like to hear legitimately ask, if we got the car picture, at the time of this hearing, manufacturers producing E85 cars that from other companies, maybe not all of you, about their policies regarding alter- but at least—— can burn that and the ethanol industry native fuels, meaning mostly ethanol. I Mr. O’REILLY. Senator, I would be willing producing it, where is the oil industry? was leading up to E85. I asked the CEOs to say that we have already asked for. It is Because that is the distribution of this. quite clearly if they would commit to already out there. It can be under the can- There is not an independent distribu- allowing independent owners of brand- opy. Same quality issue. I would also add tion of E85. You have to go to your filled stations to sell E85 or biodiesel, B20, that we are probably the largest, certainly ing station, where you can buy 100 per- which is a 20-percent mixture with pe- one of the largest sellers of ethanol today al- cent gasoline and have the alternative ready. troleum diesel. Remember, as I was Mr. HOFMEISTER. Senator, we are in the of filling up with E85. asking them questions, these folks same position as has been described. You What have they done to ensure a ro- were under oath. may be aware that we are currently launch- bust growth of the alternative fuels I also asked them if they would allow ing a pilot in Chicago, in conjunction with market? Well, Mr. President, it appears those station owners to purchase the one of the automobile manufacturers, to test they have been less than helpful. I have alternative fuel from any outlet be- E–85. And I think that is an important point. referred to this article in the Wall cause if they didn’t sell it and oil com- E–85 needs to be tested in the marketplace Street Journal. It details many of the panies are not selling ethanol but peo- before we go full-scale into E–85 supply. The reason for that is we don’t fully understand obstacles the major oil companies use ple who produce it can, will they let to block service stations from selling or know the implications of E–85, and as a their stations buy it from an inde- major brand, of course, the provider of that E85. pendent outlet. Each of these CEOs, fuel will often be considered liable for such Now, imagine my surprise when I when I asked that question, testified fuel. And until we understand it, I think we read this story, because just over a that they were perfectly willing to need to really work at what are the condi- year ago, I questioned many of the allow the sale of alternative fuels at tions under which this would be sold. CEOs of the major oil companies on their stations. ExxonMobil CEO Rex Senator GRASSLEY. Most of the people I this very issue when they appeared be- Tillerson stated: hear complaints from will assume liability. fore the Senate Judiciary Committee You don’t have to have that liability. We’ve denied no request from any of our Other companies? Are you willing to co- about whether there was any sort of dealers who have asked for permission to sell violation of antitrust laws, any sort of operate with E–85? unbranded E85. We’ve granted every request Mr. KLESSE. Senator, I would agree with collusion. There was a whole range of by our dealers who wanted to install sepa- what has been said. questions that were being asked by the rate pump facilities under their canopy for Mr. PILLARI. Senator, of our 9,300 stations, members of the Judiciary Committee, E85. 8,900 of them are independently operated and wanting to know if the marketplace is Mr. David O’Reilly, the CEO of Chev- they are free to deploy E–85. We are also run- working, because if the marketplace is ron—I am referring to people who took ning a test program on E–85 in California to working, you cannot have any com- an oath to tell the truth, and we can test its efficacy and its air pollution im- plaints. But if it is not working, we see their picture here—Mr. David pacts, because California restricts how much have to do something about it. The O’Reilly, CEO of Chevron, responded, ethanol can be used in gasoline today. Mr. MULVA. Senator, we have the same CEOs of ExxonMobil, British Petro- similarly stating that E85 was already comments that you have heard from the re- leum, Chevron, ConocoPhillips, and available at Chevron stations and that sponses from the others already. others testified before this Senate Ju- it was available under the canopy. He Senator GRASSLEY. My time is up, but this diciary Committee under oath. The offered with pride that Chevron was business of you having to test something

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6541 when you have the president of—I think it is That seems to be very contrary to sion,’’ according to an Exxon spokeswoman. the CEO of Ford on television all the time what they told us, that they were al- It seems this policy has much more to do saying how they are promoting their E–85 lowing the sale of E85 at their stations. with limiting the availability of alternative cars, it seems to me if you have the presi- Mr. James J. Mulva, ConocoPhillips: fuels than customer confusion. dent of a major corporation like that, that is I would appreciate hearing your expla- all the test you need. Leave it up to the con- The Wall Street Journal article indicated nation as to why you led me, the Judiciary sumer to make the decision. that Conoco Phillips does not allow E–85 Committee and the American people to be- Chairman SPECTER. Thank you, Senator sales on primary islands under the canopy. lieve that Exxon Mobil supports making E–85 Grassley. This policy directly contradicts the state- available to your customers, yet your comment to which you associated yourself dur- pany is described by the Wall Street Journal Mr. GRASSLEY. So the CEOs of the ing the March 2006 hearings. as a key obstacle to expanding the avail- major integrated oil companies testi- And lastly, Mr. David J. O’Reilly, ability of alternative fuels. I would appre- fied under oath before the Judiciary Chevron: ciate knowing exactly what Exxon Mobil is Committee stating their willingness to doing to grow the E–85 market, and why you . . . Chevron’s agreement with franchisees believe your tactics aren’t simply obstacles, allow independent stations to offer E85. discourages selling E–85 under the main can- as claimed by the Wall Street Journal. But the Wall Street Journal told a opy and includes policies that are claimed to I look forward to receiving your response much different story. It highlighted prevent franchisees from deceiving cus- not later than May 25, 2007. tactics used by the big oil companies to tomers as to the source of the product. The Sincerely, Wall Street Journal article indicated that block alternative fuel. The obstacles CHARLES E. GRASSLEY, Chevron recommends that E–85 pumps be included contracts restricting the pur- U.S. Senate. chase by the station owners of alter- outside the canopy and that Chevron prohibits branded stations from including E85 native fuel. They also required the in- U.S. SENATE, on signs listing fuel prices. stallation of completely separate Washington, DC, May 3, 2007. pumps, sometimes far away from the I ask unanimous consent that these Mr. ROBERT A. MALONE, main canopy, and in many cases sta- letters to ExxonMobil, British Petro- Chairman and President, British Petroleum leum, ConocoPhillips, and Chevron be America, Inc., Houston, Texas. tion owners are prohibited from adver- DEAR MR. MALONE: For many years, I’ve tising the product or even posting the printed in the RECORD. There being no objection, the mate- been supporting and promoting ethanol and price of that fuel, E85. British Petro- biodiesel fuels as a way to reduce our de- leum goes so far as to prohibit station rial was ordered to be printed in the pendence on foreign and traditional energy owners from placing signs that include RECORD, as follows: sources, and increase our national security U.S. SENATE, E85 on gasoline dispensers, perimeter and rural economies. Our nation is now con- Washington, DC, May 3, 2007. suming five billion gallons of ethanol annu- signs, or light poles. These tactics Mr. REX TILLERSON, don’t sound consistent with a com- ally, and is estimated to produce as much as Chairman and Chief Executive Officer, Exxon eleven billion gallons annually by 2009. pany—meaning British Petroleum— Mobil Corporation, Irving, Texas. In an effort to further reduce America’s oil with a marketing slogan ‘‘beyond pe- DEAR MR. TILLERSON: For many years, I’ve dependence, it’s imperative that higher eth- troleum.’’ been supporting and promoting ethanol and anol blends be available to consumers. While The big oil companies on many occa- biodiesel fuels as a way to reduce our de- our domestic auto manufacturers are leading sions cited ‘‘customer confusion’’ as pendence on foreign and traditional energy the effort to expand the flex-fuel vehicle sources, and increase our national security market, more must be done to expand the the rationale for their policies or that and rural economies. Our nation is now con- they don’t want to ‘‘deceive their cus- fuel’s availability. Of the 170,000 stations na- suming five billion gallons of ethanol annu- tionwide, only 1,100 currently offer E–85. tomers’’ about the product. I happen to ally, and is estimated to produce as much as This represents less than one percent of fuel believe that it has more to do with lim- eleven billion gallons annually by 2009. stations. iting the availability of a product that In an effort to further reduce America’s oil On March 14, 2006, Mr. Ross Pillari, former they don’t control and the sale of alter- dependence, it’s imperative that higher eth- Chairman of BP America, testified under native fuels much more than it is cus- anol blends be available to consumers. While oath before the Senate Judiciary Committee. tomer deception. our domestic auto manufacturers are leading At the hearing, I asked Mr. Pillari if BP the effort to expand the flex-fuel vehicle After I read the Wall Street Journal would commit to allow independent owners market, more must be done to expand the of branded stations to sell E–85 or B–20, and article, which is so contrary to what I fuel’s availability. Of the 170,000 stations na- if BP would allow those station owners to remember them telling me 1 year, 13 tionwide, only 1,100 currently offer E–85. purchase the alternative fuel from any out- months before, I wrote letters to the This represents less than one percent of fuel let. For your benefit, I’ve enclosed a copy of CEOs who testified. Their picture is stations. the hearing transcript. here. I pointed out the contradictions As you may recall, on March 14, 2006, you In his response to me, Mr. Pillari stated in their testimony before the Senate testified under oath before the Senate Judi- that British Petroleum was already allowing ciary Committee. At the hearing, I asked if Judiciary Committee and the allega- independently owned stations to freely de- you would commit to allow independent ploy E–85. His testimony before the com- tions that were made in the Wall owners of branded stations to sell E–85 or B– mittee clearly stated that British Petroleum Street Journal. 20, and if you would allow those station own- was perfectly willing to allow the sale of al- I wish to refer to these letters so my ers to purchase the alternative fuel from any ternative fuels at BP stations. However, a re- colleagues will know what I asked outlet. For your benefit, I’ve enclosed a copy cent Wall Street Journal article, which I’ve them based on this article. of the hearing transcript. enclosed, detailed many of the obstacles I have a letter to Mr. Rex Tillerson of In your response to me, you stated that your company and other major integrated oil ExxonMobil. I am not going to read the Exxon Mobil has denied no request from any companies apparently use to effectively pro- dealers who sought permission to sell whole letter, but I am going to read hibit or strongly discourage the sale of alter- unbranded E–85. In addition, you stated that native fuels. what I am after here: every request to sell the fuel under the can- The Wall Street Journal article indicated In fact, Exxon Mobil’s standard contract opy has been granted. Your testimony before that BP prohibits branded stations from in- bars Exxon stations from buying fuel from the committee clearly stated that Exxon cluding E–85 on gasoline dispensers, perim- anybody but Exxon—a fact you chose not to Mobil was perfectly willing to allow the sale eter signs or light poles. Another obstacle disclose to our committee. It also appears of alternative fuels at Exxon Mobil stations. employed by your company is the prohibi- that even in cases where exceptions are However, a recent Wall Street Journal arti- tion on using pay-at-the-pump credit card made, Exxon requires those station owners cle, which I’ve enclosed, detailed many of machines for E–85 purchases. It seems these to install entirely separate dispensers. . . . the obstacles your company and other major policies are in place simply to limit the I refer to a letter I sent to Mr. Robert integrated oil companies apparently use to availability and sale of alternative fuels, effectively prohibit or strongly discourage rather than prevent customer confusion. Malone, chairman of British Petro- the sale of alternative fuels. I would appreciate hearing your expla- leum: In fact, Exxon Mobil’s standard contract nation as to why Mr. Pillari led me, the Ju- The Wall Street Journal article indicated bars Exxon stations from buying fuel from diciary Committee and the American people that BP prohibits branded stations from in- anybody but Exxon—a fact you chose not to to believe that British Petroleum supports cluding E–85 on gasoline dispensers, perim- disclose to the committee. It also appears making E–85 available to your customers, eter signs or light poles. Another obstacle that even in cases where exceptions are yet your company is described by the Wall employed by your company is the prohibi- made, Exxon requires those station owners Street Journal as a key obstacle to expand- tion of using pay-at-the-pump credit card to install entirely separate dispensers, for ing the availability of alternative fuels. I machines for E–85 purchases. . . . the purpose of ‘‘minimizing customer confu- would appreciate knowing exactly what BP

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6542 CONGRESSIONAL RECORD — SENATE May 23, 2007 is doing to grow the E–85 market, and why U.S. SENATE, making E85 available to their cus- you believe your tactics aren’t simply obsta- Washington, DC, May 3, 2007. tomers when there is plenty of evi- cles, as claimed by the Wall Street Journal. Mr. DAVID J. O’REILLY, dence that they do not practice what Chairman and Chief Executive Officer, Chevron I look forward to receiving your response they preach, that they do not practice Corporation, San Ramon, CA. not later than May 25, 2007. DEAR MR. O’REILLY: For many years, I’ve what they told our committee under Sincerely, been supporting and promoting ethanol and oath. CHARLES E. GRASSLEY, biodiesel fuels as a way to reduce our de- What I am afraid of is that these United States Senator. pendence on foreign and traditional energy companies are not serious about ex- sources, and increase our national security panding the availability and use of al- U.S. SENATE, and rural economies. Our nation is now con- ternative fuels. I say this for a couple Washington, DC, May 3, 2007. suming five billion gallons of ethanol annu- reasons. First, if one takes a close look Mr. JAMES J. MULVA, ally, and is estimated to produce as much as at the E85 stations in my home State Chairman and Chief Executive Officer, Conoco eleven billion gallons annually by 2009. of Iowa, it is rather telling. I have a Phillips Company, Houston, Texas. In an effort to further reduce America’s oil map. What might look like missiles are DEAR MR. MULVA: For many years, I’ve dependence, it’s imperative that higher ethanol blends be available to consumers. While ears of corn because ethanol comes been supporting and promoting ethanol and from corn. We have 65 stations in Iowa biodiesel fuels as a way to reduce our de- our domestic auto manufacturers are leading the effort to expand the flex-fuel vehicle pendence on foreign and traditional energy selling E85 today. Only one of those 65 market, more must be done to expand the sources, and increase our national security stations selling is a major branded sta- fuel’s availability. Of the 170,000 stations na- and rural economies. Our nation is now con- tion, and it is down where the yellow tionwide, only 1,100 currently offer E–85. suming five billion gallons of ethanol annu- arrow is—only one of 65. This represents less than one percent of fuel A second reason I am skeptical of big ally, and is estimated to produce as much as stations. eleven billion gallons annually by 2009. As you may recall, on March 14, 2006, you oil’s claims comes straight from the In an effort to further reduce America’s oil testified under oath before the Senate Judi- words of their chief lobbyist, the head dependence, it’s imperative that higher eth- ciary Committee. At the hearing, I asked if of the American Petroleum Institute. anol blends be available to consumers. While you would commit to allow independent Red Cavaney recently stated that there our domestic auto manufacturers are leading owners of branded stations to sell E–85 or B– is not enough ethanol or flex-fuel vehi- the effort to expand the flex-fuel vehicle 20, and if you would allow those station own- cles available to economically justify market, more must be done to expand the ers to purchase the alternative fuel from any widespread installation of E85 pumps. fuel’s availability. Of the 170,000 stations na- outlet. For your benefit, I’ve enclosed a copy For argument’s sake, let’s assume tionwide, only 1,100 currently offer E–85. of the hearing transcript. that is an accurate statement. Why, In your response to me, you stated that This represents less than one percent of fuel then, would big oil undertake such an stations. Chevron was already allowing station owners to sell E–85, and that it was available and effort to block independent station As you may recall, on March 14,2006, you under the canopy. Your testimony before the owners from deciding for themselves testified under oath before the Senate Judi- committee clearly stated that Chevron was whether to invest in the infrastruc- ciary Committee. At the hearing, I asked if perfectly willing to allow the sale of alter- ture? Let the station owners make that you would commit to allow independent native fuels at Chevron stations. You proud- decision. Let’s not have, as this article owners of branded stations to sell E–85 or B– ly stated that Chevron is one of the largest 20, and if you would allow those station own- in the Wall Street Journal implies, all sellers of ethanol. However, a recent Wall these obstacles, particularly since we ers to purchase the alternative fuel from any Street Journal article, which I’ve enclosed, outlet. For your benefit, I’ve enclosed a copy detailed many of the obstacles your company were led to believe when they testified of the hearing transcript. and other major integrated oil companies ap- under oath before our committee that In your response to me, you simply associ- parently use to effectively prohibit or they were fully cooperating with allow- ated yourself with the statements made by strongly discourage the sale of alternative ing the installation of E85 pumps. If big the other witnesses. That association led me fuels. oil sees no competitive threat from E85 to believe that Conoco Phillips was already In fact, Chevron’s agreement with pumps, why not just let the inde- allowing independently owned stations to franchisees discourages selling E–85 under pendent-minded station owner decide if freely deploy E–85 under the canopy. Your the main canopy and includes policies that there is a demand for the product? The testimony before the committee clearly indi- are claimed to prevent franchisees from deceiving customers as to the source of the market will make that decision. Why cated that Conoco Phillips was perfectly erect all these discriminatory tactics if willing to allow the sale of alternative fuels product. The Wall Street Journal article indicated that Chevron recommends that E–85 you believe there is no threat from al- at branded stations. However, a recent Wall pumps be outside the canopy, and that Chev- ternative fuels? Street Journal article, which I’ve enclosed, ron prohibits branded stations from includ- When I get answers to my letters— detailed many of the obstacles your company ing E–85 on signs listing fuel prices. It seems and other major integrated oil companies ap- and I am going to wait until I get all these policies are in place simply to limit parently use to effectively prohibit or the answers back before I draw any the availability and sale of alternative fuels, strongly discourage the sale of alternative conclusions—maybe they will say the rather than prevent customer deception. Wall Street Journal article is wrong. I fuels. I would appreciate hearing your expla- The Wall Street Journal article indicated nation as to why you led me, the Judiciary hope that is what I find out and that that Conoco Phillips does not allow E–85 Committee and the American people to be- they did not mislead us under oath sales on the primary island under the can- lieve that Chevron supports making E–85 when they testified before the com- opy. This policy directly contradicts the available to your customers, yet your committee. statements to which you associated yourself pany is described by the Wall Street Journal All I can say is, as I conclude, if our during the March 2006 hearing. as a key obstacle to expanding the avail- Nation is serious about reducing our ability of alternative fuels. I would appre- I would appreciate hearing your expla- dependency on fossil fuels and im- ciate knowing exactly what Chevron is doing nation as to why you led me, the Judiciary ported crude oil, more must be done to to grow the E–85 market, and why you be- Committee and the American people to believe your tactics aren’t simply obstacles, as expand the infrastructure for ethanol lieve that Conoco Phillips supports making claimed by the Wall Street Journal. and particularly E85. America’s farm- E–85 available to your customers, yet your I look forward to receiving your response ers are demonstrating daily their de- company is described by the Wall Street not later than May 25, 2007. sire to reduce our dependence on for- Journal as a key obstacle to expanding the Sincerely, eign oil by producing more corn in the availability of alternative fuels. I would ap- CHARLES E. GRASSLEY, United States. More acres of corn were preciate knowing exactly what Conoco Phil- United States Senator. lips is doing to grow the E–85 market, and planted this year than any time since why you believe your tactics aren’t simply Mr. GRASSLEY. Mr. President, in 1944. And our ethanol industry has in- obstacles, as claimed by the Wall Street my letters, I ask for an explanation of vested to make sure we can be less de- Journal. their policies that are seemingly used pendent on imported crude oil. to block alternative fuels. I hope to get So I look forward to hearing from big I look forward to receiving your response not later than May 25, 2007. a thorough explanation as to why these oil companies on what they are doing Sincerely, CEOs led me, led the Senate Judiciary to help. I hope I get answers that are CHARLES E. GRASSLEY, Committee members, and the Amer- contrary to what the Wall Street Jour- United States Senator. ican people to believe they support nal said.

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6543 Mr. President, I yield the floor. that I think the Commerce Committee In any event, Senator STEVENS has f ought to see the documents of the had a profound effect on the Senate $150,000 severance package and its and the Nation in his roles as chairman NOMINATION OF MICHAEL amendments, its subsequent modifica- of the Defense Appropriations Sub- BAROODY tion. committee, chairman of the full Appro- Mr. NELSON of Florida. Mr. Presi- Mr. Baroody said he would consider priations Committee, and as President dent, the White House has just an- that request. Of course, the clock was pro tempore. nounced the President has withdrawn ticking because there was going to be a It is also important to note that Sen- the nomination of Michael Baroody to hearing in front of the Commerce Com- ator STEVENS’ career in public service be the Chairman of the Consumer Prod- mittee tomorrow on his nomination. began even before he arrived in the uct Safety Commission. I think this is But, in the meantime, the White House U.S. Senate. He is a distinguished vet- a wise move on the part of the White has just announced it is having the eran of the U.S. Army Air Corps, hav- House because of the perceived conflict President withdraw the nomination. ing flown support missions for the Fly- of interest of Mr. Baroody—an em- I will conclude by saying we have a ing Tigers of the 14th Air Force during ployee of the National Association of saying down in the South in regard to World War II, for which he was awarded Manufacturers being nominated to be avoiding a conflict of interest. It is numerous medals, including the Distin- the Chairman of the very regulatory like putting a fox in charge of the hen guished Flying Cross. He had a strong agency that governs the regulation and house, the very hen house with the academic career, graduating from the safety of the very products of the hens you want to protect. It is an ap- UCLA and Harvard Law School. In the industry from which he comes. parent conflict of interest. I think the 1950s, he practiced law in Alaska before It would be like, in my former life as White House was well served to with- moving to Washington, DC, to work in the elected insurance commissioner, if draw the nomination. President Eisenhower’s administration. in a State where the Governor ap- f He subsequently returned to Alaska pointed the insurance commissioner, a and was elected to the Alaska House of TRIBUTE TO SENATOR TED regulator, the Governor would pick an Representatives in 1964 and soon be- STEVENS executive of an insurance company to came majority leader. Finally, in 1968, regulate the very industry he came Mr. SPECTER. Mr. President, I seek he was appointed U.S. Senator from from as the insurance commissioner. recognition to congratulate my friend Alaska and has represented his State By the way, that happens with tre- Senator TED STEVENS on becoming the ever since with pride and devotion. mendous frequency in the 50 States, longest serving United States Repub- His recognition as ‘‘Alaskan of the that they appoint the insurance com- lican Senator in the history of the Sen- Century’’ is a real tribute, and I have missioner, and they are usually there ate. He has had a long and distin- no doubt that when the passage of time for less than a year. Then the revolving guished career in public service rep- calls for the designation of ‘‘Alaskan of door turns again, and they go right resenting the State of Alaska in the the Millennium,’’ it will be Senator back into the very industry from which Senate for over 39 years, casting over TED STEVENS. they came and of which they had just 14,000 votes, and never receiving less f been the regulator. than 67 percent of the vote in any elec- Putting someone from the National tion. HONORING OUR ARMED FORCES Association of Manufacturers at the My recollections of TED STEVENS, PRIVATE FIRST CLASS JEFFREY AVERY head of the Consumer Product Safety during the 27 years we have served to- Mr. SALAZAR. Mr. President, I rise Commission is a similar kind of poten- gether in the Senate, focus on his to remember a Coloradan lost to us in tial conflict of interest. chairmanship of the Defense Appro- Iraq. I will give you another example. My priations Subcommittee, where he has Army PFC Jeffrey A. Avery was just former colleague and friend in the done so much to promote our national 19 years old when he was lost to this House, Billy Tauzin—a distinguished security. For example, his management life late last month in Muqudadiyah, public servant, Congressman formerly of the $87 billion supplemental appro- Iraq. from Louisiana—now is the head of priations bill for fiscal year 2003 earned Jeffrey attended Coronado High Pharmaceutical Research and Manu- him high praise by President Bush dur- School in 2005 and went on to attend facturers of America. This would be ing the signing ceremony. Pikes Peak Community College, where like the White House appointing Billy TED’s temper is generally misunder- he was studying criminal justice with Tauzin—the very head of an associa- stood except by those who know him the hopes of becoming a police officer. tion in the industry—to regulate that well. He doesn’t lose it, but he does use He enjoyed the outdoors and would industry by making him head of the it—and very effectively. However, it is spend his summers in California with Food and Drug Administration, the true that on occasion he makes Vesu- his grandparents. regulatory body that would regulate vius look mild. I recollect one all-night But instead of these pursuits, Jeffrey the pharmaceutical industry. session during Senator Howard Baker’s decided to answer his Nation’s call. Of course, I do not think the White tenure as majority leader when TED ex- In Iraq, Specialist Avery served as a House would even think of doing such a pressed himself in an unusually em- military police officer, training for his thing. phatic way. As I recall it, the debate future. At the time he was killed, he Well, a similar kind of conflict of in- arose over Senator Proxmire’s com- was manning a checkpoint, helping to terest arose. But a more serious note ments about submitting vouchers for keep others safe from harm. even arose than the potential conflict travel expense in Wisconsin on his con- President John F. Kennedy once said, when it became apparent there was a tention that Washington, DC, was his ‘‘Every area of trouble gives out a ray severance package that had been cre- home base. That prompted a reaction of hope, and the one unchangeable cer- ated for Mr. Baroody while he was still from TED, who was aghast at the tainty is that nothing is certain or un- in the employ of the National Associa- thought of Washington, DC, being any changeable.’’ tion of Manufacturers that was for Senator’s home when he had the majes- Private First Class Avery embodied $150,000; and subsequently we learned of tic Alaska to claim as his home. this hope with his service to our Na- an additional amendment to that sev- Some thought that the middle-of-the- tion. He chose to put himself into the erance package, after it was announced night incident might have cost him a area of trouble and to assume the re- he was nominated to be Chairman of couple votes, which could have been de- sponsibility of hope for millions of the Consumer Product Safety Commis- cisive, on his election for majority Iraqis and Americans. sion. leader in November of 1984, when the He will be missed by all those around Mr. Baroody came in and we had a count was 28 to 25 in favor of Senator him, and he and his family will remain discussion about this issue. He had his Dole, but it was reliably reported that in our prayers. own explanation. I do not take any- his loss occurred because of the signifi- CORPORAL CHRISTOPHER DEGIOVINE thing from that explanation. So, natu- cant slippage in votes caused by the to- Mr. President, I wish to take a mo- rally, the next request that I made was bacco interests. ment to remember a fallen Marine Cpl

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6544 CONGRESSIONAL RECORD — SENATE May 23, 2007 Christopher Degiovine of Lone Tree, came heavy as a young man, Corporal neys of families from across our State CO. Corporal Degiovine lost his life Oglesby found a way to ‘‘float on’’ and as they grieve the loss of their sons, fa- late last month in Fallujah, Iraq. He to continue moving forward. thers, husbands, and friends. Many of was just 25 years old. To his sister Samantha and brother these families, brought together by Christopher Degiovine was a native Richard: As you mourn the loss of your community screenings of the documen- of Essex Junction, VT, and had made brother, know that our Nation mourns tary, now are able to turn to each Colorado his home for only a few with you the loss of another exemplary other for comfort. months. He majored in criminal justice soldier and American. He will live on With this remarkable project, these at Champlain College, where he grad- our memories for his courage, service, students from Norwich University— uated in 2005, and was looking to pur- and sacrifice. many of whom have friends, family, sue a career in law enforcement. f and colleagues serving on the front After moving to Colorado, Chris- lines of the wars in Iraq and Afghani- SPECIALIST DAVID W. BEHRLE topher Degiovine answered his Nation’s stan—have given a great gift to these Mr. GRASSLEY. Mr. President, it is call and joined the Marine Corps in De- families and to us all. They have hon- with great sadness that I announce to cember 2005. He was excited about the ored in this special way those from the Senate today that SPC David W. opportunity, and proud to be serving Vermont who have fallen and they Behrle has lost his life in Iraq. David his Nation. He was promoted to cor- have offered a glimpse into the searing Behrle died in the service of his coun- poral a year later, and had only just and highly personal grief and mourning try, and it is absolutely appropriate been sent to Iraq when he was killed. that have touched thousands of Amer- that we take this opportunity to salute Christopher Degoivine’s life was one ican families and scores of American his patriotism and his sacrifice. of extraordinary promise cut far too communities, across Vermont and Specialist Behrle died Saturday short. His patriotism compelled him to across the country. They have pro- night, May 19, 2007, after his patrol ve- a higher calling, and for that every duced a tribute that speaks directly to hicle was hit by a roadside bomb south American is humbled and grateful. His each human heart. of Baghdad. My thoughts, prayers, and service to each of us and his sacrifice NBC’s ‘‘Today’’ recently aired a seg- sincere condolences go out to his moth- on behalf of all us is a debt we can ment about ‘‘Vermont Fallen.’’ I ask er, Dixie Pelzer of Tipton, IA, and his never repay. unanimous consent that the transcript father, John Behrle of Columbus, NE, Matthew 5:9 reminds us: ‘‘Blessed are be printed in the RECORD. as well as the Tipton community that the peacemakers: for they shall be There being no objection, the mate- is now dealing with the loss of their called the children of God.’’ Corporal rial was ordered to be printed in the second native son in Iraq. While we try Degiovine was one of these very peace- RECORD as follows: makers, and his place will always be to prepare ourselves for the loss of life that comes with war, it is impossible NBC’S TODAY—MAY 9, 2007 reserved in our hearts. He and his fam- Class project by students at Norwich Univer- ily will remain in my prayers, and to prepare for the very personal experience of losing a young life so close to sity pays tribute to Vermont soldiers lost those of the Nation, tonight and al- in Iraq and Afghanistan home. David is best described by a ways. ANCHORS: DAVID GREGORY CORPORAL WADE OGLESBY former classmate as ‘‘not only our REPORTERS: DAWN FRATANGELO Mr. President, I rise to reflect on the class president, he’s now our class DAVID GREGORY, co-host: memory of Army Cpl Wade Oglesby, of hero.’’ He served his country with vigor Vermont has lost more soldiers per capita Grand Junction, CO. Corporal Oglesby and enthusiasm, and his presence will in Iraq than any other state. Now students was killed late last month in Taji, Iraq. be missed in both Tipton and our at Vermont’s Norwich University, the na- Armed Forces. tion’s oldest military academy, are paying He was only 28 years old and was look- tribute in a unique way. Here’s NBC’s Dawn ing forward to returning home and f Fratangelo. joining the Mesa County Sheriff’s Of- TRIBUTE TO VERMONT FALLEN (Beginning of clip of ‘‘Vermont Fallen’’) fice. Unidentified Woman #1: I screamed and Wade Oglesby’s life was not an easy Mr. LEAHY. Mr. President, words said, ‘No, not Eric. My only boy.’ one. He was a young man who had to and numbers are often used on this Unidentified Woman #2: Colonel Williams grow up far too soon. His father left his floor to describe the ongoing war in told me immediately that Mark didn’t make family when Wade was just 5, and his Iraq. In recent weeks, we have found it. ourselves debating the policy decisions (End of clip) mother relocated the family from Den- DAWN FRATANGELO reporting: ver to the city Grand Junction, on the that created the current climate in Three of them were named Mark. There other side of the Great Divide. Iraq, the current strategy in Baghdad, were also three Chrises. Half of them were As a sophomore in high school, Wade and the policy shifts that need to occur under the age of 24. They are the Vermont Oglesby’s mother Linda fell terribly ill, to bring our men and women home. We fallen, 25 men from this small state killed in and Wade left high school to care for frequently cite the fast-rising numbers Iraq and Afghanistan. Now, subjects of a his dying mother. After she passed on, of military fatalities and injuries and powerful documentary told through the shat- Wade stayed with his younger sister the growing number of innocent civil- tered families left behind. ian deaths. Unidentified Man: (From ‘‘Vermont Fall- Samantha until she became an adult. en’’) You’re upset with everybody when your August 2004 was a turning point for A central element of this picture and son dies, and you don’t think rationally. I Corporal Oglesby he found his ‘‘true of this discussion should always be the don’t know if I’ll ever think rationally calling in life,’’ as his family said. He sacrifices and the suffering of the fami- again. joined the Army and found a place that lies at home. Vermont, small State FRATANGELO: There was something more he belonged. Wade’s brother Richard that we are, bears the burden of the here than just the raw pain and tears you see observed that Wade ‘‘was a soldier long highest fatality rate in the country, on screen. It’s about those behind the cam- before joining the Army.’’ with more deaths per capita in Iraq era, and the incredible bond that it formed. In the Army, Corporal Oglesby found than any other State. These losses So as young filmmakers, were you intimi- dated at all about approaching these fami- his mission. He was proud of his service have left dozens of families searching lies? to his Nation. It makes perfect sense for comfort as they mourn their loved Ms. AMANDA BENSON: Yes. Absolutely. that serving his country fit so natu- ones. FRATANGELO: Amanda Benson and Steve rally to Corporal Oglesby’s character: But in the darkest and saddest of Robitaille, along with Craig McGrath, are he had spent his whole life in selfless times, a new Vermont family has the senior producers of the film. They’re stu- service to those around him whom he emerged, brought together by the ef- dents—college students at Norwich Univer- loved. Helping and protecting others forts of students at Norwich Univer- sity in Northfield, Vermont, the nation’s old- sity, the Nation’s oldest military col- est military school. The film was their came naturally to him, and the Army media project. But Amanda knew from that carried him on his way. lege, which calls Northfield, VT, its first interview, this was more than just One newspaper in my home State re- home. ‘‘Vermont Fallen,’’ developed school work. ported that Wade Ogelsby’s motto in and produced by students at Norwich Ms. BENSON: So walking into it, I really life was ‘‘float on.’’ Even as his life be- for a media course, profiles the jour- didn’t think too much of it. But after about

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6545 maybe 25 minutes, you know, sitting right poses serious challenges. It is critical to reduce our budget deficits and in- across from Marion, she started crying, and the U.S. do all it can to ensure that crease national savings—in order to re- then I would start crying. China’s rise is peaceful and its trade duce our dependence on borrowing to Unidentified Woman #3: (From ‘‘Vermont practices fair, and under those condi- finance our deficits. We must ensure Fallen’’) My last words to him . . . tions, the United States should wel- Ms. BENSON: No way did we think we’d be that our companies and workers have so emotionally involved in the interview. come China’s continuing emergence the tools they need to compete in the FRATANGELO: Word spread, and eventu- and prosperity. global economy. Among other things, ally the students, guided by Professor Bill At the same time, we must remain this means stepping up our invest- Estill . . . prepared to respond should China’s rise ments in education, training, and Professor BILL ESTILL: Go frame by take a problematic turn. This means science and technology. We must make frame. maintaining our military presence in sure those Americans whose livelihoods FRATANGELO: . . . had 50 hours worth of the Asia-Pacific region, strengthening are threatened by our changing eco- interviews with families all over Vermont. our alliances, and making clear to both nomic relationship with China have ac- Every interview is heartbreaking. Beijing and Taipei that a unilateral Mr. CRAIG McGRATH: This is Patty cess to the resources and support they Holmes, whose son Jeffrey was a lance cor- change in the status quo in the Taiwan need. poral in the Marines, was killed in Iraq. Strait is unacceptable. Also, though But China must bear a substantial Ms. PATTY HOLMES: (From ‘‘Vermont today China’s military spending is one- share of the responsibility for restoring Fallen’’) When he had been home in April, I tenth of ours, we must monitor closely greater balance in its economic rela- said, ‘Jeff, I have to ask you something.’ And China’s strategic capabilities while tions with the United States and the he goes ‘What?’ ‘I have to ask you for your also pushing for greater transparency rest of the world. Just as the United forgiveness.’ And he said ‘Why?’ And I said, of its defense activities. States cannot unilaterally restore bal- ‘Because I wasn’t the mother I wanted to be.’ Although we must remain vigilant in All he did was hug me, and he told me he ance to China’s economic relations, the monitoring these potential develop- United States alone cannot mute pro- loved me. ments, our two nations also should FRATANGELO: Patty Holmes, and her tectionist demands. China must itself husband Scott would have never guessed strive to build a relationship that act to bring greater balance in its glob- that simply taking part in this project would broadens areas of cooperation where we al trade, so that all countries benefit help them heal. share mutual interests, as we have from its growth. Ms. HOLMES: I just felt that nobody knew done to respond to the nonproliferation I commend Treasury Secretary how I felt, and nobody could possibly under- challenge posed by North Korea. And Paulson for pursuing a strategic eco- stand. And meeting these other families, we should strengthen our ability to nomic dialogue with China, but it must they understand. manage our differences effectively. FRATANGELO: Because of a documentary, produce meaningful and lasting results. While we must never hesitate to be Even as we develop a better under- all the families get together now for dinners, clear and consistent with China where a trip to Washington, mostly for support. standing of how Chinese leaders view It’s as though this—being involved in this we disagree—whether on protection of their own economic priorities, we need gave you permission to sort of let . . . intellectual property rights, the ma- to confirm that these same leaders un- Mr. SCOTT HOLMES: Let your heart out. nipulation of its currency, human derstand how the policies they pursue Let your heart—let the world know how you rights, or the right stance on Sudan affect the United States and the global feel. and Iran—these differences, as a gen- economy. FRATANGELO: And people are listening. eral rule, should not prevent progress The film is being shown at the same high As a principal beneficiary of in areas where our interests intersect. globalization, China needs to support schools the fallen servicemen attended. Trade and economic issues, the sub- and strengthen the international eco- While the students at Norwich were docu- ject of the upcoming Strategic Eco- menting the pain of the Vermont families, nomic system as well. For example, it nomic Dialogue, are one crucial exam- they themselves were not immune to it. can and should take steps to increase ple of the significant opportunities and Four of their classmates have been killed in consumption—drawing in more imports Iraq. challenges China’s rise presents. China is now the third largest econ- and reducing dependence on exports for Ms. BENSON: Thank you to both—for I growth. China needs a modem financial guess, is the second family for some of us. omy in the world and is an increasingly FRATANGELO: All this talk about loss formidable commercial competitor. system to achieve this. American com- has made the young filmmakers reflect on But China also is our fastest growing panies can help develop such a system their own lives. Steve will join the military overseas market, fueling over $50 bil- but not if the playing field is unfairly after graduation. Amanda’s sister is about to lion in U.S. exports that help support tilted toward Chinese companies. be deployed. thousands of export-related jobs. Many China can and should contribute to Have you had these conversations with Americans also benefit from inexpen- bolstering the world’s economic system your sister? by allowing its currency, the renminbi, Ms. BENSON: Not yet. sive Chinese products that keep down our cost of living, and China is an im- to be determined by market forces. FRATANGELO: Will you? Today, Beijing amasses as much as $20 Ms. BENSON: Yeah, I think so. But I real- portant link in the global supply chain ly, I just—I can’t imagine. that benefits U.S. commercial inter- billion a month in foreign currency, FRATANGELO: No one imagined the les- ests. with the effects of keeping the sons of this class project. But none of that constitutes a reason renminbi substantially undervalued Mr. STEVE ROBITAILLE: Just unbeliev- to turn a blind eye to those ares of the and giving China an undue advantage able feeling knowing that you didn’t just economic relationship that are trou- in trade. The recent move to widen the make a documentary, you know, you bling. China ran a trade surplus with currency trading band is useful, but changed people’s lives, and they changed the United States of over $200 billion China must move more quickly toward ours. a market-based currency. FRATANGELO: Changed lives. Twenty- last year—the largest ever between any five families sat before cameras to talk two countries—accounting for nearly a China can and should contribute to about lost loved ones, and a new family third of our total global trade deficit. the success of globalization by pro- emerged. For TODAY, Dawn Fratangelo, Neither America nor the world can ac- viding stronger protection of intellec- NBC News, Northfield, Vermont. cept such imbalances, and if they re- tual property rights. The fact that 80 f main, it is inevitable that there will be percent of the pirated goods seized by U.S. Customs come from China is unac- VISIT OF VICE PREMIER WU YI demands for protection in America and elsewhere. ceptable. It suggests just how much Mr. OBAMA. Mr. President, I wish to I believe that the answer to the Chi- work needs to be done in this area. comment on the visit of Chinese Vice nese economic challenge is not to build China can and should contribute to Premier Wu Yi to Washington. This walls of protection but to knock down the world’s economic health by alter- visit comes at an important time for barriers, demand fair treatment for our ing its energy policies—addressing the the U.S.-China relationship and high- products and services, and increase our needs of its people at home while not lights the enormous stakes involved. own competitiveness. exacerbating problems abroad. Domes- As I have said in the past, China’s Much of the hard work to be done lies tically, China’s priority should be to rise offers great opportunity but also at home. We must implement policies increase energy efficiency. A system

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6546 CONGRESSIONAL RECORD — SENATE May 23, 2007 that requires twice as much energy as trepreneurship. Entrepreneurship based to serve the needs of all veterans in 50 the United States to produce each dol- on the skills and practiced discipline States. lar of economic growth is problematic. they embraced as part of their service TVC is working for our Nation’s vet- At the same time, China needs to to our Nation. Membership in TVC re- erans and we have an obligation to con- find cleaner sources of energy. Sixteen mains free to our veterans because the tinue funding programs that respond to of the twenty cities with the worst air Congress invested wisely in this orga- all business entrepreneurial needs. We in the world are in China, and China is nization. must build a solid transition from ac- poised to overtake the United States in In partnership with the Surety and tive military service to veterans’ en- greenhouse gas emissions in 2 to 3 Fidelity Association of America, trepreneurship. I am confident TVC is years. Just this week, a new report SFAA, we have a 50-State surety bond- that investment. found that worldwide carbon dioxide ing program that includes a com- f levels have accelerated rapidly since prehensive education curriculum and a ADDITIONAL STATEMENTS 2000, in part because of China’s reliance three-step process for veterans to se- on coal. cure the bonding they need on govern- China should rely on international ment contracts. Bonding is critical to WE THE PEOPLE HONORABLE energy markets to provide its oil and service-disabled veteran entrepreneurs MENTION gas imports and work with the United and to the Federal Government if the ∑ States and others to develop common Mr. LUGAR. Mr. President, I wish to 3-percent goal, mandated by the Presi- congratulate Hamilton Southeastern approaches to energy supplies and se- dent’s Executive Order, is to be curity. To continue seeking privileged High School’s We the People class on achieved. TVC’s partnership with receiving an Honorable Mention at the arrangements with countries such as SFAA provides a complete solution to Sudan and Iran—states that commit We the People: The Citizen and the the mandate by fulfilling the needs for Constitution national competition held gross human rights violations and that identification and qualification of serv- threaten to develop weapons of mass April 28 to 30 in Washington, DC. I am ice-disabled veteran-owned small busi- pleased that the members of the Ham- destruction—is to dramatically com- nesses, along with casework followup plicate efforts of the international ilton Southeastern High School We the as veteran entrepreneurs experience People class were among the 1,200 stu- community to address these questions growth in their businesses. and, in effect, to ratify these deeply dents from across the country who par- Access to capital for both business ticipated in this important event spe- troubling practices. start-up and infusion growth remains I hope Treasury Secretary Paulson cifically designed to educate young the number one need of veteran entre- people about the U.S. Constitution and can persuade the Chinese to change preneurs. To address this issue, TVC their practices. We will all be better off Bill of Rights. has formed a strategic partnership I join family, friends, and the entire with a China whose emergence with the National Economic Oppor- strengthens the international system Hamilton Southeastern High School tunity Fund, NEOF. Through this part- community in recognizing the hard rather than disrupts it. nership, TVC is able to assist veterans China’s economic growth is a good work and dedication of the following in obtaining micro-loans of $500 to thing for China’s 1.3 billion people, and members of the Hamilton Southeastern $25,000 through ACCION USA. PNC can be a good thing for the United High School We the People class: Ben Bank has also begun accepting refer- States. China is increasingly a con- Anderson, Lauren Bowser, Austin rals from TVC and has already funded structive participant in the inter- Brady, Kristin Buckingham, Jesse one veteran-owned business. In addi- national system, and that trend should Hawkins, Kirk Higgins, Chris Hill, tion, TVC is in the process of finalizing be supported and encouraged. But Tiernan Kane, Nika Kim, Ryan Landry, partnerships with several banking in- China cannot expect the United States Julie Lux, Rachel Morris, Jeff Neufer, stitutions to provide veterans with and its overseas partners to tolerate David Ostendorf, Ryan Puckett, Taylor unfair practices and glaring imbal- larger loan programs for their increas- Schueth, Matt Stein, Amy Thomas, ances triggered by its rise. China needs ing business needs. Aleks Vitolins, and Edward Wolenty. I TVC’s leadership has made extraor- to take steps that not only benefit its also wish to commend Jill Baisinger, dinary progress in addressing the broad people but sustain the international the teacher of the class, who com- scope of issues facing veteran entre- system from which China itself bene- mitted her time and talent to prepare preneurs. While embracing the existing fits so greatly. the students for the national competi- community networks of the Small tion. f Business Development Centers, the De- The success of the Indiana We the NATIONAL VETERANS BUSINESS partment of Labor’s One Stop Centers, People program is also attributed to DEVELOPMENT CORPORATION and the Procurement Technical Assist- the hard work of Stan Harris, the State Mr. INOUYE. Mr. President, when ance Centers, PTAC, TVC has been able coordinator, and Lisa Hayes, the dis- the Congress passed Public Law 106–50 to develop programs that complement trict coordinator, who are among those in 1999, it was impossible to imagine and enhance the resources already responsible for implementing this pro- the positive impact it would have on available to current and aspiring busi- gram in our state. all veterans and, in particular, all ness owners. By doing so, TVC is now The We the People national competi- those young men and women now re- providing the programs and services tion is a 3-day academic competition turning from active duty in Afghani- most needed by the veteran commu- that simulates a congressional hearing stan and Iraq. The Veterans Corpora- nity, including access to capital and in which the students ‘‘testify’’ before tion, TVC, is a not-for-profit organiza- bonding, and is more effectively meet- a panel of judges on constitutional top- tion that amplifies business opportuni- ing the real needs of veteran entre- ics. Students are able to demonstrate ties and the tools our veterans need to preneurs. their knowledge and understanding of start and grow their businesses. TVC’s strength is in its ability to constitutional principles as they evalu- Through unparalleled public and pri- bring together the best in public and ate and defend positions on relevant vate sector business, and strategic private entities to leverage scarce fed- historical and contemporary issues. partnerships with the U.S. Department eral dollars in effectively and effi- The We the People: The Citizen and of Defense, the Veterans Affairs Ad- ciently assisting veterans, service-dis- the Constitution program is adminis- ministration, the Small Business Ad- abled veterans, and members of the Na- tered by the Center for Civic Education ministration, and the U.S. Department tional Guard and Reserves, who want and funded by the U.S. Department of of Labor, veterans have the three main to start or promote growth in small Education through congressional ap- ingredients for success: access to cap- businesses. By benefiting from the propriations. I am proud to note that ital; access to bonding, and the impor- strong resources already available from between 2003 and 2006, Indiana had tant educational, mentorship and pro- national business networks, and by 176,653 students participate in the program case work followup. eliminating duplication of efforts grams offered through the Center for Today, more than ever, our Nation’s through strategic partnerships, TVC Civic Education, with 8,439,873 partici- veterans present an opportunity for en- has the programming and the capacity pating nationally.∑

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6547 CONGRATULATING CAITLIN Ocean. Their use of state-of-the-art announced that the House has passed SNARING equipment to deliver Maine seafood to the following bills, in which it requests ∑ Mrs. MURRAY. Mr. President, I con- the rest of the world exemplifies the in- the concurrence of the Senate: gratulate Caitlin Snaring, a bright novation that small businesses can use H.R. 1525. An act to amend title 18, United young woman from my home State of to do exceptional things. States Code, to discourage spyware, and for other purposes. Washington. Today, she won the Na- With Maine’s 5,500 miles of coastline, its fishing and seafood industries are H.R. 1615. An act to amend title 18, United tional Geographic Bee, a competition States Code, to provide penalties for aiming that starts with nearly 5 million stu- clearly vital to the State’s economy. laser pointer at airplanes, and for other pur- dents each year. Caitlin is from And while everyone knows Maine for poses. Redmond, WA, and this was her second its lobster—which I would argue is the H.R. 1722. An act to designate the facility time representing our State in the na- best—Maine’s fruitful portion of the of the United States Postal Service located tional competition held in Washington, Atlantic Ocean and our many water- at 601 Banyan Trail in Boca Raton, Florida, as the ‘‘Leonard W. Herman Post Office’’. DC. ways provide a variety of delicious and often healthy fish and shellfish, includ- H.R. 2264. An act to amend the Sherman On Monday, Caitlin and I sat near Act to make oil-producing and exporting car- each other on the plane flight from Se- ing salmon, shrimp, and scallops. Oak tels illegal. attle to Washington, DC. While every- Island Seafood’s commitment to pro- H.R. 2399. An act to amend the Immigra- one else was reading magazines or viding Maine seafood to not only the tion and Nationality Act and title 18, United watching a movie, Caitlin was studying region but also to the rest of the world States Code, to combat the crime of alien is remarkable. As fish and other fresh smuggling and related activities, and for her notebooks and preparing for the other purposes. competition. I had a chance to talk and frozen seafood products comprise The message also announced that the with her, and I could see that she was Maine’s No. 4 export industry, it is cru- House has agreed to the following con- really determined and focused. I re- cial that we find ways to continue aug- current resolution, in which it requests member thinking to myself, ‘‘She’s menting the work that Oak Island Sea- the concurrence of the Senate: going places.’’ food and other companies do in seeking After her victory today, I called her foreign markets to showcase Maine H. Con. Res. 128. Concurrent resolution au- seafood. Equally necessary, we need to thorizing the printing of a commemorative and said: ‘‘Caitlin, I can tell that when document memory of the late President of you decide what you’re going to be and do all that we can to protect and preserve our seafaring families and the the United States, Gerald Rudolph Ford. what you want to do, you are going to The message further announced that achieve any dream you have.’’ And I crucial work they undertake. The Maine International Trade Cen- the House has passed the following bill, really believe that. without amendment: Caitlin won a $25,000 college scholar- ter, which is presenting the Maine Ex- porter of the Year award to Oak Island S. 214. An act to amend chapter 35 of title ship. I understand that she is the sec- 28, United States Code, to preserve the inde- ond girl to win the geographic bee Seafood, is Maine’s small business link to the rest of the world. It is a public- pendence of United States attorneys. since the competition started in 1989 The message also announced that the and the fifth winner from Washington private partnership between the State of Maine and its businesses. The cen- House has passed the following bill, State. In fact, Washington has pro- with amendments, in which it requests duced more national winners than any ter’s goal is to increase international trade in Maine and in particular to as- the concurrence of the Senate: other State. S. 1104. An act to increase the number of I want to congratulate Caitlin, her sist Maine’s businesses in exporting goods and services. Clearly it sees in Iraqi and Afghani translators and inter- family, and friends on this great preters who may admitted to the United achievement and on the wonderful ex- Oak Island Seafood the entrepreneurial States as special immigrants. ample she has set for young people in spirit and innovation that make Washington State and around the Maine’s small businesses so unique and At 4:10 p.m., a message from the country.∑ successful. House of Representatives, delivered by I again congratulate Oak Island Sea- Ms. Niland, one of its reading clerks, f food on being recognized Maine Ex- announced that pursuant to 10 U.S.C. HONORING OAK ISLAND SEAFOOD, porter of the Year and wish them well. 4355(a), and the order of the House of INC. The award, which will be presented to January 4, 2007, the Speaker appoints them on Thursday, May 31, at the 27th the following Members of the House of ∑ Ms. SNOWE. Mr. President, I wish annual Maine International Trade Day, Representatives to the Board of Visi- today to recognize for the week of May is truly something of which we can and tors to the United States Military 20 an outstanding small business from should all be proud.∑ Academy: Mr. Hinchey of New York, my home State of Maine that will on Mr. Hall of New York, Mr. McHugh of May 31 receive the Maine Exporter of f New York, and Mr. Tiahrt of Kansas. the Year Award for 2007 from the Maine MESSAGES FROM THE PRESIDENT International Trade Center. Oak Island f Seafood, Inc., of Rockland, MA is a Messages from the President of the MEASURES REFERRED United States were communicated to scallop processing company. In addi- The following bills were read the first tion to providing quality seafood prod- the Senate by Mr. Williams, one of his secretaries. and the second times by unanimous ucts to U.S. retailers, Oak Island Sea- consent, and referred as indicated: food has expanded to include Europe f H.R. 1525. An act to amend title 18, United and Asia in its distribution network. EXECUTIVE MESSAGES REFERRED States Code, to discourage spyware, and for Incredibly, 70 percent of its finished other purposes; to the Committee on the Ju- product is exported to other countries, As in executive session the Presiding diciary. most notably to nations within the Eu- Officer laid before the Senate messages H.R. 1615. An act to amend title 18, United ropean Union. Clearly, Oak Island Sea- from the President of the United States Code, to provide penalties for aiming food is a Maine company that has wide, States submitting sundry nominations laser pointers at airplanes, and for other pur- and withdrawals which were referred to poses; to the Committee on the Judiciary. international reach. H.R. 1722. An act to designate the facility Oak Island Seafood, founded in 1995, the appropriate committees. of the United States Postal Service located has expanded to serve many comers of (The nominations received today are at 601 Banyan Trail in Boca Raton, Florida, the globe over the past 12 years, while printed at the end of the Senate pro- as the ‘‘Leonard W. Herman Post Office’’; to simultaneously maintaining its status ceedings.) the Committee on Homeland Security and Governmental Affairs. as a unique small business. The com- f pany employs roughly 30 year-round H.R. 2399. An act to amend the Immigra- MESSAGES FROM THE HOUSE tion and Nationality Act and title 18, United employees in Rockland, an historic States Code, to combat the crime of alien seaport community in Maine’s well- At 11:57 a.m., a message from the smuggling and related activities, and for known midcoast region where Penob- House of Representatives, delivered by other purposes; to the Committee on the Ju- scot Bay converges with the Atlantic Ms. Niland, one of its reading clerks, diciary.

VerDate Aug 31 2005 04:45 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S23MY7.REC S23MY7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S6548 CONGRESSIONAL RECORD — SENATE May 23, 2007 MEASURES PLACED ON THE lia’’ (22 CFR Part 126) received on May 21, EXECUTIVE REPORTS OF CALENDAR 2007; to the Committee on Foreign Relations. COMMITTEES EC–2039. A communication from the Assist- The following bill was read the first ant Secretary, Office of Legislative Affairs, The following executive reports of and second times by unanimous con- Department of State, transmitting, pursuant nominations were submitted: sent, and placed on the calendar: to law, a report on efforts taken by the agen- By Mr. LEVIN for the Committee on H.R. 2264. An act to amend the Sherman cies and departments of the U.S. Govern- Armed Services. Act to make oil-producing and exporting car- ment relating to the prevention of nuclear Air Force nomination of Brigadier General tels illegal. proliferation from January 1, 2006, to Decem- Michael D. Dubie, 0000, to be Major General. ber 31, 2006; to the Committee on Foreign Re- Air Force nomination of Maj. Gen. Kevin f lations. J. Sullivan, 0000, to be Lieutenant General. EXECUTIVE AND OTHER EC–2040. A communication from the Chair- Army nomination of Maj. Gen. Charles H. COMMUNICATIONS man, Council of the District of Columbia, Jacoby, Jr., 0000, to be Lieutenant General. transmitting, pursuant to law, a report on Army nomination of Col. Charles W. Hoo- The following communications were D.C. Act 17–44, ‘‘School Modernization Funds per, 0000, to be Brigadier General. laid before the Senate, together with Submission Requirements Waiver Tem- Army nomination of Col. Loree K. Sutton, accompanying papers, reports, and doc- porary Amendment Act of 2007’’ received on 0000, to be Brigadier General. uments, and were referred as indicated: May 22, 2007; to the Committee on Homeland Army nomination of Brig. Gen. Douglas L. Security and Governmental Affairs. Carver, 0000, to be Major General. EC–2031. A communication from the Assist- EC–2041. A communication from the Chair- Army nomination of Col. Juan A. Ruiz, ant Secretary, Office of Legislative Affairs, man, Council of the District of Columbia, 0000, to be Brigadier General. Department of State, transmitting, pursuant transmitting, pursuant to law, a report on Army nomination of Lt. Gen. Ronald L. to law, a six-month periodic report on the D.C. Act 17–43, ‘‘Closing of a Public Alley in Burgess, Jr., 0000, to be Lieutenant General. national emergency with respect to the pro- Squares 739, the Closure of Streets, the Open- Army nomination of Maj. Gen. Michael A. liferation of weapons of mass destruction ing and Widening of Streets, and the Dedica- Vane, 0000, to be Lieutenant General. that was declared in Executive Order 12938 of tion of Land for Street Purposes Clarifica- Army nomination of Maj. Gen. David P. November 14, 1994; to the Committee on tion Temporary Amendment Act of 2007’’ re- Fridovich, 0000, to be Lieutenant General. Banking, Housing, and Urban Affairs. ceived on May 22, 2007; to the Committee on Marine Corps nomination of Lt. Gen. John EC–2032. A communication from the Gen- Homeland Security and Governmental Af- G. Castellaw, 0000, to be Lieutenant General. eral Deputy Assistant Secretary for Congres- fairs. Marine Corps nomination of Maj. Gen. sional and Intergovernmental Relations, De- EC–2042. A communication from the Chair- Richard C. Zilmer, 0000, to be Lieutenant partment of Housing and Urban Develop- man, Council of the District of Columbia, General. ment, transmitting, pursuant to law, a re- transmitting, pursuant to law, a report on Marine Corps nomination of Lt. Gen. Jo- port relative to the Department’s progress in D.C. Act 17–45, ‘‘National Capital Revitaliza- seph F. Weber, 0000, to be Lieutenant Gen- improving homeless data collection and pre- tion Corporation and Anacostia Waterfront eral. paring a homeless assessment report; to the Corporation Freedom of Information Tem- Navy nomination of Rear Adm. (lh) Mi- Committee on Banking, Housing, and Urban porary Amendment Act of 2007’’ received on chael J. Lyden, 0000, to be Rear Admiral. Affairs. May 22, 2007; to the Committee on Homeland Navy nominations beginning with Rear EC–2033. A communication from the Chair- Security and Governmental Affairs. Adm. (lh) Christine S. Hunter and ending man and President, Export-Import Bank of EC–2043. A communication from the Chair- with Rear Adm. (lh) Adam M. Robinson, Jr., the United States, transmitting, pursuant to man, Council of the District of Columbia, which nominations were received by the Sen- law, a report relative to a transaction in- transmitting, pursuant to law, a report on ate and appeared in the Congressional volving U.S. exports to the Republic of D.C. Act 17–46, ‘‘Vacancy Conversion Fee Ex- Record on March 26, 2007. Korea; to the Committee on Banking, Hous- emption Reinstatement Temporary Amend- Navy nomination of Capt. Richard C. ing, and Urban Affairs. ment Act of 2007’’ received on May 22, 2007; to Vinci, 0000, to be Rear Admiral (lower half). EC–2034. A communication from the Gen- the Committee on Homeland Security and Navy nominations beginning with Capt. eral Deputy Assistant Secretary for Congres- Governmental Affairs. William M. Roberts and ending with Capt. sional and Intergovernmental Relations, De- EC–2044. A communication from the Chair- Alton L. Stocks, which nominations were re- partment of Housing and Urban Develop- man, Council of the District of Columbia, ceived by the Senate and appeared in the ment, transmitting, pursuant to law, a re- transmitting, pursuant to law, a report on Congressional RECORD on April 11, 2007. port entitled ‘‘Affordable Housing Needs D.C. Act 17–42, ‘‘Solid Waste Disposal Fee Navy nominations beginning with Capt. 2005’’; to the Committee on Banking, Hous- Temporary Amendment Act of 2007’’ received Robert J. Bianchi and ending with Capt. ing, and Urban Affairs. on May 22, 2007; to the Committee on Home- Thomas C. Traaen, which nominations were EC–2035. A communication from the Assist- land Security and Governmental Affairs. received by the Senate and appeared in the ant Secretary, Office of Legislative Affairs, EC–2045. A communication from the Gen- Congressional Record on April 11, 2007. Department of State, transmitting, pursuant eral Counsel, Office of Justice Programs, De- Navy nominations beginning with Rear to law, the certification of a proposed license partment of Justice, transmitting, pursuant Adm. (lh) Gerald R. Beaman and ending with for the export of defense services associated to law, the report of a rule entitled ‘‘Depart- Rear Adm. (lh) Richard B. Wren, which with the Ballistic Missile Defense Expansion ment of Justice Implementation of OMB nominations were received by the Senate and Project and sold commercially under con- Guidance on Nonprocurement Debarment appeared in the Congressional Record on tract in the amount of $100,000,000 or more to and Suspension’’ (RIN1121–AA73) received on May 3, 2007. (minus 1 nominee: Rear Adm. Japan; to the Committee on Foreign Rela- May 22, 2007; to the Committee on the Judi- (lh) Victor G. Guillory). tions. ciary. Navy nominations beginning with Captain EC–2036. A communication from the Assist- f Joseph P. Aucoin and ending with Captain ant Secretary, Office of Legislative Affairs, Nora W. Tyson, which nominations were re- Department of State, transmitting, pursuant REPORTS OF COMMITTEES ceived by the Senate and appeared in the to law, the certification of a proposed manu- The following reports of committees Congressional Record on May 3, 2007. facturing license agreement for the manufac- were submitted: Mr. LEVIN. Mr. President, for the ture of defense articles abroad, including J79 By Mr. LEAHY, from the Committee on engine parts, in the amount of $50,000,000 or Committee on Armed Services I report the Judiciary, with amendments: more to Israel; to the Committee on Foreign favorably the following nomination S. 495. A bill to prevent and mitigate iden- lists which were printed in the Relations. tity theft, to ensure privacy, to provide no- EC–2037. A communication from the Assist- tice of security breaches, and to enhance RECORDS on the dates indicated, and ant Secretary, Office of Legislative Affairs, criminal penalties, law enforcement assist- ask unanimous consent, to save the ex- Department of State, transmitting, pursuant ance, and other protections against security pense of reprinting on the Executive to law, the certification of a proposed tech- breaches, fraudulent access, and misuse of Calendar that these nominations lie at nical assistance agreement for the export of personally identifiable information (Rept. the Secretary’s desk for the informa- technical data, defense services, and defense No. 110–70). articles, including CH–47F Chinook heli- tion of Senators. By Mr. KOHL, from the Special Committee The PRESIDING OFFICER. Without copters, in the amount of $100,000,000 or more on Aging: to the Netherlands; to the Committee on Special Report entitled ‘‘Economic Devel- objection, it is so ordered. Foreign Relations. opments in Aging’’ (Rept. No. 110–71). Air Force nominations beginning with Jen- EC–2038. A communication from the Assist- By Mr. LEAHY, from the Committee on nifer S. Aaron and ending with Robert S. ant Secretary, Office of Legislative Affairs, the Judiciary, without amendment: Zauner, which nominations were received by Department of State, transmitting, pursuant S. 231. A bill to authorize the Edward the Senate and appeared in the Congres- to law, the report of a rule entitled ‘‘Amend- Byrne Memorial Justice Assistance Grant sional Record on March 19, 2007. ment of the International Traffic in Arms Program at fiscal year 2006 levels through Air Force nomination of Anil P. Regulations: Policy with Respect to Soma- 2012. Rajadhyax, 0000, to be Major.

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY Air Force nominations beginning with DarenMay S.23, Danielson 2007 and ending with ColleenCONGRESSIONAL RECORD — SENATE S6549 M. Fitzpatrick, which nominations were re- By Mr. DOMENICI (for himself and Mr. adoption of children with special needs; to ceived by the Senate and appeared in the OBAMA): the Committee on Finance. Congressional Record on May 9, 2007. S. 38. A bill to require the Secretary of By Mr. PRYOR (for himself, Mr. COCH- Air Force nominations beginning with Bret Veterans Affairs to establish a program for RAN, Mr. CRAIG, Mr. ROBERTS, Mr. R. Boyle and ending with Chad A. Weddell, the provision of readjustment and mental SCHUMER, and Mr. CHAMBLISS): which nominations were received by the Sen- health services to veterans who served in Op- S. 1463. A bill to authorize the Secretary of ate and appeared in the Congressional eration Iraqi Freedom and Operation Endur- Homeland Security to regulate the sale of Record on May 9, 2007. ing Freedom, and for other purposes; to the ammonium nitrate to prevent and deter the Air Force nominations beginning with Lil- Committee on Veterans’ Affairs. acquisition of ammonium nitrate by terror- lian C. Conner and ending with Jonathan L. By Mr. CARPER (for himself, Mr. ists, and for other purposes; to the Com- Rones, which nominations were received by ALEXANDER, Mrs. FEINSTEIN, Mr. mittee on Homeland Security and Govern- the Senate and appeared in the Congres- VOINOVICH, and Mr. ENZI): mental Affairs. sional Record on May 9, 2007. S. 1453. A bill to extend the moratorium on By Mr. FEINGOLD (for himself, Mr. Air Force nominations beginning with taxes on Internet access and multiple and COLEMAN, Mr. CASEY, Mr. VOINOVICH, Nancy J. S. Althouse and ending with Phick discriminatory taxes on electronic com- Mr. MENENDEZ, Mr. LAUTENBERG, and H. Ng, which nominations were received by merce imposed by the Internet Tax Freedom Mr. COCHRAN): the Senate and appeared in the Congres- Act, and for other purposes; to the Com- S. 1464. A bill to establish a Global Service sional Record on May 9, 2007. mittee on Commerce, Science, and Transpor- Fellowship Program, and for other purposes; Army nomination of Timothy E. Trainor, tation. to the Committee on Foreign Relations. 0000, to be Colonel. By Ms. MIKULSKI: By Mr. CONRAD (for himself, Mr. ENZI, Army nomination of Glen L. Dorner, 0000, S. 1454. A bill to amend title 38, United and Mr. REID): to be Major. States Code, to increase burial benefits for S. 1465. A bill to amend title XVIII of the Army nominations beginning with Shirley veterans, and for other purposes; to the Com- Social Security Act to provide for coverage S. Miresepassi and ending with Scott L. mittee on Veterans’ Affairs. under the Medicare program of certain med- Diering, which nominations were received by By Mr. WHITEHOUSE: ical mobility devices approved as class III the Senate and appeared in the Congres- S. 1455. A bill to provide for the establish- medical devices; to the Committee on Fi- sional Record on May 9, 2007. ment of a health information technology and nance. Navy nomination of George N. Thompson, privacy system; to the Committee on Health, By Mr. DODD (for himself and Mr. 0000, to be Captain. Education, Labor, and Pensions. SMITH): Navy nomination of Dea Brueggemeyer, By Mr. CARPER (for himself and Mr. S. 1466. A bill to amend the Internal Rev- 0000, to be Lieutenant Commander. VOINOVICH): enue Code of 1986 to exclude property tax re- Navy nominations beginning with Neal P. S. 1456. A bill to provide for the establish- bates and other benefits provided to volun- Ridge and ending with Ralph L. Raya, which ment and maintenance of electronic personal teer firefighters, search and rescue per- nominations were received by the Senate and health records for individuals and family sonnel, and emergency medical responders appeared in the Congressional Record on members enrolled in Federal employee from income and employment taxes and May 9, 2007. health benefits plans under chapter 89 of wage withholding; to the Committee on Fi- By Mr. BINGAMAN for the Committee on title 5, United States Code, and for other nance. Energy and Natural Resources. purposes; to the Committee on Homeland Se- By Mr. BIDEN: R. Lyle Laverty, of Colorado, to be Assist- curity and Governmental Affairs. S. 1467. A bill to establish an Early Federal ant Secretary for Fish and Wildlife. By Mr. HARKIN (for himself, Mr. Pell Grant Commitment Demonstration Pro- *Joseph Timothy Kelliher, of the District CASEY, Mr. BINGAMAN, Mrs. MURRAY, gram; to the Committee on Health, Edu- of Columbia, to be a Member of the Federal and Mr. LEAHY): cation, Labor, and Pensions. S. 1457. A bill to provide for the protection Energy Regulatory Commission for the term By Ms. MIKULSKI: of mail delivery on certain postal routes, and expiring June 30, 2012. S. 1468. A bill to amend title 38, United for other purposes; to the Committee on States Code, to increase burial benefits for *Nomination was reported with rec- Homeland Security and Governmental Af- veterans, and for other purposes; to the Com- ommendation that it be confirmed sub- fairs. mittee on Veterans’ Affairs. ject to the nominee’s commitment to By Mrs. BOXER (for herself and Mrs. By Mr. HARKIN: respond to requests to appear and tes- FEINSTEIN): S. 1469. A bill to require the closure of the tify before any duly constituted com- S. 1458. A bill to amend the Food Security Department of Defense detention facility at Act of 1985 to provide incentives for im- mittee of the Senate. Guantanamo Bay, Cuba, and for other pur- proved agricultural air quality; to the Com- poses; to the Committee on Armed Services. (Nominations without an asterisk mittee on Agriculture, Nutrition, and For- By Mr. NELSON of Florida (for himself were reported with the recommenda- estry. and Mr. DURBIN): tion that they be confirmed.) By Mr. MENENDEZ (for himself and S. 1470. A bill to provide States with the re- f Mr. LAUTENBERG): sources needed to rid our schools of perform- S. 1459. A bill to strengthen the Nation’s ance-enhancing drug use; to the Committee INTRODUCTION OF BILLS AND research efforts to identify the causes and on Health, Education, Labor, and Pensions. JOINT RESOLUTIONS cure of psoriasis and psoriatic arthritis, expand psoriasis and psoriatic arthritis data f The following bills and joint resolu- collection, study access to and quality of ADDITIONAL COSPONSORS tions were introduced, read the first care for people with psoriasis and psoriatic S. 15 and second times by unanimous con- arthritis, and for other purposes; to the Com- sent, and referred as indicated: mittee on Health, Education, Labor, and At the request of Mr. GREGG, the name of the Senator from Tennessee By Mr. THUNE (for himself and Mr. Pensions . ORKER NELSON of Nebraska): By Mr. HARKIN (for himself, Mr. (Mr. C ) was added as a cosponsor S. 36. A bill to amend the Farm Security GRASSLEY, Mr. BAUCUS, and Mr. of S. 15, a bill to establish a new budget and Rural Investment Act to establish a BROWN): process to create a comprehensive plan biofuels promotion program to promote sus- S. 1460. A bill to amend the Farm Security to rein in spending, reduce the deficit, and Rural Development Act of 2002 to sup- tainable production of biofuels and biomass, port beginning farmers and ranchers, and for and regain control of the Federal budg- and for other purposes; to the Committee on other purposes; to the Committee on Agri- et process. Agriculture, Nutrition, and Forestry. culture, Nutrition, and Forestry. S. 22 By Mr. DOMENICI (for himself, Mr. By Mr. ROCKEFELLER: At the request of Mr. WEBB, the name CRAIG, Mr. BURR, Mr. CRAPO, Mr. S. 1461. A bill to prohibit the Secretary of DEMINT, Mr. GRAHAM, Mr. HAGEL, of the Senator from Louisiana (Ms. Health and Human Services from imposing LANDRIEU) was added as a cosponsor of Mr. THOMAS, Ms. MURKOWSKI, Mr. penalties against a State under the Tem- BUNNING, and Mr. MARTINEZ): porary Assistance for Needy Families pro- S. 22, a bill to amend title 38, United S. 37. A bill to enhance the management gram for failure to satisfy minimum work States Code, to establish a program of and disposal of spent nuclear fuel and high- participation rates or comply with work par- educational assistance for members of level radioactive waste, to assure protection ticipation verification procedures with re- the Armed Forces who serve in the of public health safety, to ensure the terri- spect to months beginning after September Armed Forces after September 11, 2001, torial integrity and security of the reposi- 2006 and before the end of the 12-month pe- and for other purposes. tory at Yucca Mountain, and for other pur- riod that begins on the date the Secretary S. 60 poses; to the Committee on Energy and Nat- approves the State’s work verification plan; At the request of Mr. INOUYE, the ural Resources. to the Committee on Finance. By Mr. ROCKEFELLER: names of the Senator from Utah (Mr. S. 1462. A bill to amend part E of title IV HATCH), the Senator from Massachu- of the Social Security Act to promote the setts (Mr. KENNEDY), the Senator from

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6550 CONGRESSIONAL RECORD — SENATE May 23, 2007 North Dakota (Mr. CONRAD), the Sen- of S. 392, a bill to ensure payment of 694, a bill to direct the Secretary of ator from North Dakota (Mr. DORGAN) United States assessments for United Transportation to issue regulations to and the Senator from Hawaii (Mr. Nations peacekeeping operations for reduce the incidence of child injury AKAKA) were added as cosponsors of S. the 2005 through 2008 time period. and death occurring inside or outside 60, a bill to amend the Public Health S. 442 of light motor vehicles, and for other Service Act to provide a means for con- At the request of Mr. DURBIN, the purposes. tinued improvement in emergency name of the Senator from Florida (Mr. S. 700 medical services for children. MARTINEZ) was added as a cosponsor of At the request of Mr. CRAPO, the S. 82 S. 442, a bill to provide for loan repay- name of the Senator from Maine (Ms. At the request of Mr. AKAKA, the ment for prosecutors and public defend- SNOWE) was added as a cosponsor of S. name of the Senator from Missouri ers. 700, a bill to amend the Internal Rev- (Mrs. MCCASKILL) was added as a co- S. 450 enue Code to provide a tax credit to in- sponsor of S. 82, a bill to reaffirm the At the request of Mr. ENSIGN, the dividuals who enter into agreements to authority of the Comptroller General name of the Senator from Washington protect the habitats of endangered and to audit and evaluate the programs, ac- (Ms. CANTWELL) was added as a cospon- threatened species, and for other pur- tivities, and financial transactions of sor of S. 450, a bill to amend title XVIII poses. the intelligence community, and for of the Social Security Act to repeal the S. 807 other purposes. medicare outpatient rehabilitation At the request of Mrs. LINCOLN, the S. 156 therapy caps. name of the Senator from Oregon (Mr. At the request of Mr. WYDEN, the S. 543 SMITH) was added as a cosponsor of S. name of the Senator from Florida (Mr. At the request of Mr. NELSON of Ne- 807, a bill to amend the Comprehensive MARTINEZ) was added as a cosponsor of braska, the name of the Senator from Environmental Response Compensation S. 156, a bill to make the moratorium Connecticut (Mr. DODD) was added as a and Liability Act of 1980 to provide on Internet access taxes and multiple cosponsor of S. 543, a bill to improve that manure shall not be considered to and discriminatory taxes on electronic Medicare beneficiary access by extend- be a hazardous substance, pollutant, or commerce permanent. ing the 60 percent compliance thresh- contaminant. S. 206 old used to determine whether a hos- S. 901 At the request of Mrs. FEINSTEIN, the pital or unit of a hospital is an inpa- At the request of Mr. KENNEDY, the name of the Senator from Minnesota tient rehabilitation facility under the names of the Senator from Delaware (Mr. COLEMAN) was added as a cospon- Medicare program. (Mr. BIDEN), the Senator from Mis- sor of S. 206, a bill to amend title II of S. 594 sissippi (Mr. COCHRAN), the Senator the Social Security Act to repeal the At the request of Mrs. FEINSTEIN, the from Virginia (Mr. WARNER) and the Government pension offset and wind- name of the Senator from Iowa (Mr. Senator from Georgia (Mr. CHAMBLISS) fall elimination provisions. HARKIN) was added as a cosponsor of S. were added as cosponsors of S. 901, a S. 223 594, a bill to limit the use, sale, and bill to amend the Public Health Serv- At the request of Mr. COCHRAN, the transfer of cluster munitions. ice Act to provide additional authoriza- name of the Senator from Tennessee S. 625 tions of appropriations for the health (Mr. ALEXANDER) was added as a co- At the request of Mr. KENNEDY, the centers program under section 330 of sponsor of S. 223, a bill to require Sen- name of the Senator from California such Act. ate candidates to file designations, (Mrs. BOXER) was added as a cosponsor S. 911 statements, and reports in electronic of S. 625, a bill to protect the public At the request of Mr. COLEMAN, the form. health by providing the Food and Drug name of the Senator from South Caro- S. 231 Administration with certain authority lina (Mr. GRAHAM) was added as a co- At the request of Mrs. FEINSTEIN, the to regulate tobacco products. sponsor of S. 911, a bill to amend the name of the Senator from Nevada (Mr. S. 661 Public Health Service Act to advance REID) was added as a cosponsor of S. At the request of Mrs. CLINTON, the medical research and treatments into 231, a bill to authorize the Edward names of the Senator from Minnesota pediatric cancers, ensure patients and Byrne Memorial Justice Assistance (Mr. COLEMAN) and the Senator from families have access to the current Grant Program at fiscal year 2006 lev- Vermont (Mr. SANDERS) were added as treatments and information regarding els through 2012. cosponsors of S. 661, a bill to establish pediatric cancers, establish a popu- At the request of Mr. VITTER, his kinship navigator programs, to estab- lation-based national childhood cancer name was added as a cosponsor of S. lish guardianship assistance payments database, and promote public aware- 231, supra. for children, and for other purposes. ness of pediatric cancers. S. 329 S. 675 S. 921 At the request of Mr. CRAPO, the At the request of Mr. HARKIN, the At the request of Mr. THOMAS, the name of the Senator from Pennsyl- name of the Senator from New Jersey name of the Senator from Illinois (Mr. vania (Mr. SPECTER) was added as a co- (Mr. LAUTENBERG) was added as a co- DURBIN) was added as a cosponsor of S. sponsor of S. 329, a bill to amend title sponsor of S. 675, a bill to provide com- 921, a bill to amend title XVIII of the XVIII of the Social Security Act to petitive grants for training court re- Social Security Act to provide for the provide coverage for cardiac rehabilita- porters and closed captioners to meet coverage of marriage and family thera- tion and pulmonary rehabilitation requirements for realtime writers pist services and mental health coun- services. under the Telecommunications Act of selor services under part B of the Medi- S. 331 1996, and for other purposes. care program, and for other purposes. At the request of Mr. THUNE, the S. 691 S. 970 name of the Senator from New York At the request of Mr. CONRAD, the At the request of Mr. SMITH, the (Mrs. CLINTON) was added as a cospon- name of the Senator from Oregon (Mr. names of the Senator from Oklahoma sor of S. 331, a bill to provide grants SMITH) was added as a cosponsor of S. (Mr. INHOFE) and the Senator from New from moneys collected from violations 691, a bill to amend title XVIII of the Hampshire (Mr. SUNUNU) were added as of the corporate average fuel economy Social Security Act to improve the cosponsors of S. 970, a bill to impose program to be used to expand infra- benefits under the Medicare program sanctions on Iran and on other coun- structure necessary to increase the for beneficiaries with kidney disease, tries for assisting Iran in developing a availability of alternative fuels. and for other purposes. nuclear program, and for other pur- S. 392 S. 694 poses. At the request of Mr. BIDEN, the At the request of Mrs. CLINTON, the S. 994 name of the Senator from Nebraska name of the Senator from Illinois (Mr. At the request of Mr. TESTER, the (Mr. HAGEL) was added as a cosponsor OBAMA) was added as a cosponsor of S. name of the Senator from Ohio (Mr.

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6551 BROWN) was added as a cosponsor of S. bill to amend title XXI of the Social (Mr. CORKER), the Senator from North 994, a bill to amend title 38, United Security Act to reauthorize the State Carolina (Mrs. DOLE), the Senator from States Code, to eliminate the deduct- Children’s Health Insurance Program, Oklahoma (Mr. COBURN), the Senator ible and change the method of deter- and for other purposes. from South Carolina (Mr. DEMINT), the mining the mileage reimbursement S. 1338 Senator from New Hampshire (Mr. rate under the beneficiary travel pro- At the request of Mr. ROCKEFELLER, GREGG), the Senator from Alabama gram administered by the Secretary of the name of the Senator from Georgia (Mr. SHELBY) and the Senator from Veteran Affairs, and for other pur- (Mr. CHAMBLISS) was added as a cospon- Florida (Mr. MARTINEZ) were added as poses. sor of S. 1338, a bill to amend title cosponsors of amendment No. 1151 in- S. 1003 XVIII of the Social Security Act to tended to be proposed to S. 1348, a bill At the request of Ms. STABENOW, the provide for a two-year moratorium on to provide for comprehensive immigra- name of the Senator from Louisiana certain Medicare physician payment tion reform and for other purposes. reductions for imaging services. (Mr. VITTER) was added as a cosponsor AMENDMENT NO. 1157 of S. 1003, a bill to amend title XVIII of S. 1339 At the request of Mr. VITTER, the the Social Security Act to improve ac- At the request of Mr. KENNEDY, the names of the Senator from Oklahoma cess to emergency medical services and name of the Senator from Vermont (Mr. INHOFE) and the Senator from the quality and efficiency of care fur- (Mr. SANDERS) was added as a cospon- Kentucky (Mr. BUNNING) were added as nished in emergency departments of sor of S. 1339, a bill to amend the Ele- cosponsors of amendment No. 1157 in- hospitals and critical access hospitals mentary and Secondary Education Act tended to be proposed to S. 1348, a bill by establishing a bipartisan commis- of 1965, the Higher Education Act of to provide for comprehensive immigra- sion to examine factors that affect the 1965, and the Internal Revenue Code of tion reform and for other purposes. 1986 to improve recruitment, prepara- effective delivery of such services, by AMENDMENT NO. 1158 tion, distribution, and retention of providing for additional payments for At the request of Mr. COLEMAN, the public elementary and secondary certain physician services furnished in name of the Senator from Mississippi school teachers and principals, and for such emergency departments, and by other purposes. (Mr. COCHRAN) was added as a cospon- establishing a Centers for Medicare & sor of amendment No. 1158 proposed to S. 1370 Medicaid Services Working Group, and S. 1348, a bill to provide for comprehen- At the request of Ms. CANTWELL, the for other purposes. sive immigration reform and for other name of the Senator from Maine (Ms. S. 1019 purposes. SNOWE) was added as a cosponsor of S. At the request of Mr. COBURN, the 1370, a bill to amend the Internal Rev- AMENDMENT NO. 1159 name of the Senator from Florida (Mr. enue Code of 1986 to ensure more in- At the request of Mr. COLEMAN, the MARTINEZ) was added as a cosponsor of vestment and innovation in clean en- name of the Senator from New Hamp- S. 1019, a bill to provide comprehensive ergy technologies. shire (Mr. SUNUNU) was added as a co- reform of the health care system of the S. 1389 sponsor of amendment No. 1159 in- United States, and for other purposes. At the request of Mr. OBAMA, the tended to be proposed to S. 1348, a bill S. 1117 name of the Senator from Massachu- to provide for comprehensive immigra- At the request of Mr. BOND, the name setts (Mr. KERRY) was added as a co- tion reform and for other purposes. of the Senator from Missouri (Mrs. sponsor of S. 1389, a bill to authorize AMENDMENT NO. 1161 MCCASKILL) was added as a cosponsor the National Science Foundation to es- At the request of Mr. ALEXANDER, the of S. 1117, a bill to establish a grant tablish a Climate Change Education name of the Senator from Texas (Mr. program to provide vision care to chil- Program. CORNYN) was added as a cosponsor of dren, and for other purposes. S. 1410 amendment No. 1161 intended to be pro- S. 1155 At the request of Mr. COLEMAN, the posed to S. 1348, a bill to provide for At the request of Mr. BROWNBACK, the names of the Senator from New York comprehensive immigration reform name of the Senator from Mississippi (Mrs. CLINTON), the Senator from Mis- and for other purposes. (Mr. COCHRAN) was added as a cospon- sissippi (Mr. COCHRAN) and the Senator AMENDMENT NO. 1165 sor of S. 1155, a bill to treat payments from Oregon (Mr. SMITH) were added as At the request of Mr. LEAHY, the under the Conservation Reserve Pro- cosponsors of S. 1410, a bill to amend names of the Senator from Pennsyl- gram as rentals from real estate. the Internal Revenue Code of 1986 to vania (Mr. CASEY) and the Senator S. 1172 allow a credit against income tax for from New York (Mr. SCHUMER) were the purchase of hearing aids. At the request of Mr. DURBIN, the added as cosponsors of amendment No. names of the Senator from Delaware S. RES. 203 1165 proposed to S. 1348, a bill to pro- At the request of Mr. MENENDEZ, the (Mr. BIDEN), the Senator from New vide for comprehensive immigration names of the Senator from North Caro- Mexico (Mr. BINGAMAN), the Senator reform and for other purposes. lina (Mr. BURR), the Senator from Ne- from Massachusetts (Mr. KERRY), the f braska (Mr. HAGEL), the Senator from Senator from Connecticut (Mr. LIEBER- Florida (Mr. NELSON) and the Senator STATEMENTS ON INTRODUCED MAN) and the Senator from Colorado from New Mexico (Mr. BINGAMAN) were BILLS AND JOINT RESOLUTIONS (Mr. SALAZAR) were added as cospon- added as cosponsors of S. Res. 203, a By Mr. DOMENICI (for himself, sors of S. 1172, a bill to reduce hunger resolution calling on the Government Mr. CRAIG, Mr. BURR, Mr. in the United States. of the People’s Republic of China to use CRAPO, Mr. DEMINT, Mr. GRA- S. 1183 its unique influence and economic le- HAM, Mr. HAGEL, Mr. THOMAS, At the request of Mr. HARKIN, the verage to stop genocide and violence in Ms. MURKOWSKI, Mr. BUNNING, name of the Senator from Massachu- Darfur, Sudan. and Mr. MARTINEZ): setts (Mr. KERRY) was added as a co- AMENDMENT NO. 1146 S. 37. A bill to enhance the manage- sponsor of S. 1183, a bill to enhance and At the request of Mrs. FEINSTEIN, the ment and disposal of spent nuclear fuel further research into paralysis and to names of the Senator from Florida (Mr. and high-level radioactive waste, to as- improve rehabilitation and the quality MARTINEZ), the Senator from Wash- sure protection of public health safety, of life for persons living with paralysis ington (Ms. CANTWELL) and the Senator to ensure the territorial integrity and and other physical disabilities, and for from Nebraska (Mr. HAGEL) were added security of the repository at Yucca other purposes. as cosponsors of amendment No. 1146 Mountain, and for other purposes; to S. 1224 proposed to S. 1348, a bill to provide for the Committee on Energy and Natural At the request of Mr. ROCKEFELLER, comprehensive immigration reform Resources. the names of the Senator from Mis- and for other purposes. Mr. DOMENICI. Mr. President, today souri (Mrs. MCCASKILL) and the Sen- AMENDMENT NO. 1151 I am introducing legislation that I be- ator from Massachusetts (Mr. KERRY) At the request of Mr. INHOFE, the lieve will place the Department of En- were added as cosponsors of S. 1224, a names of the Senator from Tennessee ergy’s nuclear waste program back on

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6552 CONGRESSIONAL RECORD — SENATE May 23, 2007 track. I am joined by Senator CRAIG While moving more slowly than 147,000 acres of Federal land from pub- and others to introduce the Nuclear planned, DOE’s nuclear waste program lic use currently controlled by the Bu- Waste Access to Yucca Bill, or Nu-Way has made progress toward making the reau of Land Management, the Air Bill, which I believe will help to re- goal of a permanent geologic reposi- Force, and the Nevada Test Site, to solve the issue of nuclear waste once tory for nuclear waste a reality. Origi- satisfy a license condition of the NRC. and for all. nally, the Nuclear Waste Policy Act re- This legislation will repeal the arbi- As we all know, the history of the quired DOE to characterize more than trary 70,000 metric ton statutory limit Yucca Mountain project has been one site for two repositories. As the on emplacement of radioactive mate- rocky at best. The Yucca Mountain most promising site considered, the rial at Yucca Mountain. The cap was project has a very long pedigree, start- Yucca Mountain site was selected by imposed when Congress was consid- ing back to the late 1950s when the Na- DOE to be the first site to be charac- ering two rounds of repositories. I be- tional Academy of Sciences, NAS, re- terized. In 1987, the act was amended lieve that the capacity of the mountain ported to the Atomic Energy Commis- and the Congress directed DOE to focus should be determined by scientific and sion that burying radioactive high- its siting effort on Yucca Mountain technical analysis, and not by political level waste in geologic formations alone and terminated the second repos- compromises. should receive consideration. NAS stat- itory program. Today, the major facility at the ed that ‘‘radioactive waste can be dis- On February 14, 2002, after carrying Yucca Mountain site is an ‘‘explor- posed of safely in a variety of ways and out the required ‘‘appropriate site atory studies facility’’ with a 25-foot- at a large number of sites in the United characterization activities’’ at Yucca diameter, 5-mile long, tunnel with States.’’ Mountain to determine its suitability, ramps leading to the surface. This leg- In 1982, Congress passed the Nuclear the President recommended Yucca islation will allow the DOE to begin Waste Policy Act after a solid con- Mountain to Congress as being ‘‘quali- construction of needed infrastructure sensus had been reached around the fied for application for a construction for the repository and surface storage major elements of the approach broad- authorization for a repository.’’ facilities as soon as they complete an ly outlined by President Carter. When The Nuclear Waste Policy Act pro- environmental impact statement that President Reagan signed it into law the vided the Governor of Nevada the op- evaluates these activities. following January, he called the Act ‘‘a portunity to object to the site selec- The ‘‘Nu-Way’’ bill also begins to milestone for progress and the ability tion and to submit to Congress the rea- consolidate the defense nuclear waste of our democratic system to resolve a sons. On April 8, 2002, the Governor of and spent nuclear fuel from defense ac- sophisticated and divisive issue.’’ Nevada exercised this authority and tivities at the Yucca Mountain site. The Congress was quite optimistic submitted his notice of disapproval and The bill requires DOE to file for a per- then, so optimistic that we told the De- statement of reasons. Under the terms mit to build a surface receipt and stor- partment of Energy, DOE, to enter into of the Act, the Governor’s notice had age facility at the Nevada Test Site at contracts with utilities to begin taking the effect of terminating further con- nuclear waste off their hands by 1998 in the same time it files its license appli- sideration of the Yucca Mountain site cation for a repository at Yucca Moun- return for the payment of fees. Well, until both Houses of Congress passed obviously that didn’t happen, but the tain. and the President signed into law a As soon as the department receives United States government continues to joint resolution approving the site. the permit for the surface receipt and collect the fee at 1mil/KWH electricity The State veto provisions of the act storage facility from the NRC, it may generated by nuclear plants. What did accomplished their intent, which was begin moving defense fuel and waste to happen was that the utilities began to to afford Congress another opportunity sue DOE for failing to meet its contrac- the Nevada Test Site. We are not giv- to review and determine if the objec- ing DOE any new authority to move tual obligation to remove spent nu- tion was sufficient to terminate the clear fuel from storage at commercial spent fuel. DOE currently has author- program. Based on expert opinion, both ity to transport and consolidate de- reactor sites. DOE has been negoti- Houses concluded that the objection fense waste at DOE facilities, with the ating with various reactor owners since was not sufficient, and that the Yucca sole exception of Yucca Mountain site. 1999 over the missed deadline for settle- Mountain site is geologically suitable The spent nuclear fuel from our Navy ment agreements. The first agreement for development of the repository. In and defense activities that kept us safe was reached in July 2000 which allowed the national interest, Congress ap- during the Cold War should be consoli- DOE to pay PECO Energy Co. up to $80 proved the Yucca Mountain site, and dated and stored securely at the Ne- million in nuclear waste fee revenues instructed DOE to file a license appli- vada Test Site. The defense waste is during the subsequent 10 years. How- cation for the repository with the Nu- currently stored temporarily in Han- ever, other utilities sued DOE to block clear Regulatory Commission, NRC. ford, Idaho and Savannah River sites. the settlement, contending that nu- The decision has been made. All the This legislation further provides that clear waste fees may be used only for scientific work performed to date sup- only after the NRC issues a construc- the DOE Waste Program and not as ports the decision. compensation for missing the disposal With the siting decision made, it will tion permit for Yucca Mountain, may deadline. The U.S. Court of Appeals for now be up to the EPA to issue general the Department of Energy begin mov- the 11th Circuit agreed that any com- standards and for the Nuclear Regu- ing civilian spent fuel to the Nevada pensation would have to come from latory Commission to license the facil- Test Site. This legislation also lays the general revenue or other sources than ity by evaluating the scientific data foundation to integrate Yucca Moun- the waste fund. and determining whether the reposi- tain Repository Program and Global Today, commercial spent nuclear tory will permanently, and safely, iso- Nuclear Energy Partnership, GNEP, by fuel continues to be stored at plant late nuclear waste. providing that before civilian spent nu- sites, and DOE is facing more than $6 Yucca Mountain is the cornerstone of clear fuel is shipped to Yucca Moun- billion in judgments for failure to dis- our national comprehensive spent nu- tain, the Secretary of Energy must de- pose the spent nuclear fuel. As for the clear fuel management strategy for termine if it can be recycled within a nuclear waste fund, we now have more this country. Let me be clear: We need reasonable time. I might add that the than $19 billion of the ratepayer’s Yucca Mountain. We must make this current plans for GNEP do not include money in principal and interest. program work. I believe the bill intro- recycling all 55,000 metric tons of civil- In addition to civilian spent nuclear duced today will do that. ian spent fuel that has already been fuel, the Department of Energy stores This bill will remove unintended generated. This proposal will would about 2,500 metric tons of defense legal barriers that will allow DOE to avoid moving waste to Yucca Mountain waste, which includes unreprocessed meet its obligation to accept and store Site that should be shipped instead to spent nuclear fuel from its plutonium spent nuclear fuel as soon as possible, a GNEP facility. production reactors, naval propulsion without prejudging the outcome of the In the long run, this measure pro- reactors, and research reactors at Han- NRC’s repository licensing decision. vides DOE with the authorities needed ford, Savannah River, and the Idaho The bill I am introducing today au- to execute the Yucca Mountain project National Laboratory. thorizes DOE to permanently withdraw for long term emplacement and for the

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6553 GNEP program to reduce the volume and mental health services to veterans are causing great stress for the spouses and toxicity of the material to be who served in Operation Iraqi Freedom and children of these soldiers. Yet de- placed in the repository, thereby elimi- and Operation Enduring Freedom, with spite the recognition of the mental nating the need for a second waste re- a particular emphasis on those soldiers health needs of the family members of pository. who served in the National Guard and the returning veterans, current law This bill will also withdraw land for Reserves. limits the ability of the VA to work a rail route Yucca, a vital transpor- Operation Enduring Freedom, OEF, with these family members. This bill tation component. There is also a pro- and Operation Iraqi Freedom, OIF, are will expand access to mental health vision that provides that appropria- unique in their extensive use of Na- services for the immediate family of tions from the nuclear waste fund will tional Guard and Reserve troops and the veteran so that they may help the not count against the allocations for their reliance on repetitive deploy- veteran recover in the case of injury or discretionary spending. DOE will have ments. More than 1,500 National Guard illness incurred during deployment. It access to the full funds in the nuclear and Reservists from New Mexico have will also help expand access to services waste fund, moneys collected from been deployed in support of OIF and so that the family can better help the electricity rate payers, our constitu- OEF. Several hundred of these soldiers veteran adjust back to civilian life, and ents, specifically for developing and have been deployed multiple times. also help the readjustment of the fam- constructing the waste repository. This is a new era for our National ily to the return of the veteran. To address the liability problem cre- Guard and for the Reserve. The role of Lastly, this bill will extend the eligi- ated by Congress when DOE could not these organizations in defending our bility for health care services from the remove spent nuclear fuel from the re- national security has significantly in- Department of Veterans Affairs for vet- actor sites, this legislation will author- creased. Guard and Reserve members erans who served in combat from 2 ize DOE to revise the standard contract are seeing significant combat action years to 5 years. Two years is often in- to accept waste from new nuclear reac- and we know that a number of these sufficient time for symptoms related to tors at a more reasonable schedule. By soldiers will return with mental and PTSD and other mental illness to doing all of these things, this bill will physical wounds suffered in these wars, manifest. In many cases, it takes years for symptoms to present themselves, establish a comprehensive program including post traumatic stress dis- and the difficulty is often compounded that will provide confidence that our order, depression, brain injuries and by the fact that many servicemembers Nation’s nuclear waste will be managed other traumatic illnesses. do not immediately seek the care that safely both for current and future reac- Virtually all returning veterans and they need. Five years provides a more tors. their families will face readjustment adequate window to address these The issue of Yucca Mountain has problems. These soldiers and their families deserve the best care and treat- risks. been addressed repeatedly by Congress Outreach and access to treatment are and Presidents. The legislation I am in- ment possible, but where do our Na- tional Guard and Reserve soldiers fit essential to prevent readjustment prob- troducing today will not circumvent lems for our returning veterans and any environmental standards or regu- into the military and veterans’ systems of care? These ‘‘citizen-soldiers’’ their families. Left untreated, mental lations, nor will it preempt any State disorders like PTSD and depression can are not returning to military bases, or local government rights. become chronic and debilitating. We but rather to communities that are fre- Despite the great advances that we need systems in place to ensure that quently remote from VA medical cen- have made in this Nation on nuclear OEF/OIF veterans who are returning to ters and clinics. energy, we are still faced with chal- their homes have access to the services lenges. EIA estimates that even with a We’re quick to urge that VA provide veterans needed treatment for service- they need. It is my hope that this legis- projected increase in nuclear capacity lation will help close the gaps we cur- and generation in large, the nuclear related mental health problems, but we also need to do more to remove the rently have in our service delivery sys- share of total electricity is estimated tems and provide help to those who barriers such as travel and distance to fall from 19 percent in 2005 to 15 per- have experienced mental health prob- that oftentimes will prevent a veteran cent in 2030. This is because our energy lems as a result of their service to from seeking and continuing treat- needs will be great over the next 25 their country. years. For energy security reasons, ment. The Domenici-Obama bill calls I ask unanimous consent that the economic reasons and environmental on the Secretary of Veterans Affairs to text of the bill be printed in the develop a national program to reach reasons, we must make nuclear energy RECORD. a larger part of our mix. To meet the vets who can’t or won’t seek VA care. There being no objection, the text of challenge of reducing carbon emissions It requires the Secretary to mount a the bill was ordered to be printed in in order to address climate change, we national program to train a cadre of re- the RECORD, as follows: need nuclear energy. And, if we need turning servicemembers for positions S. 38 nuclear energy, we need Yucca Moun- as peer outreach workers and peer-sup- Be it enacted by the Senate and House of Rep- tain. port specialists. In any remote area of resentatives of the United States of America in Solving nuclear waste is in the na- the country in which the VA deter- Congress assembled, tional interest. We can solve this prob- mines there is inadequate access to a SECTION 1. SHORT TITLE. lem and I hope we can move forward VA medical center, the bill directs the This Act may be cited as the ‘‘Veterans’ together in a new way. Secretary of the VA to contract with Mental Health Outreach and Access Act of community mental health centers and 2007’’. By Mr. DOMENICI (for himself other qualified entities to provide peer SEC. 2. PROGRAM ON PROVISION OF READJUST- MENT AND MENTAL HEALTH CARE and Mr. OBAMA): outreach and support services, read- SERVICES TO VETERANS WHO S. 38. A bill to require the Secretary justment counseling and mental health SERVED IN OPERATION IRAQI FREE- of Veterans Affairs to establish a pro- services. However, any resulting con- DOM AND OPERATION ENDURING gram for the provision of readjustment tracts would require centers to first FREEDOM. (a) PROGRAM REQUIRED.—Not later than 180 and mental health services to veterans train and adhere to the VA’s expertise days after the date of the enactment of this who served in Operation Iraqi Freedom and standards of care in mental health. Act, the Secretary of Veterans Affairs shall and Operation Enduring Freedom, and It also will require any contract-pro- establish a program to provide— for other purposes; to the Committee vider to hire a trained peer specialist (1) to veterans of Operation Iraqi Freedom on Veterans’ Affairs. as well as have its clinicians partici- and Operation Enduring Freedom, particu- Mr. DOMENICI. Mr. President, I rise pate in a training program to be cer- larly veterans who served in such operations today with my colleague Senator tain they’ll provide ‘‘culturally com- while in the National Guard and the Re- serves— OBAMA to introduce the Veterans’ Men- petent’’ services. (A) peer outreach services; tal Health Outreach and Access Act. This bill also gives needed attention (B) peer support services; This bill will require the Secretary of to the toll these military operations (C) readjustment counseling and services Veteran’s Affairs to establish a pro- have on the mental health needs of our described in section 1712A of title 38, United gram for the provision of readjustment veterans’ families. These deployments States Code; and

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6554 CONGRESSIONAL RECORD — SENATE May 23, 2007 (D) mental health services; and date of the enactment of this Act, the Sec- pension plans. The quality of service (2) to members of the immediate family of retary shall submit to the Committee on and reliability that the USPS has been such a veteran, during the three-year period Veterans’ Affairs of the Senate and the Com- known for is threatened if our mail beginning on the date of the return of such mittee on Veterans’ Affairs of the House of carriers are replaced by low-paid, veteran from deployment in Operation Iraqi Representatives a report containing the Freedom and Operation Enduring Freedom, plans of the Secretary to implement the pro- short-term workers. education, support, counseling, and mental gram required by subsection (a). This is why I am introducing the health services to assist in— (2) STATUS REPORT.—Not later than one Mail Delivery Protection Act of 2007. (A) the readjustment of such veteran to ci- year after the date of the enactment of this This bill would prevent the USPS from vilian life; Act, the Secretary shall submit to the Com- contracting out the delivery of mail to (B) in the case such veteran has an injury mittee on Veterans’ Affairs of the Senate postal patrons to private individuals or illness incurred during such deployment, and the Committee on Veterans’ Affairs of and firms. the recovery of such veteran; and the House of Representatives a report on the Each day millions of sensitive mate- (C) the readjustment of the family fol- implementation of the program. Such report rials, including financial statements, lowing the return of such veteran. shall include the following: credit cards, Social Security checks, (b) CONTRACTS WITH COMMUNITY MENTAL (A) Information on the number of veterans HEALTH CENTERS AND QUALIFIED ENTITIES who received services as part of the program passports, and ballots, pass through the FOR PROVISION OF SERVICES.—In carrying out and the type of services received during the mail stream. We cannot afford to allow the program required by subsection (a), the last full calendar year completed before the the safe delivery of these personal, pri- Secretary shall contract with community submission of such report. vate documents to be granted to the mental health centers and other qualified en- (B) An evaluation of the provision of serv- lowest bidder. tities to provide the services required by ices under paragraph (2) of subsection (a) and In 2006, 379 Members of the House of such subsection in areas the Secretary deter- a recommendation as to whether the period Representatives voted against a pilot mines are not adequately served by other described in such paragraph should be ex- program testing the feasibility of con- health care facilities of the Department of tended to a five-year period. Veterans Affairs. Such contracts shall re- (f) AUTHORIZATION OF APPROPRIATIONS.— tracted delivery. quire each contracting community health There are authorized to be appropriated to However, postal management has in- center or entity— the Secretary of Veterans Affairs such sums creasingly chosen to contract out the (1) to the extent practicable, to employ as may be necessary to carry out this sec- delivery of mail, therefore outsourcing veterans trained under subsection (c); tion. their core service function. A fancy (2) to the extent practicable, to use tele- SEC. 3. EXTENSION OF ELIGIBILITY FOR HEALTH restaurant would not contract out its health services for the delivery of services CARE SERVICES FROM DEPART- chefs to a cheap fast-food chain to save required by subsection (a); MENT OF VETERANS AFFAIRS FOR (3) to participate in the training program VETERANS OF SERVICE IN COMBAT money. Why should the Post Office conducted in accordance with subsection (d); THEATER. outsource its delivery? (4) to comply with applicable protocols of Section 1710(e)(3)(C) of title 38, United We must remember that this is the the Department of Veterans Affairs before States Code, is amended by striking ‘‘2 U.S. Postal Service. This bill will en- incurring any liability on behalf of the De- years’’ and inserting ‘‘5 years’’. sure that the safety and reliability we partment for the provision of the services re- have all come to know from our local By Mr. HARKIN (for himself, Mr. quired by subsection (a); mail carriers will continue. CASEY, Mr. BINGAMAN, Mrs. (5) to submit annual reports to the Sec- I ask unanimous consent that the MURRAY, and Mr. LEAHY): retary containing, with respect to the pro- text of the bill be printed in the gram required by subsection (a) and for the S. 1457. A bill to provide for the pro- RECORD. last full calendar year ending before the sub- tection of mail delivery on certain mission of such report— There being no objection, the text of postal routes, and for other purposes; the bill was ordered to be printed in (A) the number of the veterans served, vet- to the Committee on Homeland Secu- the RECORD, as follows: erans diagnosed, and courses of treatment rity and Governmental Affairs. provided to veterans as part of the program Mr. HARKIN. Mr. President, since it S. 1457 required by subsection (a); and was created the U.S. Postal Service has Be it enacted by the Senate and House of Rep- (B) demographic information for such serv- resentatives of the United States of America in ices, diagnoses, and courses of treatment; provided trusted, reliable delivery to Congress assembled, (6) for each veteran for whom a community tens of millions of households through- SECTION 1. MAIL DELIVERY PROTECTION. mental health center or other qualified enti- out the country. Today, the USPS (a) SHORT TITLE.—This Act may be cited as ty provides mental health services under stands as the second largest employer the ‘‘Mail Delivery Protection Act of 2007’’. such contract, to provide the Department of in the country with over 700,000 em- (b) MAIL DELIVERY PROTECTION.—Section Veterans Affairs with such clinical summary ployees and is the most efficient postal 5212 of title 39, United States Code, is amend- information as the Secretary shall require; service in the world. Last year, the ed— and (1) by inserting ‘‘(a)’’ before ‘‘The Postal (7) to meet such other requirements as the Postal Accountability and Enhance- Service may’’; and Secretary shall require. ment Act was passed and signed into (2) by adding at the end the following: (c) TRAINING OF VETERANS FOR THE PROVI- law, ensuring the sustainability of the ‘‘(b)(1) Except as provided under paragraph SION OF PEER-OUTREACH AND PEER-SUPPORT USPS for years to come. (2), the Postal Service may not enter into SERVICES.—In carrying out the program re- However, recent decisions by the any contract under this section with any quired by subsection (a), the Secretary shall Postal Service have put the success motor carrier or other person for the deliv- contract with a national not-for-profit men- and reliability of mail delivery in jeop- ery of mail on any route with 1 or more fam- tal health organization to carry out a na- ardy. Postal delivery managers are now ilies per mile. tional program of training for veterans de- ‘‘(2) Notwithstanding paragraph (1)— scribed in subsection (a) to provide the serv- being encouraged to contract out deliv- ‘‘(A) any contract described under that ices described in subparagraphs (A) and (B) ery services for all new deliveries, of paragraph in effect on the date of enactment of paragraph (1) of such subsection. which there are approximately 1.8 mil- of the Mail Delivery Protection Act of 2007— (d) TRAINING OF CLINICIANS FOR PROVISION lion per year. ‘‘(i) shall remain in effect until terminated OF SERVICES.—The Secretary shall conduct a Outsourcing the mailman bypasses under the terms of such contract or as other- training program for clinicians of commu- the process that ensures that only wise provided by law; and nity mental health centers or entities that qualified people handle America’s mail, ‘‘(ii) may be renewed 1 or more times; and have contracts with the Secretary under sub- leaving open the possibility that con- ‘‘(B) service on a rural route may be con- section (b) to ensure that such clinicians can verted to contract delivery service when provide the services required by subsection victed felons, identity thieves, or other such route no longer serves a minimum of 1 (a) in a manner that— undesirable workers could have access family per mile.’’. (1) recognizes factors that are unique to to the mail stream. the experience of veterans who served on ac- Furthermore, it limits the ability of tive duty in Operation Iraqi Freedom or Op- the Postal Service to prevent, inves- By Mr. MENENDEZ (for himself and eration Enduring Freedom (including their tigate, and prosecute mail theft, mail Mr. LAUTENBERG): combat and military training experiences); fraud, and other illegal uses of the S. 1459. A bill to strengthen the Na- and tion’s research efforts to identify the (2) utilizes best practices and technologies. mail. (e) REPORTS REQUIRED.— The USPS employs dedicated postal causes and cure of psoriasis and psori- (1) INITIAL REPORT ON PLAN FOR IMPLEMEN- employees who earn solid middle-class atic arthritis, expand psoriasis and pso- TATION.—Not later than 45 days after the wages and have health benefits and riatic arthritis data collection, study

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6555 access to and quality of care for people forts and leadership over the last four treatments are used in combination with with psoriasis and psoriatic arthritis, decades and am grateful to the Founda- other treatments, and all treatments may and for other purposes; to the Com- tion and its members and staff for their cause a unique set of side effects. mittee on Health, Education, Labor, ongoing commitment to improving (10) Although new and more effective treatments finally are becoming available, too and Pensions. quality of life for people with psoriasis many people do not yet have access to the Mr. MENENDEZ. Mr. President, I and psoriatic arthritis. Again, I urge types of therapies that may make a signifi- rise today to introduce the Psoriasis my colleagues to join me in supporting cant difference in the quality of their lives. and Psoriatic Arthritis Research, Cure, the Psoriasis and Psoriatic Arthritis (11) Psoriasis and psoriatic arthritis con- and Care Act of 2007. According to the Research Cure, and Care Act. stitute a significant national health issue National Institutes of Health, as many I ask unanimous consent that the that deserves a comprehensive and coordi- as 7.5 million Americans are affected text of the bill be printed in the nated response by State and Federal governments with involvement of the health care by psoriasis, a chronic, inflammatory, RECORD. painful, disfiguring and disabling dis- provider, patient, and public health commu- There being no objection, the text of nities. ease for which there are limited treat- the bill was ordered to be printed in ments and no cure. In my State of New SEC. 4. EXPANSION OF BIOMEDICAL RESEARCH. the RECORD, as follows: (a) IN GENERAL.—The Secretary of Health Jersey, the National Psoriasis Founda- S. 1459 and Human Services (in this Act referred to tion estimates that 219,000 people have Be it enacted by the Senate and House of Rep- as the ‘‘Secretary’’), acting through the Di- psoriasis. resentatives of the United States of America in rector of the National Institutes of Health, Ten to thirty percent of people with Congress assembled, shall expand and intensify research and re- psoriasis also develop psoriatic arthri- SECTION 1. SHORT TITLE. lated activities of the Institutes with respect tis, which causes pain, stiffness, and This Act may be cited as the ‘‘Psoriasis to psoriasis and psoriatic arthritis. swelling in and around the joints. and Psoriatic Arthritis Research, Cure, and (b) RESEARCH BY NIAMS.— Moreover, of further concern is that Care Act of 2007’’. (1) IN GENERAL.—The Director of the Na- tional Institute of Arthritis and Musculo- people with psoriasis are at elevated SEC. 2. TABLE OF CONTENTS. skeletal and Skin Diseases shall conduct or risk for a myriad other comorbidities, The table of contents for this Act is as fol- support research to expand understanding of including but not limited to heart dis- lows: the causes of, and to find a cure for, psoriasis ease, diabetes, obesity, and mental Sec. 1. Short title. and psoriatic arthritis. Such research shall health conditions. Despite the serious Sec. 2. Table of contents. include the following: adverse effects that psoriasis and psori- Sec. 3. Findings. (A) Basic research to discover the patho- atic arthritis have on individuals, fam- Sec. 4. Expansion of biomedical research. genesis and pathophysiology of the disease. Sec. 5. National patient registry. ilies and society, psoriasis and psori- (B) Expansion of molecular genetics and Sec. 6. National summit. immunology studies, including additional atic arthritis are underrecognized and Sec. 7. Study and report by the Institute of animal models. underfunded by our Nation’s research Medicine. (C) Global association mapping with single institutions and public health agencies. SEC. 3. FINDINGS. nucleotide polymorphisms. At the historical and current rate of The Congress finds as follows: (D) Identification of environmental trig- psoriasis funding, NIH funding is not (1) Psoriasis and psoriatic arthritis are gers and autoantigens in psoriasis. keeping pace with research needs. For autoimmune-mediated, chronic, inflam- (E) Elucidation of specific immune recep- that reason, I am introducing legisla- matory, painful, disfiguring, and life-alter- tor cells and their products involved. tion to boost psoriasis and psoriatic ar- ing diseases that require life-long sophisti- (F) Pharmcogenetic studies to understand the molecular basis for varying patient re- thritis research, improve and expand cated medical intervention and care and have no cure. sponse to treatment. psoriasis and psoriatic arthritis data (2) Psoriasis and psoriatic arthritis affect (G) Identification of genetic markers of collection, increase access to care and as many as 7.5 million men, women, and chil- psoriatic arthritis susceptibility. treatment for these diseases, and help dren of all ages and have an adverse impact (H) Research to increase understanding of debunk the myths associated with pso- on the quality of life for virtually all af- joint inflammation and destruction in psori- riasis. fected. atic arthritis. I know that this legislation will go a (3) Psoriasis often is overlooked or dis- (I) Clinical research for the development long way in achieving these important missed because it does not cause death. Pso- and evaluation of new treatments, including public policy goals. The bill calls on riasis is commonly and incorrectly consid- new biological agents. (J) Research to develop improved diag- the Secretary of Health and Human ered by insurers, employers, policymakers, and the public as a mere annoyance, a super- nostic tests. Services, HHS, to convene a summit of ficial problem, mistakenly thought to be (K) Research to increase understanding of researchers, public health profes- contagious and due to poor hygiene. Treat- co-morbidities and psoriasis, including sionals, representatives of patient ad- ment for psoriasis often is categorized, shared molecular pathways. vocacy organizations and policymakers wrongly, as ‘‘life-style’’ and not ‘‘medically (2) COORDINATION WITH OTHER INSTITUTES.— to review current efforts in psoriasis necessary’’. In carrying out paragraph (1), the Director of and psoriatic arthritis research, treat- (4) Psoriasis goes hand-in-hand with a myr- the National Institute of Arthritis and Mus- ment, and quality-of-life being con- iad of co-morbidities such as Crohn’s disease, culoskeletal and Skin Diseases shall coordinate the activities of the Institute with the ducted by Federal agencies whose work diabetes, metabolic syndrome, obesity, hypertension, heart attack, cardiovascular dis- activities of other national research insti- involves psoriasis and psoriatic arthri- ease, liver disease, and psoriatic arthritis, tutes and other agencies and offices of the tis and psoriasis and psoriatic arthritis which occurs in 10 to 30 percent of people National Institutes of Health relating to pso- related comorbidities. The legislation with psoriasis. riasis or psoriatic arthritis. also calls on the Secretary of HHS to (5) The National Institute of Mental Health SEC. 5. NATIONAL PATIENT REGISTRY. commission a study from the Institutes funded a study that found that psoriasis may (a) IN GENERAL.—The Secretary, acting of Medicine, IOM, to evaluate and cause as much physical and mental dis- through the Director of the Centers for Dis- make recommendations to address ability as other major diseases, including ease Control and Prevention and in collabo- health insurance and prescription drug cancer, arthritis, hypertension, heart dis- ration with an eligible national organiza- ease, diabetes, and depression. coverage as they relate to medications tion, shall establish a national psoriasis and (6) Psoriasis is associated with elevated psoriatic arthritis patient registry. and treatments for psoriasis and psori- rates of depression and suicidal ideation. (b) COOPERATIVE AGREEMENTS.—In carrying atic arthritis. Lastly, the bill directs (7) Each year the people of the United out subsection (a), the Secretary shall enter the Centers for Disease Control and States lose approximately 56 million hours of into cooperative agreements with an eligible Prevention to develop a patient reg- work and spend $2 billion to $3 billion to national organization and appropriate aca- istry to collect much-needed longitu- treat psoriasis. demic health institutions to develop, imple- dinal data on psoriasis and psoriatic (8) Early diagnosis and treatment of psori- ment, and manage a system for psoriasis and arthritis so we can begin to understand atic arthritis may help prevent irreversible psoriatic arthritis patient data collection joint damage. and analysis, including the creation and use the long-term impact of these condi- (9) Treating psoriasis and psoriatic arthri- of a common data entry and management tions and evaluate the effects of var- tis presents a challenge for patients and system. ious therapies. their health care providers because no one (c) LONGITUDINAL DATA.—In carrying out I would like to thank the National treatment works for everyone, some treat- subsection (a), the Secretary shall ensure the Psoriasis Foundation for all of its ef- ments lose effectiveness over time, many collection and analysis of longitudinal data

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6556 CONGRESSIONAL RECORD — SENATE May 23, 2007 related to individuals of all ages with psori- (b) REPORT.—The agreement entered into lining the requirements for work asis and psoriatic arthritis, including in- under subsection (a) shall provide for the In- verification plans until June 29, 2006. fants, young children, adolescents, and stitute of Medicine to submit to the Sec- States had just 3 months to develop adults of all ages including older Americans. retary and Congress, not later than 18 their work verification plans based on (d) ELIGIBLE NATIONAL ORGANIZATION.—In months after the date of the enactment of this section, the term ‘‘eligible national or- this Act, a report containing a description of the new regulations, and the plans are ganization’’ means a national organization the results of the study conducted under this due on September 30, 2006. that— section and the conclusions and rec- On October 1, 2006, the tougher work (1) has expertise in the epidemiology of ommendations of the Institutes of Medicine standards as measured by work psoriasis and psoriatic arthritis; and regarding each of the issues described in verification took effect. (2) maintains an established patient reg- paragraphs (1) through (3) of subsection (a). Today, May 22, 2006, no State has re- istry or biobank. ceived approval of their work (e) AUTHORIZATION OF APPROPRIATIONS.—To By Mr. ROCKEFELLER: verification plans submitted over 7 carry out this section, there are authorized S. 1461. A bill to prohibit the Sec- to be appropriated $1,000,000 for fiscal year months ago. But States could be penal- 2008 and $500,000 for each of fiscal years 2009 retary of Health and Human Services ized for failing participation standards through 2012. from imposing penalties against a today before they have gotten guidance SEC. 6. NATIONAL SUMMIT. State under the Temporary Assistance from HHS that their work verification (a) IN GENERAL.—Not later than one year for Needy Families program for failure plans are approved, and they know after the date of enactment of this Act, the to satisfy minimum work participation what is expected of them. Secretary shall convene a summit on the rates or comply with work participa- current activities of the Federal Government This is just not fair. States need to tion verification procedures with re- know what the rules are for work, and to conduct or support research, treatment, spect to months beginning after Sep- education, and quality-of-life activities with what they can count for work before respect to psoriasis and psoriatic arthritis, tember 2006 and before the end of the any penalties should be assessed, even including psoriasis and psoriatic arthritis re- 12-month period that begins on the if they are not due until a future date. lated co-morbidities. The summit shall in- date the Secretary approves the State’s Some of the potential penalties are clude researchers, public health profes- work verification plan; to the Com- harsh, including a 5 percent cut in the sionals, representatives of voluntary health mittee on Finance. State’s block grant in the first year, agencies and patient advocacy organizations, Mr. ROCKEFELLER. Mr. President, and a requirement to increase State representatives of academic institutions, and today I am introducing a simple bill to Federal and State policymakers. matching funds. Such cuts could be im- (b) FOCUS.—The summit convened under try and provide some fairness to States posed when the value of TANF block this section shall focus on— as they struggle to try and implement grant has shrunk by more than 20 per- (1) a broad range of research activities re- the new, stringent standards of the cent since 1996. lating to biomedical, epidemiological, psy- welfare reform reauthorization im- My bill is simple fairness. It states chosocial, and rehabilitative issues; posed as part of the Deficit Reduction that no financial penalties can be im- (2) clinical research for the development Act on 2007. As a former member of the and evaluation of new treatments, including posed on a State until 12 months after West Virginia State Legislature and as a State gets official approval by HHS new biological agents; a Governor, I know that implementa- (3) translational research; of its work verification plans. This al- (4) information and education programs for tion of such mandates can take time. lows each State a year to come into health care professionals and the public; Let me share the timeline that compliance. States are trying, but they (5) priorities among the programs and ac- States face in coping with the new do not yet know what officially counts tivities of the various Federal agencies in- rules on welfare reform, or Temporary as work so they should not face any volved in psoriasis and psoriatic arthritis Assistance to Needy Families, TANF. penalties until after the rules are clear. and psoriasis and psoriatic arthritis related Most of the pending legislation on co-morbidities; and Welfare reform is not supposed to be TANF, including President Bush’s plan about penalties and pushing families (6) challenges and opportunities for sci- had a multiyear phase in proposals for entists, clinicians, patients, and voluntary off the caseload. Welfare reform is sup- organizations. tougher work requirements. posed to be about promoting responsi- (c) REPORT TO CONGRESS.—Not later than But the legislation that passed was a bility and self-sufficiency. States, and 180 days after the first day of the summit stark change with no time for States the families, on the program deserve to convened under this section, the Secretary to develop new policy and no time for know with certainty what it takes to shall submit to Congress and make publicly State legislature to react to new pol- ‘‘play by the rules.’’ available a report that includes a description icy. Additionally States could be pe- of— nalized for their policy even before (1) the proceedings at the summit; and By Mr. ROCKEFELLER: (2) the research, treatment, education, and they get guidance from officials at the S. 1462. A bill to amend part E of title quality-of-life activities conducted or sup- Department of Health and Human IV of the Social Security Act to pro- ported by the Federal Government with re- Services, HHS, that their work mote the adoption of children with spe- spect to psoriasis and psoriatic arthritis, in- verification plan is approved. This is cial needs; to the Committee on Fi- cluding psoriasis and psoriatic arthritis re- just not fair. nance. lated co-morbidities. Here is the history. In October of Mr. ROCKEFELLER. Mr. President, I (d) AUTHORIZATION OF APPROPRIATIONS.—To 2005, the House Workforce Committee rise today to introduce the Adoption carry out this section, there are authorized such sums as may be necessary for each of passed legislation to phase-in higher Equality Act of 2007. This legislation is fiscal years 2008 through 2010. work standards. an issue of fairness. It clearly states SEC. 7. STUDY AND REPORT BY THE INSTITUTE In November of 2005, the Senate ap- that every special needs child who OF MEDICINE. proved a budget reconciliation bill needs adoption assistance in order to (a) IN GENERAL.—The Secretary shall enter without new work requirements. Later gain a safe, permanent home deserves into an agreement with the Institute of Med- that month, the House approved a rec- it. icine to conduct a study on the following: onciliation bill that phased-in higher Throughout my career in the Senate, (1) The extent to which public and private work requirements. I have sought to strengthen and im- insurers cover prescription medications and other treatments for psoriasis and psoriatic On December 19, 2005, the conference prove policies for the most vulnerable arthritis. agreement on the Deficit Reduction children, children who are at-risk of (2) The payment structures, such as Act imposed tougher work standard abuse and neglect in their own homes. deductibles and co-payments, and the that will take effect on October 1, 2007. While foster care is able to provide for amounts and duration of coverage under States will also face penalties if they the basic needs of these children, we health plans and their adequacy to cover the do not meet new, unpublished work must ultimately be able to provide costs of providing ongoing care to patients verification requirements. them with a safe permanent home. with psoriasis and psoriatic arthritis. The President signed the bill into law Congress demonstrated their dedica- (3) Health plan and insurer coverage policies and practices and their impact on the in February 2006. tion to this when they passed the 1997 access of such patients to the best regimen The Department of Health and Adoption and Safe Families Act, which and most appropriate care for their par- Human Services did not issue regula- led to the number of nationwide adop- ticular disease state. tions to define work activities and out- tions nearly doubling. But even with

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6557 these significant gains we cannot for- Service Fellowship Program Act. This volunteer on a schedule that works for get over 100,000 children in foster care important bill would provide more them, a month up to a year. My bill are waiting for adoption. In West Vir- Americans the opportunity to volun- provides a commonsense approach to ginia, there are 94 children waiting for teer overseas and strengthen our exist- the time limitations of the average adoption. For some of these children, ing Federal international education American. described as having ‘‘special needs,’’ and exchange system. I believe the U.S. Not only does this bill open the door placement in a safe permanent home is government needs to be taking a great- for any U.S. citizen to apply for fellow- especially difficult. Special needs chil- er leadership role in providing opportu- ship consideration, it calls on Congress dren face increased obstacles in adop- nities for U.S. citizens to volunteer to be part of the decision-making proc- tion due to factors such as their age, overseas and my bill will enhance U.S. ess. The Global Service Fellowship disability, or status as part of a group efforts to be a global leader in people- Program integrates members of Con- of siblings needing to be placed to- to-people engagement. gress by calling on them to nominate gether. People-to-people engagement is one volunteer applicants to the Depart- In an effort to offer additional sup- of the United States’ most effective ment of State for consideration. port to those in foster care who have public diplomacy tools and, today more Through this process, Congress will see the most difficulty finding a safe and than ever, we need to be investing in firsthand the benefit international vol- permanent home, adoption subsidies every opportunity to improve the per- unteering brings to their communities are provided to encourage the adoption ception of the U.S. overseas. Bad policy and the nation. of ‘‘special needs’’ children. These sub- decisions by this administration have My bill would cost $150 million, sidy payments provide essential in- led to an alarming increase in negative which is more than offset by a provi- come support to help families finance opinions of the United States and we sion that would require the IRS to de- the daily basic costs of raising these have not done enough to reverse this posit all of its fee receipts in the Treas- children, as well as support for special trend. ury as miscellaneous receipts. CBO has services like therapy, tutoring, or spe- Studies have shown that, in areas estimated that this offset will save $559 cial equipment for disabled children. where U.S. citizens have volunteered million over 5 years for net deficit re- Yet, the current law does not make their time, money, and services, opin- duction of approximately $409 million. these Federal subsidies available to all ions of the United States have im- I am pleased that my colleagues, families adopting ‘‘special needs’’ chil- proved. A 2006 Terror Free Tomorrow Senators COLEMAN, VOINOVICH, CASEY, dren. Under this law, only a fraction of poll found that, ‘‘In Indonesia, almost MENENDEZ, and LAUTENBERG have the children waiting to be adopted two years after the tsunami, American joined me in introducing this bill. This would qualify for support. Federal sub- aid to tsunami victims continues to be program would be a valuable addition sidies are only given to families who the single biggest factor resulting in to our public diplomacy and humani- adopt special needs children whose bio- favorable opinion towards the United tarian efforts overseas and I encourage logical family would have qualified for States. Almost 60 percent of Indo- my colleagues to support the bill. welfare benefits. This is, simply, nesians surveyed nationwide in August wrong. A child’s eligibility for these 2006 said that American assistance By Mr. BIDEN: important benefits should not be de- made them favorable to the United S. 1467. A bill to establish an Early pendent on the income of his or her bi- States. This number has remained solid Federal Pell Grant Commitment Dem- ological parents, these are the parents following tsunami relief, despite a onstration Program; to the Committee whose legal rights to the child have growing number of Indonesians who op- on Health, Education, Labor, and Pen- been terminated, the parents who have pose American-led efforts to fight ter- sions. abused or neglected the child. rorism.’’ Mr. BIDEN. Mr. President, I rise It is time to create a Federal policy Greater investment in volunteer op- today to introduce the Early Federal that levels the playing field and gives portunities has significant potential to Pell Grant Commitment Demonstra- all children with special needs an equal improve the image of the U.S. overseas tion Program Act of 2007. and fair chance at being adopted. The and while we have important programs This legislation addresses some of Adoption Equality Act of 2007 will do already in place, the Peace Corps and the disparities in our current system this by removing the requirement that programs administered through the De- with an innovative way to clear the an income eligibility determination be partment of State’s Bureau of Edu- hurdles that lack of information and made in regard to the child’s biological cation and Cultural Affairs, we can and high costs often form to prevent low- parents, thereby making all children should be doing more. income students from planning for a who meet the definition of ‘‘special My bill would not only provide more college education. A recent report by needs’’ eligible for Federal adoption opportunities for people-to-people en- the Urban-Brookings Tax Policy Cen- subsidies. The bill would also give gagement, but it reduces barriers that ter concluded that grant programs States an incentive to make additional the average citizen faces when trying ‘‘that are well targeted and have more improvements to their welfare systems to volunteer internationally. First of predictable and larger awards tend to by requiring that States reinvest the all, my bill would reduce financial bar- have larger impacts on college-going moneys they save as a result of this riers by awarding fellowship awards de- rates.’’ This bill, I am pleased to say, bill back into their State child abuse signed to defray some of the costs asso- establishes such a program. and neglect programs. Right now, students do not find out if The lack of modest financial re- ciated with volunteering. The fellow- they are eligible for Federal aid until sources to support these adoptions is ship awards can be applied towards air- often the only barrier that stands be- fare, housing, or program costs, to their senior year, much less how much tween an abused child and a safe, lov- name a few examples. By providing fi- they will receive. If you have ever put ing home. This bill is a wise invest- nancial assistance, the Global Service kids through college, like I have, you ment if we want to truly help our most Fellowship program opens the door for know that this time frame doesn’t vulnerable children find a permanent every American to be a participant, allow much leeway for planning ahead. home. not just those with the resources to An earlier promise of Federal aid will pay for it. begin the conversation about college By Mr. FEINGOLD (for himself, Secondly, my bill reduces volun- early and continue it through high Mr. COLEMAN, Mr. CASEY, Mr. teering barriers by offering flexibility school. That way, students and their VOINOVICH, Mr. MENENDEZ, Mr. in the length of the volunteer oppor- families can visualize college in their LAUTENBERG, and Mr. COCHRAN): tunity. I often hear from constituents future, and this goal can sustain them S. 1464. A bill to establish a Global that they do not seek opportunities to through the moment they open their Service Fellowship Program, and for participate in Federal volunteer pro- letter of acceptance. This promise can other purposes; to the Committee on grams because they cannot leave their be especially important in changing Foreign Relations. jobs or family for years at a time. The the expectations of low-income stu- Mr. FEINGOLD. Mr. President, today Global Service Fellowship Programs dents whose future plans often don’t I am pleased to introduce the Global offers volunteers the opportunity to include college.

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6558 CONGRESSIONAL RECORD — SENATE May 23, 2007 My bill would provide funding for a which students in 8th grade who are eligible project and a copy of the plan described in demonstration in four states, each of for a free or reduced price meal receive a subsection (f)(2); which would work with two cohorts of commitment to receive a Federal Pell Grant ‘‘(B) a description of the student popu- up to 10,000 eighth grade students; one early in their academic careers. lation that will receive an early commit- ‘‘(B) EQUAL AMOUNTS.—The Secretary shall ment to receive a Federal Pell Grant under in school year 2007–2008, and one in award grants under this section in equal this section; school year 2008–2009. By using the amounts to each of the 4 participating State ‘‘(C) an assurance that the State edu- same eligibility criteria as the Na- educational agencies. cational agency will fully cooperate with the tional School Lunch Program, students ‘‘(b) DEMONSTRATION PROJECT REQUIRE- ongoing evaluation of the demonstration would be identified based on need in MENTS.—Each of the 4 demonstration project; and the eighth grade. Eligible students projects assisted under this section shall ‘‘(D) such other information as the Sec- would qualify for the Automatic Zero meet the following requirements: retary may require. Expected Family Contribution on the ‘‘(1) PARTICIPANTS.— ‘‘(d) SELECTION CONSIDERATIONS.— Free Application for Federal Student ‘‘(A) IN GENERAL.—The State educational ‘‘(1) SELECTION OF STATE EDUCATIONAL agency shall make participation in the dem- AGENCIES.—In selecting State educational Aid, FAFSA, guaranteeing them a onstration project available to 2 cohorts of agencies to participate in the demonstration maximum Pell Grant. Local edu- students, which shall consist of— program, the Secretary shall consider— cational agencies with a National ‘‘(i) 1 cohort of 8th grade students who ‘‘(A) the number and quality of State edu- School Lunch Program participation begin the participation in academic year cational agency applications received; rate above 50 percent would be eligible 2007–2008; and ‘‘(B) the Department’s capacity to oversee for the program. ‘‘(ii) 1 cohort of 8th grade students who and monitor each State educational agency’s The Early Federal Pell Grant Com- begin the participation in academic year participation in the demonstration program; mitment Demonstration Program 2008–2009. ‘‘(C) a State educational agency’s— would also provide funding for states, ‘‘(B) STUDENTS IN EACH COHORT.—Each co- ‘‘(i) financial responsibility; hort of students shall consist of not more ‘‘(ii) administrative capability; in conjunction with the participating than 10,000 8th grade students who qualify ‘‘(iii) commitment to focusing State re- local educational agencies, to conduct for a free or reduced price meal under the sources, in addition to any resources pro- targeted information campaigns begin- Richard B. Russell National School Lunch vided under part A of title I of the Elemen- ning in the eighth grade and con- Act or the Child Nutrition Act of 1966. tary and Secondary Education Act of 1965, on tinuing through students’ senior year. ‘‘(2) STUDENT DATA.—The State educational students who receive assistance under such These campaigns would inform stu- agency shall ensure that student data from part A; dents and their families of the program local educational agencies serving students ‘‘(iv) the ability and plans of a State edu- and provide information about the cost who participate in the demonstration cational agency to run an effective and thor- project, as well as student data from local ough targeted information campaign for stu- of a college education, State and Fed- educational agencies serving a comparable dents served by local educational agencies eral financial assistance, and the aver- group of students who do not participate in eligible to participate in the demonstration age amount of aid awards. A targeted the demonstration project, are available for project; and information campaign, along with a evaluation of the demonstration project. ‘‘(v) ensuring the participation in the dem- guarantee of a maximum Pell grant, ‘‘(3) FEDERAL PELL GRANT COMMITMENT.— onstration program of a diverse group of stu- would allow families and students to Each student who participates in the dem- dents with respect to ethnicity and gender. plan ahead for college and develop an onstration project receives a commitment ‘‘(2) LOCAL EDUCATIONAL AGENCY.—In se- expectation that the future includes from the Secretary to receive a Federal Pell lecting local educational agencies to partici- Grant during the first academic year that pate in a demonstration project under this higher education. student is in attendance at an institution of section, the State educational agency shall I ask unanimous consent that the higher education as an undergraduate, if the consider— text of the bill be printed in the student applies for Federal financial aid (via ‘‘(A) the number and quality of local edu- RECORD. the FAFSA) during the student’s senior year cational agency applications received; There being no objection, the text of of secondary school and during succeeding ‘‘(B) the State educational agency’s capac- the bill was ordered to be printed in years. ity to oversee and monitor each local edu- the RECORD, as follows: ‘‘(4) APPLICABILITY OF FEDERAL PELL GRANT cational agency’s participation in the dem- S. 1467 REQUIREMENTS.—The requirements of section onstration project; 401 shall apply to Federal Pell Grants award- ‘‘(C) a local educational agency’s— Be it enacted by the Senate and House of Rep- ed pursuant to this section, except that the ‘‘(i) financial responsibility; resentatives of the United States of America in amount of each participating student’s Fed- ‘‘(ii) administrative capability; Congress assembled, eral Pell Grant only shall be calculated by ‘‘(iii) commitment to focusing local re- SECTION 1. EARLY FEDERAL PELL GRANT COM- deeming such student to have an expected sources, in addition to any resources pro- MITMENT DEMONSTRATION PRO- GRAM. family contribution equal to zero. vided under part A of title I of the Elemen- Subpart 1 of part A of title IV of the High- ‘‘(5) APPLICATION PROCESS.—The Secretary tary and Secondary Education Act of 1965, on er Education Act of 1965 (20 U.S.C. 1070a et shall establish an application process to se- students who receive assistance under such seq.) is amended by adding at the end the fol- lect State educational agencies to partici- part A; lowing: pate in the demonstration program and ‘‘(iv) the ability and plans of a local edu- ‘‘SEC. 401B. EARLY FEDERAL PELL GRANT COM- State educational agencies shall establish an cational agency to run an effective and thor- MITMENT DEMONSTRATION PRO- application process to select local edu- ough targeted information campaign for stu- GRAM. cational agencies within the State to par- dents served by the local educational agency; ‘‘(a) DEMONSTRATION PROGRAM AUTHOR- ticipate in the demonstration project. and ITY.— ‘‘(6) LOCAL EDUCATIONAL AGENCY PARTICIPA- ‘‘(v) ensuring the participation in the dem- ‘‘(1) IN GENERAL.—The Secretary is author- TION.—Subject to the 10,000 statewide stu- onstration project of a diverse group of stu- ized to carry out an Early Federal Pell Grant dent limitation described in paragraph (1), a dents with respect to ethnicity and gender. Commitment Demonstration Program under local educational agency serving students, ‘‘(e) EVALUATION.— which— not less than 50 percent of whom are eligible ‘‘(1) IN GENERAL.—From amounts appro- ‘‘(A) the Secretary awards grants to 4 for a free or reduced price meal under the priated under section (g) for a fiscal year, State educational agencies, in accordance Richard B. Russell National School Lunch the Secretary shall reserve not more than with paragraph (2), to pay the administrative Act or the Child Nutritional Act of 1966, $1,000,000 to award a grant or contract to an expenses incurred in participating in the shall be eligible to participate in the dem- organization outside the Department for an demonstration program under this section; onstration project. independent evaluation of the impact of the and ‘‘(c) STATE EDUCATIONAL AGENCY APPLICA- demonstration program assisted under this ‘‘(B) the Secretary awards Federal Pell TIONS.— section. Grants to participating students in accord- ‘‘(1) IN GENERAL.—Each State educational ‘‘(2) COMPETITIVE BASIS.—The grant or con- ance with this section. agency desiring to participate in the dem- tract shall be awarded on a competitive ‘‘(2) GRANTS.— onstration program under this section shall basis. ‘‘(A) IN GENERAL.—From amounts appro- submit an application to the Secretary at ‘‘(3) MATTERS EVALUATED.—The evaluation priated under subsection (g) for a fiscal year, such time and in such manner as the Sec- described in this subsection shall— the Secretary is authorized to award grants retary may require. ‘‘(A) determine the number of individuals to 4 State educational agencies to enable the ‘‘(2) CONTENTS.—Each application shall in- who were encouraged by the demonstration State educational agencies to pay the ad- clude— program to pursue higher education; ministrative expenses incurred in partici- ‘‘(A) a description of the proposed targeted ‘‘(B) identify the barriers to the effective- pating in a demonstration program under information campaign for the demonstration ness of the demonstration program;

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6559 ‘‘(C) assess the cost-effectiveness of the horts of students annually for the duration I am deeply concerned that burial demonstration program in improving access of the students’ participation in the dem- benefits for the families of our wound- to higher education; onstration program. The 2 cohorts shall con- ed or disabled veterans have not kept ‘‘(D) identify the reasons why participants sist of— in the demonstration program either re- ‘‘(A) 1 cohort of 8th grade students who up with inflation and rising funeral ceived or did not receive a Federal Pell begin the participation in academic year costs. We are losing over 1,000 World Grant; 2007–2008; and War II veterans each day, but Congress ‘‘(E) identify intermediate outcomes (rel- ‘‘(B) 1 cohort of 8th grade students who has failed to increase veterans’ burial ative to postsecondary education attend- begin the participation in academic year benefits to keep up with rising costs ance), such as whether participants— 2008–2009. and inflation. While these benefits ‘‘(i) were more likely to take a college-prep ‘‘(4) RESERVATION.—Each State educational were never intended to cover the full curriculum while in secondary school; agency receiving a grant under this section costs of burial, they now pay for only a ‘‘(ii) submitted any college applications; shall reserve $200,000 of the grant funds re- and ceived each fiscal year for each of the 2 co- fraction of what they covered in 1973, ‘‘(iii) took the PSAT, SAT, or ACT; horts of students (for a total reservation of when the federal government first ‘‘(F) identify the number of individuals $400,000 each fiscal year) served by the State started paying burial benefits for our participating in the demonstration program to carry out their targeted information cam- veterans. who pursued an associate’s degree or a bach- paign described in this subsection. I want to thank my colleagues on the elor’s degree, as well as other forms of post- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— Veterans’ Affairs Committee for work- secondary education; There are authorized to be appropriated to ‘‘(G) compare the findings of the dem- carry out this section— ing with me in the 107 Congress. To- onstration program with respect to partici- ‘‘(1) $1,300,000 for fiscal year 2008, of gether, we were able to increase mod- pants to comparison groups (of similar size which— estly the service-connected benefit and demographics) that did not participate ‘‘(A) $500,000 shall be available to carry out from $1,500 to $2,000, and the plot allow- in the demonstration program; and subsection (e); and ance from $150 to $300. While I believe ‘‘(H) identify the impact on the parents of ‘‘(B) $800,000 shall be available to carry out these increases are a step in the right students eligible to participate in the dem- subsection (f)(2)(C); direction, they are not a substitute for ‘‘(2) $1,600,000 for fiscal year 2009, of which onstration program. the amounts included in my bill. ‘‘(4) DISSEMINATION.—The findings of the $1,600,000 shall be available to carry out sub- evaluation shall be widely disseminated to section (f)(2)(C); That is why I am again introducing the public by the organization conducting ‘‘(3) $1,600,000 for fiscal year 2010, of which the Veterans Burial Benefits Improve- the evaluation as well as by the Secretary. $1,600,000 shall be available to carry out sub- ment Act. This bill will increase burial ‘‘(f) TARGETED INFORMATION CAMPAIGN.— section (f)(2)(C); benefits to cover the same percentage ‘‘(1) IN GENERAL.—Each State educational ‘‘(4) $2,100,000 for fiscal year 2011, of of funeral costs as they did in 1973. It agency receiving a grant under this section which— will also provide for these benefits to shall, in cooperation with the participating ‘‘(A) $500,000 shall be available to carry out local educational agencies within the State subsection (e); and be increased annually to keep up with and the Secretary, develop a targeted infor- ‘‘(B) $1,600,000 shall be available to carry inflation. mation campaign for the demonstration pro- out subsection (f)(2)(C); In 1973, the service-connected benefit gram assisted under this section. ‘‘(5) $1,600,000 for fiscal year 2012, of which paid for 72 percent of veterans’ funeral ‘‘(2) PLAN.—Each State educational agency $1,600,000 shall be available to carry out sub- costs. Today, this benefit covers just 39 receiving a grant under this section shall in- section (f)(2)(C); percent of funeral costs. My bill will clude in the application submitted under ‘‘(6) $14,600,000 for fiscal year 2013, of subsection (c) a written plan for their pro- increase the service-connected benefit which— from $2,000 to $4,100, bringing it back posed targeted information campaign. The ‘‘(A) $800,000 shall be available to carry out plan shall include the following: subsection (f)(2)(C); and up to the original 72 percent level. ‘‘(A) OUTREACH.—Outreach to students and ‘‘(B) $13,800,000 shall be available for Fed- In 1973, the nonservice connected their families, at a minimum, at the begin- eral Pell Grants provided in accordance with benefit paid for 22 percent of funeral ning and end of each academic year of the this section; and costs. It has not been increased since demonstration project. ‘‘(7) $13,800,000 for fiscal year 2014, of which 1978, and today it covers just 6 percent ‘‘(B) DISTRIBUTION.—How the State edu- $13,800,000 shall be available for Federal Pell cational agency plans to provide the out- of funeral costs. My bill will increase Grants provided in accordance with this sec- the nonservice connected benefit from reach described in subparagraph (A) and to tion.’’. provide the information described in sub- $300 to $1,270, bringing it back up to the paragraph (C). By Ms. MIKULSKI: original 22 percent level. ‘‘(C) INFORMATION.—The annual provision S. 1468. A bill to amend title 38, In 1973, the plot allowance paid for 13 by the State educational agency to all stu- United States Code, to increase burial percent of veterans’ funeral costs. Yet dents and families participating in the dem- benefits for veterans, and for other pur- it now covers just 6 percent of funeral onstration program of information regarding— poses; to the Committee on Veterans’ costs. My bill will increase the plot al- ‘‘(i) the estimated statewide average high- Affairs. lowance from $300 to $745, bringing it er education institution cost data for each Ms. MIKULSKI. Mr. President, I rise back up to the original 13 percent level. academic year, which cost data shall be to introduce the Veterans Burial Bene- Finally, the Veterans Burial Benefits disaggregated by— fits Improvement Act. Improvement Act will also ensure that ‘‘(I) type of institution, including— We must honor our U.S. soldiers who these burial benefits are adjusted for ‘‘(aa) 2-year public colleges; died in the name of their country. inflation annually, so veterans won’t ‘‘(bb) 4-year public colleges; and These service men and women are ‘‘(cc) 4-year private colleges; have to fight this fight again. America’s true heroes and on this day This legislation is just one way to ‘‘(II) by component, including— we pay tribute to their courage and honor our Nation’s service men and ‘‘(aa) tuition and fees; and sacrifice. Some have given their lives ‘‘(bb) room and board; women. I want to thank the millions of for our country. All have given their ‘‘(ii) Federal Pell Grants, including— veterans, Marylanders, and people time and dedication to ensure our ‘‘(I) the maximum Federal Pell Grant for across the Nation for their patriotism, each academic year; country remains the land of the free and the home of the brave. We owe a devotion, and commitment to honoring ‘‘(II) when and how to apply for a Federal the true meaning of Memorial Day. Pell Grant; and special debt of gratitude to each and ‘‘(III) what the application process for a every one of them. U.S. soldiers from every generation Federal Pell Grant requires; Our Nation has a sacred commitment have shared in the duty of defending ‘‘(iii) State-specific college savings pro- to honor the promises made to soldiers America and protecting our freedom. grams; when they signed up to serve our coun- For these sacrifices, America is eter- ‘‘(iv) State-based merit aid; try. As a member of the Senate Appro- nally grateful. ‘‘(v) State-based financial aid; and priations Committee, I fight hard each I ask unanimous consent that the ‘‘(vi) Federal financial aid available to stu- text of the bill be printed in the dents, including eligibility criteria for the year to make sure promises made to Federal financial aid and an explanation of our service men and women are prom- RECORD. the Federal financial aid programs. ises kept. These promises include ac- There being no objection, the text of ‘‘(3) COHORTS.—The information described cess to quality, affordable health care the bill was ordered to be printed in in paragraph (2)(C) shall be provided to 2 co- and a proper burial for our veterans. the RECORD, as follows:

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6560 CONGRESSIONAL RECORD — SENATE May 23, 2007 S. 1468 this prison. Our closest allies have all were not captured on any battlefield, Be it enacted by the Senate and House of Rep- urged that Guantanamo be closed, as let alone on ‘‘the battlefield in Afghan- resentatives of the United States of America in have many leaders from across the po- istan,’’ as the President once asserted. Congress assembled, litical spectrum in the United States. Fewer than 20 percent of the detainees SECTION 1. SHORT TITLE. Last June, after three detainees com- have ever been al-Qaida members. This Act may be cited as the ‘‘Veterans mitted suicide in a single day, Presi- Many scores, and perhaps hundreds, of Burial Benefits Improvement Act of 2007’’. dent Bush acknowledged that the pris- the detainees were not even Taliban SEC. 2. INCREASE IN BURIAL AND FUNERAL BEN- on has damaged America’s reputation EFITS FOR VETERANS. foot soldiers, let alone al-Qaida mem- abroad. The President said: (a) INCREASE IN BURIAL AND FUNERAL EX- bers. The majority were not captured PENSES AND PROVISION FOR ANNUAL COST-OF- No question, Guantanamo sends a signal to by U.S. forces but, rather, handed over LIVING ADJUSTMENT.— some of our friends—provides an excuse, for by reward-seeking Pakistanis, Afghan (1) EXPENSES GENERALLY.—Section 2302(a) example, to say that the United States is not warlords, and by villagers of highly du- of title 38, United States Code, is amended by upholding the values that they’re trying to bious reliability. For example, one of encourage other countries to adhere to. striking ‘‘$300’’ and inserting ‘‘$1,270 (as in- the detainees is a man who was con- creased from time to time under section 2309 The President said: scripted by the Taliban to work as an of this title)’’. I’d like to close Guantanamo. assistant cook. The U.S. Government’s (2) EXPENSES FOR DEATHS IN DEPARTMENT More recently, Secretary of Defense FACILITIES.—Section 2303(a)(1)(A) of such ‘‘evidence’’ against this detainee con- title is amended by striking ‘‘$300’’ and in- Gates and Secretary of State Rice have sists in its entirety of the following: serting ‘‘$1,270 (as increased from time to urged that the prison be shut down. On One, the detainee admits he was a time under section 2309 of this title)’’. March 23, the Washington Post, citing cook’s assistant for Taliban forces in (3) EXPENSES FOR DEATHS FROM SERVICE- ‘‘senior administration officials,’’ re- Narim, Afghanistan, under the com- CONNECTED DISABILITIES.—Section 2307 of ported Secretary Gates had ‘‘repeat- mand of Haji Mullah Baki. such title is amended by striking ‘‘$2,000,’’ edly argued that the detention facility Two, the detainee fled from Narim to and inserting ‘‘$4,100 (as increased from time at Guantanamo Bay, Cuba, had become Kabul during the Northern Alliance at- to time under section 2309 of this title),’’. so tainted abroad that legal pro- tack and surrendered to the Northern (b) PLOT ALLOWANCE.—Section 2303(b) of such title is amended— ceedings at Guantanamo would be Alliance. (1) by striking ‘‘$300’’ the first place it ap- viewed as illegitimate.’’ According to This person is still sitting in Guanta- pears and inserting ‘‘$745 (as increased from the Post, Secretary Gates ‘‘told Presi- namo. time to time under section 2309 of this dent Bush and others that it should be The situation at Guantanamo, I must title)’’; and shut down as quickly as possible.’’ add, reminds me of an earlier episode (2) by striking ‘‘$300’’ the second place it Make no mistake, current detainees in this Senator’s life. In July of 1970, I appears and inserting ‘‘$745 (as so in- at Guantanamo include a number of ex- was a staff assistant to a House com- creased)’’. tremely dangerous terrorists with the mittee in the House of Representatives. (c) ANNUAL ADJUSTMENT.— determination and the ability—if they I was working with a congressional del- (1) IN GENERAL.—Chapter 23 of such title is amended by adding at the end the following are given the opportunity—to inflict egation on a factfinding trip to Viet- new section: grave harm on the United States and nam. I brought back photographs of ‘‘§ 2309. Annual adjustment of amounts of its citizens. Among the detainees are 14 the so-called tiger cages at Con Son Is- burial benefits senior leaders of al-Qaida, including land, off the coast of Vietnam, where ‘‘With respect to any fiscal year, the Sec- Khalid Sheikh Mohammed, who has Viet Cong and some North Vietnamese retary shall provide a percentage increase confessed to being one of the master- prisoners, as well as civilian opponents (rounded to the nearest dollar) in the burial minds of the September 11 attacks, of the war, were all being held to- and funeral expenses under sections 2302(a), plus others. We must, and we can, hold gether, held incommunicado, tortured 2303(a), and 2307 of this title, and in the plot these enemy combatants in maximum and killed, with the full knowledge, allowance under section 2303(b) of this title, security confinement elsewhere. support, and sanction of the United equal to the percentage by which— But the critics are right. The 5-year- States Government. We had heard re- ‘‘(1) the Consumer Price Index (all items, United States city average) for the 12-month old prison at Guantanamo is a stain on ports about the possible existence of period ending on the June 30 preceding the the honor of this country. By holding these tiger cages. But our State De- beginning of the fiscal year for which the in- people at Guantanamo without charge, partment vehemently denied their ex- crease is made, exceeds without judicial review, without appro- istence. They dismissed all of these ‘‘(2) the Consumer Price Index for the 12- priate legal counsel, and—in the past— claims as communist propaganda. month period preceding the 12-month period subjecting many of them to torture, we Well, I looked into this and believed described in paragraph (1).’’. have forfeited the moral high ground the reports were credible. I was deter- (2) CLERICAL AMENDMENT.—The table of and we stand as hypocrites in the eyes mined to investigate further to see if sections at the beginning of such chapter is they did exist. Thanks to the courage amended by adding at the end the following of the world. new item: Perhaps most seriously, from a prag- of Congressman William Anderson of matic standpoint, maintaining the Tennessee, Congressman Augustus ‘‘2309. Annual adjustment of amounts of burial benefits.’’. prison at Guantanamo is simply coun- Hawkins of California, Don Luce, an (d) EFFECTIVE DATE.— terproductive. It has become a propa- American working for a nongovern- (1) IN GENERAL.—Except as provided in ganda bonanza and recruitment tool mental organization, and a brave, paragraph (2), the amendments made by this for terrorists. It alienates our friends young Vietnamese man who risked his section shall apply to deaths occurring on or and allies. It detracts from our ability life and his brother’s life, who was still after the date of the enactment of this Act. to regain the moral high ground, and held on Con Son in the tiger cages, who (2) PROHIBITION ON COST-OF-LIVING ADJUST- rally the world against the terrorists drew us the maps and showed us how to MENT FOR FISCAL YEAR 2008.—No adjustments shall be made under section 2309 of title 38, who threaten us. find the tiger cages at these prisons— United States Code, as added by subsection The administration has repeatedly Nguyen Caoli was the young man’s (c), for fiscal year 2008. described detainees at Guantanamo as name. He risked it all by trusting us. ‘‘the worst of the worst’’ or, as former Thanks to his maps and telling us how By Mr. HARKIN: Secretary of Defense Rumsfeld once de- to find them, we were able to expose S. 1469. A bill to require the closure scribed them, the ‘‘most dangerous, the tiger cages on Con Son Island in of the Department of Defense detention best-trained, vicious killers on the face July of 1970. facility at Guantanamo Bay, Cuba, and of the earth.’’ Unquestionably, some of Supporters of the war claimed the for other purposes; to the Committee the detainees fit these descriptions. tiger cages were not all that bad. But on Armed Services. However, an exhaustive study of Guan- then Life Magazine and other maga- Mr. HARKIN. Mr. President, today I tanamo detainees conducted by the zines around the world published the am offering legislation to close the nonpartisan, highly respected National pictures I had surreptitiously taken on U.S. military presence at Guantanamo Journal last year came to the following Con Son, and the world saw the horrific Bay, Cuba. There is remarkable agree- conclusions: A large percentage, per- conditions, as I said, with Vietnamese ment on the need to find a way to close haps the majority, of the detainees guerrillas, as well as civilian opponents

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6561 of the war, all crowded together in U.S. detention base at Fort Leaven- (2) EXCEPTIONS.—Amounts appropriated or these cages, in clear violation of the worth, KS. This is a state-of-the-art otherwise made available for fiscal year 2007 Geneva Conventions, and in violation maximum-security facility just opened or fiscal year 2008 may be used for the fol- of the most fundamental principles of in 2002. It has adequate capacity to re- lowing purposes related to the detention of foreign nationals who were detained at the human rights. ceive these prisoners from Guanta- Guantanamo Bay detention facility on any At the time, the United States Gov- namo. Under my bill, the remaining date between March 31, 2007 and the date of ernment had been insisting the North prisoners, some 365 in number, would enactment: Vietnamese abide by the Geneva Con- have their legal status resolved. In (A) Transfer to the United States Discipli- ventions in their treatment of United each case, the administration will de- nary Barracks at Fort Leavenworth, Kansas, States prisoners in North Vietnam. termine whether the prisoner planned for purposes of pretrial detention or deten- Yet, here we were condoning, funding, or committed hostile acts against the tion during a trial or while serving a sen- and even supervising the torture of Vi- United States. Those who did plan or tence, of any such person who, not later than commit hostile acts would be charged 120 days after the date of the enactment of etnamese prisoners and civilians, this Act, is charged with an offense under whose only crime was protesting the and transferred to Fort Leavenworth. chapter 47A of title 10, United States Code, war, all in clear violation of the Gene- Those who did not would be released to as added by section 3 of the Military Com- va Conventions. the custody of their home country or, missions Act of 2006 (Public Law 109–366), or There are disturbing parallels be- where necessary, to a country where with a felony offense under title 18, United tween what transpired on Con Son Is- they would not face torture. States Code, or chapter 47 of title 10, United land nearly four decades ago and what There is a pending bill, S. 1249, to States Code (the Uniform Code of Military happened at Guantanamo in recent close the prison at Guantanamo. How- Justice); or years. In both cases, prisons were delib- ever, that bill gives the administration (B) Continued detention at the Guanta- namo Bay detention facility for an addi- erately set up on remote islands, clear- too much leeway to maintain the status quo in terms of the detainees’ legal tional 120 day period, not to continue more ly with the intention of limiting scru- than 240 days after the date of the enactment tiny and restricting access. In both status. It allows an enemy combatant of this Act, upon written certification by the cases, detainees were not classified as to be detained indefinitely without Secretary of Defense to the Chairmen and prisoners of war, expressly to deny charge—that is what is getting us into Ranking Members of the Committees on them the protections of the Geneva trouble in the first place—and it does Armed Services of the Senate and the House Conventions. In both cases, detainees not require that the administration of Representatives that additional time is were deprived of any right of due proc- abide by the Convention Against Tor- needed to complete the investigation and ture, nor does it give detainees a forum preparation of charges, including a detailed ess, judicial review, or a fair trial. factual explanation of the specific reasons They were simply held indefinitely in in which to lodge credible claims of torture or abuse. The bill I am intro- why the additional time is needed. isolation, in limbo. In both cases, when (C) Transfer of any such person to another the mistreatment of detainees was ex- ducing does all of that. country, provided that— posed, the United States stood accused The United States has lost its way, (i) the transfer complies with the Conven- of hypocrisy, of betraying its most sa- both in Iraq and at Guantanamo. We tion Relating to the Status of Refugees, done cred values, and of violating inter- need to wage a smarter, more focused, at Geneva July 28, 1951, the United Nations national law. and more effective fight against the Convention Against Torture and Other So you can see why I have watched terrorists who threaten us, and we Forms of Cruel, Inhuman or Degrading must do so in ways that do not give Treatment or Punishment, done at New what has transpired at Guantanamo, York December 10, 1984, and Federal law; and and I have thought back to that epi- credence to their anti-American propaganda and do not rally more recruits to (ii) an individual being so transferred who sode in my life when all of this came is asserting a well founded fear of torture, out about the tiger cages and the inhu- their cause. To that end, we must close abuse, or persecution has an opportunity to mane treatment of these several hun- the prison at Guantanamo as soon as have the claim heard by the Executive Office dred prisoners who were there at the possible. The legislation I am offering for Immigration Review, subject to the same time. There was a happy ending to that today will accomplish this. judicial review provided for in section event. Because of the international This legislation has the enthusiastic 242(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1252(a)(4)). outcry, the tiger cages were closed endorsement of Human Rights Watch, Human Rights First, Amnesty Inter- (c) IMMIGRATION STATUS.—The transfer of down, the prisoners were released, and an individual under subsection (b)(2)(A) shall people went back to their homes. national, and the American Civil Lib- erties Union. I urge my colleagues to not be considered an entry into the United Many of them who were in the tiger States for purposes of immigration status. support the bill. cages I met later on in life. One became (d) AUTHORIZATION OF APPROPRIATIONS.— the mayor of Saigon, several became Mr. President, I ask unamimous con- There are authorized to be appropriated such successful businesspeople, and others sent that the text of the bill be printed sums as may be necessary to carry out ac- went on with their lives. But watching in the RECORD. tivities under this Act related to the inves- There being no objection, the text what happened at Guantanamo and tigation, prosecution, and defense of cases was ordered to be printed in the and claims relating to foreign nationals who seeing that many of these people were RECORD, as follows: were detained at the Guantanamo Bay deten- swept up in a war which some of S. 1469 tion facility on or after March 31, 2007, and them—many of them—well, the Na- the transfer of such persons, including for tional Journal says a majority of them Be it enacted by the Senate and House of Rep- resentatives of the United States of America in the reimbursement of costs incurred by local were not even engaged. Congress assembled, communities. So it is time to close it down. We SECTION 1. SHORT TITLE. need to reverse the damage Guanta- This Act may be cited as the ‘‘Guantanamo By Mr. NELSON of Florida (for namo has done to America’s reputation Bay Detention Facility Closure Act of 2007’’. himself and Mr. DURBIN): and to our ability to wage an effective SEC. 2. CLOSURE OF GUANTANAMO BAY DETEN- S. 1470. A bill to provide States with fight against the terrorists who at- TION FACILITY AND DISPOSITION OF the resources needed to rid our schools tacked us on September 11, and the es- DETAINEES. of performance-enhancing drug use; to (a) CLOSURE OF FACILITY.—Not later than the Committee on Health, Education, sential first step must be to close the 120 days after the date of the enactment of prison at Guantanamo as expeditiously this Act, the President shall close the De- Labor, and Pensions. as possible. The bill I am introducing partment of Defense detention facility at Mr. NELSON of Florida. Mr. Presi- today offers a practical approach to ac- Guantanamo Bay Cuba. dent, I rise to introduce the Drug Free complishing this within 120 days of en- (b) RESTRICTION ON USE OF FUNDS.— Varsity Sports Act of 2007. This bill actment of the law. (1) RESTRICTION.—Except as provided in would provide States with the re- As I said, there are known hardcore paragraph (2), no amounts appropriated or sources they need to rid our schools of terrorists at Guantanamo, such as otherwise made available for fiscal year 2007 steroids and other performance-en- or fiscal year 2008 may be used for the Guan- Khalid Shaikh Mohammed, who must tanamo Bay detention facility or for deten- hancing drugs. continue to be held in maximum-secu- tion at the Guantanamo Bay detention facil- I believe steroid use doesn’t begin at rity conditions. Under my bill, these ity of any foreign national who was detained the professional level. I am very con- prisoners will be transferred to the at such facility on or after Marach 31, 2007. cerned about performance-enhancing

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6562 CONGRESSIONAL RECORD — SENATE May 23, 2007 drug use among young athletes, specifi- ing programs assisted by the Office of Safe for this section under paragraph (1) separate cally high school athletes. Steroid use and Drug-Free Schools of the Department of from any funds available to the Secretary for among high school students is on the Education by establishing, through the Of- other student drug-testing programs. rise. It more than doubled among high fice, a grant program that will allow State f educational agencies to test secondary school students from 1991 to 2003, ac- school students for performance-enhancing AMENDMENTS SUBMITTED AND cording to the Centers for Disease Con- drug use. PROPOSED trol and Prevention. Furthermore, a (b) PROGRAM AUTHORIZED.—The Secretary SA 1166. Mr. GRASSLEY (for himself, Mr. study by the University of Michigan of Education, acting through the Assistant DEMINT, and Mrs. DOLE) submitted an shows that the percentage of 12 graders Deputy Secretary of the Office of Safe and amendment intended to be proposed to Drug-Free Schools, shall award, on a com- who said they had used steroids some amendment SA 1150 proposed by Mr. REID petitive basis, grants to State educational time in their lives rose from 1.9 percent (for Mr. KENNEDY (for himself and Mr. SPEC- agencies to enable the State educational in 1996 to 3.4 percent in 2004. This is un- TER)) to the bill S. 1348, to provide for com- agencies to develop and carry out statewide acceptable and a health risk to our prehensive immigration reform and for other pilot programs that test secondary school purposes. children. students for performance-enhancing drug SA 1167. Ms. CANTWELL (for herself, Mr. In 2004, the Polk County School Dis- use. LEVIN, Mrs. MURRAY, Mr. CRAIG, Mr. CRAPO, trict became the first in Florida to es- (c) APPLICATION.—A State educational and Mr. BAUCUS) submitted an amendment tablish random testing for high school agency that desires to receive a grant under intended to be proposed by her to the bill S. athletes, and the Florida House passed this section shall submit an application to 1348, supra; which was ordered to lie on the the Secretary of Education at such time, in a bill that would have made Florida table. such manner, and containing such informa- the first State to require steroid test- SA 1168. Mrs. HUTCHISON (for herself, Mr. tion as the Secretary may require. ing for high school athletes. That bill BINGAMAN, Mr. DOMENICI, Mr. MCCAIN, Mr. (d) PRIORITY.—In awarding grants under YL, Mrs. FEINSTEIN, and Mr. CORNYN) sub- stalled in the Senate, but now Florida this section, the Secretary of Education K mitted an amendment intended to be pro- and other States are considering a shall give priority to State educational posed to amendment SA 1150 proposed by Mr. similar law. Currently, less than 4 per- agencies that incorporate community orga- REID (for Mr. KENNEDY (for himself and Mr. cent of U.S. high schools test athletes nizations in carrying out the recovery, coun- SPECTER)) to the bill S. 1348, supra. seling, and treatment programs described in for steroids, and no State requires high SA 1169. Mr. BINGAMAN (for himself, Mrs. subsection (e)(1)(B). schools to test athletes. Schools and FEINSTEIN, Mr. OBAMA, Mr. DODD, and Mr. (e) USE OF FUNDS.— States say that cost is usually the rea- DURBIN) proposed an amendment to amend- (1) DRUG-TESTING PROGRAM FOR PERFORM- son they don’t test. ment SA 1150 proposed by Mr. REID (for Mr. In response, I am introducing this ANCE-ENHANCING DRUGS.—A State educational agency that receives a grant under KENNEDY (for himself and Mr. SPECTER)) to legislation to help States with the re- this section shall use not more than 90 per- the bill S. 1348, supra. SA 1170. Mr. McCONNELL (for himself and sources they need to curb the use of cent of the grant funds to carry out the fol- Mr. BOND) submitted an amendment in- steroids and other performance-en- lowing: tended to be proposed by him to the bill S. hancing drugs. My legislation would (A) Implement a drug-testing program for 1348, supra; which was ordered to lie on the performance-enhancing drugs that is limited provide federal grants directly to table. States so that they can develop and to testing secondary school students who SA 1171. Mrs. HUTCHISON submitted an implement performance-enhancing meet 1 or more of the following criteria: amendment intended to be proposed by her drug testing programs. (i) The student participates in the school’s to the bill S. 1348, supra; which was ordered The Drug Free Varsity Sports Act of athletic program. to lie on the table. (ii) The student is engaged in a competi- 2007 would authorize $20 million in SA 1172. Mr. GREGG (for himself, Mr. tive, extracurricular, school-sponsored activ- DEMINT, Mr. CORNYN, and Mrs. DOLE) sub- grants to States to create statewide ity. pilot drug testing programs for permitted an amendment intended to be pro- (iii) The student and the student’s parent posed to amendment SA 1150 proposed by Mr. formance-enhancing drugs. States that or guardian provides written consent for the REID (for Mr. KENNEDY (for himself and Mr. receive the grants would be required to student to participate in a voluntary random SPECTER)) to the bill S. 1348, supra. incorporate recovery, counseling, and drug-testing program for performance-en- SA 1173. Mr. GRAHAM (for himself, Mr. treatment programs for those students hancing drugs. CHAMBLISS, Mr. ISAKSON, Mr. MCCAIN, Mr. who test positive for performance-en- (B) Provide recovery, counseling, and MARTINEZ, Mr. KYL, and Mr. MCCONNELL) hancing drugs. treatment programs for secondary school submitted an amendment intended to be pro- Stopping the use of performance-en- students tested in the program who test posed to amendment SA 1150 proposed by Mr. positive for performance-enhancing drugs. hancing drugs goes beyond testing. REID (for Mr. KENNEDY (for himself and Mr. (2) PREVENTION.—A State educational SPECTER)) to the bill S. 1348, supra. That is why my legislation also would agency that receives a grant under this sec- SA 1174. Mr. THUNE submitted an amend- require States that receive grants to tion shall use not less than 10 percent of the ment intended to be proposed by him to the allocate no less than 10 percent of the grant funds to establish statewide policies bill S. 1348, supra; which was ordered to lie funding to establish statewide policies that discourage the use of performance-en- on the table. to discourage steroid use, through edu- hancing drugs, through educational or other SA 1175. Mr. THUNE submitted an amend- cational or other related means. related means. ment intended to be proposed by him to the There is no simple solution to the (f) REPORT.—For each year of the grant pe- bill S. 1348, supra; which was ordered to lie issue of steroids in sports. Congress can riod, a State educational agency that re- on the table. ceives a grant under this section shall pre- do its part by enacting the Drug Free SA 1176. Mr. FEINGOLD (for himself, Mr. pare and submit an annual report to the As- LIEBERMAN, and Mr. INOUYE) submitted an Varsity Sports Act of 2007. But the sistant Deputy Secretary of the Office of amendment intended to be proposed by him sports leagues, their players, coaches, Safe and Drug-Free Schools on the impact of to the bill S. 1348, supra; which was ordered and parents all must play an active the pilot program, which report shall in- to lie on the table. role. clude— SA 1177. Mr. BINGAMAN submitted an Mr. President, I request unanimous (1) the number and percentage of students amendment intended to be proposed by him consent that the text of the bill be who test positive for performance-enhancing to the bill S. 1348, supra; which was ordered printed in the RECORD. drugs; to lie on the table. There being no objection, the text of (2) the cost of the pilot program; and SA 1178. Mr. KERRY submitted an amend- the bill was ordered to be printed in (3) a description of any barriers to the pilot ment intended to be proposed by him to the program, as well as aspects of the pilot pro- bill S. 1348, supra; which was ordered to lie the RECORD, as follows: gram that were successful. on the table. S. 1470 (g) DEFINITIONS.—In this section, the terms SA 1179. Mr. LAUTENBERG (for himself, Be it enacted by the Senate and House of Rep- ‘‘State educational agency’’ and ‘‘secondary Mr. BROWNBACK, Mr. MENENDEZ, Mrs. CLIN- resentatives of the United States of America in school’’ have the meanings given the terms TON, Mr. DODD, Mr. FEINGOLD, Mr. LIEBER- Congress assembled, in section 9101 of the Elementary and Sec- MAN, and Mr. SCHUMER) submitted an amend- SECTION 1. SHORT TITLE. ondary Education Act of 1965 (20 U.S.C. 7801). ment intended to be proposed by him to the This Act may be cited as the ‘‘Drug Free (h) AUTHORIZATION OF APPROPRIATIONS.— bill S. 1348, supra; which was ordered to lie Varsity Sports Act of 2007’’. (1) IN GENERAL.—There is authorized to be on the table. SEC. 2. PILOT DRUG-TESTING PROGRAMS FOR appropriated to carry out this section SA 1180. Mr. HAGEL (for himself and Mr. PERFORMANCE-ENHANCING DRUGS. $20,000,000 for fiscal year 2008. DURBIN) submitted an amendment intended (a) PURPOSE.—The purpose of this section (2) SEPARATION OF FUNDS.—The Secretary to be proposed by him to the bill S. 1348, is to supplement the other student drug-test- of Education shall keep any funds authorized supra; which was ordered to lie on the table.

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6563 SA 1181. Mr. DORGAN (for himself and by her to the bill S. 1348, to provide for tenced offenders, or time spent by prosecu- Mrs. BOXER) submitted an amendment in- comprehensive immigration reform tors on judicial appeals. tended to be proposed by him to the bill S. and for other purposes; which was or- (c) AUTHORIZATION OF APPROPRIATIONS.— 1348, supra; which was ordered to lie on the dered to lie on the table; as follows: There is authorized to be appropriated to table. carry out this section $28,000,000 for fiscal SA 1182. Mr. THOMAS submitted an At the appropriate place, insert the fol- year 2008 and such sums as may be necessary lowing: amendment intended to be proposed to for each succeeding fiscal year. amendment SA 1150 proposed by Mr. REID SEC. ll. NORTHERN BORDER PROSECUTION RE- IMBURSEMENT. (for Mr. KENNEDY (for himself and Mr. SPEC- SA 1168. Mrs. HUTCHISON (for her- (a) SHORT TITLE.—This section may be TER)) to the bill S. 1348, supra; which was or- self, Mr. BINGAMAN, Mr. DOMENICI, Mr. cited as the ‘‘Northern Border Prosecution dered to lie on the table. Initiative Reimbursement Act’’. MCCAIN, Mr. KYL, Mrs. FEINSTEIN, and SA 1183. Mrs. CLINTON (for herself, Mr. (b) NORTHERN BORDER PROSECUTION INITIA- Mr. CORNYN) submitted an amendment HAGEL, and Mr. MENENDEZ) submitted an TIVE.— intended to be proposed to amendment amendment intended to be proposed by her (1) INITIATIVE REQUIRED.—From amounts SA 1150 proposed by Mr. REID (for Mr. to the bill S. 1348, supra; which was ordered made available to carry out this section, the KENNEDY (for himself and Mr. SPEC- to lie on the table. Attorney General, acting through the Direc- TER)) to the bill S. 1348, to provide for SA 1184. Mr. CORNYN (for himself, Mr. tor of the Bureau of Justice Assistance of NELSON, of Nebraska, and Mr. DEMINT) pro- the Office of Justice Programs, shall carry comprehensive immigration reform posed an amendment to amendment SA 1150 out a program, to be known as the Northern and for other purposes; as follows: proposed by Mr. REID (for Mr. KENNEDY (for Border Prosecution Initiative, to provide On page 6, line 11, strike the second period himself and Mr. SPECTER)) to the bill S. 1348, funds to reimburse eligible northern border and insert the following: ‘‘; supra. entities for costs incurred by those entities (C) in paragraph (2), as redesignated— SA 1185. Mr. OBAMA submitted an amend- for handling case dispositions of criminal (i) in the header, by striking ‘‘SECURITY ment intended to be proposed by him to the cases that are federally initiated but feder- FEATURES’’ and inserting ‘‘ADDITIONAL FENC- bill S. 1348, supra; which was ordered to lie ally declined-referred. This program shall be ING ALONG SOUTHWEST BORDER’’; and on the table. modeled after the Southwestern Border Pros- (ii) by striking subparagraphs (A) through SA 1186. Mr. AKAKA (for himself, Mr. ecution Initiative and shall serve as a part- (C) and inserting the following: REID, Mr. DURBIN, Mr. INOUYE, Mrs. BOXER, ner program to that initiative to reimburse ‘‘(A) REINFORCED FENCING.—In carrying out Mrs. MURRAY, and Ms. CANTWELL) proposed local jurisdictions for processing Federal subsection (a), the Secretary of Homeland an amendment to amendment SA 1150 pro- cases. Security shall construct reinforced fencing posed by Mr. REID (for Mr. KENNEDY (for (2) PROVISION AND ALLOCATION OF FUNDS.— along not less than 700 miles of the south- himself and Mr. SPECTER)) to the bill S. 1348, Funds provided under the program shall be west border where fencing would be most supra. provided in the form of direct reimburse- practical and effective and provide for the SA 1187. Mr. ALLARD submitted an ments and shall be allocated in a manner installation of additional physical barriers, amendment intended to be proposed by him consistent with the manner under which roads, lighting, cameras, and sensors to gain to the bill S. 1348, supra; which was ordered funds are allocated under the Southwestern operational control of the southwest border. to lie on the table. Border Prosecution Initiative. ‘‘(B) PRIORITY AREAS.—In carrying out this SA 1188. Mr. ALLARD submitted an (3) USE OF FUNDS.—Funds provided to an el- section, the Secretary of Homeland Security amendment intended to be proposed by him igible northern border entity may be used by shall— to the bill S. 1348, supra; which was ordered the entity for any lawful purpose, including ‘‘(i) identify the 370 miles along the south- to lie on the table. the following purposes: west border where fencing would be most SA 1189. Mr. ALLARD submitted an (A) Prosecution and related costs. practical and effective in deterring smug- amendment intended to be proposed by him (B) Court costs. glers and aliens attempting to gain illegal to the bill S. 1348, supra; which was ordered (C) Costs of courtroom technology. entry into the United States; and to lie on the table. (D) Costs of constructing holding spaces. ‘‘(ii) not later than December 31, 2008, com- f (E) Costs of administrative staff. plete construction of reinforced fencing (F) Costs of defense counsel for indigent along the 370 miles identified under clause TEXT OF AMENDMENTS defendants. (i). SA 1166. Mr. GRASSLEY (for him- (G) Detention costs, including pre-trial and ‘‘(C) CONSULTATION.— ‘‘(i) IN GENERAL.—In carrying out this sec- self, Mr. DEMINT, and Mrs. DOLE) sub- post-trial detention. tion, the Secretary of Homeland Security mitted an amendment intended to be (4) DEFINITIONS.—In this section: (A) The term ‘‘eligible northern border en- shall consult with the Secretary of Interior, proposed to amendment SA 1150 pro- tity’’ means— the Secretary of Agriculture, States, local posed by Mr. REID (for Mr. KENNEDY (i) any of the following States: Alaska, governments, Indian tribes, and property (for himself and Mr. SPECTER)) to the Idaho, Maine, Michigan, Minnesota, Mon- owners in the United States to minimize the bill S. 1348, to provide for comprehen- tana, New Hampshire, New York, North Da- impact on the environment, culture, com- sive immigration reform and for other kota, Ohio, Pennsylvania, Vermont, Wash- merce, and quality of life for the commu- purposes; as follows: ington, and Wisconsin; or nities and residents located near the sites at (ii) any unit of local government within a which such fencing is to be constructed. At the appropriate place, insert the fol- State referred to in claluse (i). ‘‘(ii) SAVINGS PROVISION.—Nothing in this lowing: (B) The term ‘‘federally initiated’’ means, subparagraph may be construed to— SEC. lll. JUDICIAL REVIEW OF VISA REVOCA- with respect to a criminal case, that the case ‘‘(I) create any right of action for a State, TION. results from a criminal investigation or an local government, or other person or entity (a) IN GENERAL.—Section 221(i) of the Im- arrest involving Federal law enforcement au- affected by this subsection; or migration and Nationality Act (8 U.S.C. thorities for a potential violation of Federal ‘‘(II) affect the eminent domain laws of the 1201(i)) is amended by striking ‘‘There shall criminal law, including investigations re- United States or of any State. be no means of judicial review’’ and all that sulting from multi-jurisdictional task forces. ‘‘(D) LIMITATION ON REQUIREMENTS.—Not- follows and inserting the following: ‘‘Not- (C) The term ‘‘federally declined-referred’’ withstanding subparagraph (A), nothing in withstanding any other provision of law, in- means, with respect to a criminal case, that this paragraph shall require the Secretary of cluding section 2241 of title 28, United States a decision has been made in that case by a Homeland Security to install fencing, phys- Code, any other habeas corpus provision, and United States Attorney or a Federal law en- ical barriers, roads, lighting, cameras, and sections 1361 and 1651 of such title, a revoca- forcement agency during a Federal inves- sensors in a particular location along an tion under this subsection may not be re- tigation to no longer pursue Federal crimi- international border of the United States, if viewed by any court, and no court shall have nal charges against a defendant and to refer the Secretary determines that the use or jurisdiction to hear any claim arising from, the investigation to a State or local jurisdic- placement of such resources is not the most or any challenge to, such a revocation.’’. tion for possible prosecution. The term inappropriate means to achieve and maintain (b) EFFECTIVE DATE.—The amendment cludes a decision made on an individualized operational control over the international made by subsection (a) shall— case-by-case basis as well as a decision made border at such location.’’; and (1) take effect on the date of the enactment pursuant to a general policy or practice or (D) in paragraph (5), as redesignated, by of this Act; and pursuant to prosecutorial discretion. striking ‘‘to carry out this subsection not to (2) apply to all visas issued before, on, or (D) The term ‘‘case disposition’’, for pur- exceed $12,000,000’’ and inserting ‘‘such sums after such date. poses of the Northern Border Prosecution as may be necessary to carry out this sub- Initiative, refers to the time between a sus- section’’. SA 1167. Ms. CANTWELL (for herself, pect’s arrest and the resolution of the crimi- Mr. LEVIN, Mrs. MURRAY, Mr. CRAIG, nal charges through a county or State judi- SA 1169. Mr. BINGAMAN (for him- Mr. CRAPO, and Mr. BAUCUS) submitted cial or prosecutorial process. Disposition self, Mrs. FEINSTEIN, Mr. OBAMA, Mr. an amendment intended to be proposed does not include incarceration time for sen- DODD, and Mr. DURBIN) proposed an

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6564 CONGRESSIONAL RECORD — SENATE May 23, 2007 amendment to amendment SA 1150 pro- ‘‘(c) USE OF FUNDS.—A State receiving a retary of Homeland Security has established posed by Mr. REID (for Mr. KENNEDY payment under this part shall use the pay- and demonstrated operational control of 100 (for himself and Mr. SPECTER)) to the ment only to provide free photo identifica- percent of the international land border be- bill S. 1348, to provide for comprehen- tion cards to registered voters who do not tween the United States and Mexico, includ- have an identification card that meets the ing the ability to monitor such border sive immigration reform and for other requirements of section 304. through available methods and technology. purposes; as follows: ‘‘(d) ALLOCATION OF FUNDS.— (2) STAFF ENHANCEMENTS FOR BORDER PA- Strike subparagraph (B) of the quoted mat- ‘‘(1) IN GENERAL.—The amount of the grant TROL.—The United States Customs and Bor- ter under section 409(1)(B) and insert the fol- made to a State under this part for a year der Protection Border Patrol has hired, lowing: shall be equal to the product of— trained, and reporting for duty 20,000 full- ‘‘(B) under section 101(a)(15)(Y)(i), may not ‘‘(A) the total amount appropriated for time agents as of the date of the certifi- exceed 200,000 for each fiscal year; or payments under this part for the year under cation under this subsection. In paragraph (2) of the quoted matter section 298; and (3) STRONG BORDER BARRIERS.—There has under section 409(2), strike ‘‘, (B)(ii),’’. ‘‘(B) an amount equal to— been— ‘‘(i) the voting age population of the State (A) installed along the international land SA 1170. Mr. MCCONNELL (for himself (as reported in the most recent decennial border between the United States and Mex- and Mr. BOND) submitted an amend- census); divided by ico as of the date of the certification under ment intended to be proposed by him ‘‘(ii) the total voting age population of all this subsection, at least— to the bill S. 1348, to provide for com- eligible States which submit an application (i) 300 miles of vehicle barriers; prehensive immigration reform and for for payments under this part (as reported in (ii) 370 miles of fencing; and the most recent decennial census). (iii) 105 ground-based radar and camera other purposes; which was ordered to towers; and lie on the table; as follows: ‘‘SEC. 298. AUTHORIZATION OF APPROPRIATIONS. ‘‘(a) IN GENERAL.—In addition to any other (B) deployed for use along the along the At the appropriate place, insert the fol- amounts authorized to be appropriated under international land border between the lowing: this subtitle, there are authorized to be ap- United States and Mexico, as of the date of SEC. lll. IDENTIFICATION REQUIREMENT. propriated such sums as are necessary for the certification under this subsection, 4 un- (a) NEW REQUIREMENT FOR INDIVIDUALS the purpose of making payments under sec- manned aerial vehicles, and the supporting VOTING IN PERSON.— tion 297. systems for such vehicles. (1) IN GENERAL.—Title III of the Help Amer- ‘‘(b) AVAILABILITY.—Any amounts appro- (4) CATCH AND RETURN.—The Secretary of ica Vote Act of 2002 (42 U.S.C. 15481 et seq.) priated pursuant to the authority of this sec- Homeland Security is detaining all remov- is amended by redesignating sections 304 and tion shall remain available until expended.’’. able aliens apprehended crossing the inter- 305 as sections 305 and 306, respectively, and (2) CONFORMING AMENDMENT.—The table of national land border between the United by inserting after section 303 the following contents of the Help America Vote Act of States and Mexico in violation of Federal or new section: 2002 is amended by inserting after the item State law, except as specifically mandated ‘‘SEC. 304. IDENTIFICATION OF VOTERS AT THE relating to section 296 the following: by Federal or State law or humanitarian cir- POLLS. cumstances, and United States Immigration ‘‘PART 7—PHOTO IDENTIFICATION ‘‘(a) IN GENERAL.—Notwithstanding the re- and Customs Enforcement has the resources quirements of section 303(b), each State shall ‘‘Sec. 297. Payments for free photo identi- to maintain this practice, including the re- require individuals casting ballots in an elec- fication. sources necessary to detain up to 31,500 ‘‘Sec. 298. Authorization of appropriations.’’. tion for Federal office in person to present a aliens per day on an annual basis. (5) WORKPLACE ENFORCEMENT TOOLS.—In current valid photo identification issued by a SA 1171. Mrs. HUTCHISON submitted governmental entity before voting. compliance with the requirements of title III ‘‘(b) EFFECTIVE DATE.—Each State shall be an amendment intended to be proposed of this Act, the Secretary of Homeland Secu- required to comply with the requirements of by her to the bill S. 1348, to provide for rity has established, and is using, secure and subsection (a) on and after January 1, 2008.’’. comprehensive immigration reform effective identification tools to prevent un- (2) CONFORMING AMENDMENTS.— and for other purposes; which was or- authorized workers from obtaining employ- (A) Section 401 of the Help America Vote dered to lie on the table; as follows: ment in the United States. Such identification tools shall include establishing— Act of 2002 (42 U.S.C. 15511) is amended by On page 1, line 26, insert ‘‘of which not less (A) strict standards for identification docu- striking ‘‘and 303’’ and inserting ‘‘303, and than 17,500 shall be trained and deployed to ments that are required to be presented by 304’’. protect the borders of the United States’’ the alien to an employer in the hiring proc- (B) The table of contents of the Help Amer- after ‘‘agents’’. ica Vote Act of 2002 is amended by redesig- ess, including the use of secure documenta- nating the items relating to sections 304 and SA 1172. Mr. GREGG (for himself, Mr. tion that— (i) contains— 305 as relating to items 305 and 306, respec- DEMINT, Mr. CORNYN, and Mrs. DOLE) (I) a photograph of the alien; and tively, and by inserting after the item relat- submitted an amendment intended to ing to section 303 the following new item: (II) biometric data identifying the alien; or be proposed to amendment SA 1150 pro- ‘‘Sec. 304. Identification of voters at the (ii) complies with the requirements for polls.’’. posed by Mr. REID (for Mr. KENNEDY such documentation under the REAL ID Act (for himself and Mr. SPECTER)) to the (Public Law 109-13; 119 Stat. 231); and (b) FUNDING FOR FREE PHOTO IDENTIFICA- (B) an electronic employment eligibility TIONS.— bill S. 1348, to provide for comprehen- verification system that is capable of (1) IN GENERAL.—Subtitle D of title II of sive immigration reform and for other querying Federal and State databases in the Help America Vote Act of 2002 (42 U.S.C. purposes; as follows: order to restrict fraud, identity theft, and 15401 et seq.) is amended by adding at the end Strike section 1 and insert the following: use of false social security numbers in the the following: SECTION 1. EFFECTIVE DATE TRIGGERS. hiring of aliens by an employer by electroni- ‘‘PART 7—PHOTO IDENTIFICATION (a) IN GENERAL.—With the exception of the cally providing a digitized version of the ‘‘SEC. 297. PAYMENTS FOR FREE PHOTO IDENTI- probationary benefits conferred by section photograph on the alien’s original Federal or FICATION. 601(h) of this Act, the provisions of subtitle State issued document or documents for ‘‘(a) IN GENERAL.—In addition to any other C of title IV, and the admission of aliens verification of that alien’s identity and work payments made under this subtitle, the Com- under section 101(a)(15)(H)(ii) of the Immi- eligibility. mission shall make payments to States to gration and Nationality Act (8 U.S.C. (6) PROCESSING APPLICATIONS OF ALIENS.— promote the issuance to registered voters of 1101(a)(15)(H)(ii)), as amended by title IV, the The Secretary of Homeland Security has re- free photo identifications for purposes of programs established by title IV, and the ceived, and is processing and adjudicating in meeting the identification requirements of programs established by title VI that grant a timely manner, applications for Z non- section 304. legal status to any individual or that adjust immigrant status under title VI of this Act, ‘‘(b) ELIGIBILITY.—A State is eligible to re- the current status of any individual who is including conducting all necessary back- ceive a grant under this part if it submits to unlawfully present in the United States to ground and security checks required under the Commission (at such time and in such that of an alien lawfully admitted for perma- that title. form as the Commission may require) an ap- nent residence, shall become effective on the (b) SENSE OF CONGRESS.—It is the sense of plication containing— date that the Secretary submits a written Congress that the border security and other ‘‘(1) a statement that the State intends to certification to the President and the Con- measures described in subsection (a) shall be comply with the requirements of section 304; gress, based on analysis by and in consulta- completed as soon as practicable, subject to and tion with the Comptroller General, that each the necessary appropriations. ‘‘(2) a description of how the State intends of the following border security and other (c) PRESIDENTIAL PROGRESS REPORT.— to use the payment under this part to pro- measures are established, funded, and oper- (1) IN GENERAL.—Not later than 90 days vide registered voters with free photo identi- ational: after the date of enactment of this Act, and fications which meet the requirements of (1) OPERATIONAL CONTROL OF THE INTER- every 90 days thereafter until the require- such section. NATIONAL BORDER WITH MEXICO.—The Sec- ments under subsection (a) are met, the

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6565 President shall submit a report to Congress cross the border to, or is at any time found The detrimental effects are still being expe- detailing the progress made in funding, in the United States, shall be fined under rienced. meeting, or otherwise satisfying each of the title 18, United States Code, and imprisoned (6) Prior to and during World War II, the requirements described under paragraphs (1) not less than 2 years and not more than 10 United States restricted the entry of Jewish through (6) of subsection (a), including de- years.’’. refugees who were fleeing persecution or tailing any contractual agreements reached genocide and sought safety in the United to carry out such measures. SA 1174. Mr. THUNE submitted an States. During the 1930’s and 1940’s, the (2) PROGRESS NOT SUFFICIENT.—If the Presi- amendment intended to be proposed by quota system, immigration regulations, visa dent determines that sufficient progress is him to the bill S. 1348, to provide for requirements, and the time required to proc- not being made, the President shall include comprehensive immigration reform ess visa applications affected the number of in the report required under paragraph (1) and for other purposes; which was or- Jewish refugees, particularly those from specific funding recommendations, author- Germany and Austria, who could gain admit- ization needed, or other actions that are or dered to lie on the table; as follows: tance to the United States. should be undertaken by the Secretary of In section 1(a), strike ‘‘the probationary (7) The United States Government should Homeland Security. benefits conferred by Section 601(h), the pro- conduct an independent review to fully as- (d) GAO REPORT.—Not later than 30 days visions of Subtitle C of title IV,’’ and insert sess and acknowledge these actions. Con- after the certification is submitted under ‘‘the provisions of subtitle C of title IV’’. gress has previously reviewed the United subsection (a), the Comptroller General shall At the end of section 1, add the following: States Government’s wartime treatment of submit a report to Congress on the accuracy (d) No probationary benefit established Japanese Americans through the Commis- of such certification. under title VI shall be issued to an alien sion on Wartime Relocation and Internment until this section is implemented. of Civilians. An independent review of the SA 1173. Mr. GRAHAM (for himself, treatment of German Americans and Italian Mr. CHAMBLISS, Mr. ISAKSON, Mr. SA 1175. Mr. THUNE submitted an Americans and of Jewish refugees fleeing MCCAIN, Mr. MARTINEZ, Mr. KYL, and amendment intended to be proposed by persecution and genocide has not yet been Mr. MCCONNELL) submitted an amend- him to the bill S. 1348, to provide for undertaken. ment intended to be proposed to comprehensive immigration reform (8) Time is of the essence for the establish- amendment SA 1150 proposed by Mr. and for other purposes; which was or- ment of commissions, because of the increas- dered to lie on the table; as follows: ing danger of destruction and loss of relevant REID (for Mr. KENNEDY (for himself and documents, the advanced age of potential On page 2, lines 6 and 7, strike ‘‘the proba- Mr. SPECTER)) to the bill S. 1348, to witnesses and, most importantly, the ad- tionary benefits conferred by Section provide for comprehensive immigration vanced age of those affected by the United 601(h),’’ reform and for other purposes; as fol- States Government’s policies. Many who suf- lows: SA 1176. Mr. FEINGOLD (for himself, fered have already passed away and will never know of this effort. Strike subsections (a) through (c) of sec- Mr. LIEBERMAN, and Mr. INOUYE) sub- tion 276 of the Immigration and Nationality SEC. ll03. DEFINITIONS. mitted an amendment intended to be In this title: Act, as amended by section 207 of this Act, proposed by him to the bill S. 1348, to and insert the following: (1) DURING WORLD WAR II.—The term ‘‘dur- ‘‘(a) REENTRY AFTER REMOVAL.—Any alien provide for comprehensive immigration ing World War II’’ refers to the period be- who has been denied admission, excluded, de- reform and for other purposes; which tween September 1, 1939, through December ported, or removed, or who has departed the was ordered to lie on the table; as fol- 31, 1948. United States while an order of exclusion, lows: (2) EUROPEAN AMERICANS.— (A) IN GENERAL.—The term ‘‘European deportation, or removal is outstanding, and At the appropriate place, insert the fol- Americans’’ refers to United States citizens subsequently enters, attempts to enter, lowing: crosses the border to, attempts to cross the and resident aliens of European ancestry, in- TITLE ll—STUDY OF WARTIME border to, or is at any time found in the cluding Italian Americans, German Ameri- TREATMENT OF CERTAIN PEOPLE United States, shall be fined under title 18, cans, Hungarian Americans, Romanian United States Code, and imprisoned not less SEC. ll01. SHORT TITLE. Americans, and Bulgarian Americans. than 60 days and not more than 2 years. This title may be cited as the ‘‘Wartime (B) ITALIAN AMERICANS.—The term ‘‘Italian ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.— Treatment Study Act’’. Americans’’ refers to United States citizens Notwithstanding the penalty provided in SEC. ll02. FINDINGS. and resident aliens of Italian ancestry. subsection (a), if an alien described in that Congress makes the following findings: (C) GERMAN AMERICANS.—The term ‘‘Ger- subsection— (1) During World War II, the United States man Americans’’ refers to United States citi- ‘‘(1) was convicted for 3 or more mis- Government deemed as ‘‘enemy aliens’’ more zens and resident aliens of German ancestry. demeanors or a felony before such removal than 600,000 Italian-born and 300,000 German- (3) EUROPEAN LATIN AMERICANS.—The term or departure, the alien shall be fined under born United States resident aliens and their ‘‘European Latin Americans’’ refers to per- title 18, United States Code, and imprisoned families and required them to carry Certifi- sons of European ancestry, including Italian not less than 1 year and not more than 10 cates of Identification and limited their or German ancestry, residing in a Latin years; travel and personal property rights. At that American nation during World War II. ‘‘(2) was convicted for a felony before such time, these groups were the 2 largest foreign- (4) LATIN AMERICAN NATION.—The term removal or departure for which the alien was born groups in the United States. ‘‘Latin American nation’’ refers to any na- sentenced to a term of imprisonment of not (2) During World War II, the United States tion in Central America, South America, or less than 30 months, the alien shall be fined Government arrested, interned, or otherwise the Carribean. under such title, and imprisoned not less detained thousands of European Americans, Subtitle A—Commission on Wartime than 2 years and not more than 15 years; some remaining in custody for years after Treatment of European Americans ‘‘(3) was convicted for a felony before such cessation of World War II hostilities, and re- SEC. ll011. ESTABLISHMENT OF COMMISSION removal or departure for which the alien was patriated, exchanged, or deported European ON WARTIME TREATMENT OF EURO- sentenced to a term of imprisonment of not Americans, including American-born chil- PEAN AMERICANS. less than 60 months, the alien shall be fined dren, to European Axis nations, many to be (a) IN GENERAL.—There is established the under such title, and imprisoned not less exchanged for Americans held in those na- Commission on Wartime Treatment of Euro- than 4 years and not more than 20 years; tions. pean Americans (referred to in this subtitle ‘‘(4) was convicted for 3 felonies before (3) Pursuant to a policy coordinated by the as the ‘‘European American Commission’’). such removal or departure, the alien shall be United States with Latin American nations, (b) MEMBERSHIP.—The European American fined under such title, and imprisoned not many European Latin Americans, including Commission shall be composed of 7 members, less than 4 years and not more than 20 years; German and Austrian Jews, were arrested, who shall be appointed not later than 90 days or brought to the United States, and interned. after the date of enactment of this Act as ‘‘(5) was convicted, before such removal or Many were later expatriated, repatriated, or follows: departure, for murder, rape, kidnaping, or a deported to European Axis nations during (1) Three members shall be appointed by felony offense described in chapter 77 (relat- World War II, many to be exchanged for the President. ing to peonage and slavery) or 113B (relating Americans and Latin Americans held in (2) Two members shall be appointed by the to terrorism) of such title, the alien shall be those nations. Speaker of the House of Representatives, in fined under such title, and imprisoned not (4) Millions of European Americans served consultation with the minority leader. less than 5 years and not more than 20 years. in the armed forces and thousands sacrificed (3) Two members shall be appointed by the ‘‘(c) REENTRY AFTER REPEATED REMOVAL.— their lives in defense of the United States. majority leader of the Senate, in consulta- Any alien who has been denied admission, (5) The wartime policies of the United tion with the minority leader. excluded, deported, or removed 3 or more States Government were devastating to the (c) TERMS.—The term of office for members times and thereafter enters, attempts to Italian American and German American shall be for the life of the European Amer- enter, crosses the border to, attempts to communities, individuals, and their families. ican Commission. A vacancy in the European

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6566 CONGRESSIONAL RECORD — SENATE May 23, 2007 American Commission shall not affect its the immediate and long-term effect of such mitted by law, including information col- powers, and shall be filled in the same man- actions, particularly internment, on the lected under the Commission on Wartime ner in which the original appointment was lives of those affected. This review shall in- and Internment of Civilians Act (Public Law made. clude a list of— 96–317; 50 U.S.C. App. 1981 note) and the War- (d) REPRESENTATION.—The European Amer- (A) all temporary detention and long-term time Violation of Italian Americans Civil ican Commission shall include 2 members internment facilities in the United States Liberties Act (Public Law 106–451; 50 U.S.C. representing the interests of Italian Ameri- and Latin American nations that were used App. 1981 note). For purposes of section cans and 2 members representing the inter- to detain or intern European Americans and 552a(b)(9) of title 5, United States Code (com- ests of German Americans. European Latin Americans during World War monly known as the ‘‘Privacy Act of 1974’’), (e) MEETINGS.—The President shall call the II (in this paragraph referred to as ‘‘World the European American Commission shall be first meeting of the European American War II detention facilities’’); deemed to be a committee of jurisdiction. Commission not later than 120 days after the (B) the names of European Americans and SEC. ll014. ADMINISTRATIVE PROVISIONS. date of enactment of this Act. European Latin Americans who died while in The European American Commission is au- (f) QUORUM.—Four members of the Euro- World War II detention facilities and where thorized to— pean American Commission shall constitute they were buried; (1) appoint and fix the compensation of a quorum, but a lesser number may hold (C) the names of children of European such personnel as may be necessary, without hearings. Americans and European Latin Americans regard to the provisions of title 5, United (g) CHAIRMAN.—The European American who were born in World War II detention fa- States Code, governing appointments in the Commission shall elect a Chairman and Vice cilities and where they were born; and competitive service, and without regard to Chairman from among its members. The (D) the nations from which European Latin the provisions of chapter 51 and subchapter term of office of each shall be for the life of Americans were brought to the United III of chapter 53 of such title relating to clas- the European American Commission. States, the ships that transported them to sification and General Schedule pay rates, (h) COMPENSATION.— the United States and their departure and except that the compensation of any em- (1) IN GENERAL.—Members of the European disembarkation ports, the locations where ployee of the Commission may not exceed a American Commission shall serve without rate equivalent to the rate payable under pay. European Americans and European Latin Americans were exchanged for persons held GS–15 of the General Schedule under section (2) REIMBURSEMENT OF EXPENSES.—All 5332 of such title; members of the European American Commis- in European Axis nations, and the ships that transported them to Europe and their depar- (2) obtain the services of experts and con- sion shall be reimbursed for reasonable trav- sultants in accordance with the provisions of el and subsistence, and other reasonable and ture and disembarkation ports. (3) A brief review of the participation by section 3109 of such title; necessary expenses incurred by them in the (3) obtain the detail of any Federal Govern- performance of their duties. European Americans in the United States Armed Forces including the participation of ment employee, and such detail shall be SEC. ll012. DUTIES OF THE EUROPEAN AMER- European Americans whose families were ex- without reimbursement or interruption or ICAN COMMISSION. loss of civil service status or privilege; (a) IN GENERAL.—It shall be the duty of the cluded, interned, repatriated, or exchanged. (4) A recommendation of appropriate rem- (4) enter into agreements with the Admin- European American Commission to review istrator of General Services for procurement the United States Government’s wartime edies, including how civil liberties can be protected during war, or an actual, at- of necessary financial and administrative treatment of European Americans and Euro- services, for which payment shall be made by pean Latin Americans as provided in sub- tempted, or threatened invasion or incur- sion, an assessment of the continued viabil- reimbursement from funds of the Commis- section (b). sion in such amounts as may be agreed upon (b) SCOPE OF REVIEW.—The European ity of the Alien Enemies Acts (50 U.S.C. 21 et seq.), and public education programs related by the Chairman of the Commission and the American Commission’s review shall include Administrator; the following: to the United States Government’s wartime treatment of European Americans and Euro- (5) procure supplies, services, and property (1) A comprehensive review of the facts and by contract in accordance with applicable circumstances surrounding United States pean Latin Americans during World War II. (c) FIELD HEARINGS.—The European Amer- laws and regulations and to the extent or in Government actions during World War II such amounts as are provided in appropria- with respect to European Americans and Eu- ican Commission shall hold public hearings in such cities of the United States as it tion Acts; and ropean Latin Americans pursuant to the (6) enter into contracts with Federal or Alien Enemies Acts (50 U.S.C. 21 et seq.), deems appropriate. (d) REPORT.—The European American Com- State agencies, private firms, institutions, Presidential Proclamations 2526, 2527, 2655, mission shall submit a written report of its and agencies for the conduct of research or 2662, and 2685, Executive Orders 9066 and 9095, findings and recommendations to Congress surveys, the preparation of reports, and and any directive of the United States Gov- not later than 18 months after the date of other activities necessary to the discharge of ernment pursuant to such law, proclama- the first meeting called pursuant to section the duties of the Commission, to the extent tions, or executive orders respecting the reg- ll011(e). or in such amounts as are provided in appro- istration, arrest, exclusion, internment, ex- SEC. ll013. POWERS OF THE EUROPEAN AMER- priation Acts. change, or deportation of European Ameri- ICAN COMMISSION. SEC. ll015. FUNDING. cans and European Latin Americans. This re- (a) IN GENERAL.—The European American Of the amounts authorized to be appro- view shall include an assessment of the un- Commission or, on the authorization of the priated to the Department of Justice, derlying rationale of the United States Gov- Commission, any subcommittee or member $600,000 shall be available to carry out this ernment’s decision to develop related pro- thereof, may, for the purpose of carrying out subtitle. grams and policies, the information the the provisions of this subtitle, hold such SEC. ll016. SUNSET. United States Government received or ac- hearings and sit and act at such times and The European American Commission shall quired suggesting the related programs and places, and request the attendance and testi- terminate 60 days after it submits its report policies were necessary, the perceived ben- mony of such witnesses and the production to Congress. efit of enacting such programs and policies, of such books, records, correspondence, Subtitle B—Commission on Wartime and the immediate and long-term impact of memorandum, papers, and documents as the Treatment of Jewish Refugees such programs and policies on European Commission or such subcommittee or mem- SEC. ll021. ESTABLISHMENT OF COMMISSION Americans and European Latin Americans ber may deem advisable. The European and their communities. ON WARTIME TREATMENT OF JEW- American Commission may request the At- ISH REFUGEES. (2) A comprehensive review of United torney General to invoke the aid of an appro- (a) IN GENERAL.—There is established the States Government action during World War priate United States district court to re- Commission on Wartime Treatment of Jew- II with respect to European Americans and quire, by subpoena or otherwise, such at- ish Refugees (referred to in this subtitle as European Latin Americans pursuant to the tendance, testimony, or production. the ‘‘Jewish Refugee Commission’’). Alien Enemies Acts (50 U.S.C. 21 et seq.), (b) GOVERNMENT INFORMATION AND CO- (b) MEMBERSHIP.—The Jewish Refugee Presidential Proclamations 2526, 2527, 2655, OPERATION.—The European American Com- Commission shall be composed of 7 members, 2662, and 2685, Executive Orders 9066 and 9095, mission may acquire directly from the head who shall be appointed not later than 90 days and any directive of the United States Gov- of any department, agency, independent in- after the date of enactment of this Act as ernment pursuant to such law, proclama- strumentality, or other authority of the ex- follows: tions, or executive orders, including registra- ecutive branch of the Government, available (1) Three members shall be appointed by tion requirements, travel and property re- information that the European American the President. strictions, establishment of restricted areas, Commission considers useful in the dis- (2) Two members shall be appointed by the raids, arrests, internment, exclusion, poli- charge of its duties. All departments, agen- Speaker of the House of Representatives, in cies relating to the families and property cies, and independent instrumentalities, or consultation with the minority leader. that excludees and internees were forced to other authorities of the executive branch of (3) Two members shall be appointed by the abandon, internee employment by American the Government shall cooperate with the Eu- majority leader of the Senate, in consulta- companies (including a list of such compa- ropean American Commission and furnish all tion with the minority leader. nies and the terms and type of employment), information requested by the European (c) TERMS.—The term of office for members exchange, repatriation, and deportation, and American Commission to the extent per- shall be for the life of the Jewish Refugee

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6567 Commission. A vacancy in the Jewish Ref- subpoena or otherwise, such attendance, tes- At the appropriate place, insert the fol- ugee Commission shall not affect its powers, timony, or production. lowing: and shall be filled in the same manner in (b) GOVERNMENT INFORMATION AND CO- SEC. lll. ELIGIBILITY OF AGRICULTURAL AND which the original appointment was made. OPERATION.—The Jewish Refugee Commis- FORESTRY WORKERS FOR CERTAIN (d) REPRESENTATION.—The Jewish Refugee sion may acquire directly from the head of LEGAL ASSISTANCE. Commission shall include 2 members rep- any department, agency, independent instru- Section 305 of the Immigration Reform and resenting the interests of Jewish refugees. mentality, or other authority of the execu- Control Act of 1986 (8 U.S.C. 1101 note; Public (e) MEETINGS.—The President shall call the tive branch of the Government, available in- Law 99–603) is amended— first meeting of the Jewish Refugee Commis- formation that the Jewish Refugee Commis- (1) by striking ‘‘section 101(a)(15)(H)(ii)(a) sion not later than 120 days after the date of sion considers useful in the discharge of its of the Immigration and Nationality Act (8 enactment of this Act. duties. All departments, agencies, and inde- U.S.C. 1101(a)(15)(H)(ii)(a))’’ and inserting (f) QUORUM.—Four members of the Jewish pendent instrumentalities, or other authori- ‘‘subparagraph (H)(ii)(a) or subparagraph (Y) Refugee Commission shall constitute a ties of the executive branch of the Govern- of section 101(a)(15) of the Immigration and quorum, but a lesser number may hold hear- ment shall cooperate with the Jewish Ref- Nationality Act (8 U.S.C. 1101(a)(15))’’; and ings. ugee Commission and furnish all information (2) by inserting ‘‘or forestry’’ after ‘‘agri- requested by the Jewish Refugee Commission (g) CHAIRMAN.—The Jewish Refugee Com- cultural’’. to the extent permitted by law, including in- mission shall elect a Chairman and Vice formation collected as a result of the Com- Chairman from among its members. The SA 1178. Mr. KERRY submitted an mission on Wartime and Internment of Civil- term of office of each shall be for the life of amendment intended to be proposed by ians Act (Public Law 96–317; 50 U.S.C. App. him to the bill S. 1348, to provide for the Jewish Refugee Commission. 1981 note) and the Wartime Violation of (h) COMPENSATION.— Italian Americans Civil Liberties Act (Public comprehensive immigration reform (1) IN GENERAL.—Members of the Jewish Law 106–451; 50 U.S.C. App. 1981 note). For and for other purposes; which was or- Refugee Commission shall serve without pay. purposes of section 552a(b)(9) of title 5, dered to lie on the table; as follows: (2) REIMBURSEMENT OF EXPENSES.—All United States Code (commonly known as the At the appropriate place in title II, insert members of the Jewish Refugee Commission ‘‘Privacy Act of 1974’’), the Jewish Refugee the following: shall be reimbursed for reasonable travel and Commission shall be deemed to be a com- SEC. 2ll. ARREST AND DETENTION OF ALIENS subsistence, and other reasonable and nec- mittee of jurisdiction. UNLAWFULLY PRESENT. essary expenses incurred by them in the per- SEC. ll024. ADMINISTRATIVE PROVISIONS. (a) ARREST PROCEDURES.—Any immigra- formance of their duties. The Jewish Refugee Commission is author- tion enforcement operation by the Depart- SEC. ll022. DUTIES OF THE JEWISH REFUGEE ized to— ment for alleged violations under the Immi- COMMISSION. (1) appoint and fix the compensation of gration and Nationality Act (8 U.S.C. 1101 et (a) IN GENERAL.—It shall be the duty of the such personnel as may be necessary, without seq.), which is reasonably calculated to ap- Jewish Refugee Commission to review the regard to the provisions of title 5, United prehend, or results in the apprehension of, at United States Government’s refusal to allow States Code, governing appointments in the least 50 aliens, shall be carried out according Jewish and other refugees fleeing persecu- competitive service, and without regard to to the following procedures: tion or genocide in Europe entry to the the provisions of chapter 51 and subchapter (1) STATE NOTIFICATION.—The Department United States as provided in subsection (b). III of chapter 53 of such title relating to clas- shall provide State officials with sufficient (b) SCOPE OF REVIEW.—The Jewish Refugee sification and General Schedule pay rates, advance notice of the enforcement operation Commission’s review shall cover the period except that the compensation of any em- to allow State law enforcement officials to between January 1, 1933, through December ployee of the Commission may not exceed a notify the appropriate State social service 31, 1945, and shall include, to the greatest ex- rate equivalent to the rate payable under agencies (referred to in this section as tent practicable, the following: GS–15 of the General Schedule under section ‘‘SSA’’) of— (1) A review of the United States Govern- 5332 of such title; (A) the specific area of the State that will ment’s decision to deny Jewish and other (2) obtain the services of experts and con- be affected; refugees fleeing persecution or genocide sultants in accordance with the provisions of (B) the languages spoken by employees at entry to the United States, including a re- section 3109 of such title; the target worksite; and view of the underlying rationale of the (3) obtain the detail of any Federal Govern- (C) any special needs of the employees. United States Government’s decision to ment employee, and such detail shall be (2) NGO NOTIFICATION.—The Department refuse the Jewish and other refugees entry, without reimbursement or interruption or and the applicable SSA shall determine how the information the United States Govern- loss of civil service status or privilege; appropriate nongovernmental organizations ment received or acquired suggesting such (4) enter into agreements with the Admin- will be notified on the day of the enforce- refusal was necessary, the perceived benefit istrator of General Services for procurement ment action. At the discretion of the SSA, of such refusal, and the impact of such re- of necessary financial and administrative representatives of the nongovernmental or- fusal on the refugees. services, for which payment shall be made by ganization who speak the native language of (2) A review of Federal refugee law and pol- reimbursement from funds of the Commis- the aliens detained in the enforcement ac- icy relating to those fleeing persecution or sion in such amounts as may be agreed upon tion may be permitted to participate with genocide, including recommendations for by the Chairman of the Commission and the SSA officials in interviewing such aliens. making it easier in the future for victims of Administrator; (3) DETERMINATION OF RISK TO RELATIVES.— persecution or genocide to obtain refuge in (5) procure supplies, services, and property The Department shall provide the applicable the United States. by contract in accordance with applicable SSA with unfettered and confidential access (c) FIELD HEARINGS.—The Jewish Refugee laws and regulations and to the extent or in to aliens detained in the enforcement action Commission shall hold public hearings in such amounts as are provided in appropria- to assist in the screening and interviews of such cities of the United States as it deems tion Acts; and aliens to determine whether the detainee, appropriate. (6) enter into contracts with Federal or the detainee’s children, or other vulnerable (d) REPORT.—The Jewish Refugee Commis- State agencies, private firms, institutions, people, including elderly and disabled indi- sion shall submit a written report of its find- and agencies for the conduct of research or viduals, have been placed at risk as a result ings and recommendations to Congress not surveys, the preparation of reports, and of the detainee’s arrest. later than 18 months after the date of the other activities necessary to the discharge of (4) MEDICAL SCREENING.—After SSA offi- first meeting called pursuant to section ll the duties of the Commission, to the extent cials have met with the alien detainees, 021(e). or in such amounts as are provided in appro- qualified medical personnel from the Divi- SEC. ll023. POWERS OF THE JEWISH REFUGEE priation Acts. sion of Immigration Health Services of the COMMISSION. SEC. ll025. FUNDING. Department of Health and Human Services (a) IN GENERAL.—The Jewish Refugee Com- Of the amounts authorized to be appro- shall— mission or, on the authorization of the Com- priated to the Department of Justice, (A) conduct medical screenings of the alien mission, any subcommittee or member $600,000 shall be available to carry out this detainees; and thereof, may, for the purpose of carrying out subtitle. (B) identify and report any medical issues the provisions of this subtitle, hold such SEC. ll026. SUNSET. that might necessitate humanitarian release hearings and sit and act at such times and The Jewish Refugee Commission shall ter- or additional care. places, and request the attendance and testi- minate 60 days after it submits its report to (5) CONSIDERATION OF RECOMMENDATIONS.— mony of such witnesses and the production Congress. The Department shall immediately consider of such books, records, correspondence, Mr. BINGAMAN submitted recommendations made by the applicable memorandum, papers, and documents as the SA 1177. SSA and the Division of Immigration Health Commission or such subcommittee or mem- an amendment intended to be proposed Services about alien detainees who should be ber may deem advisable. The Jewish Refugee by him to the bill S. 1348, to provide for released on humanitarian grounds, including Commission may request the Attorney Gen- comprehensive immigration reform alien detainees who— eral to invoke the aid of an appropriate and for other purposes; which was or- (A) have a medical condition that requires United States district court to require, by dered to lie on the table; as follows: special attention;

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6568 CONGRESSIONAL RECORD — SENATE May 23, 2007 (B) are pregnant women; (4) the Committee on Homeland Security quired, as a condition of submitting or (C) are nursing mothers; of the House of Representatives. granting such application, to file a separate (D) are the sole caretakers of their minor (f) AUTHORIZATION OF APPROPRIATIONS.— motion to reopen, reconsider, or vacate such children or elderly relatives; There are authorized to be appropriated such order. (E) function as the primary contact be- sums as are necessary to carry out this sec- (C) EFFECT OF DECISION.—If the Secretary tween the family and those outside the home tion. grants a request under subparagraph (A), the due to language barriers; Secretary shall cancel the order. If the Sec- (F) are needed to support their spouses in SA 1179. Mr. LAUTENBERG (for him- retary renders a final administrative deci- caring for sick or special needs children; self, Mr. BROWNBACK, Mr. MENENDEZ, sion to deny the request, the order shall be (G) have spouses who are ill or otherwise Mrs. CLINTON, Mr. DODD, Mr. FEINGOLD, effective and enforceable to the same extent unable to be sole caretaker; or Mr. LIEBERMAN, and Mr. SCHUMER) sub- as if the application had not been made. (H) are younger than 18 years of age. mitted an amendment intended to be (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF (6) PUBLICITY.—The Department shall pro- STATUS.—Subject to section ll5, the bene- proposed by him to the bill S. 1348, to fits under subsection (a) shall apply to any vide, and advertise in the mainstream and provide for comprehensive immigration foreign language media, a toll-free number alien who— through which family members of alien de- reform and for other purposes; which (1) was lawfully present in the United tainees may report such relationships to op- was ordered to lie on the table; as fol- States as a nonimmigrant alien under the erators who speak English and the majority lows: immigration laws of the United States on language of the target population of the en- At the end of Title VII, insert the fol- September 10, 2001; forcement operation and will convey such in- lowing: (2) was, on such date, the spouse, child, dependent son, or dependent daughter of an formation to the Department and the appli- Subtitle l—Humanitarian Relief cable SSA. alien who— SEC. ll1. SHORT TITLE. (A) was lawfully present in the United (b) DETENTION PROCEDURES.— This subtitle may be cited as the ‘‘Sep- States as a nonimmigrant under the immi- (1) IN GENERAL.—In order to maximize full tember 11 Family Humanitarian Relief and gration laws of the United States on such and fair visitation by children, immediate Patriotism Act’’. date; and family members, and counsel, an alien SEC. ll2. DEFINITIONS. (B) died as a direct result of a specified ter- should be detained, to the extent space is (a) APPLICATION OF IMMIGRATION AND NA- rorist activity; and available, in facilities within the physical ju- TIONALITY ACT PROVISIONS.—Except as other- (3) was deemed to be a beneficiary of, and risdiction or catchment area of the local wise specifically provided in this subtitle, by, the September 11th Victim Compensation field office of United States Immigration and the definitions used in the Immigration and Fund of 2001 (49 U.S.C. 40101 note). Customs Enforcement. Nationality Act (8 U.S.C. 1101 et seq.), other (c) STAY OF REMOVAL; WORK AUTHORIZA- (2) RELEASE.— than the definitions applicable exclusively to TION.— (A) IN GENERAL.—Not later than 72 hours of title III of such Act, shall apply in the ad- (1) IN GENERAL.—The Secretary shall estab- an alien’s apprehension, the alien shall be re- ministration of this subtitle. lish a process by which an alien subject to a leased from Department custody, in accord- (b) SPECIFIED TERRORIST ACTIVITY.—In this final order of removal may seek a stay of ance with subparagraph (B), if the alien— subtitle, the term ‘‘specified terrorist activ- such order based on the filing of an applica- (i) is not subject to mandatory detention ity’’ means any terrorist activity conducted tion under subsection (a). under section 235(1)(B)(iii)(IV), 236(c), or 236A against the Government or the people of the (2) DURING CERTAIN PROCEEDINGS.—Not- of the Immigration and Nationality Act (8 United States on September 11, 2001. withstanding any provision of the Immigra- U.S.C. 1225(1)(B)(iii)(IV), 1226(c), and 1226a); SEC. ll3. ADJUSTMENT OF STATUS FOR CER- tion and Nationality Act (8 U.S.C. 1101 et (ii) does not pose an immediate flight risk; TAIN VICTIMS OF TERRORISM. seq.), the Secretary may not order any alien and (a) ADJUSTMENT OF STATUS.— to be removed from the United States, if the (iii) meets any of the criteria set forth in (1) IN GENERAL.—The Secretary shall adjust alien is in removal proceedings under any subsection (a)(5). the status of any alien described in sub- provision of such Act and has applied for ad- (B) TYPE OF RELEASE.—An alien shall be re- section (b) to that of an alien lawfully adjustment of status under subsection (a), un- leased under this paragraph— mitted for permanent residence, if the less the Secretary has rendered a final ad- (i) on the alien’s own recognizance; alien— ministrative determination to deny the ap- (ii) by posting a minimum bond under sec- (A) applies for such adjustment not later plication. tion 236(a) of the Immigration and Nation- than 2 years after the date on which the Sec- (3) WORK AUTHORIZATION.—The Secretary ality Act (8 U.S.C. 1226(a)); retary establishes procedures to implement shall authorize an alien who was deemed to (iii) on parole in accordance with section this section; and be a beneficiary of, and by, the September 212(d)(5)(A) of such Act (8 U.S.C. (B) is otherwise admissible to the United 11th Victim Compensation Fund of 2001 (49 1182(d)(5)(A)); or States for permanent residence, except in de- U.S.C. 40101 note), and who has applied for (iv) through the Intensive Supervision Ap- termining such admissibility the grounds for adjustment of status under subsection (a) to pearance Program or another comparable al- inadmissibility specified in paragraphs (4), engage in employment in the United States ternative to detention program. (5), (6)(A), (7)(A), and (9)(B) of section 212(a) during the pendency of such application. (c) LEGAL ORIENTATION PRESENTATIONS.— of the Immigration and Nationality Act (8 (d) AVAILABILITY OF ADMINISTRATIVE RE- Any alien arrested in an immigration en- U.S.C. 1182(a)) shall not apply. VIEW.—The Secretary shall provide to appli- forcement operation that is reasonably cal- (2) RULES IN APPLYING CERTAIN PROVI- cants for adjustment of status under sub- culated to apprehend, or results in the appre- SIONS.— section (a) the same right to, and procedures for, administrative review as are provided hension of, at least 50 aliens shall have ac- (A) IN GENERAL.—In the case of an alien de- cess to legal orientation presentations pro- scribed in subsection (b) who is applying for to— vided by independent, nongovernmental adjustment of status under this section— (1) applicants for adjustment of status agencies through the Legal Orientation Pro- (i) the provisions of section 241(a)(5) of the under section 245 of the Immigration and Na- gram administered by the Executive Office Immigration and Nationality Act (8 U.S.C. tionality Act (8 U.S.C. 1255); or for Immigration Review. 1231(a)(5)) shall not apply; and (2) aliens subject to removal proceedings (d) REGULATIONS CONCERNING THE TREAT- (ii) the Secretary may grant the alien a under section 240 of such Act (8 U.S.C. 1229a). MENT OF ALIENS IN A VULNERABLE POPU- waiver on the grounds of inadmissibility SEC. ll4. CANCELLATION OF REMOVAL FOR CERTAIN IMMIGRANT VICTIMS OF LATION IN THE UNITED STATES.—Not later under subparagraphs (A) and (C) of section TERRORISM. than 6 months after the date of the enact- 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). (a) IN GENERAL.—Subject to the provisions ment of this Act, the Secretary shall pro- (B) STANDARDS.—In granting waivers under of the Immigration and Nationality Act (8 mulgate regulations to implement this sec- subparagraph (A)(ii), the Secretary shall use U.S.C. 1101 et seq.) (other than subsections tion, in accordance with the notice and com- standards used in granting consent under (b)(1), (d)(1), and (e) of section 240A of such ment requirements under subchapter II of subparagraphs (A)(iii) and (C)(ii) of such sec- Act (8 U.S.C. 1229b)) and section ll5 of this chapter 5 of title 5, United States Code (com- tion 212(a)(9). Act, the Secretary shall, under such section monly referred to as the Administrative Pro- (3) RELATIONSHIP OF APPLICATION TO CER- 240A, cancel the removal of, and adjust to cedure Act). TAIN ORDERS.— the status of an alien lawfully admitted for (e) REPORT TO CONGRESS.—The Secretary (A) APPLICATION PERMITTED.—An alien who permanent residence, an alien described in shall submit an annual report that describes is present in the United States and has been subsection (b), if the alien applies for such all the actions taken by the Department to ordered excluded, deported, removed, or or- relief. implement this section to— dered to depart voluntarily from the United (b) ALIENS ELIGIBLE FOR CANCELLATION OF (1) the Committee on the Judiciary of the States under any provision of the Immigra- REMOVAL.—The benefits provided by sub- Senate; tion and Nationality Act (8 U.S.C. 1101 et section (a) shall apply to any alien who— (2) the Committee on the Judiciary of the seq.) may apply for adjustment of status (1) was, on September 10, 2001, the spouse, House of Representatives; under paragraph (1). child, dependent son, or dependent daughter (3) the Committee on Homeland Security (B) MOTION NOT REQUIRED.—An alien de- of an alien who died as a direct result of a and Governmental Affairs of the Senate; and scribed in subparagraph (A) may not be re- specified terrorist activity; and

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6569 (2) was deemed to be a beneficiary of, and sive immigration reform and for other (A) investigating and preventing the entry by, the September 11th Victim Compensation purposes; which was ordered to lie on of terrorists, other unlawful aliens, instru- Fund of 2001 (49 U.S.C. 40101 note). the table; as follows: ments of terrorism, narcotics, and other con- (c) STAY OF REMOVAL; WORK AUTHORIZA- traband into the United States; and In section 616, strike subsection (a) and in- TION.— (B) carrying out such other duties as the sert the following: N GENERAL (1) I .—The Secretary shall estab- (a) RESTORATION OF STATE OPTION TO DE- Secretary determines to be necessary. lish a process to provide for an alien subject TERMINE RESIDENCY FOR PURPOSES OF HIGHER (4) AUTHORIZATION OF APPROPRIATIONS.— to a final order of removal to seek a stay of EDUCATION BENEFITS.— There are authorized to be appropriated to such order based on the filing of an applica- (1) IN GENERAL.—Section 505 of the Illegal carry out this subsection such sums as are tion under subsection (a). Immigration Reform and Immigrant Respon- necessary for each of fiscal years 2008 (2) WORK AUTHORIZATION.—The Secretary sibility Act of 1996 (8 U.S.C. 1623) is repealed. through 2013. shall authorize an alien who was deemed to (2) EFFECTIVE DATE.—The repeal under be a beneficiary of, and by, the September paragraph (1) shall take effect as if included SA 1183. Mrs. CLINTON (for herself, 11th Victim Compensation Fund of 2001 (49 in the enactment of the Illegal Immigration Mr. HAGEL, and Mr. MENENDEZ) sub- U.S.C. 40101 note), and who has applied for Reform and Immigrant Responsibility Act of mitted an amendment intended to be cancellation of removal under subsection (a) 1996 (division C of Public Law 104–208; 110 proposed by her to the bill S. 1348, to to engage in employment in the United Stat. 3009–546). States during the pendency of such applica- provide for comprehensive immigration tion. SA 1181. Mr. DORGAN (for himself reform and for other purposes; which (d) MOTIONS TO REOPEN REMOVAL PRO- and Mrs. BOXER) submitted an amend- was ordered to lie on the table; as fol- CEEDINGS.— ment intended to be proposed by him lows: (1) IN GENERAL.—Notwithstanding any lim- to the bill S. 1348, to provide for com- On page 238, line 13, strike ‘‘567,000’’ and in- itation imposed by law on motions to reopen prehensive immigration reform and for sert ‘‘480,000’’. removal proceedings (except limitations pre- other purposes; which was ordered to On page 238, line 19, strike ‘‘127,000’’ and in- mised on an alien’s conviction of an aggra- sert ‘‘40,000’’. vated felony (as defined in section 101(a)(43) lie on the table; as follows: At the end of section 401, add the fol- On page 247, line 1, insert ‘‘or the child or of the Immigration and Nationality Act (8 spouse of an alien lawfully admitted for per- U.S.C. 1101(a)(43))), any alien who has become lowing: (d) SUNSET OF Y–1 VISA PROGRAM.— manent residence’’ after ‘‘United States’’. eligible for cancellation of removal as a re- On page 247, line 5, insert ‘‘or lawful per- sult of the enactment of this section may file (1) SUNSET.—Notwithstanding any other provision of this Act, or any amendment manent resident’’ after ‘‘citizen’’. 1 motion to reopen removal proceedings to On page 247, line 6, insert ‘‘or lawful per- apply for such relief. made by this Act, no alien may be issued a new visa as a Y–1 nonimmigrant (as defined manent resident’’ after ‘‘citizen’’. (2) FILING PERIOD.—The Secretary shall On page 247, line 6, insert ‘‘or lawful per- designate a specific time period in which all in section 218B of the Immigration and Na- tionality Act, as added by section 403) after manent resident’s’’ after ‘‘citizen’s’’. such motions to reopen are required to be On page 247, line 7, insert ‘‘or lawful per- filed. The period shall begin not later than 60 the date that is 5 years after the date that the first such visa is issued. manent resident’’ after ‘‘citizen’’. days after the date of the enactment of this On page 247, line 8, insert ‘‘or lawful per- Act and shall extend for a period not to ex- (2) CONSTRUCTION.—Nothing in paragraph (1) may be construed to affect issuance of manent resident’s’’ after ‘‘citizen’s’’. ceed 240 days. visas to Y–2B nonimmigrants (as defined in On page 247, line 9, insert ‘‘or lawful per- SEC. ll5. EXCEPTIONS. such section 218B), under the AgJOBS Act of manent resident’s’’ after ‘‘citizen’s’’. Notwithstanding any other provision of 2007, as added by subtitle C, or any visa pro- On page 247, line 15, insert ‘‘or lawful per- this subtitle, an alien may not be provided gram other than the Y–1 visa program. manent resident’s’’ after ‘‘citizen’s’’. relief under this subtitle if the alien is— On page 247, line 24, insert ‘‘or lawful per- (1) inadmissible under paragraph (2) or (3) SA 1182. Mr. THOMAS submitted an manent resident’’ after ‘‘citizen’’. of section 212(a) of the Immigration and Na- amendment intended to be proposed to On page 248, strike lines 2 through 11. tionality Act (8 U.S.C. 1182(a)), or deportable amendment SA 1150 proposed by Mr. On page 248, line 13, strike the first ‘‘(3)’’ under paragraph (2) or (4) of section 237(a) of and insert ‘‘(2)’’. such Act (8 U.S.C. 1227(a)), including any in- REID (for Mr. KENNEDY (for himself and On page 249, line 1, strike ‘‘(4)’’ and insert dividual culpable for a specified terrorist ac- Mr. SPECTER)) to the bill S. 1348, to ‘‘(3)’’. tivity; or provide for comprehensive immigration On page 250, between lines 42 and 43, insert (2) a family member of an alien described reform and for other purposes; which the following: in paragraph (1). was ordered to lie on the table; as fol- (5) RULES FOR DETERMINING WHETHER CER- SEC. ll6. EVIDENCE OF DEATH. lows: TAIN ALIENS ARE IMMEDIATE RELATIVES.—Sec- For purposes of this subtitle, the Secretary At the end of section 101 of the amend- tion 201(f) of the Immigration and Nation- shall use the standards established under ment, insert the following: ality Act (8 U.S.C. 1151(f)) is amended— section 426 of the Uniting and Strengthening (c) SHADOW WOLVES APPREHENSION AND (A) in paragraph (1)— America by Providing Appropriate Tools Re- TRACKING.— (i) by striking ‘‘paragraphs (2) and (3),’’ and quired to Intercept and Obstruct Terrorism (1) PURPOSE.—The purpose of this sub- inserting ‘‘paragraph (2),’’; and (USA PATRIOT Act) Act of 2001 (115 Stat. section is to authorize the Secretary, acting (ii) by striking ‘‘(b)(2)(A)(i)’’ and inserting 362) in determining whether death occurred through the Assistant Secretary of Immigra- ‘‘(b)(2)’’; as a direct result of a specified terrorist action and Customs Enforcement (referred to (B) by striking paragraph (2); tivity. in this subsection as the ‘‘Secretary’’), to es- (C) by redesignating paragraph (3) as para- SEC. ll7. AUTHORITY OF THE ATTORNEY GEN- tablish new units of Customs Patrol Officers graph (2); and ERAL. (commonly known as ‘‘Shadow Wolves’’) dur- (D) in paragraph (2), as so redesignated, by The requirements and authorities under ing the 5-year period beginning on the date striking ‘‘(b)(2)(A)’’ and inserting ‘‘(b)(2)’’. this subtitle pertaining to the Secretary, of enactment of this Act. (6) NUMERICAL LIMITATION TO ANY SINGLE other than the authority to grant work au- (2) ESTABLISHMENT OF NEW UNITS.— FOREIGN STATE.—Section 202 of the Immigra- thorization, shall apply to the Attorney Gen- (A) IN GENERAL.—During the 5-year period tion and Nationality Act (8 U.S.C. 1152) is eral with respect to cases otherwise within beginning on the date of enactment of this amended— the jurisdiction of the Executive Office for Act, the Secretary is authorized to establish (A) by striking paragraph (4); and Immigration Review. within United States Immigration and Cus- (B) by redesignating paragraph (5) as para- toms Enforcement up to 5 additional units of graph (4). SEC. ll8. PROCESS FOR IMPLEMENTATION. Customs Patrol Officers in accordance with (7) ALLOCATION OF IMMIGRATION VISAS.— The Secretary and the Attorney General— this subsection, as appropriate. Section 203(h) of the Immigration and Na- (1) shall carry out this subtitle as expedi- (B) MEMBERSHIP.—Each new unit estab- tionality Act (8 U.S.C. 1153(h)) is amended— tiously as possible; lished pursuant to subparagraph (A) shall (A) in paragraph (1)— (2) are not required to promulgate regula- consist of up to 15 Customs Patrol Officers. (i) in the matter preceding subparagraph tions before implementing this subtitle; and (3) DUTIES.—The additional Immigration (A), by striking ‘‘subsections (a)(2)(A) and (3) shall promulgate procedures to imple- and Customs Enforcement units established (d)’’ and inserting ‘‘subsection (d)’’; ment this subtitle not later than 180 days pursuant to paragraph (2)(A) shall operate on (ii) in subparagraph (A), by striking ‘‘be- after the date of the enactment of this sub- Indian reservations (as defined in section 3 of comes available for such alien (or, in the title. the Indian Financing Act of 1974 (25 U.S.C. case of subsection (d), the date on which an 1452)) located on or near (as determined by immigrant visa number became available for SA 1180. Mr. HAGEL (for himself and the Secretary) an international border with the alien’s parent)’’, and inserting ‘‘became Mr. DURBIN) submitted an amendment Canada or Mexico, and such other Federal available for the alien’s parent,’’; and intended to be proposed by him to the land as the Secretary determines to be ap- (iii) in subparagraph (B), by striking ‘‘ap- bill S. 1348, to provide for comprehen- propriate, by— plicable’’;

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(B) in paragraph (2), by striking ‘‘The peti- (B) by adding at the end the following new ‘‘(L) CRIMES OF DOMESTIC VIOLENCE, STALK- tion’’ and all that follows through the period clauses: ING, OR VIOLATION OF PROTECTION ORDERS; and inserting ‘‘The petition described in this ‘‘(iv) section 2250 of title 18, United States CRIMES AGAINST CHILDREN.— paragraph is a petition filed under section Code (relating to failure to register as a sex ‘‘(i) DOMESTIC VIOLENCE, STALKING, AND 204 for classification of the alien parent offender); or CHILD ABUSE.—Any alien who at any time is under subsection (a) or (b).’’; and ‘‘(v) section 521(d) of title 18, United States convicted of, or who admits having com- (C) in paragraph (3), by striking ‘‘sub- Code ( relating to penalties for offenses committed or admits committing acts which sections (a)(2)(A) and (d)’’ and inserting mitted by criminal street gangs);’’; and constitute the essential elements of, a crime ‘‘subsection (d)’’. (7) by amending subparagraph (F) to read of domestic violence, a crime of stalking, or (8) PROCEDURE FOR GRANTING IMMIGRANT as follows: a crime of child abuse, child neglect, or child STATUS.—Section 204 of the Immigration and ‘‘(F) either— abandonment is inadmissible. For purposes Nationality Act (8 U.S.C. 1154) is amended— ‘‘(i) a crime of violence (as defined in sec- of this clause, the term ‘crime of domestic (A) in subsection (a)(1)— tion 16 of title 18, United States Code, but violence’ means any crime of violence (as de- (i) in subparagraph (A)— not including a purely political offense), or fined in section 16 of title 18, United States (I) in clause (iii)— ‘‘(ii) a third conviction for driving while Code) against a person committed by a cur- (aa) by inserting ‘‘or legal permanent resi- intoxicated ( including a third conviction for rent or former spouse of the person, by an in- dent’’ after ‘‘citizen’’ each place that term driving while under the influence or im- dividual with whom the person shares a child appears; and paired by alcohol or drugs), without regard in common, by an individual who is cohab- (bb) in subclause (II)(aa)(CC)(bbb), by in- to whether the conviction is classified as a iting with or has cohabited with the person serting ‘‘or legal permanent resident’’ after misdemeanor or felony under State law, as a spouse, by an individual similarly situ- ‘‘citizenship’’; for which the term of imprisonment is at ated to a spouse of the person under the do- (II) in clause (iv)— least one year;’’. mestic or family violence laws of the juris- (aa) by inserting ‘‘or legal permanent resi- (b) EFFECTIVE DATE.—The amendments diction where the offense occurs, or by any dent’’ after ‘‘citizen’’ each place that term made by this section shall— other individual against a person who is pro- appears; and (1) take effect on the date of the enactment tected from that individual’s acts under the (bb) by inserting ‘‘or legal permanent resi- of this Act; and domestic or family violence laws of the dent’’ after ‘‘citizenship’’; (2) apply to any act that occurred before, United States or any State, Indian tribal (III) in clause (v)(I), by inserting ‘‘or legal on, or after such date of enactment. government, or unit of local or foreign gov- permanent resident’’ after ‘‘citizen’’; and In title II, insert after section 203 the fol- ernment. IOLATORS OF PROTECTION ORDERS.— (IV) in clause (vi)— lowing: ‘‘(ii) V (aa) by inserting ‘‘or legal permanent resi- Any alien who at any time is enjoined under dent status’’ after ‘‘renunciation of citizen- SEC. 204. TERRORIST BAR TO GOOD MORAL a protection order issued by a court and CHARACTER. ship’’; and whom the court determines has engaged in (bb) by inserting ‘‘or legal permanent resi- (a) DEFINITION OF GOOD MORAL CHAR- conduct that violates the portion of a protec- dent’’ after ‘‘abuser’s citizenship’’; ACTER.—Section 101(f) (8 U.S.C. 1101(f)) is tion order that involves protection against (ii) by striking subparagraph (B); amended by inserting after paragraph (1) the credible threats of violence, repeated harass- (iii) by redesignating subparagraphs (C) following: ment, or bodily injury to the person or per- through (J) as subparagraphs (B) through (I), ‘‘(2) one who the Secretary of Homeland sons for whom the protection order was respectively; Security or the Attorney General deter- issued is inadmissible. For purposes of this (iv) in subparagraph (B), as so redesig- mines, in the unreviewable discretion of the clause, the term ‘protection order’ means nated, by striking ‘‘subparagraph (A)(iii), Secretary or the Attorney General, to have any injunction issued for the purpose of pre- (A)(iv), (B)(ii), or (B)(iii)’’ and inserting been at any time an alien described in sec- venting violent or threatening acts of domes- ‘‘clause (iii) or (iv) of subparagraph (A)’’; and tion 212(a)(3) or 237(a)(4), which determina- tic violence, including temporary or final or- (v) in subparagraph (I), as so redesig- tion— ders issued by civil or criminal courts (other nated— ‘‘(A) may be based upon any relevant infor- than support or child custody orders or pro- (I) by striking ‘‘or clause (ii) or (iii) of sub- mation or evidence, including classified, sen- visions) whether obtained by filing an inde- paragraph (B)’’; and sitive, or national security information; and pendent action or as a independent order in (II) by striking ‘‘under subparagraphs (C) ‘‘(B) shall be binding upon any court re- another proceeding.’’; and and (D)’’ and inserting ‘‘under subparagraphs gardless of the applicable standard of re- (2) in subsection (h)— (B) and (C)’’; view;’’. (A) by striking ‘‘The Attorney General (B) by striking subsection (a)(2); (b) EFFECTIVE DATE.—The amendment may, in his discretion, waive the application (C) in subsection (h), by striking ‘‘or a pe- made by this section shall take effect on the of subparagraphs (A)(i)(I), (B), (D), and (E) of tition filed under subsection (a)(1)(B)(ii)’’; date of the enactment of this Act and shall subsection (a)(2)’’ and inserting ‘‘The Attor- and apply to— ney General or the Secretary of Homeland (D) in subsection (j), by striking ‘‘sub- (1) any act that occurred before, on, or Security may, in his discretion, waive the section (a)(1)(D)’’ and inserting ‘‘subsection after the date of the enactment of this Act, application of subparagraphs (A)(i)(I), (III), (a)(1)(C)’’. and (B), (D), (E), (J), and (L) of subsection (a)(2)’’; (2) any application for naturalization or (B) by striking ‘‘if either since the date of SA 1184. Mr. CORNYN (for himself, any other benefit or relief, or any other case such admission the alien has been convicted Mr. NELSON of Nebraska, and Mr. or matter under the immigration laws, pend- of an aggravated felony or the alien’’ in the DEMINT) proposed an amendment to ing on or filed after the date of enactment of next to last sentence and inserting ‘‘if since amendment SA 1150 proposed by Mr. this Act. the date of such admission the alien’’; and REID (for Mr. KENNEDY (for himself and SEC. 204A. PRECLUDING ADMISSIBILITY OF (C) by inserting ‘‘or Secretary of Homeland ALIENS CONVICTED OF AGGRA- Security’’ after ‘‘the Attorney General’’ each Mr. SPECTER)) to the bill S. 1348, to VATED FELONIES OR OTHER SERI- place it appears. provide for comprehensive immigration OUS OFFENSES. (b) DEPORTABILITY FOR CRIMINAL OFFENSES reform and for other purposes; as fol- (a) INADMISSIBILITY ON CRIMINAL AND RE- INVOLVING IDENTIFICATION.—Section 237(a)(2) lows: LATED GROUNDS; WAIVERS.—Section 212 (8 (8 U.S.C. 1227(a)(2)) is amended by adding On page 47, line 25, insert ‘‘, even if the U.S.C. 1182) is amended— after subparagraph (E) the following new length of the term of imprisonment for the (1) by adding at the end of subsection (a)(2) subparagraph: offense is based on recidivist or other en- the following new subparagraphs: ‘‘(F) CRIMINAL OFFENSES INVOLVING IDENTI- hancements,’’ after ‘‘15 years’’. ‘‘(J) CERTAIN FIREARM OFFENSES.—Any FICATION.—An alien shall be considered to be On page 47, beginning with line 34, strike alien who at any time has been convicted deportable if the alien has been convicted of all through page 48, line 10, and insert: under any law of, or who admits having com- a violation of (or a conspiracy or attempt to (3) in subparagraph (N), by striking ‘‘para- mitted or admits committing acts which violate) an offense described in section 208 of graph (1)(A) or (2) of’’; constitute the essential elements of, pur- the Social Security Act (42 U.S.C. 408) (relat- (4) in subparagraph (O), by striking ‘‘sec- chasing, selling, offering for sale, exchanging to social security account numbers or so- tion 275(a) or 276 committed by an alien who ing, using, owning, possessing, or carrying, cial security cards) or section 1028 of title 18, was previously deported on the basis of a or of attempting or conspiring to purchase, United States Code (relating to fraud and re- conviction for an offense described in an- sell, offer for sale, exchange, use, own, pos- lated activity in connection with identifica- other subparagraph of this paragraph’’ and sess, or carry, any weapon, part, or accessory tion).’’. inserting ‘‘section 275 or 276 for which the which is a firearm or destructive device (as (c) EFFECTIVE DATE.—The amendments term of imprisonment is at least 1 year’’; defined in section 921(a) of title 18, United made by this section shall apply to— (5) by striking the undesignated matter States Code) in violation of any law is inad- (1) any act that occurred before, on, or following subparagraph (U); missible. after the date of enactment, and (6) in subparagraph (E)— ‘‘(K) AGGRAVATED FELONS.—Any alien who (2) to all aliens who are required to estab- (A) in clause (ii), by inserting ‘‘,(c),’’ after has been convicted of an aggravated felony lish admissibility on or after the date of en- ‘‘924(b)’’ and by striking ‘‘or’’ at the end, and at any time is inadmissible. actment of this section, and in all removal,

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6571 deportation, or exclusion proceedings that the Occupational Safety and Health Act of (3) the name, Social Security number, and are filed, pending, or reopened, on or after 1970 (29 U.S.C. 651 et seq.), in geographic and date of birth of each alien whose authority such date. occupational areas in which a high percent- to engage in employment in the United (d) CONSTRUCTION.—The amendments made age of workers who are Y nonimmigrants States expires without renewal, is revoked by subsection (a) shall not be construed to will be working. by the Secretary, or otherwise ceases to be create eligibility for relief from removal In section 1(c), strike ‘‘(a)(1)–(5)’’ and in- authorized to engage in employment in the under former section 212(c) of the Immigra- sert ‘‘(a)(1)–(6)’’. United States, and tion and Nationality Act if such eligibility (4) the effective date of such expiration, did not exist before the amendments became SA 1186. Mr. AKAKA (for himself, Mr. revocation, or other cessation. effective. REID, Mr. DURBIN, Mr. INOUYE, Mrs. (b) TIME OF SUBMISSION.—The information On page 48, line 36, insert ‘‘including a vio- BOXER, Mrs. MURRAY, and Ms. CANT- described in subsection (a) shall be sub- lation of section 924 (c) or (h) of title 18, WELL) proposed an amendment to mitted to the Commissioner after any review United States Code,’’ after ‘‘explosives’’. amendment SA 1150 proposed by Mr. or appeal under procedures established by On page 49, lines 7 and 8, strike ‘‘, which is the Secretary. REID (for Mr. KENNEDY (for himself and punishable by a sentence of imprisonment of (c) ADMINISTRATIVE REVIEW.—The informa- five years or more’’. Mr. SPECTER)) to the bill S. 1348, to tion submitted pursuant to subsection (a) On page 49, beginning with line 44, through provide for comprehensive immigration shall be the final determination of the Sec- page 50, line 2, strike ‘‘Unless the Secretary reform and for other purposes; as fol- retary and is not subsequently reviewable by of Homeland Security or the Attorney Gen- lows: the Commissioner. eral waives the application of this subpara- At the appropriate place, insert the fol- (d) STORAGE OF INFORMATION.—The Com- graph, any’’ and insert ‘‘Any’’. lowing: missioner shall electronically store the in- On page 50, lines 20 through 22, strike ‘‘The formation received pursuant to subsection SEC. l. EXEMPTION FROM IMMIGRANT VISA Secretary of Homeland Security or the At- LIMIT. (a) in a format that facilitates the calcula- torney General may in his discretion waive Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is tion adjustment described in subsection (e). this subparagraph.’’. amended by inserting after subparagraph (e) EFFECT ON SOCIAL SECURITY BENEFITS.— On page 282, strike lines 32 through 38, and (G), as added by section 503 of this Act, the In calculating benefits under title II of the insert: following: Social Security Act (42 U.S.C. 401 et seq.), (A) is inadmissible to the United States ‘‘(H) Aliens who are eligible for a visa the Social Security Administration shall not under section 212(a) of the Act (8 U.S.C. under paragraph (1) or (3) of section 203(a) count, as a quarter of coverage (as defined in 1182(a)); and who have a parent who was naturalized section 213(a)(2)(A) of such Act (42 U.S.C. On page 284, strike lines 1 through 7, and pursuant to section 405 of the Immigration 413(a)(2)(A)), any quarter after the effective insert: Act of 1990 (8 U.S.C. 1440 note).’’. date of this section during which the indi- (I) is an alien who is described in or subject vidual, if not a citizen or national of the to section 237(a)(2)(A)(iii), (iv) or (v) of the SA 1187. Mr. ALLARD submitted an United States, was not identified by the Sec- Act (8 U.S.C. 1227(a)(2)(A)(iii), (iv) or (v)), ex- amendment intended to be proposed by retary pursuant to subsection (a) as an alien authorized to engage in employment in the cept if the alien has been granted a full and him to the bill S. 1348, to provide for unconditional pardon by the President of the United States. United States of the Governor of any of the comprehensive immigration reform (f) EFFECTIVE DATE.—This section shall be several States, as provided in section and for other purposes; which was or- effective with respect to determinations 237(a)(2)(A)(vi) of the Act (8 U.S.C. dered to lie on the table; as follows: made by the Secretary with regard to au- 1227(a)(2)(A)(vi); At the appropriate place in title VI, insert thority to engage in employment in the (J) is an alien who is described in or sub- the following: United States beginning 1 year after the date ject to section 237(a)(4) of the Act (8 U.S.C. SEC. 6ll. MANDATORY DISCLOSURE. of the enactment of this Act. 1227(a)(4); and (a) IN GENERAL.—An alien may not be (K) is an alien who is described in or sub- granted Z nonimmigrant status under this SA 1189. Mr. ALLARD submitted an ject to section 237(a)(3)(C) of the Act (8 title unless the alien fully discloses to the amendment intended to be proposed by U.S.C. 1227(a)(3)(C)), except if the alien is ap- Secretary all the names and Social Security him to the bill S. 1348, to provide for proved for a waiver as authorized under sec- account numbers that the alien has ever comprehensive immigration reform tion 237 (a)(3)(C)(ii) of the Act (8 U.S.C. used to obtain employment in the United and for other purposes; which was or- 1227(a)(3)(C)(ii)). States. dered to lie on the table; as follows: On page 284, line 21, strike ‘‘(9)(C)(i)(I),’’. (b) ENFORCEMENT.—If the Secretary deter- In section 203(b)(1)(A) of the Immigration On page 284, line 41, strike ‘‘section mines that a Z nonimmigrant has not com- and Nationality Act (8 U.S.C. 1153(b)(1)(A)), 212(a)(9)(C)(i)(II)’’ and insert ‘‘section plied with the requirement under subsection as amended by section 502, in the table in 212(a)(9)(C)’’. (a), the Secretary shall revoke the alien’s Z that section, strike the items relating to the On page 285, between lines 2 and 3, insert: nonimmigrant status. Supplemental schedule for Zs. (VII) section 212(a)(6)(E) of the Act (8 (c) NOTIFICATION OF RIGHTFUL ASSIGNEES.— U.S.C. 1182(a)(6)(E)), except if the alien is ap- The Secretary may disclose information re- f proved for a waiver as authorized under sec- ceived from aliens pursuant to a disclosure AUTHORITY FOR COMMITTEES TO tion 212(d)(11) of the Act (8 U.S.C. 1182(d)(11)); under subsection (a) to any Federal or State MEET or agency authorized to collect such informa- (VIII) section 212(a)(9)(A) of the Act (8 tion to enable such agency to notify each COMMITTEE ON ARMED SERVICES U.S.C. 1182(a)(9)(A)). named individual or rightful assignee of the Mr. KENNEDY. Mr. President, I ask On page 286, between lines 6 and 7, insert: Social Security account number of the unanimous consent that the Com- (5) GOOD MORAL CHARACTER.—The alien alien’s misuse of such name or number to ob- mittee on Armed Services be author- must establish that he or she is a person of tain employment. good moral character ( within the meaning ized to meet during the sessions of the of section 101(f) of the Act (8 U.S.C. 1101(f)) SA 1188. Mr. ALLARD submitted an Senate on Wednesday, May 23, 2007 at during the past three years and continue to amendment intended to be proposed by 2:30 p.m. in closed session to mark up be a person of such good moral character. him to the bill S. 1348, to provide for the national defense authorization act comprehensive immigration reform for fiscal year 2008. SA 1185. Mr. OBAMA submitted an and for other purposes; which was or- The PRESIDING OFFICER. Without amendment intended to be proposed by dered to lie on the table; as follows: objection, it is so ordered. him to the bill S. 1348, to provide for COMMITTEE ON COMMERCE, SCIENCE, AND At the appropriate place, insert the fol- comprehensive immigration reform TRANSPORTATION lowing: and for other purposes; which was or- SEC. ll. INFORMATION REGARDING EMPLOY- Mr. KENNEDY. Mr. President I ask dered to lie on the table; as follows: MENT AUTHORIZATION. unanimous consent that the Com- Section 1(a) is amended by adding at the (a) IN GENERAL.—The Secretary shall sub- mittee on Commerce, Science, and end the following: mit to the Commissioner of Social Security, Transportation be authorized to hold a (6) STAFF ENHANCEMENTS FOR THE DEPART- in a format established by the Commissioner hearing during the session of the Sen- MENT OF LABOR.—The Department of Labor and the Secretary— ate on Wednesday, May 23, 2007, at 10:00 has hired at least 250 compliance investiga- (1) the name, Social Security number, and a.m., in room 253 of the Russell Senate tors and attorneys who are dedicated to the date of birth of each alien who the Secretary enforcement of labor standards, including authorizes, or renews or extends such au- Office Building. those contained in sections 218A, 218B, and thorization, to engage in employment in the The purpose of the hearing is to ad- 218C of the Immigration and Nationality Act United States; dress the current moratorium that bars (as added by this Act), the Fair Labor Stand- (2) the date such authority, or renewal or state and local taxes on Internet ac- ards Act of 1938 (29 U.S.C. 201 et seq.), and extension of authority, is granted; cess.

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6572 CONGRESSIONAL RECORD — SENATE May 23, 2007 The PRESIDING OFFICER. Without Watkins, LLP, Washington, DC; PRIVILEGES OF THE FLOOR objection, it is so ordered. Charles J. Ogletree, Jesse Climenko Mr. BINGAMAN. Mr. President, I ask COMMITTEE ON ENERGY AND NATURAL Professor of Law, Harvard Law School, unanimous consent that a staff mem- RESOURCES Cambridge, MA; Kenneth R. Thomas, ber in my office, Lauren Weeth, be Mr. KENNEDY. Mr. President, I ask Congressional Research Service, Wash- granted the privileges of the floor dur- unanimous consent that the Com- ington, DC; Jonathan Turley, Pro- ing the pendency of this bill. mittee on Energy and Natural Re- fessor, George Washington University The PRESIDING OFFICER. Without sources be authorized to hold a busi- Law School, Washington, DC; The Hon- objection, it is so ordered. ness meeting during the session of the orable Patricia Wald, Former Chief Mr. HARKIN. Mr. President, I ask Senate on Wednesday, May 23, 2007, at Judge, United States Court of Appeals unanimous consent that Amy Meyers 11:30 a.m. in room SD–366 of the Dirk- for the District of Columbia Circuit, and Adam Zimmerman of my staff be sen Senate Office Building. Washington, DC. granted floor privileges for the dura- The purpose of the business meeting The PRESIDING OFFICER. Without tion of today’s session. is to consider pending calendar busi- objection, it is so ordered. The PRESIDING OFFICER. Without ness. COMMITTEE ON VETERANS’ AFFAIRS objection, it is so ordered. The PRESIDING OFFICER. Without Mr. KENNEDY. Mr. President, I ask f objection, it is so ordered. unanimous consent for the Committee TRIBUTES TO SENATOR STEVENS COMMITTEE ON FINANCE on Veterans’ Affairs to meet during the Mr. KENNEDY. Mr. President, I ask session of the Senate on Wednesday, Mr. SALAZAR. Mr. President, I ask unanimous consent that the Com- May 23, 2007 to hold a hearing on pend- unanimous consent that the deadline mittee on Finance be authorized to ing health legislation. The hearing will for Senators to submit tributes on Sen- meet during the session of the Senate take place in room 562 of the Dirksen ator STEVENS for the CONGRESSIONAL on Wednesday, May 23, 2007, at 10:00 Senate Office Building beginning at RECORD be extended until close of busi- a.m., in room 215 of the Dirksen Senate 9:30 a.m. ness on Monday, June 4, 2007. Office Building, to hear testimony on The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ‘‘Funding Social Security’s Adminis- objection, it is so ordered. objection, it is so ordered. trative Costs: Will the Budget Meet the f Mission?’’ JOINT ECONIMC COMMUNITTEE The PRESIDING OFFICER. Without Mr. KENNEDY. Mr. President, I ask ORDER FOR STAR PRINT—S. 60 objection, it is so ordered. unanimous consent that the Joint Eco- Mr. SALAZAR. Mr. President, I ask COMMITTEE ON THE JUDICIARY nomic Committee be authorized to con- unanimous consent that S. 60 be star- Mr. KENNEDY. Mr. President, I ask duct a hearing entitled, ‘‘Is Market printed with the changes at the desk. unanimous consent that the Senate Concentration in the U.S. Petroleum The PRESIDING OFFICER. Without Committee on the Judiciary be author- Industry, Harming Consumers?’’, in objection, it is so ordered. Room 215 of the Hart Senate Office ized to meet to conduct a hearing enti- f tled ‘‘Rising Crime in the United Building, Wednesday, May 23, 2007, States: Examining the Federal Role in from 10 a.m. to 12:30 p.m. AUTHORIZING PRINTING OF COM- Helping Communities Prevent and Re- The PRESIDING OFFICER. Without MEMORATIVE DOCUMENT IN spond to Violent Crime’’ on Wednes- objection, it is so ordered. MEMORY OF THE LATE PRESI- day, May 23, 2007 at 9:30 a.m. in Dirksen SECURITY AND INTERNATIONAL TRADE AND DENT GERALD RUDOLPH FORD Senate Office Building Room 226. FINANCE SUBCOMMITTEE Mr. SALAZAR. Mr. President, I ask Mr. KENNEDY. Mr. President, I ask unanimous consent that the Senate Witness list unanimous consent that the Com- now proceed to the consideration of H. Ted Kamatchus, President, National mittee on Banking, Housing, and Con. Res. 128, just received from the Sheriffs Association; Russ Lane, Vice Urban Affairs Subcommittee on Secu- House, and which is at the desk. President, International Association of rity and International Trade and Fi- The PRESIDING OFFICER. The Chiefs of Police; Tom Nee, President, nance be authorized to meet during the clerk will report the concurrent resolu- National Association of Police Organi- session of the Senate on May 23, 2007, tion by title. zations; Douglas Palmer, Mayor of at 2:30 p.m. to conduct a hearing enti- The legislative clerk read as follows: Trenton, NJ, President, United States tled ‘‘U.S. Economic Relations With A concurrent resolution (H. Con. Res. 128) Conference of Mayors, Trenton, NJ; China: Strategies and Options on Ex- authorizing the printing of a commemora- James Alan Fox, Criminologist, North- change Rates and Market Access.’’ tive document in memory of the late Presi- eastern University; Rick Gregory, The PRESIDING OFFICER. Without dent of the United States, Gerald Rudolph Ford. Chief of Police, New Castle, DE. objection, it is so ordered. The PRESIDING OFFICER. Without Mr. KENNEDY. Mr. President, I ask There being no objection, the Senate objection, it is so ordered. unanimous consent that the Select proceeded to consider the concurrent COMMITTEE ON THE JUDICIARY Committee on Intelligence be author- resolution. Mr. KENNEDY. Mr. President, I ask ized to meet during the session of the Mr. SALAZAR. Mr. President, I ask unanimous consent that the Senate Senate on May 23, 2007 at 10:30 a.m. to unanimous consent that the concur- Committee on the Judiciary be author- hold a closed markup. rent resolution be agreed to and the motion to reconsider be laid upon the ized to meet to conduct a hearing enti- The PRESIDING OFFICER. Without table, with no intervening action or de- tled ‘‘Ending Taxation without Rep- objection, it is so ordered. resentation: The Constitutionality of bate. S. 1257’’ on Wednesday, May 23, 2007 at STRATEGIC FORCES SUBCOMMITTEE The PRESIDING OFFICER. Without 1:30 p.m. in Dirksen Senate Office Mr. KENNEDY. Mr. President, I ask objection, it is so ordered. Building Room 226. unanimous consent that the Strategic The concurrent resolution (H. Con. Forces Subcommittee of the Com- Res. 128) was agreed to. Witness list mittee on Armed Services be author- f Panel I: The Honorable Chris Cannon, ized to meet during the session of the United States Representative, R–UT, Senate on Wednesday, May 23, 2007 at CALENDAR Washington, DC; The Honorable Elea- 11:30 a.m., in closed session, to mark up Mr. SALAZAR. Mr. President, I ask nor Holmes Norton, United States Rep- the Strategic Forces Programs and unanimous consent that it be in order resentative, D–DC Delegate, Wash- Provisions contained in the National for the Senate to proceed en bloc to the ington, DC. Defense Authorization Act for fiscal consideration of the following calendar Panel II: Representative from the De- year 2008. items: Calendar No. 161, S. 1352; Cal- partment of Justice, Washington, DC, The PRESIDING OFFICER. Without endar No. 162, H.R. 414; Calendar No. Richard P. Bress, Partner, Latham & objection, it is so ordered. 163, H.R. 437; Calendar No. 164, H.R. 625;

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6573 Calendar No. 165, H.R. 988; and Cal- LIEUTENANT TODD JASON FBI is concerned about it. The Grass- endar No. 166, H.R. 1402. BRYANT POST OFFICE ley amendment would help fix that in a The PRESIDING OFFICER. Without The bill (H.R. 988) to designate the significant way. In any comprehensive objection, it is so ordered. facility of the United States Postal immigration reform, it is my view that Mr. SALAZAR. Mr. President, I ask Service located at 5757 Tilton Avenue should be a part of it. unanimous consent that the bills be in Riverside, California, as the ‘‘Lieu- We have talked about this for a num- read a third time and passed en bloc; tenant Todd Jason Bryant Post Of- ber of years, but somehow we never got that the motions to reconsider be laid fice,’’ was ordered to a third reading, around to getting it done. I am glad he upon the table en bloc; that the consid- read the third time, and passed. has offered it. If we are going to pass eration of these items appear sepa- immigration reform, it certainly f rately in the RECORD; and that any should be a part of it. statements related to the measures be SERGEANT DENNIS J. FLANAGAN I think one of the problems we have printed in the RECORD, without inter- LECANTO POST OFFICE BUILDING had in our thinking throughout this process is an insufficient under- vening action or debate. The bill (H.R. 1402) to designate the standing that we as Senators should The PRESIDING OFFICER. Without facility of the United States Postal place our national interests first, and objection, it is so ordered. Service located at 320 South Lecanto we should set policy that serves our f way in Lecanto, Florida, as the ‘‘Ser- laws, that serves our financial inter- geant Dennis J. Flanagan Lecanto Post DR. FRANCIS TOWNSEND POST ests, and should validate those who fol- Office Building,’’ was ordered to a third OFFICE BUILDING low the law properly and have con- reading, read the third time, and sequences for those who do not follow The bill (S. 1352) to designate the fa- passed. cility of the United States Postal Serv- the law. f ice located at 127 East Locust Street in In 1986, there was this discussion that Fairbury, Illinois, as the ‘‘Dr. Francis ORDERS FOR THURSDAY, MAY 24, led to immigration reform. It was ad- Townsend Post Office Building,’’ was 2007 mitted to be amnesty, and it was sup- ordered to be engrossed for a third posed to be the last amnesty of all Mr. SALAZAR. Mr. President, I ask time, a one-time amnesty, and we are reading, read the third time, and unanimous consent that when the Sen- passed, as follows: going to enforce the law in the future. ate completes its business today, it They promised. S. 1352 stand adjourned until 9:30 a.m., Thurs- Of course, the amnesty took place Be it enacted by the Senate and House of Rep- day, May 24; that on Thursday, fol- immediately and the promises of en- resentatives of the United States of America in lowing the prayer and pledge, the Jour- forcement and funding and enough Bor- Congress assembled, nal of proceedings be approved to date, der Patrol agents and all the things SECTION 1. DR. FRANCIS TOWNSEND POST OF- the morning hour be deemed expired, FICE BUlLDING. necessary to have enforcement never and the time for the two leaders re- occurred for two main reasons. No (a) DESIGNATION.—The facility of the served for their use later in the day; United States Postal Service located at 127 President of the United States cared to East Locust Street in Fairbury, Illinois, that there then be a period of morning do anything about lawlessness at the shall be known and designated as the ‘‘Dr. business for 60 minutes, with Senators border, and the Congress didn’t. Con- Francis Townsend Post Office Building’’. permitted to speak therein for up to 10 gress, every now and then, would rise (b) REFERENCES.—Any reference in a law, minutes each, with the time equally di- up and suggest that something should map, regulation, document, paper, or other vided and controlled, with the Repub- be done, and some Congressman or Sen- record of the United States to the facility re- licans controlling the first half and the ferred to in subsection (a) shall be deemed to ator would talk about it, but nothing majority controlling the final half; ever really got done. be a reference to the ‘‘Dr. Francis Townsend that at the close of morning business Post Office Building’’. Now we are at a point where we have the Senate resume consideration of S. perhaps 12, maybe 20 million people f 1348, the immigration bill. here illegally, and they desire amnesty. MIGUEL ANGEL GARCIA MENDEZ The PRESIDING OFFICER. Without What will happen next? How many POST OFFICE objection, it is so ordered. years will it be until the next time? I have a simple view that goes to the The bill (H.R. 414) to designate the f core of what this bill fails to do, and facility of the United States Postal ORDER FOR ADJOURNMENT that is to affirm the rule of law. My Service located at 60 Calle McKinley, Mr. SALAZAR. Mr. President, if view is that a compassionate and kind West in Mayaguez, Puerto Rico, as the there is no further business, I ask and very generous thing to do for per- ‘‘Miguel Angel Garcia Mendez Post Of- unanimous consent that the Senate sons who came into our country ille- fice Building,’’ was ordered to a third stand adjourned, following the remarks gally, who have not been forced to stay reading, read the third time, and of Senator SESSIONS. here but stay here because they choose passed. The PRESIDING OFFICER. Without to stay here—presumably the life and f objection, it is so ordered. the pay and the benefits they have here The Senator from Alabama is recog- LINO PEREZ, JR. POST OFFICE are sufficient that they would choose nized. to stay here rather than where they The bill (H.R. 437) to designate the f came from—that those persons, as a re- facility of the United States Postal sult of coming here illegally and of Service located at 500 West Eisenhower COMPREHENSIVE IMMIGRATION their own volition, should not be given Street in Rio Grande City, Texas, as REFORM every single benefit that we would give the ‘‘Lino Perez, Jr. Post Office,’’ was Mr. SESSIONS. Mr. President, I to persons who come to America le- ordered to a third reading, read the thank Senator SALAZAR for his cour- gally. That is just it. We said that in third time, and passed. tesy. I want to share a few thoughts to- 1986 and this will be a defining moment f night. In particular, I wish to talk about whether we mean it. about the Grassley amendment that We could take two positions. One is, ATANACIO HARO-MARIN POST deals with the granting of visas, which, this is not amnesty and maybe we can OFFICE by error or inadvertence, could in fact go on and the same thing would be pre- The bill (H.R. 625) to designate the involve individuals who are very dan- pared to happen a few years from now, facility of the United States Postal gerous, who would get into our country 15 years from now. Or we can say: No, Service located at 4230 Maine Avenue on a valid visa, and then it be deter- sir, nobody from 1986 and forever here- in Baldwin Park, California, as the mined that they should never have after who comes to our country ille- ‘‘Atanacio Haro-Marin Post Office,’’ been issued that visa. gally will be given the full panoply of was ordered to a third reading, read the That happens quite often. The State benefits we give to persons who come third time, and passed. Department is concerned about it. The to our country legally.

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6574 CONGRESSIONAL RECORD — SENATE May 23, 2007 I just want to mention two or three sions. The consular officers ask for in- Immigration officials could not do a things I think about that. One is citi- formation. If they think somebody has thing about it if the person had already zenship. You don’t get citizenship if a scheme to go into the United States arrived here. We were handicapped you break into this country illegally. with a visa and never to return back to from locating the visa holders and de- You don’t receive some of the benefits the Dominican Republic, or whichever porting them, even if they were terror- we would give, such as the earned-in- country is involved, they deny the visa. ists or there were other serious reasons come tax credit. The earned-income The alien whose visa was denied to deny the visa. tax credit was designed to help people doesn’t get to sue the consular officers. Revocation of a visa is not a thing with families, who are poor, but who do That alien doesn’t get to complain. done lightly, although as a matter of work. It was an idea that went back to This is a discretionary act by a des- law, I cannot think there is any con- the Nixon days. The theory was there ignated agent of the United States of stitutional requirement they have any was not enough distinction between America, a sovereign nation. A sov- kind of extended procedure. But we the income you could get staying home ereign nation gets to decide who gets have established strong procedures on on welfare and actually going out and into its country, who does not get into revocation decisions. To revoke a visa working. So they tried to incentivize its country, and under what conditions is not done lightly. If a consular officer and encourage poor people to see the they come into their country. That is wants to revoke a visa, the case is advantage of work and would give fundamental. thoroughly vetted. In fact, the final de- them the earned-income tax credit, You don’t get to sue over it, if you cision cannot be made by the consular which a lot of people do not know is $41 were denied by the consular official in official in the Dominican Republic or billion a year in expenditures, which is Cyprus or Poland or the Dominican Re- Cypress or Poland; it must be made by a lot of money designed to help poor public. That’s just it. OK. a higher official in Washington. people. However, if you are approved by a Revocation cannot be based on sus- Conservatives talk about it, others consular official, but that is later re- picion. It must be based on an actual talk about it, but fundamentally it was voked and that individual has now finding that the alien is ineligible for designed to incentivize work for Amer- landed on American soil already, the the visa; in other words, they should ican working poor, particularly if they consular official’s decision to revoke is not have received the visa. They had had children. The average recipient of turned into a big court case. The prac- the power to say no to begin with. Once the earned-income tax credit in Amer- tice has made visa revocations ineffec- the alien is in our country, without ju- ica receives from $1,700 to $2,000 a year. tive, in fact, as an antiterrorism tool. dicial review, you cannot revoke a visa. The consular official gives the visa That is designed to help them work. This amendment, the Grassley But if somebody comes to our coun- amendment, would treat visa revoca- holder an opportunity to explain their try illegally, I see no reason they tions similar to visa denials because case. They may have the visa holder should be rewarded with the earned-in- the right of a person to be in the come down to the embassy and defend their position. So when a visa is re- come tax credit; nor should they get United States would expire once the voked, it is serious business. It takes a Social Security benefits if they paid visa is revoked, regardless of whether good bit of time. But current law benefits over a false Social Security that person is in the United States. handicaps our enforcement and makes number, working under a fraudulent I think that is something the 9/11 it nearly impossible to deport the alien name in a business where they were il- Commission has suggested we should if they have already made it to the legal. They should not get those bene- do. That is a very important issue that United States. Current law allows fits. I will talk about in a little bit. aliens to run to the steps of our coun- One cannot, in America today, go to At a judiciary hearing in March of try’s courts to take advantage of the court and enforce an illegal contract. If this year the Secretary of Homeland litigation system. There is no reason a person promises to pay a drug dealer Security, Secretary Chertoff, said this: for special treatment of those whose money for dope and that person doesn’t The fact is that we can prevent someone visas we revoke simply because they pay the drug dealer, the drug dealer who is coming in as a guest. We can say you happen to be on land here after we fig- can’t sue that person in court. It is an can’t come in from overseas. But once they ured out that their permission to come illegal contract, a contract for dope. come in, if they abuse the terms and condi- should have been denied. It is an illegal contract. When a per- tions of their coming in, we have to go through a very cumbersome process. That Allowing judicial review of revoked son comes here and pays money using a strikes me as not particularly sensible. Peo- visas, especially on terrorism grounds, fake name or fake Social Security ple who are admitted as guests, like guests jeopardizes classified intelligence that number, that person is not entitled to in my house, if a guest misbehaves, I tell led to the revocation. It can force agen- receive any benefits, in addition to the them to leave. They don’t go to court over cies such as the FBI and CIA to be hesi- it. problems we would have in determining tant to share information. In 2003, the General Accounting Of- who paid what money under what num- Current law could be reversing this ber and where and when. Fraud would fice reported that suspected terrorists very process we set up after 9/11 so we be rampant, so we should not do that. could stay in this country after their could share information more readily I am worried about this legislation. I visas had been revoked because of a among agencies. Our poor visa policies think it has some containment of the legal loophole in the wording of revoca- contributed to the events of September Social Security, a good bit better than tion papers. GAO found the FBI and the 11. last year, although I am not sure it is intelligence community suspected ties Nineteen hijackers used 364 aliases. real tight. But there is no containment of terrorism in hundreds of visa appli- Two of the hijackers may have ob- of the earned-income tax credit. Those cations but did not always share that tained passports from family members are some things we need to think about information with consular officials working in the Saudi passport mission, as we analyze the cost of the legisla- properly so that the application could in other words, fraudulent passports. tion that is before us today. be rejected. So the consular officers Nineteen hijackers applied for 23 With regard to the Grassley amend- granted the visa, not knowing that the visas and obtained 22 visas. The hijack- ment, this amendment would revise the applicant may have connections to ter- ers lied on their visa applications in de- current law related to visa revocations rorist organizations. Had the consular tectable ways. The hijackers violated for visa holders who are on U.S. soil. officials known that, they would not the terms of their visas. They came Under the current law, visas approved have granted the visa. Maybe the FBI and went at their convenience. The 9/11 or denied by consular officers in for- was tardy in giving it to them; maybe Commission pointed out the obvious by eign countries are nonreviewable. In it was a product of sensitive informa- stating that: other words, if you go into the consular tion they were not at liberty to reveal; Terrorists cannot plan and carry out at- office, as I did with Senator SPECTER maybe they did not discover the ter- tacks in the United States if they are unable last summer in the Dominican Repub- rorist connections until the person got to enter the country. lic, and happened to meet one and into our country. By the time they got The 9/11 Commission recommended talked with him about how his day was the derogatory information, it was that we intercept terrorists and con- and what it was like—they make deci- often too late; the visa had been issued. strain their mobility. This amendment

VerDate Mar 15 2010 22:22 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2007SENATE\S23MY7.REC S23MY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 23, 2007 CONGRESSIONAL RECORD — SENATE S6575 would do that. Allowing aliens to re- This is something I have dealt with ADJOURNMENT UNTIL 9:30 A.M. main on U.S. soil with a revoked visa for some time. I think we can do better TOMORROW or petition is a national security con- about this area of the law. This was a Thereupon, the Senate, at 8:26 p.m., cern. It is something we should do request from the State Department adjourned until Thursday, May 24, 2007, something about. which deals with this every day. We at 9:30 a.m. Think about it. An individual came need to do better to support the State into America, approved for a visa, and Department. f it is now discovered the individual had When I met with the consular official NOMINATIONS ties to terrorist organizations, may in the Dominican Republic, he talked well be deeply connected in some dan- Executive nominations received by about the fraud they see, and it is pret- gerous way where they could threaten the Senate May 23, 2007: ty common. Frequently people produce the security of the United States, and DEPARTMENT OF JUSTICE fraudulent marriage licenses. Some- all we can do is revoke their visa, even- ONDRAY T. HARRIS, OF VIRGINIA, TO BE DIRECTOR, times people actually pretend to be tually ask the person to leave, and COMMUNITY RELATIONS SERVICE, FOR A TERM OF FOUR married. Sometimes they just produce YEARS, VICE SHAREE M. FREEMAN. they file petitions and object and go to documents; they say they are married IN THE ARMY court and turn it into a big process. It is this kind of thing that has the when they are not married. That THE FOLLOWING NAMED OFFICER FOR APPOINTMENT makes people eligible to come. IN THE UNITED STATES ARMY TO THE GRADE INDICATED capacity to overwhelm and flood our WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND courts and to create circumstances You know what he said? In all of the RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: such that the immigration laws be- time he has been working on it, nobody To be lieutenant general come unenforceable. It is a realistic has ever prosecuted someone for a fake LT. GEN. DOUGLAS E. LUTE, 0000 concern. We have to go back to the ba- marriage license to get entry into the THE FOLLOWING ARMY NATIONAL GUARD OF THE United States. UNITED STATES OFFICERS FOR APPOINTMENT IN THE sics of immigration and see what this RESERVE OF THE ARMY TO THE GRADES INDICATED process is all about. When I was U.S. attorney, I pros- UNDER TITLE 10, U.S.C., SECTION 12203: A person who comes into any sov- ecuted one or two, anyway. I remember To be major general ereign nation, the United States cer- people who created fraudulent mar- BRIGADIER GENERAL AUGUSTUS L. COLLINS, 0000 tainly being one, comes at the pleasure BRIGADIER GENERAL JAMES B. GASTON, JR., 0000 riages to set up to get in the country. BRIGADIER GENERAL JOE L. HARKEY, 0000 of the United States, at the sufferance For one reason or another it came to BRIGADIER GENERAL JOHN S. HARREL, 0000 of the United States. Without a right BRIGADIER GENERAL EDWARD A. LEACOCK, 0000 our attention and we prosecuted the BRIGADIER GENERAL JOSE S. MAYORGA, JR., 0000 to stay here, but as a free gift that can case. It is a violation of Federal law. BRIGADIER GENERAL KING E. SIDWELL, 0000 be taken away or rejected at any time. BRIGADIER GENERAL JON L. TROST, 0000 What we have got, our guess is, there An alien is not entitled to stay here. To be brigadier general An alien does not have a constitutional are so many that people do not have time to do it. But if a person says they COLONEL ROBERT K. BALSTER, 0000 right to stay here. An alien has no COLONEL JULIO R. BANEZ, 0000 legal right to stay here if he or she is are married and they come here to the COLONEL WILLIAM A. BANKHEAD, JR., 0000 country, and you find out they are not COLONEL ROOSEVELT BARFIELD, 0000 not in compliance with the rules and COLONEL GREGORY W. BATTS, 0000 regulations of the United States. We married, they should be able to depart COLONEL THOMAS E. BERON, 0000 without having a big trial. You can try COLONEL DAVID L. BOWMAN, 0000 have designated officials, agents, and COLONEL GEORGE A. BRINEGAR, 0000 officers with the procedures and plans them, as I did, and convict them and COLONEL JEFFERSON S. BURTON, 0000 send them to jail, or give them a proba- COLONEL GLENN H. CURTIS, 0000 to make those decisions about visas, COLONEL LARRY W. CURTIS, 0000 and we can’t have all of those revoked tionary sentence for filing a false claim COLONEL SANDRA W. DITTIG, 0000 to the Government or false document COLONEL ALAN S. DOHRMANN, 0000 visas turning into lawsuits. I mean, COLONEL ALEXANDER E. DUCKWORTH, 0000 there are not enough hours in the day. to the Government or false claim for COLONEL FRANK W. DULFER, 0000 entry into the United States. All that COLONEL ROBERT W. ENZENAUER, 0000 It can subject our Nation to threats in COLONEL LYNN D. FISHER, 0000 would be criminal, but it takes a tre- COLONEL BURTON K. FRANCISCO, 0000 many different and terrible ways. COLONEL HELEN L. GANT, 0000 What I would suggest to my col- mendous amount of time, effort, and COLONEL TERRY M. HASTON, 0000 money to prosecute a case like that, COLONEL BRYAN J. HULT, 0000 leagues is, let’s think about the basics COLONEL GEORGE E. IRVIN, SR., 0000 of what immigration is about. It is not more than probably we can afford to do COLONEL LENWOOD A. LANDRUM, 0000 today. So the better thing is to give COLONEL ROGER L. MCCLELLAN, 0000 a matter of the right of somebody COLONEL RONALD O. MORROW, 0000 wants to come here. Nobody has a con- our people the power to make that de- COLONEL JOHN M. NUNN, 0000 cision and move people out if they are COLONEL ISAAC G. OSBORNE, JR., 0000 stitutional right, a legal right, or a COLONEL ROBERT J. PRATT, 0000 moral right, for that matter, to enter here on a visa. COLONEL JERRY E. REEVES, 0000 COLONEL TIMOTHY A. REISCH, 0000 the United States. It is a decision we Now, if they have legal permanent COLONEL JAMES M. ROBINSON, 0000 make based on policies that presum- residence or citizenship, of course, that COLONEL MARK D. SCRABA, 0000 COLONEL DONALD P. WALKER, 0000 ably serve the national interests of the is not so. If you get a legal permanent COLONEL CHARLES F. WALSH, 0000 United States. resident status, then you have certain If a person is not in compliance after rights that go beyond what I described. f they get here, if a person did not meet Mr. President, I thank Senator WITHDRAWALS the standards when they were admit- GRASSLEY for his leadership and for Executive Message transmitted by ted, if the person did not meet the working on this amendment. I think it the President to the Senate on May 23, standards when they first applied, they would be a critically important aspect 2007 withdrawing from further Senate should be rejected without a court of any comprehensive reform. I thank consideration the following nomina- hearing or a lawsuit. If they get into the Chair for his patience late into the tions: this country and we find additional in- evening. formation that would have prohibited MICHAEL E. BAROODY, OF VIRGINIA, TO BE A COMMIS- SIONER OF THE CONSUMER PRODUCT SAFETY COMMIS- them from coming, they can be asked I yield the floor. SION FOR A TERM OF SEVEN YEARS FROM OCTOBER 27, to leave without going through a big The PRESIDING OFFICER (Mr. 2006, VICE HAROLD D. STRATTON, RESIGNED, WHICH WAS SENT TO THE SENATE ON MARCH 5, 2007. trial, because they do not have that SALAZAR.) Under the previous order, MICHAEL E. BAROODY, OF VIRGINIA, TO BE CHAIRMAN property right or legal right that the Senate stands adjourned until 9:30 OF THE CONSUMER PRODUCT SAFETY COMMISSION, VICE HAROLD D. STRATTON, RESIGNED, WHICH WAS SENT TO would justify such an action. a.m. tomorrow. THE SENATE ON MARCH 5, 2007.

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ONCOLOGY NURSING MONTH THE JOHN R. JUSTICE PROSECU- CONGRATULATING THE WE THE TORS AND DEFENDERS INCEN- PEOPLE TEAM FROM FINDLAY TIVE ACT OF 2007 HIGH SCHOOL HON. LOIS CAPPS OF CALIFORNIA ´ HON. JIM JORDAN HON. LINDA T. SANCHEZ OF OHIO IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Tuesday, May 22, 2007 IN THE HOUSE OF REPRESENTATIVES Tuesday, May 22, 2007 Mr. JORDAN of Ohio. Madam Speaker, I Mrs. CAPPS. Madam Speaker, I rise today Tuesday, May 22, 2007 to call attention to the important and essential am honored to highlight the outstanding role that oncology nurses play in providing Ms. LINDA T. SA´ NCHEZ of California. achievements of a group of young scholars quality cancer care and to recognize May as Madam Speaker, I am pleased to join my col- from my congressional district. Last month, Findlay High School students ‘‘Oncology Nursing Month.’’ Oncology nurses leagues in supporting the John R. Justice Christina Back, Anthony Baratta, Kyle Collette, are the health professionals involved in the Prosecutors and Defenders Incentive Act, a Meghan Gannon, Jessica Gephart, Bryant administration and monitoring of chemo- bill that will help local governments to recruit Hendriksen, Emily Janowiecki, Stephen therapy and managing the associated side-ef- and retain talented young people to their dis- Kostyo, Jaime Malloy, Debra McCaffrey, Jade fects patients may experience. As anyone who trict attorney and public defender offices. Mummert, Will Olthouse, Nicholas Rackley, has ever been treated for cancer will tell you, Tuition has been rising steeply at law Michael Sears, Caroline Solis, Stephen Strigle, oncology nurses are intelligent, well-trained, schools across the country, increasing more Rebecca Walter, and Matthew Wiseman rep- highly skilled, kind-hearted angels who provide than 130 percent at private law schools since resented the State of Ohio in the national quality clinical, psychosocial, and supportive 1990. Unfortunately, scholarships and pay at finals of the We the People: The Citizen and care to patients and their families. Every day, the Constitution program. They joined more part-time jobs have simply not kept up. As a oncology nurses see the pain and suffering than 1,200 students from across the country at result, students have been forced to take on caused by cancer and understand the phys- this three-day competition in Washington. additional debt in order to afford a legal edu- ical, emotional, and financial challenges that Authorized by act of Congress, the We the people with cancer face throughout their diag- cation. By 2006, the average law student People program allows high school students to nosis and treatment. In short, they are integral graduated with nearly $80,000 of debt. Eighty develop in-depth knowledge and under- to our Nation’s cancer care delivery system. thousand dollars would have bought a nice big standing of the fundamental principles and val- house in Los Angeles in my parents’ day! ues of our republic. Students testify at mock Cancer is a complex, multifaceted and But this debt load affects more than just the congressional hearings before a panel of ex- chronic disease. People with cancer are best perts, answering questions that test their un- credit scores and disposable incomes of reserved by a multidisciplinary health care team derstanding of the Constitution and their ability cent graduates. It affects their career choices. specializing in oncology care, including nurses to apply that knowledge. Columnist David who are certified in that specialty. One in three Young people bearing the burden of eighty Broder has described the national competition women and one in two men will receive a di- and hundred thousand dollar debts must seek as ‘‘the place to have your faith in the younger agnosis of cancer at some point in their lives, jobs that will provide enough income to allow generation restored.’’ and one out of every four deaths in the United them to make their loan payments as well as These 18 students continue a long tradition States results from cancer. Today, more than pay for transportation, rent, food, clothing, of success for Findlay High School in this two-thirds of cancer cases strike people over healthcare, and other necessities. competition. I commend them for their hard the age of 65, and the number of Medicare However, many government and public work—along with the efforts of their teacher Mark Dickman, who helped them prepare for beneficiaries is projected to double in the com- service jobs do not provide this level of pay to the local, state, and national competitions. In ing years. Last year approximately 138,680 starting lawyers. Some locales can only afford people in California were diagnosed with can- addition, I salute the tireless work of Jared to pay starting attorneys $36,000 a year (even Reitz, the state coordinator for We the People, cer and another 55,960 lost their battles with while the top New York law firms pay their this terrible disease. and district coordinator Libby Cupp. starting attorneys $140,000 or more). It’s no Madam Speaker, all of Ohio can take great Since 1975, the Oncology Nursing Society surprise, then, that an entire generation of pride in the performance of these scholars, (ONS) has been dedicated to excellence in bright young people can’t afford to consider who are excellent role models for their peers. patient care, teaching, research, administra- the possibility of becoming a district attorney They are perfect examples of all that is right tion, and education in the field of oncology. or a public defender. in our education system today, and are to be ONS is the largest organization of oncology That is why I am pleased to join the Amer- commended for a job well done. health professionals in the world, with more f than 35,000 registered nurses and other ican Bar Association, the National District At- health care professionals. The Society’s mis- torneys Association, and the National Legal TRADE AND LABOR sion is to promote excellence in oncology Aid and Defender Association in support of SPEECH OF nursing and quality cancer care. I am pleased this important bill, which will provide student that ONS has 19 chapters in California which loan repayment assistance to borrowers who HON. LINDA T. SA´ NCHEZ support oncology nurses in their efforts to pro- remain employed for at least 3 years as state OF CALIFORNIA vide high quality cancer care to patients and or local criminal prosecutors or state, local, or IN THE HOUSE OF REPRESENTATIVES federal public defenders. their families throughout our state. I commend Monday, May 21, 2007 ONS and its members for their steadfast com- We want and need the best and brightest to Ms. LINDA T. SA´ NCHEZ of California. Mr. mitment to improving and ensuring access to join these professions. Indeed, public trust in Speaker, I am pleased to join my colleagues quality cancer care for all people with cancer. the justice system requires trust in the attor- in addressing the House and the American I am proud to support the goals and ideals neys tasked with prosecuting and defending people regarding our trade policy and its effect ONS and I urge my colleagues to join me in the accused. I am proud to support local and on working families. recognizing oncology nurses for their commu- state attorneys in enforcing their laws and I’d like to thank my colleague, PHIL HARE, nities not only in May, but year-round. proud to support this bill. who organized this special order debate and

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

VerDate Aug 31 2005 06:16 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E23MY7.REC E23MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1124 CONGRESSIONAL RECORD — Extensions of Remarks May 23, 2007 who is an active member of the Congressional agreements possible, so long as they rely on I challenge Republicans and Democrats, Labor and Working Families Caucus and the this Administration to enforce the labor and employers and employees, all those who care House Trade Working Group. environmental standards they contain, they about shared prosperity in this country, and On May 10, the Administration and Mem- are not worth the paper they are written on. not just the rich getting richer, to work together bers of this House announced a ‘‘New Policy This Administration has failed to protect to embark on this entirely new journey to fair on Trade.’’ workers here in the United States. The BP trade. It’s about time. Democrats have been calling Texas City explosion, the Sago Mine Disaster, f for a new direction in trade for years. Finally, and the 9/11 first responders and clean-up the Administration appears to be listening to workers who have developed serious breath- COMMEMORATING AZERBAIJAN’S these calls for improved provisions to protect ing ailments—these are just the most noto- REPUBLIC DAY workers, their families, and the environment. I rious examples of this Administration’s relin- applaud the baby steps the Administration has quishment of its responsibilities to provide HON. DAN BURTON taken. But the Administration needs to take even the most basic protection to workers: the OF INDIANA giant leaps to improve on its current, failing right to work in a safe environment. IN THE HOUSE OF REPRESENTATIVES approach to trade. And that’s not even mentioning the Adminis- Tuesday, May 22, 2007 This new ‘‘deal’’ on trade covers changes to tration’s opposition to increasing the minimum certain provisions of the Bush-negotiated Free Mr. BURTON of Indiana. Madam Speaker, I wage, to protecting pensions and Social Secu- rise as a senior member of the House Foreign Trade Agreements, FTAs, with Peru and Pan- rity, and to ensuring that workers have the Affairs Committee and member of the House ama. Though we have seen outlines and sum- right to organize. Azerbaijan Caucus, to honor the people of the maries of this new ‘‘deal’’ on trade, we have The Bush trade deal would give private cor- Republic of Azerbaijan—a strong strategic not seen the final, legal text. Yet we have porations the ability to take action on their own partner and ally not only to the United States been asked to trust the Administration’s prom- to protect their rights. It would not, however, but also among the democratic nations of our ises and support this new ‘‘deal.’’ extend that same power to workers, who world—as they prepare to celebrate Republic To those of us in Congress who have been would have to rely on the Bush Administration working to champion the rights of American Day on May 28. to do that for them. Republic Day commemorates the day Azer- working families and begin a new approach to Trust this Administration to protect working baijan first declared independence from the trade, the Administration’s promises sound American families? I don’t think so. This new Russian Empire in 1918—becoming the first awfully familiar. trade deal—like the previous bad deals—is a ever Muslim democratic republic. Although the And when I say awful, I mean awful. one-sided raw deal for workers. Each time this Administration has presented Azerbaijan Democratic Republic only lasted 2 We’re continually told that NAFTA-style free short years, succumbing to Soviet forces in one of its trade schemes to Congress, it has trade will create more wealth in all the coun- promised us that the agreement includes all 1920, in its 2 years of independence Azer- tries involved. Yet NAFTA-style free trade has baijan made great strides in areas such as sorts of so-called ‘‘innovative’’ worker protec- meant the loss of jobs as those jobs have tions. We heard this over and over again dur- state building, education, and economic been shipped overseas. growth. The Azerbaijan Democratic Republic ing the debate on the Central American Free Just as trickle-down economics proved to be was even ahead of the United States in terms Trade Agreement. a failure at lifting people out of poverty, the of granting suffrage to women; which didn’t But the fact is, no matter what label you use current free trade model has also proved to be to describe them, the so-called labor protec- happen here in the U.S. until 1920. a failure. Since NAFTA, the real income of Azerbaijan’s second opportunity for freedom tions in CAFTA were disappointingly weak. working families has been on the decline or For example, under CAFTA, countries can and independence began in 1990 when stagnant at best. Azerbaijanis began openly gathering in protest down-grade their own labor laws, without fac- The middle class is getting squeezed from against Soviet rule. Tragically, January 1990 ing any trade penalties or sanctions. all directions. Downward pressure on wages is will forever be known to all Azerbaijanis as Allowing our partners in free trade deals to being accompanied by higher health care Black January, as these peaceful demonstra- erode their own labor standards is unfair to costs, higher gas prices, and higher education tions were crushed by Soviet intervention at a our workers here at home, who can’t possibly costs. compete with workers who are denied basic It’s high time to develop a new trade policy cost of over a hundred and thirty civilians’ workplace rights, who are paid two dollars a that works for working families. American lives. Yet even in the face of such brutality day, or who face forced labor—as our own workers came out in droves in the last elec- Azerbaijanis never gave up their dream of State Department reported was the case in tion, and they voted for a new majority. As freedom and independence and following the Oman. part of the new majority, we owe it to them to final collapse of the Soviet Union, Azerbaijan CAFTA passed the House by the narrowest stand with them for fair trade. To stand with of margins at a time when it was Republican quickly declared its re-independence. them in creating a new America. By August 30, 1991, a free Azerbaijan’s controlled. You would think that the Adminis- This is possible. tration would have gotten the message that it Fair trade is an option. Parliament adopted the Declaration on the needed to do better. If we stand united for working Americans, Restoration of the State of Independence of You would think the Administration would we can deliver a real new deal on trade, not the Republic of Azerbaijan, and on October have realized that from then on, it should in- warmed over hash masquerading as caviar. 18, 1991, the Constitution was approved. clude more of us in the process and work out You know the old saying about putting lipstick Having lived under Soviet rule, the people of a different type of trade deal. on a pig? Well, I smell bacon. I don’t have to Azerbaijan have a great appreciation of living But unfortunately no one was listening. read the complete text of the deal to read be- in a democratic civil society and since its re- Since CAFTA, we’ve seen the same weak tween the lines. independence, the Republic of Azerbaijan has labor provisions in the Oman FTA. The bottom line is this: minor adjustments to been an invaluable ally in the Global War on And now we are asked to have faith that the NAFTA-style deals are not good enough. Terror; committing both their human resources Administration has really turned over a new No more agreements based on the failed and their leadership to the fight. Azerbaijan leaf? That enforceable labor and environ- NAFTA model. was among the first nations—Muslim and non- mental standards will be included in the text of No more ‘‘Fast Track’’ trade negotiation au- Muslin—to offer unconditional support to the the Peru and Panama agreements? thority. United States in the war against terrorism; I have faith in many things, but not in these We cannot give this Administration or future providing airspace and the use of its airports promises. ones a blank check on trade deals that dev- for Operation Enduring Freedom in Afghani- This Administration has lost my faith. It has astate our communities. stan. Today, Azerbaijan peacekeeping troops lied too many times, about too many things: Trade can benefit our economy and the continue to serve with distinction in Kabul that Iraq posed an imminent danger, that the economies of our trading partners. We can ne- under the leadership of the International Secu- mission in Iraq was accomplished, that at least gotiate deals that create new markets, bring- rity Assistance Force. nine U.S. attorneys were fired because they ing new jobs and new prosperity. We can Azerbaijanis have also fought shoulder-to- were incompetent, that the air around ground achieve significant new foreign market access shoulder with our troops in the second front in zero was safe to breathe, that we have not and reduce our trade deficit. the war against terrorism, Iraq. In fact, Azer- been experiencing any change in our climate. But to do so, we must embark on a new baijan—in another first—was the first Muslim Perhaps more importantly, even if these path. Not a slight detour from our current di- nation to join the Coalition and send troops to agreements are the best written, fairest trade rection. Iraq.

VerDate Aug 31 2005 06:16 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E23MY7.REC E23MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 23, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1125 Finally, Azerbaijan has joined all 12 inter- shot with Indian Army bullets. The orders for THE SIKH EDUCATIONAL TRUST, national conventions on counter-terrorism and that operation were given in January 1984, ac- INTERNATIONAL JOURNAL OF SIKH continues to support regional cooperation on cording to the Sikh Bulletin, October–Novem- AFFAIRS, Edmonton, Alberta, Canada, May 9, 2007. fighting terrorism through numerous local ber 1985. The Air India operation was part of Ret Air India Flight 182 (Toronto—Mon- agreements as well as its participation in the that campaign. In addition, the newspaper treal—London—Delhi), activities of regional organizations such as Hitavada reported that the Indian government June, 23 1985: Enquiry of Justice John Major NATO, the Organization for Security in Europe paid the late governor of Punajb, Surendra DEAR SIR, My writing to you relates with and others. Nath, the equivalent of $1.5 billion to foment some minor and major comments related to Azerbaijan has also assumed an important terrorist activity in Punjab and Kashmir. the subject, and also on ‘‘Air India’s Shared political role in the fight against terrorism and Tragedy Lost in the ‘SILOS’ between two na- Dr. Sekhon refers to the first hijacking of an tyranny. As a founding member of the GUAM tions by George Abraham (The Edmonton Air India plane by two Brahmin brothers Journal, 8th May, 2007).’’ Organization for Democracy and Economic named Pandey to secure Indira Gandhi’s re- I would like to comment on Abraham’s Development—whose namesake members in- lease from jail. He notes the penetration of writing ‘‘Prime Minister (Brian) Mulroney clude Georgia, Ukraine, Azerbaijan and had telephoned his condolences to his Indian Canada by Indian intelligence in the 1980s. Moldova—Azerbaijan has been a leading counterpart, Rajiv Gandhi—an act that was voice on enhanced regional economic co- The letter cites both Zuhajr Kashmeri and based on a fundamental misunderstanding of operation through development of a Europe- Brian McAndrew’s excellent book Soft Target who, exactly, had been victimized, and who, in fact, was to blame.’’ Mr. Abraham seems Caucasus-Asia transport corridor; and a and former Canadian Member of Parliament David Kilgour’s book Betrayal: The Spy That to be in the grip of part of the problem. As facilitator for discussion on various levels of a Canadian national and belonging to the Ca- existing security problems, promoting conflict Canada Forgot. Both show India’s responsi- nadian Sikh community, it appears to me resolution and the elimination of other risks bility for the bombing. Kashmeri and that ‘telephoning to the prime minister of a and threats, such as illegal trafficking and bor- McAndrew cite the Canadian Security Intel- country, which had betrayed Canada and the der security. ligence Service (CSIS), which said, ‘‘if you international community in 1974 (explosion I believe that the past several years have really want to clear the incidents quickly, take of a nuclear device prepared from the by- proven that the people and government of vans to the Indian High Commission and the product of a Candu reactor technology for consulates in Toronto and Vancouver, load up peaceful and medical purposes) by the Right Azerbaijan are committed to democracy. They Hon. Prime Minister of Canada’ was far more have taken a bold and courageous stand for everybody and take them down for ques- important than about 90 percent of the Cana- freedom and democracy by committing troops tioning. We know it and they know it that they dian passengers of the ill-fated aircraft. It, and resources to the fights in Afghanistan and are involved.’’ certainly, is new information that has come Iraq. They have expended their political capital Kilgour writes that a Canadian-Polish double out in Justice Major’s enquiry. What a pity to bring different nations together in their re- agent was approached by an East German our Canadian prime minister, who put Rajiv gion, and abroad, to peacefully organize and Gandhi first rather than thinking and offer- named Udo Ulbrecht, who was working with ing his condolences to the Canadian Sikhs build, through democratic institutions and com- people affiliated with the Indian government, to and the victimized families. This act of merce, a safer world. participate in a second bombing, but he de- Prime Minister Mulroney will never be for- Madam Speaker, I would ask all of my col- clined to be part of it and the plot never came gotten by the Canadian Sikhs. Earlier, his leagues to join me now to thank the people of off. Dr. Sekhon rightly asks why neither predecessor, Charles Joseph Clark, had said Azerbaijan for their friendship, to congratulate Kashmeri, McAndrew, nor Kilgour has been to the journalists that ‘‘if you want more in- them on the 89th Anniversary of Republic Day asked to testify in the current inquiry. He also formation about Sikhs, go and call these and to renew our commitment to further de- requests that the Indian diplomatic and intel- numbers (of the Indian Consulate Toronto and High Commission in Ottawa):’’ What an velop and strengthen the bonds between our ligence personnel who were declared persona two peoples. unacceptable act of the prime minister, who non grata in Canada in the wake of the Air hands out the telephone numbers of a foreign f India bombing be summoned back to testify mission to get information about Canadian AIR INDIA INQUIRY QUESTIONED before the inquiry. Sikhs. Should we, the Canadian Sikhs who have been in Canada over a century, imply He notes the mass killings of Sikhs, Chris- that our Canadian administration has no HON. EDOLPHUS TOWNS tians, Muslims, Assamese, Tamils, and other idea of its Sikh Canadians; or, a foreign mis- non-Brahmin minorities by the Indian govern- OF NEW YORK sion in Canada has more information about ment Their effort to portray the Sikhs, espe- the Canadian Sikhs, especially when the In- IN THE HOUSE OF REPRESENTATIVES cially those who speak out peacefully and dian Constitution 1950, Article 25, has elimi- Tuesday, May 22, 2007 democratically for an independent Khalistan, nated the ‘Sikh Identity and Sikh Faith’. Mr. TOWNS. Madam Speaker, recently a as terrorists is a pretext for this ‘‘ethnic cleans- The latter is one of the six major faiths of ing.’’ our world. Canadian writer and editor named Dr. Awatar Does George Abraham know that Mani Singh Sekhon, Managing Editor of the Inter- He quotes my colleague, the gentleman Shanker Iyer, an Indian diplomat, said, ‘‘In national Journal of Sikh Affairs, wrote a de- from California, who said in this chamber that early 1984, to the hearing of all, mentioned tailed response to an article about the 1985 for Sikhs and Kashmiris, ‘‘India might as well that at the instance of Indira Gandhi, he was Air India bombings. As you know, those bomb- be Nazi Germany.’’ The late General Narinder given an unpleasant job of portraying Sikhs ings continue to be controversial more than 20 as terrorists.’’ A few days later, Iyer stated Singh said that Punjab was a police state. that, ‘‘against his wishes he had done the years later and the Canadian government is This has been an extension of the India gov- launching yet another inquiry into the matter. job?’’ This was before ‘‘Operation Bluestar, ernment’s strategy that was outlined in a the orders for which had been delivered in Dr. Sekhon’s quite comprehensive letter, memo in 1947 in which India’s first Home Min- January 1984’’ (The Sikh Bulletin, October– which was written in response to an Edmonton ister V.B. Patel described the Sikhs as ‘‘a law- November 2005, p. 11; [email protected]). Sun article, is very detailed. It makes a very less people’’ and ‘‘a criminal tribe.’’ In other Based on the two previous enquiries and strong argument and brings up a lot of very words, the Indian government was trying to the present one which is going on, it appears important information on the case. Before I put discredit and destroy the Sikhs almost from to me that nothing extraordinary will come from these enquiries, because the major it into the RECORD, I will attempt to summarize the moment of independence. the highlights. things which might yield substantial infor- Madam Speaker, the time has come to stop mation and which might reveal the real Dr. Sekhon points out that Indian diplomat cause of the ‘Air India Explosion of Flight Mani Shankar says that in 1984, the year be- our aid and trade with this repressive regime and to demand self-determination for the 182’ will never find a place in the enquiry fore the bombing, the Indira Gandhi govern- that is going on. Some of the points that, as ment in India commissioned him ‘‘to portray Sikhs of Punjab, Khalistan, the Muslims of I believe, have not been discussed so far, are Sikhs as terrorists.’’ This directive occurred Kashmir, the Christians of Nagalim, and all the summarized below: before Operation Bluestar, the June 1984 at- people seeking freedom in South Asia. The 1. Why Mr. Zuhaire Kashmeri and Mr. tack on the golden Temple in amritsar (the essence of democracy is the right to self-de- Brian McAndrew, two Canadian journalists, who gave their views in their title, Soft Tar- seat of Sikhism) and several other Sikh termination, not an ongoing half-century effort to kill your minority citizens. get India’s Intelligence Service and its Role Gurdwaras around Punjab, in which 20,000 in The Air India Disaster 1989 first ed. and Sikhs, including over 100 Sikh youth ages 8 to I would like to place Dr. Sekhon’s letter into 2005 second ed. ISBN 10:1–55028–904–7 and 13: 13, were killed and the Sikh holy scripture, the the RECORD at this time for the information of 978–1–55028–904–6, have not been called to tes- Guru Granth Sahib, was desecrated by being my colleagues. tify before the enquiry commission?

VerDate Aug 31 2005 06:16 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\E23MY7.REC E23MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1126 CONGRESSIONAL RECORD — Extensions of Remarks May 23, 2007 2. Why Hon. David Kilgour, former member on the 15th of August, 1947. It should also be Brahmins, Hindus and pro-Brahmins (3+12=15 of parliament, Speaker of the House of Com- noted that there did not exist the word percent), deceived and betrayed the Sikhs of mons, former Secretary of State for Asia and ‘India’ in any dictionary or Encyclopedia of the Sikh Raj of monarch Ranjit Singh, Africa, and the author of the title BE- the English language until the British agent robbed them from their land (partitioned on TRAYAL THE SPY CANADA ABANDONED made the annexation of The Sikh Raj to the the 15th of August, 1947) in the day light, 1994 Prentice Hall Canada Inc., Scarborough, British Empire on the 29th of March, 1849. As along with the Sovereign people of states ON ISBNO–13–325697–9, the title that con- such, the existence of the ‘Indian nation- like Assam, Jammu and Kashmir, tained Chapter 9 and 10, A Bizarre Episode in ality’ until the 29th of March, 1849, was out Hyderabad, Faridkot (now in Punjab), Rome and A Battle For Canada, pp.129–163, of question. The Sikhs were ‘never’ Indian Bikaner (now in Rajasthan), Dalits (who are has not been asked to testify? Hon. Kilgour nationals, as evident from the Indian Con- still used to remove the human waste from writes ‘‘One day, while reading a German stitution 1950, Article 25. The Constitution the households and public places of India), newspaper, I spotted the photograph and de- which Sikhs’ elected representatives ‘re- Adivaasis, etc. scription of a wanted terrorist. I would have jected’ in its draft and final forms in the In- 5. The journalists and writers like Kim known that face anywhere. It was the man dian parliament in 1948, the 26th of Novem- Bolan, George Abraham, Martin Collacott, who had conducted the meeting in Rome, ber, 1949, 1950 and more recently on the 6th of Ian Mulgrew, Bharti Mukeherjee, Clark plotting to bomb some Air India flight. I was September, 1966. The Canadian news media, Blaise, Bill Moyer, etc., are virtually devoid quite positive it was him; his name was Udo along with the international news media and of the ‘Sikhs’ history from the Sikhs’ point Ulbrecht or Albrecht, wanted for many ter- major democratic administrations like the of view’. They are known as staunchly anti- rorist attacks and kidnappings in West Ger- United Kingdom., Canada, United States, Sikh writers and do not get along with the many and Western Europe. I was upset by Australia, etc., never paid any attention on Canadian and/or American Sikhs, simply be- the whole thing and decided I wanted out of the ‘‘Sikhs’’ Struggle for Independence’’ for cause they are ‘devoid’ of the Sikh history. West Germany as soon as I had done my the reason only known to themselves. Vol- Indeed, they are well known anti-Sikh writ- time.’’ In Hon. Kilgour’s title, he further umes of books and tens of tons news dis- ers. Why are they anti-Sikhs and write writes ‘‘He was greeted in English, heavily patches have been made by the journalists against the Sikhs, it is only known to them. accented with German, and led into a larger virtually ‘devoid’ of the Sikhs’ Struggle for They cannot exonerate themselves from the room where a number of men were already Sovereignty and Sikhs’ status in the Indian ‘anti-Sikh’ renowned journalists or writers seated and smoking. There were two Sikhs Constitution 1950 Article 25. which pro- for the reasons only known to them. wearing traditional turbans, another pair claimed the alleged Indian state as the Re- 6. Madam Kim Bolan and other Canadian who looked Italian, Paszkowski and the Ger- public of India. journalists, with the exception of well re- man, who chaired and greeted them in Under the umbrella of democracy (or spected Zuhaire Kashmeri and Brian English as all of them spoke the language Brahmins autocracy), India has killed more McAndrew, never understood the Canadian with differing levels of fluency. The German than 2.3 to 3.2 million Sikhs; over 500,000 Sikh psyche. Why is it so? Only Madam Kim spoke of the need for international co-oper- Muslims in general; more than 100,000 Mus- Bolan, other journalists and one Narula of ation and how important the mission was for lims of the Internationally Disputed Areas of the Asia Watch may explain their position, if each of their respective governments. He Jammu and Kashmir; over 300,000 Christians; they so desire. stressed that the group must work closely tens of thousands of Dalits; 15,000 Tamils, 7. It goes without doubt that Indian intel- together. ‘‘Some of the tasks,’’ he said, thousands of Assamese and other non-Brah- ligence penetrated Canada in 1980s. This was ‘‘might appear strange or even incomprehen- min, non-Hindu minorities, since 15th Au- done to provide cover for the Indian adminis- sible to you. Don’t worry about that. Let it gust, 1947. What kind of democracy in India tration’s intended ‘attack on the Sikhs’ be the concern of those who sent you here. is this which kills its own citizens? There are Darbar Sahib Complex (mistakenly known as Your role is to carry out orders to the letter other democracies in our world, like the the Golden Temple Complex), which includes without asking questions.’’ Everyone sat United States, Canada, United Kingdom, the Supreme Seat of Sikh Polity, The Akal quietly and listened intently. ‘‘The job at Australia and others. Has anyone of these Takht Sahib, Amritsar, in the name of a bru- hand is, with the use of explosives, to blow countries killed its own citizen(s)? How tal Indian military ‘‘Operation Bluestar’’ of up an Air India plane in Europe. Lives will many Brahmins, Hindus or pro-Brahmins June, 1984. This was not only an ‘undeclared’ be lost but we must not think about it . . . India and its armed forces killed since its in- war on the Sikh Nation, Punjab, but it was Each of you will be supplied with documents ception? carried out to ‘Exterminate The Sikh Iden- allowing you to move freely in Europe, weap- I would like to hear from the journalists tity and The Sikh Faith’. One may ask the ons, explosives, money and detailed instruc- like Madam Kim Bolan on the genocides of question did Indian administration succeed? tions. I will meet with each of you person- the Sikhs, Muslims, Christians, Kashmiris The answer is ‘No’; it failed miserably. Their ally to supply you with all these. Wait for and other non-Brahmin and non-Hindu mi- penetration made the life of the Sikhs of me and be prepared for action at any time.’’ norities carried out by the Indian democ- Canada no less than a hell. Did anybody, es- 3. Under the guise of ‘Democracy’, the In- racy? Does she have any information or has pecially the Canadian journalists, with two dian administrations of post-15th of August, she written even a single word on India car- exceptions, pay any attention to Sikh na- 1947 era ((JL Nehru to Manmohan Sinh) and rying out genocides of non-Brahmin and non- tionals of Canada? Every Sikh, who is the before becoming the political masters of the Hindus since the 15th of August, 1947? Or, follower of the Sikh religion, believes in the British Empire later known as the British else she loves writing against the Sikhs. Canadian way of life, Canadian law, Cana- India Empire, the Brahmins/Hindus (neither For Madam Kim Bolan and her national dian policy of multiculturalism provided by a religion nor a culture; see Dalit Voice, and international colleagues written specifi- the administration of the Right Honourable Dalit Sahitya Akademy, Bangore, and other cally or generally on the ‘fake hijacking’ Pierre Elliot Trudeau and Canadian values. Sikh and non-Sikh academics), betrayed the carried out by the RAW of India (they must Whereas, the Indian administration delib- international community and the Sikhs of examine the archives of the All India Radio, erately made the Sikhs as ‘terrorists’; on the Punjab, now the State of Punjab (under the if they pretend to be unaware of the activi- 10th of October, 1947, just 7-weeks post of the occupation of the alleged Indian democracy, ties of the Indian personnel of RAW and 15th of August, 1947; the Indian administra- since the 15th of August, 1947). It must be other agencies). tion of JL Nehu and VB Patel and their man, noted that the Sikh Raj of monarch Ranjit The author was wondering if Madam Kim Chandulal Trivedi in Punjab ‘declared’ the Singh, 1799 to 14th March, 1849, was the first Bolan and her journalistic colleagues know ‘‘Sikhs as lawless people’’ in a secret memo. Secular and Sovereign country of South that the ‘first hijacking’ of South Asia’ was The writer is citing only a few major points Asia. The Sikhs lost to the British Empire’s carried out by two ‘Brahmin’ brothers (the out of numerous. forces led by General Gilbert on the 14th of Pandey brothers), to secure the release of 8. Considering the penetration of Indian in- March, 1849. As such, the ‘‘Struggle To Re- their Congress leader Indira Gandhi from a telligence in 1980s, not only the RAW per- gain Their Lost Sovereignty, Independence jail. Indira Gandhi awarded them, the sonnel (Research and Analysis Wing), but the and Political Power of the Sikhs began, by Brahmins, with her Congress’ nominations Indian administration made use of Sikhs, es- peaceful means taught by their 10 Masters/ to the UP Legislative Assembly. These pecially Akalis like Gurcharan Singh Tohra, Gurus (from Guru Nanak Sahib to Guru criminals were made the ‘law makers’. When Harchand Longowal, Balwant Ramoowalia, Gobind Singh ji) right on the day they lost criminals are made the law makers inten- Prakash Singh Badal, Balwant Singh, Dr to the British Empire’s forces.’’ ‘‘The new tionally, then what could be expected in a Jagjit Singh Chohan (now deceased), Maj- territory of the British Empire remained democratic country, so to speak? Gen Jaswant Bhullar, M S Sidhu, Didar ‘status less’ but on the 29th of March, 1849, Madam Kim Bolan and other journalists Singh Bains of the United States, Prabhu the British agent made a proclamation that must read Congressman Dan Rohrabacher of Dayal Singh, Harjinderpal Singh Nagra and the newly conquered ‘Sikh Raj’ is ‘‘annexed’’ California’s remarks appeared in the United Akalis (correspondence between R K Dhawan but not ‘‘amalgamated’’ to the British Em- States Congressional Records of the House of of 1, Safdarjang Road, New Delhi; the 30th of pire for the ‘administration purpose only’. It Representatives that ‘‘For the Sikhs, Chris- January—April 25, 1984; please see should be noted that the status of the Sov- tians, Muslims and other non-Hindu minori- Chakravyuh Web of Indian Secularism by ereign and Secular Sikh Raj of Monarch ties, India might as well be a Nazi Ger- Gurtej Singh 2000 ISBN81–85815–14–3). Ranjit Singh remained as ‘‘annexed’’ terri- many.’’ When democratic administrations employ tory and ‘not’ the art of India under British 4. A community, which is less than 15 per- their ‘state intelligence’ against their own Empire or the time British exit from India cent of the total population of India, i.e., the citizens, then what is the guarantee that any

VerDate Aug 31 2005 06:16 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\E23MY7.REC E23MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 23, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1127 individual or state appointed commission CONGRATULATING ROMAN YAVICH man was caught with a revolver at the Akal will find a way to deliver its ‘just’ judgment? Takht Sahib. His revolver fell on the ground. I could write more but I should conclude HON. THOMAS G. TANCREDO He was manhandled by the Sikhs there. my writing by elaborating that (i) the Indian No one is allowed to take firearms inside OF COLORADO missions’ employees/intelligence workers, the Golden Temple. By doing so, this police- who have since been declared persona non IN THE HOUSE OF REPRESENTATIVES man violated the Maryada of the Golden grata or left Canada should be summoned Wednesday, May 23, 2007 Temple. The shameful Akali government has allowed undercover policemen to desecrate back by the commission to question them. I Mr. TANCREDO. Madam Speaker, I rise have my doubts that the ‘Diplomatic Immu- the Golden Temple. The Khalsa Panth con- nity’ may play its stumbling block’s role and today to pay tribute to one of my constituents, demns this with full force. nothing constructive will come out from any Mr. Roman Yavich of the University of Colo- Chief Minister Parkash Singh Badal should commission; (ii) the Indian administrations’ rado, Boulder. Mr. Yavich is an economic de- be removed from his position and the Akal notoriousness is responsible for the Air India velopment student and is a recipient of the Takht Jathedar should censure him for his disaster of 1985; (iii) in fact, there should be prestigious Fulbright Award. This grant is sacrilege and violating the Rehat Maryada of an International Commission to explore and given to promising individuals to aid them in the Akal Takht. The Indan government is determined to de- examine the terrorism, persecution, atroc- their academic and cultural pursuits abroad. ities, human rights violations, and genocides stroy the Sikh religion by any and all The Fulbright Program was established by means. They are trying to create sects in the committed by the democratic India. I am of Congress in 1946 and is sponsored by the the opinion that Sirdar Gurtej Singh, IAS & Sikh religion, such as Dera Sucha (Jhutha) U.S. State Department. This program was de- Sauda, Nirankari, Radswami, and other such IPS (formerly), Professor of Sikhism and signed to help build mutual understanding be- Editorial Advisor of the International Jour- cults. After Guru Gobind Singh there is no nal of Sikh Affairs ISSN 1481–5435 may shed tween Americans and the global community. living guru, as the heads of these sects claim much needed light to the Commission of Jus- Individuals who are awarded this distinction to be. That is contrary to the Sikh religion. tice John Major. All in all, Indian adminis- have demonstrated outstanding academic or It is blasphemous. These Deras are a cancer trations have been responsible not only of professional achievement and have proven on the Sikh religion. They must not be al- the Air India Flight 182, but also of other hu- themselves as leaders in their field. lowed to spread their cancer and the violence manitarian problems, such as Manorama of that they bring among the Sikhs. Madam Speaker, please join me in paying Guru Gobind Singh Sahib bestowed the Assam, who was raped by the Indian Armed tribute to Mr. Yavich and wishing him the best guruship on the Guru Granth Sahib and for personnel in Assam (Assam situation dis- in his future endeavors. political decisions transferred power to the cussed at the 5th United Nations Human Panj Piaras (the Five Chosen Ones.) This Rights Council, Geneva, Switzerland in f desecration of Sikhism cannot be allowed to March 2007). INDIAN POLICEMAN IN GOLDEN continue. It will only stop when we free Best wishes and warmest regards. TEMPLE WITH A REVOLVER Khalistan from Indian occupation. Sincerely, Badal blames Captain Amarinder Singh for AWATER SINGH SEKHON, HON. EDOLPHUS TOWNS this situation. He cannot shirk his own re- Managing Editor and Acting Editor in Chief. sponsibility. As Chief Minister, he is respon- OF NEW YORK sible for law and order. He should prosecute IN THE HOUSE OF REPRESENTATIVES f this baba and such cult leaders and close all Wednesday, May 23, 2007 Deras in Punjab. If he won’t do it, the Khalsa PERSONAL EXPLANATION Mr. TOWNS. Madam Speaker, Indian po- Panth will and we will find new leaders who can serve the interests of the Khalsa Panth, liceman in temple with revolver is not the solu- not the Indian government. HON. KENNY C. HULSHOF tion to a game of Clue, it’s the latest outrage Sikhs should have known better. In 1984, it out of India. As we approach the 23rd anniver- OF MISSOURI was this Akali party and this Akali leader- sary of India’s brutal military attack on the ship of Badal, Tohra, and Longowal who in- IN THE HOUSE OF REPRESENTATIVES Golden Temple, the center of the Sikh culture vited the Indian army into the Golden Tem- Tuesday, May 22, 2007 and religion, an undercover Indian policeman ple. If anyone attacks the Golden Temple, was found carrying a revolver into the Golden Sikhs can never forgive or forget it. The Mr. HULSHOF. Madam Speaker, unfortu- Temple, where these kinds of weapons are Congress Party attacked the Golden Temple; nately, I missed last night’s rollcall votes. Had prohibited. It was discovered when the gun fell they should not be supported by the Khalsa I been present, I would have voted ‘‘aye’’ on Panth. It was the Akalis who invited them out of his pocket. I shudder to think what he in. They should also be rejected. We need H.R. 698, the Industrial Bank Holding Com- may have been intending to do with it. pany Act of 2007 and ‘‘aye’’ on H.R. 1425, to new Sikh leadership which can deliver a sov- The chief minister of Punjab, Paraksh Singh ereign, independent Khalistan to the Sikh designate the facility of the United States Badal, did nothing about this outrage because Nation. Postal Service in Odessa, Texas, as the ‘‘Staff he is in bed with the Indian Government and Power resides in the Khalsa Panth. Sikhs Sergeant Marvin ‘‘Rex’’ Young Post Office in opposition to his Sikh constituents. This in Punjab must shoulder their responsibility. Building.’’ desecration of the Golden Temple is out- Get rid of the present Akali leadership and rageous and a reminder that India remains an establish a new Sikh leadership. If we do not, f occupying power in the Sikh homeland, Pun- if we let this leadership linger, our misery is prolonged and the Sikh Nation suffers more. jab, Khalistan, which declared its independ- ON MOTION TO TABLE THE RESO- It is time to stand up and free the Sikh ence on October 7, 1987. LUTION RAISING A QUESTION OF homeland, Punjab, Khalistan. The Council of Khalistan has published an In 1986, the Sarbat Khalsa was called. The THE PRIVILEGES OF THE HOUSE open letter deploring this desecration of the Sarbat Khalsa formed the Panthic Com- Sikh nation’s most sacred site. It notes that mittee under the leadership of Baba HON. EARL BLUMENAUER this is part of the Indian Government’s ongo- Gurcharan Singh Manochahal (who was later ing effort to destroy the Sikh religion and de- murdered by the Indian government.) It OF OREGON mands that the jathedar of the Akal Takht, passed a resolution for Khalistan on April 29, IN THE HOUSE OF REPRESENTATIVES Joginder Singh Vedanti, censure chief Minister 1986. The Panthic Committee formally declared independence on October 7, 1987. It es- Tuesday, May 22, 2007 Badal for his part in allowing this to occur. tablished the Council of Khalistan at that We cannot continue to support such actions. Mr. BLUMENAUER. Madam Speaker, I do time to serve as the government pro tempore They violate the fundamental religious free- of Khalistan and appointed this humble not support the motion to table the Resolution dom that all free people enjoy. We must take sewadar as President of the Council of regarding Representative MURTHA. My vote is strong action. Cutting off aid and trade until Khalistan. not a statement of judgment on the allegations these kinds of atrocities end would be a good For the past 20 years, I have worked very since I don’t know the facts about what hap- first step. And we should demand a free and hard, along with all the advisors and sup- pened, and that’s exactly the point. The issue fair vote in Khalistan, in Kashmir, in Nagaland, porters of the Council of Khalistan, to deserved debate or a referral to the Ethics and wherever the people seek freedom on the achieve our objective of sovereignty for Committee. If Tom DeLay had been accused Khalistan. Any major event in Punjab since subject of independence. Self-determination is 1984 has been documented in the Congres- of threatening a Democrat on the House floor, the essence of democracy. sional Record in statements by various Mem- I would expect the same. A discussion of a INDIAN POLICEMAN CAUGHT AT AKAL TAKHT bers of Congress. We thank them for their potential violation of House Rules is in order SAHIB WITH REVOLVER support for the independence of Khalistan. if we are going to be the most ethical and Just a few days ago, the Tribune of Congressional hearings were held in the U.S. transparent Congress in history. Chandigarh reported that an Indian police- Congress by Rep. Ben Blaz, Rep. Dan Burton,

VerDate Aug 31 2005 06:16 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\E23MY7.REC E23MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1128 CONGRESSIONAL RECORD — Extensions of Remarks May 23, 2007 and others on human-rights violations and One of the airport’s functions is to serve as Sant Jarnail Singh Bhindranwale, who was the independence of Khalistan. Special or- a ‘‘reliever’’ airport for the Greater Rochester killed in the attack, predicted, it laid the founders of the U.S. Congress on human-rights area. The airport is also utilized by local indus- dation for the liberation of the Sikh homeland, violations and the independence of Khalistan tries as well as the United States Coast Khalistan. have been conducted. The Indian government This brutal attack was a desecration of the is trying to alter the Sikh history in Punjab Guard. since 1984. They will not succeed because it On behalf of the citizens of the 25th Con- Sikh religion and culture and a bitter reminder is preserved in the library of the U.S. Con- gressional District of New York, I congratulate that there is no place for Sikhs or other minori- gress. It will lie there safely for a long time. the Williamson-Sodus Airport for its 50 years ties in Hindu India. They are simply used for Students of history will find the true story of operation and achievements. the greater glory of the Brahmins. of what happened to the Sikh Nation since The Council of Khalistan, which will be lead- f 1984. ing a commemorative demonstration across Khalsa Ji, the time has come for Sikhs to PERSONAL EXPLANATION from the White House on June 2, has pub- unite and free Khalistan. Remember the lished an excellent open letter on the mas- words of Guru Gobind Singh, ‘‘I grant sov- HON. MICHAEL K. SIMPSON sacre. ereignty to the humble Sikhs.’’ Freedom is If we want to put an end to ongoing repres- the birthright of all people and nations. It is OF IDAHO sion, Madam Speaker, we should support also granted by our Gurus. The Indian gov- IN THE HOUSE OF REPRESENTATIVES ernment is so afraid that it is planting independence for all the nations of South agents in Gurdwara committees and organi- Wednesday, May 23, 2007 Asia. We should go on record in support of a zations that fight for Khalistan. It is cre- Mr. SIMPSON. Madam Speaker, on rollcall free and fair plebiscite, monitored, on the question of independence for Khalistan, Kash- ating Deras and planting agents in the Gold- No. 385, to suspend the rules and pass H.R. en Temple to try to stoke violence. It is ar- mir, Nagaland, and all the nations of the sub- 1425, the Staff Sergeant Marvin ‘‘Rex’’ Young resting Sikh activists for protesting a statue continent. We should stop trading with India Post Office Building, I was unavoidably de- of the repressive, murderous Beant Singh, and providing it aid until it respects the basic tained and unable to vote. Had I been present, who was responsible for the murder of over right to self-determination and all human rights 50,000 Sikhs and the secret cremation of I would have voted ‘‘aye.’’ for all its people, whether Brahmin or Dalit, their bodies by declaring them ‘‘unidenti- f fied’’, as well as the murders of Sardar whether Hindu, Sikh, Christian, Muslim, or Jaswant Singh Khalra, who exposed that CONGRATULATING DARIA VAN whatever. We send India development aid, brutal policy, and Jathedar Gurdev Singh TYNE Madam Speaker, and it puts just 2 percent of Kaunke, or for making pro-Khalistani its development budget to education and just speeches and raising the flag of Khalistan. 2 percent to health, but 25 percent to nuclear Beware of Sikh leaders who do the bidding of HON. THOMAS G. TANCREDO development! Remember that India began the the Indian government. OF COLORADO nuclear escalation in South Asia. Just the other day in the Southall IN THE HOUSE OF REPRESENTATIVES 23RD ANNIVERSARY OF GOLDEN TEMPLE Gurdwara in the United Kingdom, Sikh ATTACK youth took control of the stage when the Wednesday, May 23, 2007 DEAR KHALSA PANTH: Next month marks present management, which is under the Mr. TANCREDO. Madam Speaker, I rise the 23rd anniversary of the Indian govern- control of the Indian Embassy, refused to do today to pay tribute to one of my constituents, ment’s brutal attack and desecration of Ardas for Shaheed Bhai Kanwaljit Singh, Ms. Daria Van Tyne of Vassar College. Ms. Darbar Sahib, the Golden Temple complex in who was killed by followers of the cult leader Amritsar. Sikhs must never forget or forgive Ram Rahim when he went to confront them. Van Tyne is a biology student and is a recipient of the prestigious Fulbright Award. This this atrocity. Remember that the Indian We must replace these management commit- troops shot bullet holes into an original copy tees with pro-Sikh, pro-Khalistani manage- grant is given to promising individuals to aid of the Guru Granth Sahib, written in the ments. them in their academic and cultural pursuits time of the Gurus. They took over 100 young Khalsa Ji, the time has come. Take respon- abroad. Sikh boys, ages 8 to 13, out into the court- sibility and rise to the occasion. Work for The Fulbright Program was established by yard of the complex and asked them if they the freedom of Khalistan so that the Sikh re- Congress in 1946 and is sponsored by the supported Khalistan. When they answered ligion can flourish and the Sikh Nation can U.S. State Department. This program was de- ‘‘Bole So Nihar’’, they were shot to death. live with honor and dignity. Only then can Thirty seven (37) other Gurdwaras were si- the future of the Khalsa Panth be bright. Re- signed to help build mutual understanding between Americans and the global community. multaneously attacked. In all, more than member the words of the former Jathedar of 20,000 Sikhs were killed in that operation. the Akal Takht Sahib, Professor Darshan Individuals who are awarded this distinction This kind of brutality makes it clear that Singh, that ‘‘If a Sikh is not a Khalistani, he have demonstrated outstanding academic or there is no place for Sikhs in India. is not a Sikh.’’ Let us show true Sikh spirit. professional achievement and have proven Since that horrible four-day operation, We must rise up and free Khalistan now. themselves as leaders in their field. which took place from June 3 through 6, 1984, f Madam Speaker, please join me in paying over a quarter of a million Sikhs have been tribute to Ms. Van Tyne and wishing her the murdered at the hands of the Indian govern- HONORING THE 50TH ANNIVER- ment, according to figures compiled by the SARY OF THE WILLIAMSON– best in her future endeavors. Punjab State magistracy and human-rights SODUS AIRPORT f groups. More than 52,000 are being held as political prisoners, according to a report by the 23RD ANNIVERSARY OF GOLDEN Movement Against State Repression. They HON. JAMES T. WALSH TEMPLE ATTACK are held without charge or trail, many since OF NEW YORK 1984. We demand the immediate release of all IN THE HOUSE OF REPRESENTATIVES HON. EDOLPHUS TOWNS political prisoners and a full accounting for Wednesday, May 23, 2007 those who may have died in custody. OF NEW YORK Instead, our highest institutions—the Mr. WALSH of New York. Madam Speaker, IN THE HOUSE OF REPRESENTATIVES Golden Temple, the Punjab government, the I rise today in honor of the 50th anniversary of Wednesday, May 23, 2007 Akali Dal, and others—remain under Indian the Williamson-Sodus Airport. The airport’s control. Our homeland, Khalistan, remains history dates back to May 9, 1957, when Mr. TOWNS. Madam Speaker, the begin- under Indian occupation 20 years after de- members of the Williamson Flying Club, Inc. ning of June marks the 23rd anniversary of In- claring its independence from India. Half a purchased a half-mile parcel of land in the dia’s military attack on the Golden Temple in million Indian troops continue to enforce the peace of the bayonet in Punjab, Khalistan. Town of Sodus. Amritsar, which is the seat of the Sikh religion. Remember the words of Narinder Singh, a The Williamson-Sodus Airport was an It occurred from June 3 through June 6, 1984. spokesman for the Golden Temple, to Amer- 1,800-foot runway that was seeded in July Many other Sikh Gurdwaras were attacked at ica’s National Public Radio: ‘‘The Indian 1957. Over the years the runway was up- the same time in what was known as Oper- government, all the time they boast that graded and is now a 3,800 ft. hard-surface as- ation Bluestar, which killed over 20,000 Sikhs. they are democratic, that they are secular, phalt runway with modern lighting and That was the beginning of a genocide in which that they have nothing to do with a democ- taxiways and is always under improvement. over 250,000 Sikhs were killed. racy, nothing to do with a secularism. They just kill Sikhs just to please the majority.’’ Operated by the Williamson Flying Club, Inc., During the attack, young Sikh boys, ranging Sant Bhindranwale told us that the attack the Williamson-Sodus Airport has tremen- in age from 8 to 13 years old, were taken out- would ‘‘lay the foundation of Khalistan.’’ In- dously grown to serve the various needs of side and shot to death. Other soldiers bravely deed, it did. On October 7, 1987, Khalistan de- the community. shot bullets into the Sikh holy scriptures. As clared its independence. We must use this

VerDate Aug 31 2005 06:16 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\E23MY7.REC E23MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 23, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1129 anniversary to rededicate ourselves to re- activity. And we must honor the spirits of Synowiez; No. 40, John Stanistreet; No. 41, claiming that freedom that is our birthright. Bhindranwale and all the others killed at the Mike Fahey; No. 42, Spencer Mallia; No. 43, In 1986, Harcharan Singh Longowal struck Golden Temple and the 37 other Gurdwaras Greg Haney; No. 44, Sean McCauliffe; No. 45, the Rajiv-Longowal Accord, in which India by launching a Shantmai Morcha to liberate promised to return the capital city of our homeland, Khalistan, once and for all. Dustin Jacobsen; No. 48, Clinton Kennedy. Chandigarh, which Sikhs built, and the Until then, we will continue to suffer under f Punjabi-speaking areas of Himachal Pradesh India’s brutal repression. Let’s see to it that PERSONAL EXPLANATION and Haryana, which were kept out of Punjab our Sikh brothers and sisters finally enjoy in 1965. Twenty-one years later, India has not the glow of freedom. I ask Sikhs of all shades kept that promise. and political affiliations to join hands to free HON. MICHAEL K. SIMPSON India has a long history of not keeping its Khalistan. Remember the words of the OF IDAHO promises. It promised the people of Kashmir former Jathedar of the akal Takht Sahib, a plebiscite on their status in 1948 and the Professor Darshan Singh, that ‘‘If a Sikh is IN THE HOUSE OF REPRESENTATIVES vote has never been held. Nor has it kept its not a Khalistani, he is not a Sikh.’’ Wednesday, May 23, 2007 promises to the people of Nagaland. Instead, Sincerely, Mr. SIMPSON. Madam Speaker, on rollcall Nehru said that even if he had to put a sol- DR. GURMIT SINGH AULAKH, dier under every tree, he would never allow President, No. 384, to suspend the rules and pass H.R. a free Nagaland. The Indian government has Council of Khalistan. 689, the Industrial Bank Holding Company killed over 90,000 Kashmiri Muslims, over f Act, I was unavoidably detained and unable to 300,000 Christians in Nagaland, tens of thou- vote. Had I been present, I would have voted sands of Muslims and Christians elsewhere in HONORING THE ONONDAGA COM- ‘‘aye.’’ the country, and tens of thousands of Assam- MUNITY COLLEGE LAZERS ese, Bodos, Dalits, Manipuris, Tamils, and f other minorities. Tens of thousands more of MEN’S LACROSSE TEAM them continue to be held as politica1 pris- CONGRATULATING KAMLEH oners, according to Amnesty International. HON. JAMES T. WALSH SHABAN Is that a democracy? These facts underline OF NEW YORK the necessity to free our homeland, IN THE HOUSE OF REPRESENTATIVES HON. THOMAS G. TANCREDO Khalistan, now, and to support freedom for OF COLORADO all the people of South Asia. Wednesday, May 23, 2007 Remember the words of Guru Gobind IN THE HOUSE OF REPRESENTATIVES Mr. WALSH of New York. Madam Speaker, Singh, ‘‘In grieb Sikhin ko deon Patshahi.’’ Wednesday, May 23, 2007 (‘‘I grant sovereignty to the humble Sikhs.’’) I rise today in tribute to the Onondaga Com- Freedom is the birthright of all people and munity College Lazers Lacrosse team, 2007 Mr. TANCREDO. Madam Speaker, I rise nations. It is also granted by our Gurus. National Junior College Athletics Association today to pay tribute to one of my constituents, When I visited Pakistan in November for Men’s Lacrosse Champions. Onondaga Com- Ms. Kamleh Shaban of Doane College. Ms. Guru Nanak’s birthday, the Prime Minister munity College, OCC, defeated Nassau Com- Shaban is a public health student and a recipi- of Pakistan, Shaukat Aziz, offered to build a munity College by a score of 21–14, giving the ent of the prestigious Fulbright Award. This road from Kartarpur (where Guru Nanak left this world) to the border if India will build school their second consecutive men’s la- grant is given to promising individuals to aid their portion. They even offered to build a crosse national title. them in their academic and cultural pursuits fence if India wants one. With this road, The Lazers have an excellent track record abroad. Sikhs could go, and visit this holy site with in college lacrosse. For the past 7 consecutive The Fulbright Program was established by no visa. The Akalis could build this road years, the Lazers have won the Mid-State Ath- Congress in 1946 and is sponsored by the themselves, but they have not done it so far. letic conference title, for the last 3 years they U.S. State Department. This program was de- The spineless Akalis continue to be lapdogs have been Region III Champions, and for the signed to help build mutual understanding be- of Delhi. How could the Akalis join with the last 2 years they have been undefeated and tween Americans and the global community. BJP (the political arm of the RSS) to form a national champions. The OCC Lazers Men’s government when the BJP is determined to Individuals who are awarded this distinction destroy the Sikh religion by any and all Lacrosse program has produced 23 All Ameri- have demonstrated outstanding academic or means at their disposal? We must end Indian cans, and 27 Lacrosse Coaches Association professional achievement and have proven control of our government, society, and in- Academic All Americans. With their display of themselves as leaders in their field. stitutions. That control is what the Golden outstanding athleticism in going undefeated Madam Speaker, please join me in paying Temple attack was designed to cement. We and winning national championships two sea- tribute to Ms. Shaban and wishing her the must stand up and say no. Remember Maha- sons in a row, OCC has certainly established best in her future endeavors. rajah Ranjit Singh, who led a powerful, sec- itself as one of the best junior college lacrosse f ular Sikh state that was independent from teams in history. 1765 to 1849. Let us have a new birth of free- INDIA MUST STOP PROMOTING dom, in our homeland, Khalistan. On behalf of the entire 25th Congressional The Indian government is scared of the District, I congratulate these young men on SECTARIAN VIOLENCE Sikh Nation’s aspiration for freedom. Re- their outstanding athletic achievement and cently, it set off an incident in which Baba praise Head Coach Chuck Wilbur, and Assist- HON. EDOLPHUS TOWNS Gurmit Ram Rahim Singh dressed up as ant Coaches Mike Villano, Joe Villano, and OF NEW YORK Guru Gobind Singh and advertised in the Chris Brim on their team’s success. I look for- IN THE HOUSE OF REPRESENTATIVES newspaper, offering to give Amrit to anyone, ward to another exciting year when the Lazers a function reserved for the Panj Piaras after Wednesday, May 23, 2007 Guru Gobind Singh baptized them. In addi- take the field to defend their title in 2008. tion, it recently put up a statue of Beant No. 1, Brooks Robinson; No. 2, Jerome Mr. TOWNS. Madam Speaker, India is Singh, former Chief Minister of Punjab, who Thompson; No. 3, Dan Casciano; No. 4A/37H, again promoting sectarian violence in pursuit presided over the killing of a majority of the Jeremy Thompson; No. 5, Holdon Vyse; No. of its continued control of the Sikhs and other 250,000-plus Sikhs who have been murdered. 6, Lee Nanticoke; No. 7, Jack Redmond; No. minorities. A fake baba named Baba Gurmit Simranjit Singh Mann and Wassan Singh 8, Kent Squires-Hill; No. 9, Nick Larocca; No. Ram Rahim Singh, who is sponsored by the Zaffarwal were arrested for peacefully pro- 10, Logan Kane; No. 11, Isaiah Kicknosway; Indian government, created a sect called Dera testing the statue. In 2005, 35 Sikhs were ar- No. 12, Thomas Anthis; No. 13, Andy Lamb; Sacha Sauda, one of many sects set up to di- rested for making speeches and raising the flag of Khalistan. All these repressive acts No. 14, Joe Taylor; No. 15, Lee Thomas; No. vide the Sikh people. He took out a news- are in the spirit of the Golden Temple attack 16, Bill Walton; No. 17, Ross Bucktooth; No. paper ad in which he dressed up as Guru and continue the repression. They are evi- 18, Sean Griffin; No. 19, Pat DiMatteo; No. 20, Gobind Singh and offered to perform the rite dence that we must free Khalistan now. PJ Motondo; No. 21, Nick Kazimer; No. 22, of Amrit, which not anyone can perform, for Let us remind the Indian government that Cody Jamieson; No. 23, Keith Tomazic; No. anyone who contacted him. Performing this we have not forgotten the atrocities com- 24, Tyler Hill; No. 25, Cody Dummer; No. 26, rite is reserved for specific religious leaders. mitted against the Khalsa panth at the Gold- Adam Rivers; No. 27, Kasey Fellows; No. 28, This ad caused massive protests, as it was en Temple and from then on. It is time to reclaim our freedom. India must act like the Josh Groth; No. 29, Steve Prosonic; No. 30, an insult to the Sikh religion. Those dem- democracy it claims to be and grant a free Kris Frier; No. 31, Wade Bucktooth; No. 32, onstrations turned violent. A man named and fair plebiscite on the issue of Khalistan Kyle Wenzel; No. 33, Padraic McKendry; No. Kanwaljit Singh was murdered by the followers under international supervision. It must stop 34, Pat Dwyer; No. 35, Brian Buckley; No. 36, of the Dera when he went there to confront arresting Sikh activists for peaceful political Fred Bush; No. 38, Kyle Turbe; No. 39, James them about Ram Rahim’s behavior.

VerDate Aug 31 2005 06:16 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E23MY7.REC E23MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1130 CONGRESSIONAL RECORD — Extensions of Remarks May 23, 2007 This marks an ongoing practice of pro- Punjab Civil Magistracy as writing ‘‘if we Again, I urge all of my colleagues to support moting violence in the minority communities so add up the figures of the last few years the H. Res. 413. as to divide and rule them. As they did in Gu- number of innocent persons killed would run into lakhs [hundreds of thousands.]’’ The In- f jarat a few years ago, the Hindu government dian government has murdered over 250,000 set in motion bloodshed to keep the minority TRIBUTE TO ASH GROVE Sikhs since 1984. more than 300,000 Christians CHRISTIAN CHURCH community—Muslims then, Sikhs now—di- in Nagaland, over 90,000 Muslims in Kashmir, vided. tens of thousands of Christians and Muslims Madam Speaker, this is reprehensible, un- throughout the country, and tens of thou- HON. JOHN SHIMKUS acceptable, and undemocratic. It is outrageous sands of Tamils, Assamese, Manipuris, and OF ILLINOIS others. The Indian Supreme Court called the behavior for any government and it should not IN THE HOUSE OF REPRESENTATIVES be supported by countries like ours. We must Indian government’s murders of Sikhs Wednesday, May 23, 2007 stop aid and trade with India and we must ‘‘worse than a genocide.’’ ‘‘Only in a free Khalistan will the Sikh Na- Mr. SHIMKUS. Madam Speaker, I rise today support freedom for Khalistan and the other tion prosper and get justice,’’ said Dr. nations seeking their freedom from Indian rule. Aulakh. ‘‘When Khalistan is free, we will to honor Ash Grove Christian Church in rural The Council of Khalistan put out a good have our own Ambassadors, our own rep- Windsor, IL, on the 175th anniversary of its press release condemning the Indian govern- resentation in the UN and other inter- founding. The church will be celebrating this ment’s incitement of sectarian violence. national bodies, and our own leaders to keep historic occasion with a special service and COUNCIL OF KHALISTAN CONDEMNS PROMOTION this sort of thing from happening. We won’t program on June 3, 2007. OF SECTARIAN VIOLENCE BY INDIA be at the mercy of the brutal Indian regime Ash Grove Christian church was founded in and its Hindu militant allies,’’ he said. ‘‘De- WASHINGTON, DC, May 16, 2007.—The Coun- June of 1832 with John Storm Sr. as pastor. mocracies don’t commit genocide. India cil of Khalistan condemned the recent vio- The church started with only 18 members. Ash should act like a democracy and allow a lence in Punjab, sparked by an advertise- plebiscite on independence for Khalistan and Grove Christian Church is the oldest Christian ment in the newspaper by Baba Gurmit Ram all the nations of South Asia,’’ Dr. Aulakh Church in Shelby County and one of the old- Rahim Singh, the head of Dera Sacha Sauda, said. ‘‘We must continue to pray for and est Christian churches in the entire State of Il- in which Baba Gurmit Ram Rahim Singh work for our God-given birthright of free- linois. dressed as Guru Gobind Singh and advertised dom,’’ he said. ‘‘Without political power, re- that he would give Amrit to anyone who Today, the congregation of Ash Grove ligions cannot flourish and nations perish.’’ asked. This is reserved only for the Panj Christian Church still holds traditional Sunday Plaras. This is an insult to the Sikh religion f morning worship services with Jim Dona as and clearly backed by the Indian govern- pastor. RECOGNIZING THE SERVICE OF ment, said Dr. Gurmit Singh Aulakh, Presi- I am pleased to congratulate Ash Grove UNITED STATES MERCHANT MA- dent of the Council of Khalistan, the govern- Christian Church on this blessed occasion. My RINE VETERANS ment pro tempore of Khalistan, which leads prayers will be with the congregation as they the struggle for Khalistan’s independence. celebrate this anniversary. May God continue ‘‘There are no Deras or sects in the Sikh SPEECH OF religion. There is only one Sikh religion and to bless Ash Grove Christian Church. Sikh Nation,’’ said Dr. Aulakh. ‘‘Fake Babas HON. JANICE D. SCHAKOWSKY f like Baba Gurmit Ram Rahim Singh are part OF ILLINOIS COUNCIL OF KHALISTAN WRITES of the Indian government’s ongoing effort to IN THE HOUSE OF REPRESENTATIVES weaken the Sikh religion and prevent Sikhs TO CANADIAN JUSTICE MIN- from achieving freedom,’’ he said, Tuesday, May 22, 2007 ISTER ABOUT AIR INDIA INVES- Next month marks the anniversary of the Ms. SCHAKOWSKY. Madam Speaker, I rise TIGATION Golden Temple massacre, Dr. Aulakh noted. in strong support of H. Res. 413, which recog- During that attack, young boys ages 8 to 13 nizes the service of United States Merchant were taken outside and asked if they sup- HON. EDOLPHUS TOWNS ported Khalistan, the independent Sikh Marine Veterans. I encourage all of my col- OF NEW YORK country. When they answered with the Sikh leagues to support this important resolution. IN THE HOUSE OF REPRESENTATIVES United States Merchant Mariners played a religious phrase ‘‘Bole So Nihal,’’ they were Wednesday, May 23, 2007 shot to death. The Guru Granth Sahib, the critical role during World War II, delivering Sikh holy scriptures, written in the time of troops, tanks, food, airplanes, fuel and other Mr. TOWNS. Madam Speaker, as you mow, the Sikh Gurus, were shot full of bullet holes needed supplies to every theater of the war. the government of Canada has undertaken and burned by the Indian forces. The Merchant Mariners were the necessary another investigation into the 1985 Air India Former President Bill Clinton wrote in the link between the supplies that were manufac- bombing. Recently, the Council of Khalistan foreword to Madeleine Albright’s book that Indian forces were responsible for the mas- tured in the U.S. and used overseas. wrote to the Canadian Justice Minister about sacre of 38 Sikhs in 2000 in the village of The Merchant Mariners took part in every that investigation. Chithisinghpora. Recently, two leading Sikh invasion from Normandy to Okinawa and suf- The letter states that ‘‘the Indian govern- activists were arrested for peacefully pro- fered the highest casualty rate of any of the ment continues to try to blame Sikhs for this testing the construction of a statue to honor branches of the Armed Forces. Despite their atrocity, despite the fact that Ripudaman Beant Singh, the late Chief Minister who valiant service, the U.S. Merchant Marines Singh Malik and Ajaib Singh Bagri were ac- presided over the murder of tens of thou- were not included in the 1944 G.I. Bill of quitted by a Canadian judge, who said that the sands of Sikhs. In 2005, 35 Sikhs were ar- Rights. In 1988, they were finally granted vet- witnesses against them were not credible.’’ In rested for making speeches and raising the flag of Khalistan. Sikh farmers are forced by eran status, but some portions of the G.I. Bill the letter, Dr. Gurmit Singh Aulakh, President the government to buy supplies and seeds for have never been made available to the Mer- of the Council of Khalistan, notes that the Ca- unaffordably high prices and forced to sell chant Marines and the lost benefits can never nadian Security Investigation Service (CSIS) their crops well below market prices. be recouped. said at the time, ‘‘if you really want to clear the ‘‘These incidents show that we need to free In April I had the opportunity to deliver testi- incidents quickly, take vans down to the Indian our homeland, Khalistan,’’ said Dr. Aulakh. mony to the Veterans Affairs Committee on High Commission and the consulates in To- ‘‘Remember what former Akal Takht behalf of my constituent, World War II Mer- ronto and Vancouver, load up everybody and Jathedar Professor Darshan Singh said: ‘If a chant Marine veteran Bruce Felknor, urging take them down for questioning. We know it Sikh is not a Khalistani, he is not a Sikh.’’’ A report issued by the Movement Against support of H.R. 23, the Belated Thank You to and they know it that they were involved.’’ State Repression (MASR) shows that India the Merchant Mariners of World War II Act of The Indian Consul General in Toronto, Mr. admitted that it held 52,268 political pris- 2007. I hope that the 110th Congress will Surinder Malik, pulled his wife and daughter oners under the repressive ‘‘Terrorist and enact that important legislation into law as off the flight at the last minute. A friend of his Disruptive Activities Act’’ (TADA) even well. who was a car dealer also cancelled his res- though it expired in 1995. Many have been in I’m so pleased that the Merchant Mariners ervation suddenly. Mr. Malik called in a lot of illegal custody since 1984. There has been no are finally getting the respect and attention information about the case before the incident list published of those who were acquitted under TADA and those who are still rotting they deserve for their service and sacrifice to was even public knowledge, including a tip to in Indian jails. Additionally, according to our country. For more than 40 years, their re- look for an ‘‘L. Singh’’ on the passenger mani- Amnesty International, there are tens of markable and distinguished service has gone fest. ‘‘L. Singh’’ was the name under which thousands of other minorities being held as by virtually unnoticed by our government and one of the bombers held his tickets. The other political prisoners. MASR report quotes the people. was ‘‘M. Singh.’’ Later, a man named Lal

VerDate Aug 31 2005 06:16 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E23MY7.REC E23MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 23, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1131 Singh told the press that he was offered ‘‘two against the Sikhs. The book quotes an inves- Yet the Indian government continues to million dollars and settlement in a nice coun- tigator from the Canadian Security Inves- apply pressure to find some Sikhs guilty of try’’ to give false testimony in the case—an tigation Service as saying, ‘‘If you really the bombing. I am sure that your inquiry want to clear the incidents quickly, take will be conducted with fairness and justice. I offer that Mr. Singh declined. It seems that, as vans down to the Indian High Commission hope that you will find the real culprits and Zuhair Kashmeri and Brian McAndrew, the and the consulates in Toronto and Van- put this matter to rest. The bombing was an Canadian journalists who wrote the definitive couver, load up everybody and take them Indian government operation from the begin- book on the case, Soft Target, noted, ‘‘[Consul down for questioning. We know it and they ning. General] Malik knew more details about the know it that they are involved.’’ If there is anything I can do to assist you, two blasts than did the police investigators.’’ Among many other things, they note that please feel free to contact me. How did this Indian government official know the Indian Consul General in Toronto, Mr. Sincerely, Surinder Malik (no relation to Ripudaman so much so soon? DR. GURMIT SINGH AULAKH, Singh Malik), called in a detailed description President, Council of Khalistan. He also admitted that he fed information to of the disaster just hours later when it took f the Toronto Globe and Mail to make a strong- the Canadian investigators weeks to find er case to blame the Sikhs for the bombing. that information. He told them that they CONGRATULATING DR. SIGMUND This was part of a coordinated Indian govern- should check the passenger manifest for an ROTHSCHILD ment effort to paint the Sikh community as ter- ‘‘L. Singh’’ because he was responsible—be- rorists. fore there was any public knowledge of the bombing! HON. THOMAS G. TANCREDO It is also worth noting that the Sikh group on According to Wikipedia, on June 20, 1985, OF COLORADO whom India has placed the blame all these two days before the flight, ‘‘at 1910 GMT, a IN THE HOUSE OF REPRESENTATIVES years is a group called Babbar Khalsa. It is man paid for the two tickets with $3,005 in heavily infiltrated by the Indian government. cash at a CP ticket office in Vancouver. The Wednesday, May 23, 2007 So by trying to blame Babbar Khalsa, the gov- names on the reservations were changed; Mr. TANCREDO. Madam Speaker, I rise ernment is essentially taking the blame itself. ‘Jaswand Singh’ became ‘M. Singh’ and today to pay tribute to one of my constituents, I recommend to all my colleagues that they ‘Mohinderbel Singh’ became ‘L. Singh.’’’. Note that this is the same name that Consul Dr. Sigmund Rothschild of the University of read this informative letter. General Malik told investigators to look Colorado at Denver. Dr. Rothschild is a music This is just further proof, if any is needed, for—‘‘L. Singh.’’ scholar and is a recipient of the prestigious that India is a regime that will carry out acts It would later come out in newspaper re- Fulbright Award. This grant is given to prom- of terror to promote its own political objectives. ports that a Sikh named Lal Singh told the ising individuals to aid them in their academic Remember that India has killed more than a press that he was offered ‘‘two m111ion dol- and cultural pursuits abroad. quarter of a million Sikhs, according to the lars and settlement in a nice country’’ by The Fulbright Program was established by the Indian regime to give false testimony in Punjab State Magistracy, and hold over the case. Congress in 1946 and is sponsored by the 52,000 of them as political prisoners, accord- Consul General Malik had also pulled his U.S. State Department. This program was de- ing to the Movement Against State Repres- wife and daughter off the flight suddenly at signed to help build mutual understanding be- sion. As I have asked before, why does a de- the last minute, on the feeble excuse that tween Americans and the global community. mocracy need a Movement Against State Re- the daughter had a paper for school. A friend Individuals who are awarded this distinction pression anyway? Amnesty International re- of Consul General Malik’s who was a Car have demonstrated outstanding academic or dealer also cancelled at the last minute. ports that tens of thousands of other minorities According to Kashmeri and McAndrew, professional achievement and have proven are held as political prisoners in India, and it ‘‘Curiously, [Consul General] Malik knew themselves as leaders in their field. has killed over 90,000 Kashmiri Muslims, over more details about the two blasts than did Madam Speaker, please join me in paying 300,000 Christians in Nagaland, and tens of the police investigators. . . . Malik said that tribute to Dr. Rothschild and wishing him the thousands of other minorities as well. while one of the suspects was booked to best in his future endeavors. Japan, the other was booked to Toronto and Why should the American people and gov- f ernment support such a government, espe- onwards to Bombay. He also said that the cially at a time when we are putting our young two checked their bomb-laden bags but did CELEBRATING 100TH BIRTHDAY OF not board the flight themselves. In sum, MRS. MARY PAULINE people on the front lines to fight against ter- Malik had painted a scenario of the double CUNNINGHAM MCNEAL rorism? The time has come to cut off our aid sabotage operation that was a near perfect to Indian, end our trade with them, and put account of what the Mounties would take Congress on record in support of the freedom weeks to fathom. HON. DEBORAH PRYCE movements there. This is the way to peace, [Consul General] Malik continually fed the OF OHIO Globe information pointing to Sikh terror- freedom, prosperity, and stability in South IN THE HOUSE OF REPRESENTATIVES ists as the source of the bombs. He was be- Asia, Madam Speaker. hind another story six days after the crash, Wednesday, May 23, 2007 COUNCIL OF KHALISTAN, this one headlined ‘Air-India pilot reported Washington, DC, May 16, 2007. Ms. PRYCE of Ohio. Madam Speaker, I rise given parcel by Sikh.’.’’ Kashmeri and Hon. ROBERT DOUGLAS NICHOLSON, McAndrew also wrote, ‘‘Malik pressured the today to honor Mary Pauline Cunningham Justice Minister of Canada, Globe to publish this story, adding that it McNeal, and pay tribute to her on her 100th House of Commons, Ottawa, Canada. could be used to make a stronger case for birthday, July 9, 2007. Born in Madison Coun- DEAR MINISTER NICHOLSON: I am writing in blaming the Air-India and Narita bombings ty, OH, Mrs. McNeal now resides in London, regard to your new inquiry into the Air India on the Babbar Khalsa leader. Malik also de- OH. She will gather with her loved ones on Flight 182 bombing of 1985. I see no purpose cried the Canadian system of justice for fail- for this ongoing inquiry. As you know, the July 8, 2007 to celebrate her 100th birthday. ing to come up with a quick solution to the Mrs. McNeal continues to impress her chil- Indian government continues to try to blame bombings. ‘In India we would have had a con- Sikhs for this atrocity, despite the fact that fession by now. You people have too many dren, grandchildren, great- grandchildren, and Ripudaman Singh Malik and Ajaib Singh civil and human-rights laws,’ he com- even great-great grandchildren, with her active Bagri were acquitted by a Canadian judge, plained.’’ lifestyle that includes cooking, yard mainte- who said that the witnesses against them The Sikh organization that the Indian gov- nance, and bingo four to six times a week. As were ‘‘not credible.’’ ernment said was responsible, Babbar a member of the St. Paul African Methodist Shortly after the bombing occurred, two Kahlsa, is and was then heavily infiltrated Canadian journalists, Zuhair Kashmeri of Episcopal Church, she seldom misses Sunday by Indian government operatives at very services, and participates in their annual the Toronto Globe and Mail and Brian high levels of the organization. The main McAndrew of the Toronto Star, wrote an ex- backer of the group had received a $2 million chicken and noodle dinner. Mrs. McNeal is cellent book on the case entitled Soft Tar- loan from the State Bank of India just before also well-known for her delicious lemon pies get, which proves that the Indian govern- the plane was attacked, according to Soft and her famous chicken pie casseroles. ment itself carried out the bombing. This Target. The year after the bombing, three Mrs. McNeal’s vibrant personality and active finding is confirmed in a book by former Indian consuls general were asked to leave lifestyle make her an important part of our Member of Parliament David Kilgour enti- the country. community. Mrs. McNeal serves as an inspira- tled Betrayal: The Spy Canada Abandoned. I In his book, Kilgour wrote that Canadian- tion and joy to those who know and enjoy her urge you to call Mr. Kashmeri and Mr. Polish double agent Ryszard Paszkowski was Mcandrew as witnesses in the inquiry. approached to join a plot to carry out a sec- friendship and love. On this very special occa- Soft Target shows how the Indian regime ond bombing. The people who approached sion, I salute this amazing woman for her long bombed its own airliner in 1985, killing 329 Paszkowski were connected to the Indian life, and her dedication to her family and her innocent people, to justify further repression government. church.

VerDate Aug 31 2005 06:16 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E23MY7.REC E23MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1132 CONGRESSIONAL RECORD — Extensions of Remarks May 23, 2007 RECOGNIZING THE 75TH ANNIVER- As Chief Minister, one of Mr. Badal’s chief leaders like Badal and his friends by liber- SARY OF THE CITY OF BERKLEY, responsibilities is maintaining law and order. ating Khalistan,’’ he said. ‘‘Remember what MICHIGAN Yet he seeks support from this fake religious former Akal Takht Jathedar Professor Darshan Singh said: ‘If a Sikh is not a leader instead of prosecuting him for the dam- Khalistani, he is not a Sikh.’’’ HON. JOE KNOLLENBERG age he has done to the Sikh community and A report issued by the Movement Against OF MICHIGAN to Punjab. State Repression (MASR) shows that India admitted that it held 52,268 political pris- IN THE HOUSE OF REPRESENTATIVES Dr. Gurmit Singh Aulakh, President of the Council of Khalistan, has issued a press re- oners under the repressive ‘‘Terrorist and Wednesday, May 23, 2007 lease condenming Badal’s activities. It shows Disruptive Activities Act’’ (TADA) even Mr. KNOLLENBERG. Madam Speaker, I that chief Minister is allied with the Indian gov- though it expired in 1995. Many have been in illegal custody since 1984. There has been no want to recognize the City of Berkley, in Oak- ernment against the Sikh people. Remember list published of those who were acquitted land County, MI, which is celebrating its 75th that when Badal was chief Minister before, he under TADA and those who are still rotting anniversary this week. This City’s rich history presided over the most corrupt government in in Indian jails. Additionally, according to and enduring perseverance serves as a shin- Punjab’s history. They even renamed bribery Amnesty International, there are tens of ing example of the mettle of all Michiganders. ‘‘fee for service.’’ His wife could tell the thousands of other minorities being held as Before being established as a village in amount of money in a bag just by picking it political prisoners. MASR report quotes the 1823, Berkley was part of a vast forest and up. Punjab Civil Magistracy as writing ‘‘if we add up the figures of the last few years the swamp teeming with quicksand and other per- Only by freeing themselves of Indian rule number of innocent persons killed would run ils. Despite these hardships, settlers pressed will the Sikhs be able to rid themselves of this into lakhs [hundreds of thousands.]’’ The In- on through the wilderness outside of Detroit to kind of anti-Sikh leadership. The U.S. govern- dian government has murdered over 250,000 stake their claims in Berkley. By 1832, the ment can help by stopping aid and trade with Sikhs since 1984, more than 300,000 Christians burgeoning number of settlers arriving in De- India until criminals such as Ram Rahim are in Nagaland, over 90,000 Muslims in Kashmir, troit warranted a stagecoach route that ran prosecuted and all human rights are observed tens of thousands of Christians and Muslims through Berkley on the way to Pontiac. and by putting ourselves on record publicly in throughout the country, and tens of thou- Berkley, along with many other commu- sands of Tamils, Assamese, Manipuris. and support of self-determination for the Sikhs of others. The Indian Supreme Court called the nities, suffered through many adversities dur- Punjab, Khalistan, the Muslims of Kashmir, the Indian government’s murders of Sikhs ing the Great Depression. However, the village Christians of Nagalim, and all the people ’’worse than a genocide.’’ met those challenges head on and established seeking freedom in South Asia in the form of ‘‘The Sikh masses must rise to the occa- a pay-as-you-go plan, spending only what it a free and fair vote. Isn’t that the democratic sion and establish new leadership that works took in, in order to continue to govern respon- way? The people of Kashmir were promised a for the interest of the Khalsa Panth and sibly. Many of the residents became active in vote on their status in 1948. They’re still wait- abides by Sikh tradition,’’ said Dr. Aulakh. local politics, and upon learning of the benefits ‘‘Badal and his son have betrayed the Sikh ing. Rehat Maryada, Sikh principles, and Sikh of becoming a city, the discussion com- tradition. Their leadership must be rejected menced. COUNCIL OF KHALISTAN DEPLORES ANTI-SIKH for the interests of the Khalsa Panth. The After a year of debate and preparation, the BEHAVIOR OF PARAKSH SINGH BADAL Jathedar of the Akal Takht must censure residents of Berkley adopted a city charter, WASHINGTON, DC, May 22, 2007.—The Coun- him for violating the Sikh Rahat Maryada, and elected a mayor and six commissioners. cil of Khalistan condemned the behavior of betraying the Sikh Nation, and defaming the On May 23, 1932, now with a population of Punjab Chief Minister Parkash Singh Badal. Sikh religion,’’ he said. ‘‘Incidents like this 6,000, the City of Berkley was established. It has recently surfaced that before the Pun- test the resolve of the Sikh Nation. The jab elections, Badal and his son Sukhbir With Detroit opening up its factories to Khalsa Panth will never allow the cult babas went to meet with Baba Gurmit Ram Rahim to dare to compare themselves with our re- produce materials at the onset of World War Singh, leader of the Dera Sacha Sauda cult vered Guru Gobind Singh Sahib. who sac- II, the residents of Berkley joined in the war which has brought about so much strife in rificed his whole family for the Chardi Kala effort. In 1946 Berkley had spent more for Punjab. While there, they bowed their heads of the Khalsa Panth,’’ said Dr. Aulakh. ‘‘Re- constructing new facilities and factories than to Ram Rahim. A Sikh is not supposed to member Guru Gobind Singh’s words: ‘Sava any other city in Oakland County. bow except to the Guru Granth Sahib. This is lath se ek laraon, tabe nam Gobind Singh Madam Speaker, today Berkley is a vibrant the moral degeneration of the Akali leader- kahaon.’ Also remember Guru’s blessing, ‘In community in Oakland County that is home to ship. grieb Sikh in ko deon patshahi.’ Only a free Ironically, despite Badal’s begging and over 15,000 residents, a state-of-the-art li- Khalistan will put a stop to occurrences like pleading, Ram Rahim supported the Con- this. We must continue to pray for and work brary, and a bustling downtown district. I congress Party in the recent elections in Pun- for our God-given birthright of freedom,’’ he gratulate them on their 75th anniversary and jab. Now Badal is blaming his predecessor, said. ‘‘Without political power, religions can- wish the residents many more years of pros- Captain Amarinder Singh, for the problem. not flourish and nations perish. The time is perity. Badal didn’t even get votes out of his shame- now to free Khalistan.’’ f ful actions. Perhaps it’s time he paid attention to the Sikhs who elected him rather [From the Panthic Weekly, May 17, 2007] PUNJAB CHIEF MINISTER AT- than the anti-Sikh BJP, his coalition part- BADAL AND FAMILY ARE SACHA SAUDA TACKED FOR ANTI-SIKH BEHAV- ner, and the leaders in Delhi. PREMIS: CULT SPOKESMAN IOR Badal is the Chief Minister. As such, he is Amritsar Sahib (KP)—At a news con- responsible for law and order. Yet he refused ference organized by the Sacha Sauda Cult, to prosecute this fraudulent baba pretending photographic evidence was released indi- HON. EDOLPHUS TOWNS to be Guru Gobind Singh. There are pending cating that as recent as January of 2007, OF NEW YORK charges of murder and rape against Ram Shiromani Akali Dal’s president Parkash IN THE HOUSE OF REPRESENTATIVES Rahim. Why does Badal kowtow to him? Badal, his son Sukhbir Badal, and other ‘‘There are no Deras or sects in the Sikh Wednesday, May 23, 2007 Akalis met with the dehdahri-cult guru religion. There is only one Sikh religion and Ram-Rahim and asked for his blessings. Mr. TOWNS. Madam Speaker, recently it Sikh Nation,’’ said Dr. Gurmit Singh This announcement was made after a large has been discovered that the Chief Minister of Aulakh, President of the Council of Sikh conclave held at Takht Sri Damdama Khalistan. ‘‘Fake Babas like Baba Gurmit Sahib called upon the Sikh Nation to so- Punjab, Parkash Singh Badal, went and met Ram Rahim Singh are part of the Indian gov- with a Punjabi cult leader named Gurmit Ram cially boycott the entire Sirsa cult, and de- ernment’s ongoing effort to weaken the Sikh manded the Punjab and Haryana Govern- Rahim Singh, who claimed to be a baba and religion and prevent Sikhs from achieving ments to take stern action against the cult was recently in the news for dressing up as freedom,’’ he said. ‘‘Sikh leaders should not leader. the last Sikh guru, Guru Gobind Singh, and of- be dignifying them. Badal should be pros- Panthic observers doubt any action would fering Amrit to anyone who called. Amrit is a ecuting this fraudulent baba for these des- be taken by the Akal Takht Jathedars very sacred ceremony in the Sikh religion and picable acts:’ against the Badals, nor will the Punjab Gov- it cannot be done by just anyone. Ram Rahim ‘‘Badal’s conduct is shameful for a Sikh ernment take action against the cult. leader,’’ said Dr. Gurmit Singh Aulakh, also has murder and rape charges pending Parkash Badal’s cozy relationship between President of the Council of Khalistan. ‘‘This the Sauda leader and other similar cults is against him. Yet Mr. Badal went to him and shameful conduct shows that Badal is under now a widely accepted fact. bowed, seeking votes. Ironically, Ram Rahim the complete control of the Indian govern- The recent softening of the tone by came out for Mr. Badal’s political opponents, ment, rather than working for the Sikhs. We Jathedar Joginder Singh Vedanti is an indi- the Congress Party. must free ourselves of corrupt, anti-Sikh cation that he does not want to ruffle the

VerDate Aug 31 2005 06:16 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\E23MY7.REC E23MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 23, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1133 feathers of his Akali bosses. The recent call own pursuits of integrity and honesty as we ognize her leadership within the FBI, and dedi- for a boycott was not what Vedanti wanted— remember a life distinguished by both. cation to her work with the Science-State-Jus- as evidenced by his silence at the meeting— Steve Millard came to Colorado’s Second tice-Commerce (SSJC) Appropriations sub- instead pressure from Jathedar Balwant Congressional District late in life and, at the committee, which I chaired during the 109th Singh Nandgarh and the Sikh Sangat left him no other option. Observers predict ulti- age of 40, began a career in professional jour- Congress. mately it would be the Sikh Sangat that will nalism with the Boulder Daily Camera. In a FBI Director Robert Mueller recently stated rise up against the onslaught of derawaad fairly quick manner Steve transitioned to the that Eleni ‘‘has been directly involved in every that has been flourishing in Punjab under editorial staff of the paper and then to a well- issue facing the FBI over the past five the Akali administration. Photos such as the suited perch as the editorial-page editor, which years. . .’’ and that ‘‘as an advocate for the above should be ample proof for the agi- is perhaps the professional position for which FBI and its mission, Eleni’s abilities and pro- tating Sikh Sangat which side of the fence he will be best remembered. Steve’s editorial fessionalism have earned her the respect of the Akalis and their puppet Jathedars are writing was remarkable not only for its deep both lawmakers and colleagues.’’ I could not really standing on. well of knowledge and insight, but also for its agree more with Director Mueller. Eleni f adherence to logic and restraint. His argu- worked with the SSJC subcommittee not only HONORING COLONEL KATHLEEN M. ments were the results of intellectual curiosity to increase resources for the FBI, but to help SPENCER ON HER RETIREMENT and clear thinking, not the pursuit of a political transform the FBI from an organization fo- FROM THE U.S. AIR FORCE agenda. Steve chose to provoke thought with cused on arresting criminals to one focused reason and forceful writing which, in a time of on terrorism prevention after the September HON. GINNY BROWN-WAITE increased media and political sensationalism, 11, 2001, terrorist attacks that forever is a sobering reminder of the public trust held changed America. Eleni’s public service de- OF FLORIDA in our journalists and public servants. serves to be recognized. IN THE HOUSE OF REPRESENTATIVES As his family reminds us in a May 22 eulogy During her tenure as assistant director of Wednesday, May 23, 2007 in the Boulder Daily Camera, Steve Millard Congressional Affairs the FBI received funding from Congress to establish more than 100 Ms. GINNY BROWN-WAITE of Florida. lived his life by those same terms, setting an joint terrorism task forces; increase the num- Madam Speaker, I rise today to recognize and example of integrity, honesty, and intellectual ber of translators by 82 percent, including a honor Colonel Kathleen M. Spencer, a soldier curiosity for those who had the pleasure of 284 percent increase in Arabic translators who has served her country with honor and knowing him. For members of the Boulder since FY 2001; enhance the FBI’s capability to distinction. Colonel Spencer is retiring at the community and readers of the Boulder Daily communicate classified information with the in- end of this month following 30 years in the Camera, he reminds us of the importance of telligence community and state and local law United States military. engaging in issues as an informed, thoughtful enforcement; increase the number of legal First commissioned in the U.S. Air Force on citizen. As his family and friends mourn their attache´ offices from 44 to 57; increase training June 23, 1977, Colonel Kathleen M. Spencer loss, I hope my colleagues will join me in for new agents to include classes on terrorism received her B.S., cum laude, from the Univer- praising Stephen Millard’s example and recog- investigate techniques; establish field intel- sity of Massachusetts. Upon her entry into the nizing his contribution to the public discourse. ligence groups in every field office, and hire Air Force, she was commissioned a munitions f thousands of new agents and analysts. officer. While I was chairman, we also conducted Colonel Spencer served honorably in 16 dif- CONGRATULATING CASEY LEEK vigorous oversight of the FBI and Eleni was ferent assignments throughout the United cooperative and essential in preparatory work States, including a 3-year stint in Germany. HON. THOMAS G. TANCREDO to help facilitate FBI transformation hearings She will complete her military career as the OF COLORADO each year in addition to the annual budget Chief of Munitions at Hickam Air Force Base, IN THE HOUSE OF REPRESENTATIVES hearings. Her professionalism and willingness Honolulu, Hawaii. Wednesday, May 23, 2007 to ensure that the committee had all appro- During her career, Colonel Spencer served priate information was superior. I also want to as a munitions maintenance officer and super- Mr. TANCREDO. Madam Speaker, I rise recognize Eleni’s work with Congress to help visor, as a munitions staff officer and an in- today to pay tribute to one of my constituents, enact the PATRIOT Act Reauthorization and structor to Squadron Officer School. She has Ms. Casey Leek. Ms. Leek is a student of an- Intelligence Reform acts. also held multiple commander positions, thropology and a recipient of the prestigious Fulbright Award. This grant is given to prom- In short, Eleni has been a great asset to the served as a military assistant to the Executive FBI, has served the director well, and been an Secretary in the Pentagon, as a chief of logis- ising individuals to aid them in their academic and cultural pursuits abroad. excellent resource for Congress. I wish Eleni tics, and deputy director. the best in her future endeavors and ask that Retiring with numerous decorations for her The Fulbright Program was established by my colleagues join me in thanking Eleni for years of service, Colonel Spencer is especially Congress in 1946 and is sponsored by the her hard work and dedication. proud of her Meritorious Service Medal with U.S. State Department. This program was de- four oak leaf clusters, her Air Force Com- signed to help build mutual understanding be- f mendation medal with two oak leaf clusters, tween Americans and the global community. IN HONOR OF TIMOTHY J. CRAD- and the Air Force Achievement Medal. Individuals who are awarded this distinction DOCK, MARGUERITE GABRIELE, Madam Speaker, it is service members like have demonstrated outstanding academic or JESSICA E. SHAY, AND AVI M. Colonel Spencer who help make our military professional achievement and have proven WOLFSON AS THE RECIPIENTS the finest fighting force in the world. This Con- themselves as leaders in their field. OF UNDERGRADUATE RESEARCH gress congratulates Colonel Spencer on her Madam Speaker, please join me in paying FELLOWSHIPS AT THE UNIVER- retirement and wishes her the best in her fu- tribute to Ms. Leek and wishing her the best SITY OF TEXAS AT AUSTIN ture endeavors. in her future endeavors. f f HON. PETE SESSIONS HONORING STEPHEN E. MILLARD RECOGNIZING ELENI P. KALISCH OF TEXAS IN THE HOUSE OF REPRESENTATIVES HON. MARK UDALL HON. FRANK R. WOLF Wednesday, May 23, 2007 OF COLORADO OF VIRGINIA Mr. SESSIONS. Madam Speaker, I rise to IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES acknowledge the accomplishments of Timothy J. Craddock, Marguerite Gabriele, Jessica E. Wednesday, May 23, 2007 Wednesday, May 23, 2007 Shay, and Avi M. Wolfson as the recipients of Mr. UDALL of Colorado. Madam Speaker, I Mr. WOLF. Madam Speaker, I rise today to this year’s Undergraduate Research Fellow- rise today to remember the life of Stephen E. bring the attention of the House to the excep- ships at the University of Texas at Austin. Millard, who passed away on Saturday, May tional work of Eleni P. Kalisch at the Federal They have been selected to receive scholar- 19th, 2007, and to offer his family and friends Bureau of Investigation. It has come to my at- ships to pursue research in their respective my sympathies as they grieve and reflect on tention that she will stepping down as assist- areas of interest. their time spent with him. In his passing, Steve ant director of the Office of Congressional Af- The University of Texas in Austin offers fi- leaves us all with occasion to consider our fairs and I want to take this opportunity to rec- nancial support for students who undertake

VerDate Aug 31 2005 06:16 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E23MY7.REC E23MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1134 CONGRESSIONAL RECORD — Extensions of Remarks May 23, 2007 scholarly research projects through Under- Doug’s father, Andrew Young, was a partner Mr. Reneau began a successful private law graduate Research Fellowships. Since its in- in the business and brought Doug in as a part- practice serving people from all over the city, ception in 1996, the fellowship has remained ner shortly before he passed away. In 1978, conversing both in Polish and Italian with his committed to enriching academic experiences after college and a tour in the U.S. Army, clients. In 1976, Reneau became an Assistant by providing 236 students with over $200,000 Doug became the sole proprietor of the busi- Family Court Commissioner. He was named over the past 10 years to support efforts in ness while in his late 20s. the first African American Family Court Com- their area of study. Today, Doug’s son, Andrew; brother, Rule; missioner in 1978, serving until his retirement After competing in a rigorous application and son-in-law, Jerry Clark, are future part- in 1995. Andrew Reneau was a NAACP chap- process that included resume submissions, ners-in-training. Doug says the tremendous ter president, the first editor of The Globe itemized budget proposals, and faculty rec- amount of trust that exists in having a family newspaper, and was active with the Boy ommendations, these four outstanding stu- business is the way to go. That trust exists not Scouts of America Council and the YMCA. He dents from the 32nd District of Texas were se- only inside the business, but also for City Tile was a founding member of St. James United lected. They were chosen with the anticipation and Floor Covering Company customers, as Methodist Church and involved in the National that their efforts would assist in future studies well. Doug’s family has provided any type of Conference of Christians and Jews. A proud of the field and contribute to the researchers’ flooring you can imagine for current genera- graduate of UW and Marquette, he lectured on disciplines. The high caliber of these students’ tions, their parents and grandparents. family law at both law schools. achievements is truly impressive and for that Doug lived down the street from me as we The grandson of slaves, he was born in I wish to acknowledge them to my congres- were growing up, so I have had the oppor- Pontotoc, Mississippi in 1916, the youngest of sional colleagues. tunity to watch and admire as Doug has devel- eight children. The family moved to Beloit, WI, It is my honor to recognize these students. oped his business and raised his family. Doug, when he was 2 seeking better opportunities. The people of the 32nd District of Texas are I wish you and your family business many Due to ill health, Mr. Reneau was unable to proud of their successes. I wish the recipients more happy milestones. attend grade school for several years thus de- the best of luck in both present and future en- f laying graduation from high school until age deavors. 21. f CONGRATULATING AMY KUENKER Mr. Reneau met the former Phyllis Cabell at a church convention in St. Paul, Minnesota, TRIBUTE TO THE LATE JOSE LUIS and they were married after he graduated FLORES, SR., 1922–2007 HON. THOMAS G. TANCREDO OF COLORADO from UW. Phyllis Reneau supported the family IN THE HOUSE OF REPRESENTATIVES by working at a foundry while he attended law HON. CHARLES A. GONZALEZ school. Phyllis Reneau passed away in 1995. Wednesday, May 23, 2007 OF TEXAS Reneau family survivors include sons David, IN THE HOUSE OF REPRESENTATIVES Mr. TANCREDO. Madam Speaker, I rise Paul, Joseph, and Peter; grandchildren; and Wednesday, May 23, 2007 today to pay tribute to one of my constituents, great-grandchildren. Ms. Amy Kuenker of the College of William Mr. GONZALEZ. Madam Speaker, it is with Madam Speaker, in Andrew Reneau’s death and Mary. Ms. Kuenker is a teaching student great sadness that I rise today to recognize Milwaukee has experienced a profound loss. and a recipient of the prestigious Fulbright the passing of a distinguished Texan and Today, I thank him and his family for their im- Award. This grant is given to promising indi- member of the San Antonio community, Mr. measurable achievements, I mourn his loss viduals to aid them in their academic and cul- Jose Luis Flores, Sr. Mr. Flores passed away and I salute his legacy. tural pursuits abroad. on Wednesday, May 16, 2007 at the age of f The Fulbright Program was established by 84. He was a friend, a husband, a father, and Congress in 1946 and is sponsored by the FREEDOM FOR NORMANDO an inspiration to many in San Antonio, and he ´ ´ U.S. State Department. This program was de- HERNANDEZ GONZALEZ will be missed. Mr. Flores’s life was devoted to service to signed to help build mutual understanding be- both his community and our country. He was tween Americans and the global community. HON. LINCOLN DIAZ-BALART an active parishioner of his church for 47 Individuals who are awarded this distinction OF FLORIDA years, worked tirelessly to improve the lives of have demonstrated outstanding academic or IN THE HOUSE OF REPRESENTATIVES professional achievement and have proven others by serving in the Civilian Conservation Wednesday, May 23, 2007 Corps, and courageously served our nation themselves as leaders in their field. Madam Speaker, please join me in paying Mr. LINCOLN DIAZ-BALART of Florida. during the Second World War. For these rea- tribute to Ms. Kuenker and wishing her the Madam Speaker, I rise to inform Congress sons, we’ll forever be grateful for all that he best in her future endeavors. about Normando Hernańdez Gonza´lez, a val- did on behalf of others, and San Antonio will f iant prisoner of conscience in totalitarian deeply miss one of its native sons. Cuba. His life of service epitomizes the word IN TRIBUTE TO ANDREW R. Mr. Hernańdez, an independent journalist ‘‘American.’’ He gave back to his community RENEAU and the director of the Camaguëy College of and served his country to the best of his ability Independent Journalists in Cuba, has been a with the hope that he could better the lives of chronicler of truth amid the lies and deceit of others. His life and legacy provide a great ex- HON. GWEN MOORE the Cuban totalitarian regime. Because he is a ample for all that we as a Nation to strive to OF WISCONSIN journalist who exposed the deplorable condi- accomplish, and he will be missed by all who IN THE HOUSE OF REPRESENTATIVES tions, ruthless repression and failed policies of were lucky enough to know him. Wednesday, May 23, 2007 the totalitarian tyranny, Castro’s thugs have f Ms. MOORE of Wisconsin. Madam Speak- continuously harassed Mr. Hernańdez. He has HONORING CITY TILE AND FLOOR er, I rise to pay tribute to the life and work of been detained and released miles from his COVERING COMPANY’S 50 YEARS Mr. Andrew Reneau, a highly-respected and home on various occasions and his telephone IN BUSINESS deeply principled Milwaukee attorney and service has been cut off since June 15, 2002. Family Court Commissioner. Mr. Reneau died In Cuba, men and women who seek truth or HON. BART GORDON on May 6, 2007, at the age of 90. freedom are considered enemies of the state. Andrew R. Reneau was one of two African In March 2003, as part of the tyrant’s hei- OF TENNESSEE Americans to graduate from the University of nous island wide crackdown on peaceful pro- IN THE HOUSE OF REPRESENTATIVES Wisconsin in 1942. Upon graduation, the only democracy activists, Mr. Hernańdez was ar- Wednesday, May 23, 2007 work he could find was as a metal chipper at rested by the tyranny. In a sham trial, he was Mr. GORDON of Tennessee. Madam the Allis Chalmers foundry. After sustaining a sentenced to 25 years in the totalitarian gulag, Speaker, I rise today to congratulate Doug serious eye injury, Mr. Reneau went back to for the crime of preparing reports, in which he Young and City Tile and Floor Covering Com- school. A coin toss determined whether Mr. attacked the health system, and the education pany on its 50th anniversary. The Reneau should become a mortician or go to provided in this country, questioned the justice Murfreesboro, Tennessee, store began with law school. In 1946, Andrew Reneau earned a system, tourism, culture, agriculture. Following fewer than five staff and now has about 20 law degree and was the only African American his incarceration, Mr. Hernańdez has been employees and 30 subcontractors. in his Marquette University graduating class. kept is solitary confinement and allowed only

VerDate Aug 31 2005 06:16 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E23MY7.REC E23MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 23, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1135 4 hours of sunlight a week. All communication was left from this horrible force of nature and andra Pascual, Michael Passarelli, Kinjal with his family has been severely restricted are moving forward. The people of Greens- Patel, Mitesh Patel, Gina Pecchinenda, Justin and according to Yarai Reyes, his wife, he has burg obviously have tough days ahead, but I Peter, Kishen Pujara, Alejandra Ramirez, Eliz- been fed rotten food, refused all medical care know with the resilient spirit they have dem- abeth Reyes, Julia Reynolds, Colin Richard- and has been kept in a cell with no electricity. onstrated, they are up to the challenge and son, Jerry Rickelmann, III, Kathryn Roque, When Mr. Hernańdez participated in a hun- they will not be alone in overcoming it. Gina Ruzhansky, Victoria Savastano, Stephen ger strike to protest the deplorable prison con- f Scheideler, Gianna Scimeca, Bryan Shin, ditions, he was transferred to another prison Olivia Sluka, Dominick Smith, Zachary Smith, over 400 miles away from his family and loved IN HONOR OF THE STUDENT Regina Smith, Alexis Stella, Rose Velli, ones. In this prison, he languishes in a rat and GRADUATES OF PARAMUS’ Danielle Villa, Chelsea Virga, Thomas V. insect infected dungeon which he shares with D.A.R.E. PROGRAM AT EAST onborstel, Corinne Weinzierl, Alison Wolfer, common prisoners, many of which are consid- BROOK MIDDLE SCHOOL Cindy Wu, Hosun Yoo, Andrew Yoon, Geena ered dangerous and unstable. Mr. Hernańdez Yum, Ariana Zarour, Colette Zarour. is routinely beaten and denied access to the HON. SCOTT GARRETT f outside world. OF NEW JERSEY PERSONAL EXPLANATION Madam Speaker, on April 30, 2007, the IN THE HOUSE OF REPRESENTATIVES PEN American Center, which works to ad- Wednesday, May 23, 2007 vance literature, defend free expression, and HON. MICHAEL M. HONDA to foster international literary fellowship, Mr. GARRETT of New Jersey. Madam OF CALIFORNIA named Mr. Hernańdez the recipient of its 2007 Speaker, today, the Paramus Police Depart- IN THE HOUSE OF REPRESENTATIVES PEN/Barbara Goldsmith Freedom to Write ment will hold its D.A.R.E. graduation cere- Wednesday, May 23, 2007 Award honoring international literary figures mony with the students of East Brook Middle School. More than 140 students are partici- Mr. HONDA. Madam Speaker, on Tuesday, that have been imprisoned or persecuted for May 22, I was unavoidably detained and was defending the basic human right of expres- pating in this important program that gives young people the support they need to say no not present for six rollcall votes on that day. sion. Let me be clear, Mr. Hernańdez is con- Had I been present I would have voted: fined in an infernal dungeon for reporting truth to drugs, underage drinking, and gang violence. ‘‘no’’ on rollcall 390 on agreeing to the Price instead of the mandated lies of the dictator- of Georgia amendment No. 9; ‘‘no’’ on rollcall ship in Cuba. Drug Abuse Resistance Education, or D.A.R.E., began as a small program in Los 391 on agreeing to the Doolittle of California My colleagues, it is unconscionable and amendment No. 19; ‘‘no’’ on rollcall 392 on condemnable that just miles from our shores, Angeles in 1983. Today, it is implemented in more than 75 percent of our Nation’s school agreeing to the Hensarling of Texas amend- a grotesque gangster regime keeps thousands ment No. 30; ‘‘no’’ on rollcall 393 on agreeing behind bars simply for supporting freedom and districts and in more than 43 other nations. It uses positive peer pressure to help children to the Neugebauer of Texas amendment; democracy. I ask all members of this great ‘‘yea’’ on rollcall 394 on agreeing to the Congress to demand with one, united, voice, defeat the negative cultural influences that bombard them daily. Neugebauer of Texas amendment No. 4; ‘‘no’’ the immediate release of Normando on rollcall 395 on motion to recommit with in- ´ I am proud of the young boys and girls who Hernandez Gonzalez and every political pris- structions for H.R. 1427. oner in totalitarian Cuba. participated in this program at East Brook Mid- dle School, and I would like to recognize them f f all for taking this step toward positive citizen- IN MEMORY OF DR. BENEDICT K. EXPRESSING SYMPATHY TO THE ship: ZOBRIST CITIZENS OF GREENSBURG, KAN- Pankti Acharya, Omar Al-Rashdan, Danielle SAS Ambrose, Elias Atie, Benjamin Audi, Amanda Aydin, Joseph Bacich, Matthew Barbara, Tim- HON. IKE SKELTON OF MISSOURI SPEECH OF othy Barkho, Adam Basner, Brianna Behrens, IN THE HOUSE OF REPRESENTATIVES Christopher Billera, Lindsay Braverman, Vince HON. TODD TIAHRT Wednesday, May 23, 2007 OF KANSAS Calupad, Eric Carminio, Tyler Casamenti, Alexa Cascione, Jessica Chakonis, Winnie IN THE HOUSE OF REPRESENTATIVES Mr. SKELTON. Madam Speaker, it is with Chau, Hae Chang Cheong, Daniel Choi, Emily deep sadness that I inform the House of the Tuesday, May 22, 2007 Colasante, Matthew Criscione, Erica Cruz, death of Dr. Benedict K. Zobrist, the former di- Mr. TIAHRT. Mr. Speaker, I rise today in Nicolas Datz, Dean Delucia, Michael rector of the Harry S. Truman Presidential Li- sympathy of the citizens of Greensburg, Kan- DeSimone, Lillian Do, Timothy Dungan, brary. sas. On May 4, 2007 a devastating tornado Jermiah Emmenuel, Shannon English, Dr. Zobrist was born in Moline, Illinois, on ripped through the community and destroyed Veronique Falkovich, Kenny Frohnapfel, Gia August 21, 1921, son of Benedict and Lila A. 95 percent of the town. Ten lives were lost Fuerte, Cayla Gao, Kaitlyn Garcia, Miny Ge, Colson Zobrist. He graduated from Moline and 1,500 people were directly affected by this Eric Giannantonio, Harlee Glock, Zoe Gnecco, High School in 1939 and went on to attend deadly terror. Greensburg was a quiet and Keisuke Goto, Tance Gozukucuk, Nicholas Augustana College, but left his studies to join charming town surrounded by pasture land Gramuglia, Daniel Grisanti, Rebekah Guidroz, the United States Army in 1942. After serving lush and fertile. This town was preserved by Aris Gungormez, Leila Hassak, Sabrina Helm, in World War II and upon discharge from ac- generations of hardworking people who valued Erik Helstrom, Adriana Hemans, Kellie Heom, tive duty, he returned to complete his college what they had and worked to keep it. Darius House, Phillip Huffman, Yoon Jeong studies. It was at Augustana College that he In the heartland, people know what it means Hwang, Jaime Iacono, Suguru Ikeda, Alen Jo, met Donna Anderson, his future wife. Benedict to be a good neighbor. After this deadly tor- Laila Jouejati, Erica Kato, Ji Soo Kim, Ah graduated in 1946 with a bachelor’s degree in nado ripped through the community, there Young Kim, Victor Kim, Alexandra Kipp, Caro- history and began graduate school at Stanford were countless examples, of strength, com- line Kordell, Theodore Koutros, Karen University. However, he returned to the Mid- passion and perseverance, traits we often see Kouyoumdjian, Anna Kuriakose, Richard west to be closer to Donna and on October in Kansans. As people sifted through the Labarbiera, Kevin Lannigan, Stephanie 23, 1948, they were united in marriage. shambles and rumble of what had been, at Lasprilla, Paul Lawton, Sarah Lee, Jun Oh Dr. Zobrist resumed his studies at North- one time, their homes and personal belong- Lee, Monica Lehner, Andrew Licini, John western University, earning both a master’s ings, wheat trucks and regular old four wheel Lukert, Aysia Luna, Melissa Lynch, Fabio degree (1948) and a doctor of philosophy de- drive pick-ups from neighboring towns drove in Macias, Yu Maruyama, David Medvitz, Samuel gree (1953) in history. After completing his to lend a hand and a shoulder of comfort. It Melendez, Paul Meyer, Matthew Miller, Koji education, Dr. Zobrist joined the staff of is heartwarming to witness how Kansans have Minoda, Edwin Montalvo, Bryan Mosquera, Augustana College, where he became a full- come together in response to the Greensburg Heather Murphy, Stephen Obregon, Timothy time faculty member in 1960. In 1962, he won tragedy. Oechsner, Kevin Oh, Yula Oh, Daichi Omori, a Fulbright Fellowship and studied at Tunghai Mr. Speaker, my heart and prayers go out Rasha Orfali, Pamela Ospina, Abigail Ovadia, University in Taichung, Taiwan. He also pur- to all the citizens in Greensburg. Progress is Kyrstie Pagunsan, Sylvia Pak, Michael sued advanced studies at the East Asia Insti- being made and being made daily. They are Paladino, Thomas Palestina, Michelle Park, tute at Columbia University in New York in picking up the pieces of their lives from what Dean Park, Mona Park, Sungho Park, Alex- 1962–63.

VerDate Aug 31 2005 06:16 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E23MY7.REC E23MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1136 CONGRESSIONAL RECORD — Extensions of Remarks May 23, 2007 Dr. Zobrist moved to Missouri in 1969 to join I believe that the IDEA Act will address the that borrowers that go into default and have the staff of the Truman Library in Independ- oft-overlooked side of federal student loan as- exhausted all relief from the loan holder would ence; he became director shortly thereafter. sistance: repayment. For over four decades, automatically be consolidated into IDEA loans He worked diligently to expand the collections most of the discussion regarding federal stu- in order to help them get their payments back of the library, traveling from coast to coast to dent loans has primarily focused on making on track and avoid costly defaults. Thus the meet with members of the Truman administra- ever-increasing amounts of money available to taxpayers’ investment will be protected from tion, as well as other significant figures of that students to keep up with the rising costs of the damaging effects of borrower default, period. Zobrist expanded the work of the Harry college tuition. which currently affects 5.1 percent of federal S. Truman Library Institute, the not-for-profit However, providing students with larger student loans each year. foundation associated with the library. He went loans to attend college leads to another, more Madam Speaker, the IDEA Act is an innova- on to charter a course for the expansion of the complex challenge after graduation. How tive solution to the growing problem of unman- Institute’s education efforts and its support of should students be expected to repay these ageable debt loads for students. Students the library’s operations within the National Ar- taxpayerfunded loans? This is an area that would be able to borrow what they need, up chive system. Dr. Zobrist was most proud of has received relatively little attention until re- to the current Stafford limits, and later consoli- instituting ‘‘Truman Week’’, a week long an- cently. With students graduating with ever-in- date into IDEA loans knowing that their repay- nual celebration held around President Tru- creasing debt loads, averaging over $18,000 ment amounts will be within their income lev- man’s May 8th birthday. this year and projected to continue to rise, stu- els and ability to pay. On the other hand, tax- Dr. Zobrist maintained his affiliation with the dents are finding it increasingly difficult to payers can count on those loans being repaid as they are collected through the IRS. This is United States Army as a reservist, and retired make loan payments on time and in full. a responsible approach to a serious and grow- as lieutenant colonel. He spent many sum- Unfortunately, little has been done by way ing problem for student loan borrowers. mers on active duty with the Office of the of providing more flexible repayment options Chief of Military History in Washington, DC,; for borrowers after graduation. Traditionally it f he also served as a faculty member at the has been expected that the borrower will pay HONORING THE LIFE OF Command and General Staff College, Fort the amortized loan over a standard period, REVEREND JOE BAMBERG Leavenworth, and the Army Intelligence usually 10 years, with the same repayment School, Fort Bragg. amount on day one as on the last day. How- HON. JEFF MILLER Madam Speaker, I know the members of ever, this model of repayment fails to take into OF FLORIDA the House will join me in extending heartfelt account that students often face periods of IN THE HOUSE OF REPRESENTATIVES condolences to Donna Anderson Zobrist and significant unemployment or underemployment Wednesday, May 23, 2007 their three sons: Karl, Mark, and Erik. during the first years after leaving college. f As of now, for the most part, the only op- Mr. MILLER of Florida. Madam Speaker, on tions available to borrowers are to request a behalf of the United States Congress, it is with CONGRATULATING SHANA KHADER period of forbearance or slip into default, a heavy heart that I rise today to recognize which is bad for both borrower and taxpayers. and remember an inspirational leader in our HON. THOMAS G. TANCREDO We simply cannot keep providing more and community, Reverend Joe Bamberg. Brother Joe left us Monday morning, May 21, at the OF COLORADO more money for education if graduates then age of 91. Brother Joe was a selfless leader IN THE HOUSE OF REPRESENTATIVES enter the workforce saddled with payments they can’t afford. who will sorely be missed by his family, con- Wednesday, May 23, 2007 While there have been some attempts to gregation and community. Our thoughts and Mr. TANCREDO. Madam Speaker, I rise provide more diverse repayment options, such prayers remain with Mary, his wife of 63 today to pay tribute to one of my constituents, as the income-contingent loan repayment pro- years, as well as his three children, one Ms. Shana Khader of Occidental College. Ms. gram available through Direct Lending that grandchild, two great-grandchildren, and his Khader is a teaching student and is a recipient has been in existence for over a decade, bor- sister. of the prestigious Fulbright Award. This grant rowers have failed to adopt them, usually due In his early years, Brother Joe served as a is given to promising individuals to aid them in to a lack of information or current program lim- pastor in his native Alabama hometown and their academic and cultural pursuits abroad. itations. The bottom line is that Congress as an Army chaplain during World War II. However, beginning in 1947, Brother Joe be- The Fulbright Program was established by needs to develop better repayment alter- came the pastor of First Baptist Church of Mil- Congress in 1946 and is sponsored by the natives for federal student loan borrowers, es- ton, where he served for 60 faithful years. U.S. State Department. This program was de- pecially as students continue to take out larger Reverend David Spencer, who is the current signed to help build mutual understanding be- and larger loans in coming years. pastor of First Baptist Church, credits Brother tween Americans and the global community. I believe the IDEA Act does just that. This legislation would allow any Stafford loan bor- Joe for the constant growth of the congrega- Individuals who are awarded this distinction tion, saying ‘‘He was such a worker, a tireless rower the ability to consolidate into a direct have demonstrated outstanding academic or person. He got out and found people, won IDEA loan with a repayment schedule that cor- professional achievement and have proven people for the Lord, and built up this church.’’ themselves as leaders in their field. responds to the borrower’s income once in re- Brother Joe not only worked to strengthen Madam Speaker, please join me in paying payment. This new schedule requires regular his own congregation, but also reached out tribute to Ms. Khader and wishing her the best payments; however, it ensures that such pay- and led efforts to begin five other churches in in her future endeavors. ments reflect the borrowers’ capacity to repay the community. The purpose of his ministry f under their current income status. This feature was simply to lead others to Christianity, re- would be particularly useful for those pursuing gardless of whom they were and which church INTRODUCTION OF THE INCOME- lower-income, public-service careers. It also DEPENDENT EDUCATION ASSIST- they attended. would help relieve some of the stress that bor- Brother Joe’s humility was one of his great- ANCE ACT OF 2007 rowers face during periods of unemployment est qualities. As a pastor, he intentionally put or underemployment following graduation. others before himself. To account for his char- HON. THOMAS E. PETRI Another critical component of this legislation acter, his wife, Mary said her husband made OF WISCONSIN is the direct collection of payments from the sure to stand at the same level as his con- IN THE HOUSE OF REPRESENTATIVES borrower through IRS withholdings. By incor- gregation during the service. No matter the cir- porating the IRS directly as the collection enti- Wednesday, May 23, 2007 cumstance, ‘‘Joe never took a day off and he ty, the borrower’s income is automatically cal- refused many pay raise offers.’’ Mr. PETRI. Madam Speaker, today, I am in- culated into the repayment system and re- In 1980, Brother Joe graciously stepped troducing of the Income-Dependent Education duces the odds of fraud or abuse on the part down from the pulpit; however, he continued Assistance (IDEA) Act of 2007. This legislation of the borrower or the collection agency. Fur- to serve as pastor emeritus. Persistent in his would provide a new consolidation option for thermore, direct IRS collection would simplify work, he continued to assist his community federal Stafford student loan borrowers with the process for borrowers and reduce their pa- through visiting and preaching at local hos- an improved repayment schedule through di- perwork burden as the agency would already pitals and nursing homes. rect IRS collection of payments, along with have the necessary information on file and in Brother Joe was truly a servant to the Milton other new protections for borrowers and tax- place for processing the payment amounts community. Reverend Spencer most accu- payers. and schedules. Finally, the IDEA Act stipulates rately describes the great significance of

VerDate Aug 31 2005 06:16 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E23MY7.REC E23MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 23, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1137 Brother Joe’s life, saying, ‘‘He was a fixture in riers domiciled in Mexico to operate beyond learning about archery in school but also re- this county; I cannot overstate the impact he United States municipalities and commercial port higher attendance on days when archery had on this community and on this church.’’ It zones on the United States-Mexico border. is taught. I am pleased that Oxford Central is certain that the world has lost a great man. Rollcall No. 349—Yea School has not only embraced this successful May God rest his soul and continue to bless H.R. 1585, NATIONAL DEFENSE AUTHORIZATION ACT program, but also seen such positive results his family. Rollcall No. 351—Nay from its implementation. f Rollcall No. 352—Nay The Oxford archery team is comprised of 24 Rollcall No. 355—Yea outstanding shooters who finished well above HONORING DR. RICHARD COE Rollcall No. 364—Nay their competition in New Jersey. Two of the Rollcall No. 365—Nay archers, Kayle Bethune and Sharlette Carey, HON. PATRICK J. MURPHY Rollcall No. 366—Nay finished in the top three in the state. They will OF PENNSYLVANIA Rollcall No. 367—Nay now go on to compete against archers from IN THE HOUSE OF REPRESENTATIVES Rollcall No. 368—Yea 41 other states for the national title. I expect Wednesday, May 23, 2007 Rollcall No. 369—Yea that the Oxford archery team will certainly be Mr. PATRICK J. MURPHY of Pennsylvania. Rollcall No. 370—Nay a force to be reckoned with during competi- Madam Speaker, I rise today to honor Dr. Rollcall No. 371—Nay tion. Their individual performances and overall Richard Coe for his exceptional career in edu- Rollcall No. 372—Yea team accomplishments thus far deserve our cation and his tremendous contributions to the Rollcall No. 373—Yea most heartfelt congratulations and I wish them community. Dr. Coe is retiring after nearly four H.R. 1427 the best of luck at the National Championships decades as a teacher and administrator, roles To reform the regulation of certain housing- on June 9th. in which he served as an inspiration to both related Government-sponsored enterprises, students and colleagues alike. and for other purposes. f For the past eight years, Dr. Coe has Rollcall No. 378—Yea PERSONAL EXPLANATION served as the executive director of the Bucks Rollcall No. 379—Yea County Intermediate Unit #22. Through his Rollcall No. 380—Yea HON. VITO FOSSELLA leadership and guidance, this organization has Rollcall No. 381—Nay OF NEW YORK improved the quality of education for students Rollcall No. 382—Yea IN THE HOUSE OF REPRESENTATIVES all across Bucks County. His steadfast com- Rollcall No. 383—Yea. mitment to students and teachers has moti- f Wednesday, May 23, 2007 vated educators throughout our community to CONGRATULATING KRISTA BRUNE Mr. FOSSELLA. Madam Speaker, on roll follow his example of compassionate dedica- call no. 395 I was unavoidably detained. Had tion. I been present, I would have voted ‘‘yes.’’ Madam Speaker, Dr. Coe has been devoted HON. THOMAS G. TANCREDO f to ensuring the education of all children, espe- OF COLORADO cially those with special needs. He began his IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO THE EUGENE A. OBREGON AMERICAN LEGION career as special education classroom teach- Wednesday, May 23, 2007 er, later becoming an administrator of special POST 804 ON THE OCCASION OF education services. Dr. Coe intimately under- Mr. TANCREDO. Madam Speaker, I rise ITS 60TH ANNUAL MEMORIAL stands our society’s fundamental responsibility today to pay tribute to one of my constituents, DAY SERVICE to educate our youth. This means helping stu- Ms. Krista Brune of Princeton University. Ms. dents overcome obstacles, no matter how Brune is a Latin American and Caribbean HON. LUCILLE ROYBAL-ALLARD studies student and is a recipient of the pres- great or small. Like all great educators, Dr. OF CALIFORNIA Coe can see the potential and ability in every tigious Fulbright Award. This grant is given to IN THE HOUSE OF REPRESENTATIVES promising individuals to aid them in their aca- student. Each student is equally special and Wednesday, May 23, 2007 equally important. demic and cultural pursuits abroad. Madam Speaker, Dr. Coe will be missed in The Fulbright Program was established by Ms. ROYBAL-ALLARD. Madam Speaker, I his role with the Bucks County Intermediate Congress in 1946 and is sponsored by the rise today to pay tribute to the Eugene A. Unit. But Dr. Coe will leave behind a legacy U.S. State Department. This program was de- Obregon American Legion Post 804 located in that will continue to inspire his colleagues. We signed to help build mutual understanding be- East Los Angeles in my congressional district can all rest assured that retirement will do tween Americans and the global community. on the occasion of its 60th Annual Memorial nothing to hinder Dr. Coe’s enthusiasm for Individuals who are awarded this distinction Day Service. education. Dr. Coe has actively served the have demonstrated outstanding academic or Chartered by Congress in 1919, the Amer- community with same eagerness and commit- professional achievement and have proven ican Legion was formed as a patriotic wartime ment that he has shown in the classroom. A themselves as leaders in their field. veterans’ community service organization. long list of community organizations have ben- Madam Speaker, please join me in paying Thirty-five years later, the American Legion efited from Dr. Coe’s service. Madam Speak- tribute to Ms. Brune and wishing her the best Post 804 was chartered locally in East Los er, Dr. Coe has been instrumental in the posi- in her future endeavors. Angeles. tive development of our youth and our com- f Post 804 was named after East Los Ange- les war hero Private First Class Eugene Ar- munity, and I would like to thank him on behalf TRIBUTE TO OXFORD CENTRAL of those whose lives he has touched. nold Obregon who was killed in Seoul, Korea SCHOOL ARCHERY TEAM in 1950 by enemy forces while in the line of f duty. Private Obregon served with Company PERSONAL EXPLANATION HON. SCOTT GARRETT G, Third Battalion, Fifth Marines, First Marine OF NEW JERSEY Division (Reinforced) and his death occurred HON. CATHY McMORRIS RODGERS IN THE HOUSE OF REPRESENTATIVES just days before his 20th birthday. While serving as an ammunition carrier for OF WASHINGTON Wednesday, May 23, 2007 IN THE HOUSE OF REPRESENTATIVES a machine gun squad, he was pinned down by Mr. GARRETT of New Jersey. Madam hostile fire and left his covered position to at- Wednesday, May 23, 2007 Speaker, I rise today with great pride to honor tend to a fallen Marine, dragging him to safer Mrs. MCMORRIS RODGERS. Madam the archery team at Oxford Central School in ground. After seizing the Marine’s shoulder Speaker, while I was absent from the House Oxford, New Jersey. This excellent team has rifle, he used his own body as a shield to proof Representative last week due to the birth of already proven themselves by winning the tect his wounded comrade, firing at the enemy my son, I would like to state how I would have state championship in the National Archery in until he was fatally wounded by machine gun voted on the following pieces of legislation if I the Schools Program. They will now go on to fire. had been able to be present: compete in Louisville, Kentucky for the Na- For his courage and selflessness above and H.R. 1773 tional Championship. beyond the call of duty, Private Obregon was To limit the authority of the Secretary of The National Archery in the Schools Pro- posthumously awarded the United States Con- Transportation to grant authority to motor car- gram has shown that students not only enjoy gressional Medal of Honor—the highest award

VerDate Aug 31 2005 06:16 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E23MY7.REC E23MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1138 CONGRESSIONAL RECORD — Extensions of Remarks May 23, 2007 for valor in action against an enemy force be- Mr. Zachary Barter of Brown University. Mr. in charge of greeting visitors and guiding them stowed upon an individual serving in the Barter is a teaching student and is a recipient on their visits. In addition, she plays an impor- Armed Services. of the prestigious Fulbright Award. This grant tant role in the safety of the students by mak- My father, the late Congressman Edward R. is given to promising individuals to aid them in ing sure that all visitors are authorized and ac- Roybal, himself a World War II veteran, was their academic and cultural pursuits abroad. counted for. Furthermore, Bette has been ac- extremely grateful to Private Obregon and the The Fulbright Program was established by tive in the Valparaiso Organization for Learn- many other men and women who made the Congress in 1946 and is sponsored by the ing and Teaching Seniors (VOLTS) program, ultimate sacrifice in defense of our nation. My U.S. State Department. This program was de- as well as the Lyric Opera Lecture Corps, a father was among the founding members of signed to help build mutual understanding be- program aimed at introducing children to clas- Post 804, and it was always important to him tween Americans and the global community. sical music. that Memorial Day be observed with a heart- Individuals who are awarded this distinction Bob Buhle has served in many capacities felt and patriotic tribute to the fallen. If my fa- have demonstrated outstanding academic or for the Hilltop Neighborhood House for several ther were with us today, he would be the first professional achievement and have proven years, including Board President and Vice to commend Post 804 for its 60-year tradition themselves as leaders in their field. President. In addition, he has been instru- of organizing these poignant Memorial Day Madam Speaker, please join me in paying mental in the construction of the Hilltop Com- services. tribute to Mr. Barter and wishing him the best munity Health Center, as well as a dedicated This year, the American Legion Post 804 in his future endeavors. member of the organization’s Board Develop- will be holding an inspirational 24-hour Memo- ment Committee and Finance and Audit Com- rial Day Patriotic Vigil. It will begin at 10 a.m. f mittee. Not only has Bob dedicated himself to on Sunday, May 27 and conclude on Monday, PERSONAL EXPLANATION Hilltop, he has also donated much of his time Memorial Day, May 28 at 10 a.m. The conclu- and efforts to Habitat for Humanity. sion of the vigil will mark the beginning of the Chelsey Dunleavy, a peer tutor in the Life Post’s Memorial Day service at Cinco Puntos HON. SHELLEY BERKLEY Skills Program at Valparaiso High School, has in East Los Angeles, and the entire community OF NEVADA served as President of the HOPE Club for the has been invited to participate. IN THE HOUSE OF REPRESENTATIVES past two years. As a volunteer in the Life Many of the Post’s 150 members who will Wednesday, May 23, 2007 participate in the service know firsthand the Skills Program, Chelsey devotes her spare toll that war takes on our brave men and Ms. BERKLEY. Madam Speaker, I was un- time to helping students with special needs. women who serve. The Post’s membership in- able to vote on rollcall Nos. 397 through 402. As President of the HOPE Club, she plans cludes veterans of World War I, World War II, Had I been present, I would have voted ‘‘aye’’ and supervises activities and events and does the Korean War, Vietnam, Lebanon, Grenada, on rollcall Nos. 397, 398, 399, 400, 401, and so in a manner that allows everyone to partici- Panama, Afghanistan and the Persian Gulf. 402. pate. Chelsey is also very active in her In addition to the Post’s Memorial Day serv- f church, where she teaches Sunday school, as ice, Post 804 supports and sponsors a num- well as in various other programs at TRIBUTE TO OUTSTANDING Valparaiso High School. In performing any ber of important community events throughout VALPARAISO, INDIANA NOON the year, including Veterans Day services at tasks, Chelsea is known for her ability to excel KIWANIS CLUB VOLUNTEERS Atlantic Park in East Los Angeles, a toy drive far beyond any expectations, and more im- for the Children of Brooklyn Avenue School, pressively, to do so without expecting anything school presentations on the American Flag HON. PETER J. VISCLOSKY in return. and Patriotism, and voter registration and OF INDIANA An avid runner, Michele Hale, has been a blood drives. IN THE HOUSE OF REPRESENTATIVES volunteer with Opportunity Enterprises for the The Post is also home to Sons of the Amer- Wednesday, May 23, 2007 past seven years. Pairing her love for long-dis- ican Legion Post 804 and the Veterans of For- tance running with her commitment to serve eign Wars Post 4696, including its Ladies Aux- Mr. VISCLOSKY. Madam Speaker, it is my her community, Michele leads the Opportunity iliary. The Los Angeles Chapter of the His- distinct honor to commend nine exceptional in- Enterprises’ Lake County Marathon Training panic Airborne Association, the San Gabriel dividuals from Northwest Indiana who have Team and also serves as the organizer for an Valley Chapter of the 82nd Airborne Associa- been recognized as outstanding volunteers by annual charity bike run. Michele also serves tion, and the Rice Patties Jumpers Chapter of the Valparaiso, Indiana Noon Kiwanis Club. as President of the Calumet Region Striders 187th Regiment also call the Post home. These individuals are: Judy Back, Elizabeth and contributes much of her efforts to the Madam Speaker, I salute Post 804 for its ‘‘Bette’’ Brown, Bob Buhle, Chelsey Dunleavy, Cancer Foundation, the Muscular Dystrophy patriotic and meaningful work in the commu- Michele Hale, Sandy Jenkins, Beverly Association, and Saint Jude’s Children’s Hos- nity and for steadfastly holding true to its basic Overmyer, Pat Puffer, and Rob Thorgren. pital. tenants to safeguard ‘‘the principles of justice, These honorees will be recognized at the Sandy Jenkins, a volunteer for the Porter freedom and democracy’’ and ‘‘to promote Sixth Annual Valparaiso Kiwanis Club Founda- Auxiliary, has contributed countless hours to peace and goodwill on earth . . .’’ Through its tion Volunteer Recognition Program, which will the organization and the people it serves. efforts in organizing Memorial Day services be held on Wednesday, May 30, 2007, at the While her primary duty is to provide informa- and its other important community under- Strongbow Inn in Valparaiso. This annual tion for visitors at the front desk, Sandy has takings, the Post serves as a living memorial event recognizes the efforts of outstanding always welcomed additional responsibilities to our men and women in uniform who have community volunteers and celebrates the spirit with the Auxiliary and has served in a secre- made the ultimate sacrifice for our country. of volunteerism in Valparaiso. tarial capacity and in public relations as well. I ask my colleagues to join me in recog- Judy Back, of the Salvation Army, has been For her efforts and her unwavering dedication nizing the outstanding work of the Eugene A. a constant role model and a true inspiration to to the Porter Auxiliary, Sandy has even been Obregon American Legion Post 804 on the oc- her community through her many volunteer ef- featured in the Stay Healthy magazine. casion of its 60th Annual Memorial Day Serv- forts. Having served on and chaired many A volunteer with the Independent Cat Soci- ice at Cinco Puntos in East Los Angeles, and boards throughout the years, Judy has been ety, Beverly Overmyer has fully dedicated her- in commending the Post for its dedication to extremely active in her efforts with the Porter self to the organization. Among other roles, preserving the memories of our brave soldiers County Angel Tree Program, a program that Beverly has served on the Board of Directors, to ensure that we ‘‘never forget.’’ provides children with gifts and families with as Corresponding Secretary, writer for the f food for the holidays. Judy has also been ac- Mewsletter, room parent, co-chair of the public CONGRATULATING ZACHARY tive in many other facets of the Salvation relations committee, and in many fundraising BARTER Army, as well as the Purdue North Central capacities. Though extremely committed to the Women’s Association, of which she was the Independent Cat Society, Beverly also finds HON. THOMAS G. TANCREDO founding president. time to volunteer for the Taltree Arboretum, Bette Brown, a retired teacher with the where she serves as an instructor and pre- OF COLORADO Valparaiso Community Schools, has enriched pares materials for field trips, and is very ac- IN THE HOUSE OF REPRESENTATIVES the lives of countless students over the years. tive in the Kankakee Valley Historical Society. Wednesday, May 23, 2007 Since her retirement, she has continued to Pat Puffer is being honored for her many ef- Mr. TANCREDO. Madam Speaker, I rise volunteer at Valparaiso High School, serving forts in the community, most notably, her work today to pay tribute to one of my constituents, as front desk person. In this capacity, Bette is with the Porter-Starke Services Foundation.

VerDate Aug 31 2005 06:16 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E23MY7.REC E23MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 23, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1139 Pat has served the foundation in various ca- Telework Exchange, the MidAtlantic Telework As part of its ‘‘Odyssey of the Jews of pacities, such as board member and sponsor- Advisory Council, and the International Greece’’ series of cultural events, B’nai B’rith ship and silent auction committee member for Telework Association and Council. International recognized the efforts of Ambas- the Art of Healing Gala. Passionate about her The Trademark telework program is a suc- sador Mallias in working with American Jewish service to the community, Pat has been in- cessful model for other governmental agen- organizations to promote a closer relationship volved not only with Porter-Starke, but with cies. Combining management by objective between Greece and Israel. B’nai B’rith Exec- numerous other organizations and fundraising with hoteling results in proven space and re- utive Vice President Dan Mariaschin ex- efforts, including: the Valparaiso Ethics Com- lated cost savings for the agency. The pro- pressed the organization’s gratitude to Ambas- mittee, Parkinson Style Show, American Heart gram also demonstrates that flexibility of sador Mallias and highlighted the long history Association, Valparaiso YMCA, Children’s Mu- schedules and location enables employees to of the Jewish people in Greece. seum of Valparaiso, United Way of Porter maximize their working efficiency, which is re- On a personal note, my own family was part County, Crisis Center, Boys and Girls Club, flected in production gains by its participants of that history. My great grandparents and ma- American Cancer Society, and Special Kids and the Office. The extremely low attrition rate ternal grandmother emigrated from Greece to Special Needs, to name a few. experienced by the TWAH participants shows the United States, and many of those family Rob Thorgren has been a volunteer with the that agencies facing recruitment and retention members they left behind in the Jewish com- Valparaiso YMCA for the past five years. A problems would be well-served by offering munity of Thessaloniki perished at the hands leader within the organization and his commu- telecommuting options, similar to those of the of the Nazis during the Holocaust. nity, Rob has served in many capacities with USPTO, to attract and retain qualified workers. I would like to congratulate Ambassador the YMCA. He has served on the Board of Di- I have been a longtime advocate of com- Mallias, and insert his remarks into the rectors, as a Strong Kids Campaigner, and as muter friendly policies such as telecommuting. RECORD. a special events volunteer. Additionally, he Proven benefits include helping to offset the (A) RELATIONS BETWEEN GREEKS AND JEWS has served as a member of the Capital Cam- high price of gasoline, continuity of operations THROUGH THE CENTURIES paign Development Committee and the Build- in the case of a future threat or disaster, im- Greeks and Jews are connected by history, proved air quality, reduction in traffic conges- geography, monotheistic religions, philos- ing Committee for the new Valparaiso Family ophy, trade, social sciences, arts. YMCA. tion, increased employee productivity and work quality, improved employee morale, and The two peoples have been interacting Madam Speaker, I ask you and my distin- since the beginning of recorded history. guished colleagues to join me in commending employee cost savings. As the Nation’s largest There is recorded presence of Jews in the these outstanding individuals on their recogni- employer, the Federal Government should be Greek world, what Jews first named Gen- tion as honored volunteers by the Valparaiso the leader in telework policy. The USPTO tiles, centuries before Christ. The presence of Kiwanis Club Foundation. Their years of serv- serves as the gold standard for the Federal Jewish community in Thessaloniki, the cap- ice and dedication have played a major role in Government thanks to the efforts of Deborah ital of Macedonia, goes back to the 2nd century BC. shaping the future of Northwest Indiana, and Cohn. Ms. Deborah Cohn is a graduate of The The most important sites of Christianity each of the honorees is truly an inspiration to American University and George Mason Uni- in the Holy Land are under the supervision us all. of the Greek Orthodox Patriarchate. It is a versity School of Law. She began her career f unique and the most ancient surviving insti- at the USPTO in 1983 as a trademark exam- tution on earth. TRIBUTE TO DEBORAH COHN ining attorney, was promoted to senior attor- Over the years, Greece has forged strong ney and then managing attorney, and then ties with Israel. Bilateral relations are at a HON. JAMES P. MORAN joined the Senior Executive Service as a very good level. Political, economic and cul- Trademark Law Office Director in 2001. Ms. tural relations have gained their own dy- OF VIRGINIA Cohn was named Deputy Commissioner for namic. IN THE HOUSE OF REPRESENTATIVES Trademark Operations in 2005 whereby she (B) HOLOCAUST Wednesday, May 23, 2007 currently oversees the examination and proc- During the Second World War, Greek Jews essing of applications throughout the trade- shared the fate of their fellow Jews all over Mr. MORAN of Virginia. Madam Speaker, I the continent in the hands of the Third rise today to recognize the fine work of Debo- mark operation and works with other USPTO Reich. rah Cohn, Deputy Commissioner for Trade- business units in achieving agency goals. According to the Central Board of Jewish mark Operations at the United States Patent Throughout her legal career at the USPTO, Communities in Greece: ‘‘When, during the and Trademark Office (USPTO), for her lead- Ms. Cohn has been involved in work-life im- German occupation, the hateful campaign ership in promoting government telework. As a provement initiatives. She is a former Council against the Jews started, their Christian result of her ingenuity and perseverance with of Excellence in Government fellow where she compatriots showed compassion and soli- first began developing the TWAH program. darity.’’ this program, Ms. Cohn spearheaded the de- Archbishop of Greece Damaskinos development of the USPTO’s telework program Ms. Cohn is a sought after resource, speaker, clared: ‘‘We are all Jews.’’ He filed to the at a time when telework was unconventional, and expert on the development and manage- German Authorities 2 petitions asking them and her efforts have paid off as the program ment of telework programs. to stop the persecution of the Jews. The peti- is among the most successful telework pro- I ask my colleagues to join me in com- tions were undersigned by 29 leading cultural grams within the Federal workforce. memorating Ms. Cohn’s efforts in making the institutions and professional bodies of the This year, the Trademark Work at Home USPTO’s telework program the most success- country, including the Academy of Athens. Many ordinary Greeks in rural Greece and (TWAH) program is celebrating its 10th anni- ful program within the Federal Government. I also ask my colleagues to join me in cele- big cities risked their lives and the lives of versary. Established in March of 1997, TWAH their families by sheltering Greek Jews. began as a pilot program with 18 telework vol- brating the 10th anniversary of the Trademark Fortunately, the decimated Greek Jewish unteers. Today, TWAH is the most successful Work at Home program. community with the assistance of the state and progressive program in the Federal Gov- f and energized by its unique spiritual inheritance survived the massacre of the Holocaust. ernment, involving 85 percent of eligible trade- CONGRATULATING THE AMBAS- mark examining attorneys, who work 4 days Today the Greek Jews have reclaimed their SADOR OF GREECE TO THE rightful position among the most dynamic per week at home. UNITED STATES, MR. and progressive segments of the Greek soci- The USPTO, located in my congressional ALEXANDROS MALLIAS ety. district in Alexandria, VA, has received many The message of the Holocaust: Never distinguished awards for opening doors to its HON. SHELLEY BERKLEY Again. telework program. These include the most re- (C) INDICATIVE MEASURES ADOPTED BY THE OF NEVADA cent 2007 Work-Life Innovative Excellence GREEK STATE. IN THE HOUSE OF REPRESENTATIVES Award from the Alliance for Work-Life First post World War II Greek Government Progress—the highest honor offered by the or- Wednesday, May 23, 2007 was the first among European countries to ganization, which was created to showcase Ms. BERKLEY. Madam Speaker, I rise to pass legislation for the restitution of the programs and policies that demonstrate excel- congratulate the Ambassador of Greece to the property confiscated by the German occupation Forces. Unclaimed property did not re- lence in promoting work-life effectiveness United States, Mr. Alexandros Mallias, who vert to the state but was given to the Jewish while achieving institutional goals. Other nota- was recently honored by the B’nai B’rith Inter- Community. ble awards include those from the Metropoli- national Center for Jewish Culture for his com- Designation by Law 3218/2004 of the 27th of tan Washington Council of Governments, the mitment to advancing Jewish-Greek relations. January as the day of Remembrance of the

VerDate Aug 31 2005 06:16 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\E23MY7.REC E23MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1140 CONGRESSIONAL RECORD — Extensions of Remarks May 23, 2007 Holocaust. Legislation was praised by many Nash, and many family members in Middle day work of democracy, Teresa Kirkeeng- members of the US Congress. River and Essex, Maryland. Kincaid truly earned the title of ‘‘hero.’’ Greece became a full member of the Task Madam Speaker, today I ask that you join Force for International Cooperation on Holo- caust Education, Remembrance and Re- with me in honoring the life of a man truly f dedicated to serving his Country. search (Cracow Session 12–18 November 2005). ‘‘DEAMONTE’S LAW,’’ H.R. 2371 Memorials have been erected in many cit- f ies throughout Greece. Public TV often shows documentaries and PERSONAL EXPLANATION historical series on the Holocaust. HON. ELIJAH E. CUMMINGS Since school year 2005–2006, the Holocaust HON. JOHN B. LARSON OF MARYLAND is included in the curriculum of the third OF CONNECTICUT IN THE HOUSE OF REPRESENTATIVES grade Lyceum (age 17–18 years old) entitled ‘‘War crimes—the Holocaust’’ and students IN THE HOUSE OF REPRESENTATIVES Wednesday, May 23, 2007 are tested at the end of the school year. Wednesday, May 23, 2007 An extensive revision of textbooks is being Mr. CUMMINGS. Madam Speaker, I rise undertaken by the Pedagogical Institute. A Mr. LARSON of Connecticut. Madam today to announce that I have introduced new textbook and teachers’ guidelines will Speaker, I regret that I did not vote on rollcall ‘‘Deamonte’s Law,’’ H.R. 2371, a bill to estab- be issued next year. Textbooks of primary vote No. 400, on May 22, 2007. Had I been lish a dental home for every American child by and secondary education are also being represent, I would have voted: ‘‘Yea’’ on rollcall increasing dental services in community health vised. No. 400 on the motion to suspend the rules centers and training more individuals in pedi- (D) HISTORIC PERSPECTIVE and pass H.R. 2399, to amend the Immigra- atric dentistry. Greece has firmly condemned pronounce- tion and Nationality Act to combat the crime of The legislation is named for Deamonte Driv- ments by the Iranian President calling for alien smuggling and related activities and for er, a 12-year-old Maryland boy who died on Israel to be wiped-off the map and denying other purposes. February 25, 2007, when a tooth infection the indisputable fact of the Holocaust. How f spread to his brain. A routine dental checkup would anyone deny this fact when the Greek- might have saved his life, but Deamonte was Jewish community almost vanished during IN TRIBUTE TO TERESA poor and homeless and he did not have ac- the German occupation of Greece? KIRKEENG-KINCAID The unique historic perspective of the Jew- cess to a dentist. ish people guarantees that the issue of Mac- When I learned of this senseless tragedy, I edonia is well understood. After all, one of HON. RAY LaHOOD was deeply shaken. I simply cannot com- the most ancient and flourishing Greek-Jew- OF ILLINOIS prehend how, in this country where we have ish communities is in Thessaloniki. Jews IN THE HOUSE OF REPRESENTATIVES from Macedonia who after WW II emigrated sent a man to the moon, we let a little boy’s to Israel or the US are proud for their Greek Wednesday, May 23, 2007 teeth rot so badly that his infection became inheritance. fatal. Mr. LAHOOD. Madam Speaker, I rise today History transcends national borders. It be- to pay tribute to Teresa Kirkeeng-Kincaid, a I often say that as adults, we have a re- longs to all of us. Political differences can- sponsibility to provide for and protect our chil- not justify the distortion of history in any remarkable civil servant who dedicated her entire career to making her community, the Illi- dren—and we failed to meet that responsibility form. Greeks and Jews understand that. for little Deamonte. f nois River basin, the Upper Mississippi River Region and her Nation a better place. Teresa I think we all should be ashamed by that IN HONOR AND MEMORY OF ARMY passed away last week at the young age of fact. I know I am. SPECIALIST CASEY W. NASH 48, after a courageous battle against cancer. That is why I have made a commitment to Her legacy, however, will continue long into addressing this issue from every angle. I knew HON. C.A. DUTCH RUPPERSBERGER the future. Teresa dedicated her entire profes- that if Deamonte was suffering in my home OF MARYLAND sional life to working for the Federal Govern- state of Maryland, other little boys and girls like him were probably also suffering. IN THE HOUSE OF REPRESENTATIVES ment. I have long believed that government service is a high and important calling. The To be clear, Deamonte’s case was rare and Wednesday, May 23, 2007 hours are often long, the pressures are great, extreme; however, even the most casual in- Mr. RUPPERSBERGER. Madam Speaker, I and the monetary compensation is frequently vestigation reveals that children across the rise before you today to honor Army Specialist lower than what is available in the private sec- country are living with painful, untreated tooth Casey W. Nash, who died the eighteenth of tor. Teresa was one of those individuals who decay, many of them dangerously close to ac- May two-thousand seven in support of Oper- was more concerned with making a difference quiring life-threatening infections. ation Iraqi Freedom. than making a fortune. Teresa joined the U.S. The Centers for Disease Control and Pre- Specialist Nash and two other soldiers were Army Corps of Engineers as a civil engineer vention reports that tooth decay in baby teeth killed by an improvised explosive device in with the Rock Island District in 1981, and con- has increased 15 percent among United Tahrir, Iraq. He died of serious injuries when tinued with the Corps for 26 years. In that States toddlers and preschoolers 2 to 5 years the roadside-improvised explosive device det- time, she served in many roles, including As- old, between 1988 to 1994 and 1994 to 2004; onated near his unit. Specialist Nash enlisted sistant Chief of the Planning, Program and Tooth decay is the single most common in the Army in February 2003, shortly after Project Management Division. childhood chronic disease, and it dispropor- graduating from Eastern Technical High During her two and a half decades of serv- tionately affects poor and minority children; School, where he played football. Casey was ice, Teresa earned a reputation on the Illinois Eighty percent of dental decay occurs in just assigned to the 1st Battalion, 12th Cavalry River basin, the Upper Mississippi Region and 25 percent of children; and Regiment, 3rd Brigade Combat Team, 1st across the Nation as a public servant of great Cavalry Division at Fort Hood, Texas. Casey dedication and integrity. She played a leader- Parents are three times more likely to report served as a fire support specialist and his du- ship role in formulating navigation, flood dam- that their children’s dental needs are unmet, ties included mapping coordinates and driving age, and ecosystem restoration projects when compared with general medical care a Humvee. He was serving his second tour of throughout the entire Upper Mississippi River needs. duty in Iraq. basin. She was the ‘‘go to person’’ throughout A silent epidemic of dental disease is plagu- Casey Nash was born in Pasadena, Texas, the Corps of Engineers on numerous planning ing our children, and our inability to address and moved to Middle River, Maryland with his issues. The team she led reestablished the this issue has had horrifying effects. family when he was a child. He attended Vic- Corps’ Planning Associates program to train That is why I have introduced ‘‘Deamonte’s tory Villa Elementary School and Middle River future planners for the Corps, a legacy that Law,’’ H.R. 2371, which would address two Middle School before attending Eastern Tech- will last for many decades. critical factors contributing to the inability of nical High School. Casey moved to Essex, I had the occasion to meet Teresa several children like Deamonte to access a dentist: Maryland with his mother, Sandra Nash, and times, and know the very high regard in which ‘‘Deamonte’s Law’’ would ensure that chil- his sister while he was in high school. she was held by her co-workers, her countless dren like Deamonte have access to dental The Eastern Technical High School alumnus friends, and her loving family. It is my hope services in the communities where they live. is succeeded by his father, Lewis Nash, his they will take solace in the fact that through Community health centers provide a health mother, Ms. Sandra L. Nash, his sister, Sara more than two decades of doing the day-to- safety net to underserved areas, such as

VerDate Aug 31 2005 06:16 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E23MY7.REC E23MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 23, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1141 rural and urban communities; however, an es- TRIBUTE TO JESUS ARMAS—HAY- HONORING THE STATE OF TEXAS timated 42 percent have gaps in their capacity WARD CITY MANAGER FOR ITS CONTRIBUTIONS TO THE to provide dental care. ‘‘Deamonte’s Law’’ EXTRAORDINAIRE NATION’S CIVIL SPACE PRO- would address this issue by establishing a 5- GRAM year, $5 million pilot program to provide funds for dentists, equipment and construction for HON. FORTNEY PETE STARK HON. NICK LAMPSON dental services at community health centers. OF CALIFORNIA OF TEXAS The program would also provide support for IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES contractual relationships between centers and Wednesday, May 23, 2007 private practice dentists. Wednesday, May 23, 2007 Mr. LAMPSON. Madam Speaker, a resolu- ‘‘Deamonte’s Law’’ would also address the Mr. STARK. Madam Speaker, I rise today to tion honoring the State of Texas for its con- dentist shortage. The U.S. Department of pay tribute to Jesus Armas, City Manager of tributions to the Nation’s civil space program. Health and Human Services estimates that Hayward, CA. Mr. Armas is ending his long Whereas the Johnson Space Center (JSC), there is a shortage of 4,650 dentists—and pe- and distinguished career with the City of Hay- originally established as the Manned Space- diatric dentists are even more scarce. ward at the end of June 2007. Mr. Armas, who craft Center in Houston, Texas in 1961 and ‘‘Deamonte’s Law’’ would address this issue has been associated with the City for nearly later renamed in honor of President Lyndon B. by establishing a 5-year, $5 million pilot pro- 20 years, was initially Assistant City Manager Johnson in 1973, continues to lead the Na- gram to enhance training and academic pro- and since 1993 has held the position of City tional Aeronautics and Space Administration’s (NASA) efforts in human space exploration; grams in pediatric dentistry, recruit and train Manager. Whereas JSC Houston is the home of dentists to study pediatrics, and provide con- During his tenure, Mr. Armas has assisted NASA’s Mission Control, the Astronaut Corps, tinuing education for practicing dentists. the City Council in addressing a number of and is the premier center for our nation’s The legislation is endorsed by the American issues that were outstanding at the time of his human space flight and related scientific and Dental Association. appointment as City Manager. Among his first medical research efforts; tasks was to help the City Council address the Whereas JSC’s team of dedicated profes- I was joined in introducing this legislation by financial challenges facing the City. The City sionals has made advances in science, tech- my colleagues, Chairman HENRY A. WAXMAN was experiencing declining revenues and a re- nology, engineering and medicine that enable of California and Chairman DENNIS KUCINICH duction in its fund balance. Working with de- us to explore our world and universe as never of Ohio. partment heads and with the cooperation and before, and to derive unparalleled benefits I want to thank both Congressmen for their assistance of employees and their associa- from that exploration; leadership and dedication to this issue. tions or unions, various cost-saving measures Whereas JSC currently employs over 3,200 were presented and adopted by the Council, civil servants that include the NASA astronaut On May 2, 2007, at my request, we con- resulting in a balanced budget. This spirit of corps and over 12,000 contractor employees, ducted an oversight hearing entitled, ‘‘Evalu- cooperation among all members of the organi- which makes a significant positive economic ating Pediatric Dental Care under Medicaid’’ to zation was employed once again a decade impact on both the state of Texas and the city investigate Deamonte Driver’s death. later when a downturn in the economy re- of Houston; At the hearing, it became apparent that the quired another belt tightening, Whereas NASA’s Explorer School program in Texas brings together educators, adminis- Centers for Medicare and Medicaid Services Mr. Armas has initiated and implemented a has categorically failed to meet its oversight trators, students and families in sustained in- number of significant changes, which have volvement with NASA’s education programs responsibilities with regard to ensuring that made Hayward a better place in which to live and provides grants to schools to support the state health departments, and the managed and work. Under the City Council’s direction, purchase of technology tools, online services care organizations that they contract with, are he initiated projects that dramatically trans- and in-service support for the integration of in compliance with the law. formed downtown Hayward. Construction of a technology applications to engage students in Section 1905(r)(3) of the Social Security Act new award-winning City Hall served as a cata- advanced science and mathematics investiga- ensures that every Medicaid-eligible child will lyst for significant public and private sector in- tions; vestments in the downtown area. Housing and have access to medically necessary dental Whereas NASA’s next mission—Space retail development continue at a fast pace. care under the early and periodic screening, Shuttle Mission STS–117—is scheduled to While many communities in the Bay Area diagnostic and treatment (EPSDT) provision. launch this summer and honors the state of talked about the concept of transit-oriented de- Texas by having 3 hometown astronauts However, it is evident from our investigation velopment, Hayward went beyond the talking aboard Mission Specialist James F. Reilly of that this has not been the case. stage and caused the concept to become a Mesquite and Mission Specialists Patrick G. That is why Chairman KUCINICH and I sent reality. Mr. Armas describes the transformation Forrester and John D. Olivas, both of EI Paso; letters to CMS Director Dennis Smith and of downtown as something he is especially and Health and Human Services (HHS) Depart- proud of. Whereas native Texans and Astronauts ment Secretary Michael Leavitt to ensure that Jesus Armas has been the force and vision Robert S. Kimbrough and Shannon Walker they are fulfilling their statutory obligation to behind many projects that have enhanced the have qualified for future space flights as mission specialists, Astronaut Timothy L. Kopra is provide comprehensive dental care to every social, financial and environmental well-being currently in training at JSC for future flight as- Medicaid-eligible child. of the City of Hayward. In reflecting on his ten- signments, Astronaut Michael E. Fossum has ure, Mr. Armas said that beyond the bricks I remain committed to addressing this prob- flown 1 space flight, and Astronaut Kenneth D. and mortar, what is noteworthy has been the lem from every angle, and I would urge all my Cockrell has flown on 5 space flights: Now, opportunity to work in a diverse community, colleagues to join me by supporting therefore, be it where differences involving race, ethnicity and Resolved, That the House of Representa- ‘‘Deamonte’s Law,’’ H.R. 2371. languages, are embraced and seen as posi- tives— I want to thank Representatives MILLER, tive rather than negatives aspects of the com- (1) Recognize these remarkable achieve- COHEN, GRIJALVA, SERRANO, MCCOLLUM and munity. ments to the nation’s Civil Space Program by PAYNE for already cosponsoring the legislation, Mr. Armas states ‘‘I will be eternally grateful the State of Texas and its residents; and and I would urge all of my colleagues to join to Hayward residents for allowing me to expe- (2) Congratulate NASA employees, astro- them. rience a rewarding and enriching professional nauts, students, and teachers, for their ongo- Children’s lives are at stake. I can think of career,’’ I join the City of Hayward, CA in ex- ing contributions to the advancement of United no better reason to act with a great sense of pressing our profound appreciation to Mr. States engineering, scientific, and aeronautic urgency. Armas for his exemplary commitment and capacity, ensuring a brighter and stronger fu- dedicated public service. ture for this Nation.

VerDate Aug 31 2005 06:16 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E23MY7.REC E23MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE E1142 CONGRESSIONAL RECORD — Extensions of Remarks May 23, 2007 RECOGNIZING JAMES HATLER FOR reason she was awarded the Combat Action Noncommissioned Officers Academy. I am so ACHIEVING THE RANK OF EAGLE Badge. Her awards also include the Bronze honored to recognize Chief Taylor for her SCOUT Service Medal, Meritorious Service Medal, dedication to the United States. Army Commendation Medal, Army Achieve- Madam Speaker, it is with great admiration HON. SAM GRAVES ment Medal, Army Good Conduct Medal, Na- and pride that the Congressional Caucus for Women’s Issues honors these four service- OF MISSOURI tional Defense Service Medal, Drill Sergeant women and their extraordinary accomplish- IN THE HOUSE OF REPRESENTATIVES Badge, and Combat Action Badge. I am truly pleased to honor SFC Barbara Clavijo for her ments. In a time when our military faces espe- Wednesday, May 23, 2007 service and dedication. cially difficult challenges both at home and Mr. GRAVES. Madam Speaker, I proudly Master Chief Ann L. Tubbs began her ca- abroad, these four women have shown excep- pause to recognize James Hatler, a very spe- reer with the U.S. Coast Guard in July 1980 tional courage, ability and loyalty to the Armed cial young man who has exemplified the finest when she graduated from the Coast Guard Services of the United States of America. qualities of citizenship and leadership by tak- Training Center in Cape May, New Jersey and They are true shining examples of the numer- ing an active part in the Boy Scouts of Amer- was assigned to Coast Guard Station ous women serving in our military today. ica, Troop 214, and in earning the most pres- Jonesport in West Jonesport, ME. Later, she f was assigned aboard the Coast Guard ice- tigious award of Eagle Scout. IN TRIBUTE TO THE LATE CAP- breaker Glacier where she made 2 trips to James has been very active with his troop, TAIN PETER CHARLES Antarctica as part of Operation Deep Freeze. participating in many scout activities. Over the SIGUENZA, USMC (RET) many years James has been involved with After leaving Glacier, Master Chief Tubbs scouting, he has not only earned numerous spent 2 years in Mobile, AL., as a small boat merit badges, but also the respect of his fam- engineer running search and rescue boats in HON. MADELEINE Z. BORDALLO ily, peers, and community. the Gulf of Mexico. OF GUAM Madam Speaker, I proudly ask you to join In August 2001, she accepted an active IN THE HOUSE OF REPRESENTATIVES me in commending James Hatler for his ac- duty position in the Office of Reserve Affairs at Wednesday, May 23, 2007 complishments with the Boy Scouts of Amer- Coast Guard Headquarters in Washington, Ms. BORDALLO. Madam Speaker, I rise ica and for his efforts put forth in achieving the DC. In 2002, she advanced to Senior Chief today to honor the life and service of Captain highest distinction of Eagle Scout. Petty Officer and was assigned as the Enlisted Peter Charles Siguenza, United States Marine f Gender Policy Advisor to the Commandant. Corps (Retired), who passed away on May 17, She advanced to Master Chief Petty Officer on 2007, just two days after his 87th birthday. He 10TH ANNUAL WOMEN IN MILI- January 1, 2005. She assumed her current job was the first Chamorro to be commissioned as TARY WREATH LAYING CERE- as Special Assistant to the Master Chief Petty an officer in the Marine Corps. Peter was also MONY Officer of the Coast Guard in October of 2006. a well known public figure on Guam, and a Master Chief Tubbs’ military awards include genuinely fine and honest man who consist- HON. JANICE D. SCHAKOWSKY the Coast Guard Commendation Medal, the ently gave of himself in service to his commu- OF ILLINOIS Coast Guard Achievement Medal with Oper- nity and his fellow Marines. The outpouring of IN THE HOUSE OF REPRESENTATIVES ational Distinguishing Device, the Com- public condolences and accolades in my home mandant’s Letter of Commendation, the Coast Wednesday, May 23, 2007 district following the news of Peter’s passing is Guard Good Conduct Medal and the Reserve indicative of the respect, admiration, and af- Ms. SCHAKOWSKY. Madam Speaker, I rise Good Conduct Medal, and the Antarctic Serv- fection the people of Guam had for Peter and on behalf of the entire Women’s Caucus, Co- ice Medal. I am so pleased to recognize Mas- his service to his country. Chairs LOIS CAPPS and CATHY MCMORRIS ter Chief Tubb’s today. A person’s record of military and community RODGERS and my co-Vice Chair, MARY FALLIN, SSGT Cassie L. Lucero began her career service can be extensive and very impressive, to honor four women who have served our with the Marines in 1998. During her career in but records do not convey the admiration or Nation with honor and distinction. Today, the the Marines, she has been decorated with nu- depth of emotion of the recipients of the serv- 10th Annual Women in Military Wreath Laying merous medals, including the Joint Service ice. Peter C. Siguenza was born on May 15, Ceremony hosted by the Caucus, was held at Commendation Medal, Navy and Marine 1920, the second of nine children born to the Arlington Cemetery. The purpose is to honor Corps Commendation Medal, three Navy Ma- late Jose and Consolacion Mendiola our Nation’s servicewomen and women vet- rine Corps Achievement Medals, two Joint Siguenza. He attended Seaton Schroeder Jun- erans for their courage and achievements, and Meritorious Unit Awards, Navy Unit Com- ior High School in Haga˚tn˜a and graduated to remember the women who have died in mendation, Navy Meritorious Unit Commenda- from Coronado High School in Coronado, Cali- service to the United States of America. tion, two Good Conduct Medals, National De- fornia. He attended San Diego State College SFC Barbara Clavijo, United States Army, fense Service Medal, Iraqi Campaign Medal, for 2 years, from 1940–1942. After the attack distinguished herself by exceptionally meri- Global War on Terrorism Expeditionary Medal, on Pearl Harbor plunged the United States torious conduct in the performance of out- Global War on Terrorism Service Medal, Ko- into war, Peter, like thousands of young men, standing service to the United States as the rean Defense Medal, Military Outstanding Vol- enlisted in the Armed Forces. Peter volun- Multi-National Division Baghdad Force Protec- unteer Service Medal, and three Sea Service teered for the Marine Corps. After completing tion Vulnerability Assessment Team NCOIC, Deployment Awards. It is my pleasure to boot camp, he was assigned to the Third Ma- 4th Infantry Division, Camp Liberty, Iraq from honor SSGT. Cassie L. Lucero for her service. rine Division. He saw action in New Zealand, December 2, 2005–November 15, 2006 in CMSGT and Barbara S. Taylor is the Chief Guadacanal, and Bougainville. The division support of Operation Iraqi Freedom. of Supply for the United States Air Force was then ordered to the Marianas to recapture While assigned as the Multi-National Divi- Band, Bolling Air Force Base, Washington, Guam. sion Baghdad Vulnerability Assessment Team D.C. Originally from Kingsport, TN, her military Peter was on board the USS Dupage, NCOIC, SFC Clavijo was directly responsible career began in 1982. CMSGT Barbara S. where he and his fellow Marines watched the for the development and execution of the Divi- Taylor was assigned to the United States Air intense pre-invasion bombardment of the is- sion’s force protection program. Without hesi- Force Heritage of America Band at Langley land. He often spoke about how difficult it was tation and with great enthusiasm, and despite Air Force Base, Virginia. There, she was both to witness the bombing knowing his family the inherent threats and dangers, she continu- a euphonium and vocal soloist. She was the was somewhere on the island, but not know- ously navigated the MND–B’s battle space to band’s Director of Operations from October ing whether they were safe. conduct vulnerability assessments. These as- 1995 until her reassignment to the United Peter was among those destined to hit the sessments required SFC Clavijo to plan, co- States Air Force Band in January 1997. In beach at Asan, Guam, and begin the retaking ordinate, and participate in over 125 ground 1993 and 1996, Chief Taylor was named the of the island from the Imperial Army of Japan. and air movements in support of these mis- Air Combat Command Band’s Noncommis- But he was ordered away from the battle to at- sions. During the course of these assess- sioned Officer of the Year, and in February tend Officer Candidate School before the land- ments she was forced to travel many routes 1997 she was named the Air Combat Com- ing occurred. Peter returned to Guam as a known to be covered with Improvised Explo- mand Noncommissioned Officer of the Year second lieutenant and participated in post-in- sive Devices, IEDs. During one of these as- for the band career field. Chief Taylor was vasion operations to secure the island. He re- sessments she had the unlucky fortune to also awarded the Commandant’s Award at mained on Guam at the end of the war and have her vehicle targeted by an IED. For this both the Airman Leadership School and the was assigned to Island Command in 1946.

VerDate Aug 31 2005 06:16 Jul 28, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 J:\CRONLINE\2007BA~3\2007NE~2\E23MY7.REC E23MY7 mmaher on PROD1PC70 with CONG-REC-ONLINE May 23, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1143 Peter joined the Marine Corps Reserves Now more than ever, we must commit our- any cancellations or changes in the and was assigned to the 12th Reserve District selves to full mental health parity. An esti- meetings as they occur. in San Francisco after his discharge from ac- mated 26 percent of Americans between the As an additional procedure along tive duty. Upon returning to civilian life, Peter ages 18 and older suffer from a diagnosable with the computerization of this infor- returned and completed college, earning a mental disorder in a given year. This means mation, the Office of the Senate Daily bachelor’s degree from St. Mary’s College in that 57.7 million people currently suffer from a Digest will prepare this information for Moraga, California, in 1949. He then earned a mental disorder. Millions who suffer from seri- printing in the Extensions of Remarks Master of Science degree in Public Adminis- ous, debilitating, and life altering mental dis- section of the CONGRESSIONAL RECORD tration from the University of Southern Cali- orders. Mental disorders such as Alzheimer’s, on Monday and Wednesday of each fornia at Los Angeles in 1955. In 2005, he Schizophrenia and Bi-Polar Disorder. Nearly week. was awarded an honorary doctorate from the two thirds of all people with diagnosable men- Meetings scheduled for Thursday, University of Guam. tal disorders do not seek treatment. May 24, 2007 may be found in the Daily On September 2, 1950, Peter married his The burden of mental illness on health and Digest of today’s RECORD. sweetheart, Barbara Bordallo. They had three productivity amongst society in the United children: Peter, Monica, and Donna. States has been underestimated. A massive MEETINGS SCHEDULED After retiring as a captain from the Marine study conducted by the World Health Organi- Corps Reserves, Peter went to work for the zation, The World Bank, and Harvard Univer- Government of Guam, serving as director of sity, discovered that mental illness, accounts JUNE 5 Labor and Personnel under Governors Carlton for over 15 percent of the burden of disease 2 p.m. S. Skinner, Ford Q. Elvidge and Richard B. in market economies, such as the United Judiciary To continue hearings to examine the De- Lowe. He then entered into federal service States. This is more than the burden caused and worked at posts throughout the United partment of Justice politicizing the by cancers. hiring and firing of United States At- States. He also served as a personnel man- I am grateful to the Committee on Education torneys, focusing on preserving pros- agement specialist and appeals and grievance and the Workforce for reauthorizing the Older ecutorial independence. examiner with the Department of Defense De- Americans Act. The Older Americans Act sup- SD–226 pendents Schools in Europe and the Pacific, ports the mental health needs of the elderly. and as a personnel management and labor re- Nearly 236 elderly people per 100,000 suffer JUNE 6 lations specialist on the director’s staff. After from a mental illness. The highest suicide rate 10 a.m. retiring from federal service, Peter went to in America is among those aged 65 and older. Judiciary work as personnel director for Jones and Elderly men are the demographic area that is To hold hearings to examine patent reform, focusing on the future of Amer- Guerrero Company, Inc., from 1980–1986. most likely to commit suicide. Specifically, I In addition to his military, government, and ican innovation. want to ensure that senior citizens have ac- private sector careers, Peter always found SD–226 cess to mental health services in their respec- time to serve his community. He served as tive communities or wherever they receive pri- JUNE 7 chairman of the University of Guam’s Board of mary health care services. I would like to com- Regents; was on the Board of Trustees of the 2 p.m. mend the Honorable PATRICK KENNEDY for his Judiciary Guam Community College; was a member efforts in providing mental health parity in To hold hearings to examine S. 453, to and past president of the Guam Chapter of Medicare. I am pleased that we are beginning prohibit deceptive practices in Federal the Third Marine Division Association, the Na- to make some headway on this important elections. tional Association of Federal Employees, the issue. SD–226 Guam Territorial Society of Washington, D.C., Commerce, Science, and Transportation a member and past vice president of the f Space, Aeronautics, and Related Agencies Young Men’s League of Guam, and member PERSONAL EXPLANATION Subcommittee of the St. Jude Assembly of the Knights of Co- To hold joint hearings with the House Science and Technology Committee’s lumbus. Subcommittee on Investigations and Peter C. Siguenza passed away just 5 days HON. ADAM H. PUTNAM OF FLORIDA Oversight to examine the investigation after the passing of former Senator Paul J. of the National Aeronautics and Space IN THE HOUSE OF REPRESENTATIVES Bordallo on May 12, 2007. Both men were my Administration Inspector General. brothers-in-law. The entire Bordallo family Wednesday, May 23, 2007 SR–253 mourns the passing of two of its finest mem- Mr. PUTNAM. Madam Speaker, on Tues- JUNE 12 bers. Peter was a proud and life long Marine, day, May 22, 2007, I missed recorded votes a war hero, a diligent public servant at both due to familial obligations. Please let the 2:30 p.m. Commerce, Science, and Transportation the federal and local government levels, a val- record show that had I been here, I would ued professional in the private sector, a de- Interstate Commerce, Trade, and Tourism have voted the following way: Roll No. 386— Subcommittee voted Catholic, and an upstanding citizen. ‘‘yea;’’ roll No. 387—‘‘yea;’’ roll No. 388— My prayers and condolences are with his To hold hearings to examine United ‘‘yea;’’ roll No. 389—‘‘yea;’’ roll No. 390— States trade relations with China. wife, Bobbie; his son, Peter C. Siguenza, Jr., ‘‘yea;’’ roll No. 391—‘‘yea;’’ roll No. 392— SR–253 the retired chief justice of the Supreme Court ‘‘yea;’’ roll No. 393—‘‘yea;’’ roll No. 394— of Guam; his daughters and sons-in-law, ‘‘yea;’’ roll No. 395—‘‘yea;’’ roll No. 396— JUNE 13 Monica and Michael Sphar and Donna and ‘‘nay;’’ roll No. 397—‘‘yea;’’ roll No. 398— 9:30 a.m. Joel Rigler; his grandchildren, Dawn, David, ‘‘yea;’’ roll No. 399—‘‘yea;’’ roll No. 400— Veterans’ Affairs Isaac, and Nathaniel; his siblings, Olivia S. ‘‘yea;’’ roll No. 401—‘‘yea;’’ roll No. 402— Business meeting to markup pending legislation. Guerrero, Eduardo C. Siguenza, and Antonio ‘‘nay.’’ C. Siguenza, and with his other Bordallo SD–562 brothers- and sisters-in-law. f 10 a.m. SENATE COMMITTEE MEETINGS Rules and Administration f To hold hearings to examine nomina- MENTAL HEALTH MONTH Title IV of Senate Resolution 4, tions to the Federal Election Commis- agreed to by the Senate on February 4, sion. 1977, calls for establishment of a sys- SR–301 HON. DANNY K. DAVIS tem for a computerized schedule of all OF ILLINOIS meetings and hearings of Senate com- JUNE 27 IN THE HOUSE OF REPRESENTATIVES mittees, subcommittees, joint commit- 9:30 a.m. Wednesday, May 23, 2007 tees, and committees of conference. Veterans’ Affairs This title requires all such committees To hold an oversight hearing to examine Mr. DAVIS of Illinois. Madam Speaker, I rise the Department of Veterans Affairs today to remind my colleagues that May is to notify the Office of the Senate Daily and the Department of Defense, focus- Mental Health Month. I would also like to Digest—designated by the Rules Com- ing on cooperation on employment thank those who have dedicated their lives to mittee—of the time, place, and purpose issues. mental healthcare. of the meetings, when scheduled, and SD–562

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HIGHLIGHTS House Committees ordered reported seventeen sundry measures. Senate Lino Perez, Jr. Post Office: Senate passed H.R. Chamber Action 437, to designate the facility of the United States Routine Proceedings, pages S6495–S6575 Postal Service located at 500 West Eisenhower Street Measures Introduced: Twenty-one bills were intro- in Rio Grande City, Texas, as the ‘‘Lino Perez, Jr. duced, as follows: S. 36, 37, 38, 1453–1470. Post Office’’, clearing the measure for the President. Page S6549 Page S6573 Measures Reported: Atanacio Haro-Marin Post Office: Senate passed Special Report entitled ‘‘Economic Developments H.R. 625, to designate the facility of the United in Aging’’. (S. Rept. No. 110–71) States Postal Service located at 4230 Maine Avenue S. 495, to prevent and mitigate identity theft, to in Baldwin Park, California, as the ‘‘Atanacio Haro- ensure privacy, to provide notice of security breaches, Marin Post Office’’, clearing the measure for the and to enhance criminal penalties, law enforcement President. Page S6573 assistance, and other protections against security Lieutenant Todd Jason Bryant Post Office: Sen- breaches, fraudulent access, and misuse of personally ate passed H.R. 988, to designate the facility of the identifiable information, with amendments. (S. Rept. United States Postal Service located at 5757 Tilton No. 110–70) Avenue in Riverside, California, as the ‘‘Lieutenant S. 231, to authorize the Edward Byrne Memorial Todd Jason Bryant Post Office’’, clearing the meas- Justice Assistance Grant Program at fiscal year 2006 ure for the President. Page S6573 levels through 2012. Page S6548 Sergeant Dennis J. Flanagan Lecanto Post Of- Measures Passed: fice Building: Senate passed H.R. 1402, to des- President Ford Commemorative Document: Sen- ignate the facility of the United States Postal Service ate agreed to H. Con. Res. 128, authorizing the located at 320 South Lecanto Highway in Lecanto, printing of a commemorative document in memory Florida, as the ‘‘Sergeant Dennis J. Flanagan Lecanto of the late President of the United States, Gerald Post Office Building’’, clearing the measure for the Rudolph Ford. Page S6572 President. Page S6573 Dr. Francis Townsend Post Office Building: Measures Considered: Senate passed S. 1352, to designate the facility of Comprehensive Immigration Reform: Senate con- the United States Postal Service located at 127 East tinued consideration of S. 1348, to provide for com- Locust Street in Fairbury, Illinois, as the ‘‘Dr. prehensive immigration reform, and taking action on Francis Townsend Post Office Building’’. Page S6573 the following amendments proposed thereto: Miguel Angel Garcia Mendez Post Office Build- Pages S6499–S6539 ing: Senate passed H.R. 414, to designate the facil- Adopted: ity of the United States Postal Service located at 60 By 74 yeas to 24 nays (Vote No. 175), Bingaman Calle McKinley, West in Mayaguez, Puerto Rico, as Amendment No. 1169 (to Amendment No. 1150), the ‘‘Miguel Angel Garcia Mendez Post Office to reduce to 200,000 the number of certain non-im- Building’’, clearing the measure for the President. migrants permitted to be admitted during a fiscal Page S6573 year. Pages S6506–14

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VerDate Aug 31 2005 06:05 May 24, 2007 Jkt 059061 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D23MY7.REC D23MYPT1 bajohnson on PRODPC74 with DIGEST May 23, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D733 Graham Amendment No. 1173 (to Amendment Message from the President: Senate received the No. 1150), to provide for minimum sentences for following message from the President of the United aliens who reenter the United States after removal. States on Friday, May 18, 2007: Pages S6514–18, S6522 Transmitting, pursuant to law, a report relative to Feinstein/Martinez Amendment No. 1146 (to the continuation of the national emergency with re- Amendment No. 1150), to provide for the protec- spect to Iraq as declared in Executive Order 13303 tion of unaccompanied alien children. of May 22, 2003, as received during the recess of the Pages S6521–22, S6524 Senate on May 18, 2007; which was referred to the Gregg Amendment No. 1172 (to Amendment Committee on Banking, Housing, and Urban Affairs. No. 1150), to ensure control of our Nation’s borders (PM 15) and strengthen enforcement of our immigration Nominations Received: Senate received the fol- laws. Pages S6522–24, S6524–28 lowing nominations: Prior to its adoption, a unanimous-consent agree- Ondray T. Harris, of Virginia, to be Director, ment was reached providing that the motion to table Community Relations Service, for a term of four the amendment be withdrawn. Page S6527 years. Leahy Modified Amendment No. 1165 (to 43 Army nominations in the rank of general. Amendment No. 1150), to clarify rules applicable to Page S6575 aliens employed as dairy workers. Page S6530 Graham (for Hutchison) No. 1168 (to Amend- Nominations Withdrawn: Senate received notifica- ment No. 1150), to provide local officials and the tion of withdrawal of the following nominations: Secretary of Homeland Security greater involvement Michael E. Baroody, of Virginia, to be a Commis- in decisions regarding the location of border fencing. sioner of the Consumer Product Safety Commission Pages S6530–31 for a term of seven years from October 27, 2006, Pending: which was sent to the Senate on March 5, 2007. Reid (for Kennedy/Specter) Amendment No. Michael E. Baroody, of Virginia, to be Chairman of the Consumer Product Safety Commission, which 1150, in the nature of a substitute. Page S6499 Grassley/DeMint Amendment No. 1166 (to was sent to the Senate on March 5, 2007. Page S6575 Amendment No. 1150), to clarify that the revoca- Messages from the House: Page S6547 tion of an alien’s visa or other documentation is not Measures Referred: Page S6547 subject to judicial review. Pages S6499–S6506 Measures Placed on the Calendar: Page S6548 Cornyn Amendment No. 1184 (to Amendment No. 1150), to establish a permanent bar for gang Executive Reports of Committees: Pages S6548–49 members, terrorists, and other criminals. Additional Cosponsors: Pages S6549–51 Pages S6529–30, S6531–35 Statements on Introduced Bills/Resolutions: Coleman/Bond Amendment No. 1158 (to Amend- Pages S6551–62 ment No. 1150), to amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 Additional Statements: Pages S6546–47 to facilitate information sharing between federal and Amendments Submitted: Pages S6562–71 local law enforcement officials related to an individ- Authorities for Committees to Meet: Pages S6536–37 ual’s immigration status. Pages S6571–72 Akaka Amendment No. 1186 (to Amendment No. 1150), to exempt children of certain Filipino Privileges of the Floor: Page S6572 World War II veterans from the numerical limita- Record Votes: One record vote was taken today. tions on immigrant visas. Pages S6537–39 (Total—175) Page S6514 A unanimous-consent agreement was reached pro- Adjournment: Senate convened at 9:30 a.m., and viding for further consideration of the bill at 10:30 adjourned at 8:26 p.m., until 9:30 a.m. on Thurs- a.m., on Thursday, May 24, 2007. Page S6573 day, May 24, 2007. (For Senate’s program, see the Stevens Tributes—Agreement: A unanimous-con- remarks of the Acting Majority Leader in today’s sent agreement was reached providing that the dead- Record on page S6573.) line for Senators to submit tributes on Senator Ste- vens for the Congressional Record be extended until close of business on Monday, June 4, 2007. Page S6572

VerDate Aug 31 2005 06:05 May 24, 2007 Jkt 059061 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D23MY7.REC D23MYPT1 bajohnson on PRODPC74 with DIGEST D734 CONGRESSIONAL RECORD — DAILY DIGEST May 23, 2007 Pennsylvania; and Jeff Dircksen, National Taxpayers Committee Meetings Union, Alexandria, Virginia. (Committees not listed did not meet) BUSINESS MEETING AUTHORIZATION—DEFENSE Committee on Energy and Natural Resources: Committee Committee on Armed Services: Subcommittee on Stra- ordered favorably reported the following items: tegic Forces met in a closed session and approved for S. Con. Res. 6, expressing the sense of Congress full committee consideration, those provisions which that the National Museum of Wildlife Art, located fall within the jurisdiction of the subcommittee, of in Jackson, Wyoming, should be designated as the the proposed National Defense Authorization Act for ‘‘National Museum of Wildlife Art of the United fiscal year 2008. States’’; S. 126, to modify the boundary of Mesa Verde AUTHORIZATION—DEFENSE National Park, with an amendment; Committee on Armed Services: Committee met in closed S. 175, to provide for a feasibility study of alter- session to make up proposed legislation authorizing natives to augment the water supplies of the Central appropriations for fiscal year 2008 for military ac- Oklahoma Master Conservancy District and cities tivities of the Department of Defense, but did not served by the District, with an amendment in the complete action thereon, and will meet again on to- nature of a substitute; morrow. S. 324, to direct the Secretary of the Interior to BUSINESS MEETING conduct a study of water resources in the State of New Mexico; Committee on Armed Services: Committee ordered favor- S. 542, to authorize the Secretary of the Interior ably reported 142 nominations in the Army, Navy, to conduct feasibility studies to address certain water Air Force, and Marine Corps. shortages within the Snake, Boise, and Payette River U.S. ECONOMIC RELATIONS WITH CHINA systems in the State of Idaho; Committee on Banking, Housing, and Urban Affairs: S. 553, to amend the Wild and Scenic Rivers Act Subcommittee on Security and International Trade to designate certain segments of the Eightmile River and Finance concluded a hearing to examine United in the State of Connecticut as components of the States economic relations with China, focusing on National Wild and Scenic Rivers System; strategies and options on exchange rates and market S. 580, to amend the National Trails System Act access, after receiving testimony from Morris Gold- to require the Secretary of the Interior to update the stein, Peterson Institute for International Economics, feasibility and suitability studies of four national his- Fairfax, Virginia; Robert S. Nichols, Financial Serv- toric trails; ices Forum, and David A. Hartquist, China Currency S. 686, to amend the National Trails System Act Coalition, both of Washington, D.C.; Patrick A. to designate the Washington-Rochambeau Revolu- Mulloy, George Mason University School of Law, Al- tionary Route National Historical Trail; exandria, Virginia, former Member, U.S China Eco- S. 797, to amend the National Trails System Act nomic and Security Review Commission; and John to designate the Star-Spangled Banner Trail in the W. Nolan, Steel Dynamics, Inc., Fort Wayne, Indi- States of Maryland and Virginia and the District of ana. Columbia as a National Historic Trail, with amendments; COMMUNICATIONS, TAXATION AND S. 890, to provide for certain administrative and FEDERALISM support services for the Dwight D. Eisenhower Me- Committee on Commerce, Science, and Transportation: morial Commission, with amendments; Committee concluded a hearing to examine commu- S. 1037, to authorize the Secretary of the Interior nications, taxation and federalism, focusing on the to assist in the planning, design, and construction of internet access tax moratorium and its impact on the Tumalo Irrigation District Water Conservation state and local government revenues, after receiving Project in Deschutes County, Oregon; testimony from Senators Wyden and Enzi; Rep- S. 1110, to amend the Reclamation Projects Au- resentative Eshoo; James R. White, Director, Tax thorization and Adjustment Act of 1992 to provide Issues, Strategic Issues, Government Accountability for the conjunctive use of surface and ground water Office; David C. Quam, National Governors Associa- in Juab County, Utah; tion, and Harley T. Duncan, Federation of Tax Ad- S. 1139, to establish the National Landscape Con- ministrators, both of Washington, D.C.; Annabelle servation System, with an amendment in the nature Canning, Verizon Communications, Philadelphia, of a substitute;

VerDate Aug 31 2005 06:05 May 24, 2007 Jkt 059061 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D23MY7.REC D23MYPT1 bajohnson on PRODPC74 with DIGEST May 23, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D735 S. 1152, to promote wildland firefighter safety, Washington by designating certain lower-elevation with an amendment; Federal lands as wilderness; H.R. 161, to adjust the boundary of the Minidoka H.R. 902, to facilitate the use for irrigation and Internment National Monument to include the other purposes of water produced in connection with Nidoto Nai Yoni Memorial in Bainbridge Island, development of energy resources, with an amend- Washington, with an amendment in the nature of a ment in the nature of a substitute; substitute; H.R. 1047, to authorize the Secretary of the Inte- H.R. 235, to allow for the renegotiation of the rior to conduct a study to determine the suitability payment schedule of contracts between the Secretary and feasibility of designating the Soldiers’ Memorial of the Interior and the Redwood Valley County Military Museum located in St. Louis, Missouri, as Water District; a unit of the National Park System; and H.R. 247, to designate a Forest Service trail at The nominations of Joseph Timothy Kelliher, of Waldo Lake in the Willamette National Forest in the District of Columbia, to be a Member of the the State of Oregon as a national recreation trail in Federal Energy Regulatory Commission, and R. Lyle honor of Jim Weaver, a former Member of the Laverty, of Colorado, to be Assistant Secretary of the House of Representatives; H.R. 276, to designate the Piedras Blancas Light Interior for Fish and Wildlife. Station and the surrounding public land as an Out- standing Natural Area to be administered as a part FUNDING SOCIAL SECURITY’S of the National Landscape Conservation System; ADMINISTRATIVE COSTS H.R. 376, to authorize the Secretary of the Inte- Committee on Finance: Committee concluded hearings rior to conduct a special resource study to determine to examine funding Social Security’s administrative the suitability and feasibility of including the battle- costs, focusing on disability benefits and the claims fields and related sites of the First and Second Bat- process, after receiving testimony from Michael J. tles of Newtonia, Missouri, during the Civil War as Astrue, Commissioner, Social Security Administra- part of Wilson’s Creek National Battlefield or desig- tion; Nancy G. Shor, National Organization of Social nating the battlefields and related sites as a separate Security Claimants’ Representatives (NOSSCR), En- unit of the National Park System; glewood Cliffs, New Jersey; Richard E. Warsinskey, H.R. 482, to direct the Secretary of the Interior National Council of Social Security Management As- to transfer ownership of the American River Pump sociations, Inc., Washington, DC; and Chuck Station Project; Schimmels, National Association of Disability Exam- H.R. 497, to authorize the Marion Park Project, iners, Oklahoma City, Oklahoma. a committee of the Palmetto Conservation Founda- tion, to establish a commemorative work on Federal VIOLENT CRIME land in the District of Columbia, and its environs to honor Brigadier General Francis Marion; Committee on the Judiciary: Subcommittee on Crime H.R. 512, to establish the Commission to Study and Drugs concluded a hearing to examine rising the Potential Creation of the National Museum of crime in the United States, focusing on the federal the American Latino to develop a plan of action for role in helping communities prevent and respond to the establishment and maintenance of a National violent crime, including S. 368, to amend the Om- Museum of the American Latino in Washington, nibus Crime Control and Safe Streets Act of 1968 to DC; enhance the COPS ON THE BEAT grant program, H.R. 658, to authorize the Secretary of the Inte- after receiving testimony from Mark Epley, Senior rior to enter into cooperative agreements to protect Counsel to the Deputy Attorney General, Depart- natural resources of units of the National Park Sys- ment of Justice; Mayor Douglas H. Palmer, Trenton, tem through collaborative efforts on land inside and New Jersey, on behalf of the United States Con- outside of units of the National Park System; ference of Mayors; Ted Kamatchus, Marshall County, H.R. 839, to authorize the Secretary of the Inte- Marshalltown, Iowa, on behalf of the National Sher- rior to study the feasibility of enlarging the Arthur iffs’ Association; Thomas J. Nee, National Associa- V. Watkins Dam Weber Basin Project, Utah, to tion of Police Organizations, and James Alan Fox, provide additional water for the Weber Basin Project Northeastern University, both of Boston, Massachu- to fulfill the purposes for which that project was au- setts; Rick S. Gregory, New Castle County Police thorized; Department, New Castle, Delaware; and Russell B. H.R. 866, to enhance ecosystem protection and Laine, Algonquin Police Department, Algonquin, Il- the range of outdoor opportunities protected by stat- linois, on behalf of the International Association of ute in the Skykomish River valley of the State of Chiefs of Police.

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WASHINGTON, DC: VOTER HEALTH CARE LEGISLATION REPRESENTATION Committee on Veterans’ Affairs: Committee concluded a Committee on the Judiciary: Committee concluded a hearing to examine health care legislation, after re- hearing to examine S. 1257, to provide the District ceiving testimony from Gerald M. Cross, Acting of Columbia a voting seat and the State of Utah an Principal Deputy, Under Secretary of Veterans Af- additional seat in the House of Representatives, and fairs for Health; Carl Blake, Paralyzed Veterans of H.R. 1905, to provide for the treatment of the Dis- America, Jerry Reed, Suicide Prevention Action Net- trict of Columbia as a Congressional district for pur- work USA, and Dennis M. Cullinan, Veterans of poses of representation in the House of Representa- Foreign Wars of the United States, all of Wash- tives, focusing on ending taxation without represen- ington, D.C.; Joy J. Ilem, Disabled American Vet- tation, after receiving testimony from Representa- erans, Cold Spring, Kentucky; Shannon Middleton, tives Cannon and Norton; John P. Elwood, Deputy American Legion, Indianapolis, Indiana; Bernard Assistant Attorney General, Office of Legal Counsel, Department of Justice; Patricia Wald, former Chief Edelman, Vietnam Veterans of America, Silver Judge, United States Court of Appeals for the Dis- Spring, Maryland; Meredith Beck, Wounded War- trict of Columbia Circuit; Kenneth R. Thomas, Leg- rior Project, New York, New York; and John Booss, islative Attorney, American Law Division, Congres- American Academy of Neurology, Saint Paul, Min- sional Research Service, Library of Congress; Utah nesota. Attorney General Mark L. Shurtleff, Salt Lake City; Jonathan Turley, George Washington University BUSINESS MEETING Law School, and Richard B. Bress, Latham and Wat- Select Committee on Intelligence: Committee ordered fa- kins LLP, both of Washington, DC9y008; and vorably reported an original bill authorizing funds Charles J. Ogletree, Jr., Harvard Law School, Cam- for fiscal year 2008 for the intelligence community. bridge, Massachusetts. h House of Representatives Point of Personal Privilege: Representative Chamber Action Kucinich rose to a point of personal privilege and Public Bills and Resolutions Introduced: Will be was recognized. Pages H5638–44 in the next issue of the Record. (See next issue.) Suspensions: The House agreed to suspend the rules Additional Cosponsors: (See Next issue.) and pass the following measures: Reports Filed: A report was filed today as follows: Federal Price Gouging Prevention Act: H.R. H.R. 2199, to amend title 38, United States 1252, amended, to protect consumers from price- Code, to direct the Secretary of Veterans Affairs to gouging of gasoline and other fuels, by a 2⁄3 yea-and- provide certain improvements in the treatment of in- nay vote of 284 yeas to 141 nays, Roll No. 404; dividuals with traumatic brain injuries, with amend- Pages H5628–36, H5647 ments (H. Rept. 110–166). (See Next issue.) Amending title XVIII of the Social Security Act Chaplain: The prayer was offered by the guest to provide an exception to the 60-day limit on Chaplain, Chaplain Marc Unger, 1–184th Infantry, Medicare reciprocal billing arrangements between California Army National Guard, Exeter, California. two physicians during the period in which one of Page H5625 the physicians is ordered to active duty as a mem- Board of Visitors to the United States Military ber of a reserve component of the Armed Forces: Academy—Appointment: The Speaker announced H.R. 2429, to amend title XVIII of the Social Secu- her appointment of the following Members of the rity Act to provide an exception to the 60-day limit House of Representatives to the Board of Visitors to on Medicare reciprocal billing arrangements between the United States Military Academy: Representatives two physicians during the period in which one of Hinchey, Hall (NY), McHugh, and Tiahrt. the physicians is ordered to active duty as a member Page H5625 of a reserve component of the Armed Forces, by a

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2⁄3 yea-and-nay vote of 422 yeas with none voting H.R. 1100, to revise the boundary of the Carl Sand- ‘‘nay’’ and 1 voting ‘‘present’’, Roll No. 405; burg Home National Historic Site in the State of Pages H5636–38, H5647–48 North Carolina, by a recorded vote of 268 ayes to Urging Americans and people of all nationali- 150 noes, Roll No. 409. Pages H5648–54, H5664–68 ties to visit the American Cemeteries, Memorials Rejected the Pearce motion to recommit the bill and Markers: H. Res. 392, to urge Americans and to the Committee on Natural Resources with in- people of all nationalities to visit the American structions to report the same back to the House forthwith with an amendment, by a recorded vote of Cemeteries, Memorials and Markers; Pages H5654–56 192 ayes to 228 noes, Roll No. 408. Pages H5666–67 Veterans Outreach Improvement Act of 2007: Pursuant to the rule, the amendment in the na- H.R. 67, amended, to amend title 38, United States ture of a substitute recommended by the Committee Code, to improve the outreach activities of the De- on Natural Resources now printed in the bill shall partment of Veterans Affairs, by a 2⁄3 yea-and-nay be considered as the original bill for the purpose of vote of 421 yeas with none voting ‘‘nay’’, Roll No. amendment. Page H5666 410; Pages H5656–60, H5680–81 Rejected: Directing the Secretary of Veterans Affairs to Bishop (UT) amendment (No. 2 printed in H. establish a national cemetery for veterans in the Rept. 110–165) that sought to reduce the total southern Colorado region: H.R. 1660, amended, to amount of acreage which can be acquired for the direct the Secretary of Veterans Affairs to establish Carl Sandburg Home National Historic Site from a national cemetery for veterans in the southern Col- 115 acres to 5 (for use as a visitor center and park- Pages H5652–53 orado region; Pages H5660–62 ing lot); Bishop (UT) amendment (No. 1 printed in H. Returning Servicemember VA Healthcare Insur- Rept. 110–165) that sought to delay the acquisition ance Act of 2007: H.R. 612, amended, to amend of any new land for the Carl Sandburg Home Na- title 38, United States Code, to extend the period of tional Historic Site until after deferred maintenance eligibility for health care for combat service in the has been completed at the site (by a recorded vote Persian Gulf War or future hostilities from two years of 185 yeas to 243 nays, Roll No. 406); and 2 to five years after discharge or release, by a ⁄3 yea- Pages H5651–52, H5664–65 and-nay vote of 419 yeas with none voting ‘‘nay’’, Heller (NV) amendment (No. 3 printed in H. Roll No. 411; Pages H5662–64, H5681 Rept. 110–165) that sought to eliminate the use of Chiropractic Care Available to All Veterans Act: appropriated funds to acquire 110 acres of land for H.R. 1470, to amend the Department of Veterans the Carl Sandburg Home National Historic Site, but Affairs Health Care Programs Enhancement Act of still allows the land to be acquired by donation, pur- 2001 to require the provision of chiropractic care chase with donated funds, or by exchange with other and services to veterans at all Department of Vet- lands (by a recorded vote of 183 yeas to 243 nays, erans Affairs medical centers, by a 2⁄3 yea-and-nay Roll No. 407). Pages H5653–54, H5665–66 vote of 421 yeas to 1 nay, Roll No. 412; H. Res. 429, the rule providing for consideration Pages H5668–71, H5681–82 of the bill, was agreed to by a yea-and-nay vote of 228 yeas to 198 nays, Roll No. 403, after agreeing Traumatic Brain Injury Health Enhancement to order the previous question. Pages H5644–47 and Long-Term Support Act of 2007: H.R. 2199, amended, to amend title 38, United States Code, to Board of Visitors to the United States Merchant direct the Secretary of Veterans Affairs to provide Marine Academy—Appointment: The Chair an- certain improvements in the treatment of individuals nounced the Speakers appointment of the following with traumatic brain injuries, by a 2⁄3 yea-and-nay Members of the House of Representatives to the vote of 421 yeas with none voting ‘‘nay’’, Roll No. Board of Visitors to the United States Merchant Ma- 413; and Pages H5671–78, H5682–83 rine Academy: Representatives McCarthy (NV), and King (NV). Page H5693 Early Access to Vocational Rehabilitation and Employment Benefits Act: H.R. 2239, amended, to Senate Message: Message received from the Senate amend title 38, United States Code, to expand eligi- today appears on page H5625. bility for vocational rehabilitation benefits adminis- Senate Referrals: S. 375 was referred to the Com- tered by the Secretary of Veterans Affairs, by a 2⁄3 mittee on Natural Resources and S. 33 was referred yea-and-nay vote of 414 yeas with none voting to the Committee on Education and Labor. ‘‘nay’’, Roll No. 414. Pages H5678–80, H5683 Quorum Calls—Votes: Eight yea-and-nay votes and Carl Sandburg Home National Historic Site four recorded votes developed during the proceedings Boundary Revision Act of 2007: The House passed of today and appear on pages H5646–47, H5647,

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Res. 80, amended, Calling 11:50 p.m. stands in recess subject to the call of the on the Government of Uganda and the Lord’s Resist- Chair. ance Army (LRA) to recommit to a political solution to the conflict in northern Uganda and to recom- mence vital peace talks, and urging immediate and Committee Meetings substantial support for the ongoing peace process ENERGY AND WATER DEVELOPMENT, from the United States and the international com- AND RELATED AGENCIES munity; H. Con. Res. 151, amended, Noting the APPROPRIATIONS disturbing pattern of killings of dozens of inde- Committee on Appropriations: Subcommittee on Energy pendent journalists in Russia over the last decade, and Water Development, and Related Agencies ap- and calling on Russian President Vladimir Putin to proved for full Committee the Energy and Water authorize cooperation with outside investigators in Development and Related Agencies appropriations solving these murders; H. Con. Res. 152, Relating for fiscal year 2008. to the 40th anniversary of the reunification of the City of Jerusalem; H. Res. 137, amended, Honoring INTERIOR, ENVIRONMENT, AND RELATED the life and six decades of public service of Jacob AGENCIES APPROPRIATIONS Birnbaum and especially his commitment freeing So- Committee on Appropriations: Subcommittee on Inte- viet Jews from religious, cultural and communal ex- rior, Environment, and Related Agencies approved tinction; H. Res. 226, amended, To recognize John for full Committee action the Interior, Environment, Pehle for his contributions to the Nation in helping and Related Agencies appropriations for fiscal year rescue Jews and other minorities from the Holocaust 2008. during World War II; H. Res. 233, amended, Rec- MISCELLANEOUS MEASURES ognizing over 200 years of sovereignty of the Princi- pality of Liechtenstein, and expressing support for ef- Committee on Financial Services: Ordered reported the forts by the United States to continue to strengthen following bills: H.R. 2347, amended, Iran Sanctions its relationship with that country; H. Res. 295, Enabling Act of 2007; H.R. 1980, Housing Assist- amended, Recognizing the strong alliance between ance Council Authorization Act of 2007; H.R. 1982, the Republic of Korea and the United States and ex- amended, Rural Housing and Economic Develop- pressing appreciation to the Republic of Korea for ment Act of 2007; H.R. 2139, amended, FHA Man- its efforts in the global war against terrorism; H. ufactured Housing Loan Modernization Act of 2007. Res. 395, Supporting the ideals and values of the The Committee began mark up of H.R. 1851, Section 8 Voucher Reform Act of 2007. Will con- Olympic movement; H. Res. 397, amended, Con- tinue tomorrow. demning violence in Estonia and attacks on Estonia’s embassies in 2007, and expressing solidarity with MISCELLANEOUS MEASURES the Government and the people of Estonia; H. Res. Committee on Foreign Affairs: Ordered reported the fol- 412, amended, Expressing gratitude to her Majesty lowing bills: H.R. 885, amended, International Nu- Queen Elizabeth II and His Royal Highness, Prince clear Fuel for Peace and Nonproliferation Act 2007; Philip, Duke of Edinburgh, for their State Visit to H.R. 2446, Afghanistan Freedom Support Act of the United States and reaffirming the friendship that 2007; H.R. 2420, amended, International Climate exists between the United States and the United Cooperation Re-Engagement Act of 2007. Kingdom; H. Res. 418, Recognizing and welcoming The Committee also favorably considered the fol- the delegation of Presidents, Prime Ministers and lowing resolutions and adopted a motion urging the Foreign Ministers from the Caribbean to Wash- Chairman to request that they be considered on the ington, D.C., and commending the Caribbean Com- Suspension Calendar: S. 676, To provide that the Ex- munity (CARICOM) for holding the Conference on ecutive Director of the Inter-American Development the Caribbean; H. Res. 222, Calling on the Govern- Bank or the Alternate Executive Director of the ment of the People’s Republic of China to use its Inter-American Development Bank may serve on the unique influence and economic leverage to stop Board of Directors of the Inter-American Founda- genocide and violence in Darfur, Sudan; and H. Res. tion; H. Con. Res. 21, amended, Calling on the 430, amended, Calling on the Government of the Is- United Nations Security Council to charge Iranian lamic Republic of Iran to immediately release Dr. President Mahmoud Ahmadinejad with violating the Haleh Esfandiari.

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U.S. AID TO PALESTINIANS CLIMATE PROTECTION OPPORTUNITIES Committee on Foreign Affairs: Subcommittee on Mid- Committee on Oversight and Government Reform: Held a dle East and South Asia held a hearing on U.S. As- hearing on Achievements and Opportunities for Cli- sistance to the Palestinians. Testimony was heard mate Protection under the Montreal Protocol. Testi- from the following officials of the Department of mony was heard from public witnesses. State: C. David Welch, Assistant Secretary, Bureau of Near Eastern Affairs; LTG Keith W. Dayton, U.S. WEAPONIZING SPACE Security Coordinator; and Mark Ward, Senior Dep- Committee on Oversight and Government Reform: Sub- uty Assistant Administrator, Bureau for Asia and the committee on National Security and Foreign Affairs Near East, U.S. Agency for International Develop- held a hearing on Weaponizing Space: Is Current ment. U.S. Policy Protecting Our National Security? Testi- U.S. AGRICULTURE SECURITY mony was heard from MG James B. Armor, Jr., Committee on Homeland Security: Subcommittee on USAF, Director, National Security Space Office, De- Emerging Threats, Cybersecurity, and Science and partment of Defense; Donald Mahley, Deputy Assist- Technology held a hearing entitled ‘‘Reducing ant Secretary, Threat Reduction, Department of Threats to Our Nation’s Agriculture: Authorizing a State; and public witnesses. Bio and Agro-Defense Facility.’’ Testimony was MISCELLANEOUS MEASURES heard from John Vitko, M.D., Head, Chemical and Biological Division, Science and Technology Direc- Committee on Science and Technology: Ordered reported torate, Department of Homeland Security; and the the following bills: H.R. 364, amended, To provide following officials of the USDA: Edward Knipling, for the establishment of the Advanced Research M.D., Administrator, Agricultural Research Service; Projects Agency-Energy; H.R. 1467, 10,000 Trained and Kevin Shea, Assistant Administrator, Animal by 2010 Act; H.R. 1716, amended, Green Energy and Plant Health Inspection Service Education Act of 2007; and H.R. 632, amended, H- Prize Act of 2007. U.S. ATTORNEYS INVESTIGATION Committee on the Judiciary: Held a hearing to continue MISCELLANEOUS MEASURES investigation into the U.S. Attorneys Controversy Committee on Small Business: Ordered reported the fol- and Related Matters. Testimony was heard from lowing bills: H.R. 2359, SBA Entrepreneurial De- Monica Goodling, former Senior Counsel to the At- velopment Programs Act of 2007; H.R. 2366, SBA torney General and White House Liaison, Depart- Veterans’ Programs Act of 2007; H.R. 2284, To ment of Justice. amend the Small Business Act to expand and im- IMMIGRATION REFORM prove the assistance provided by Small Business De- velopment Centers to Indian tribe members, Alaska Committee on the Judiciary: Subcommittee on Immi- Natives, and Native Hawaiians; H.R. 2397, SBA gration, Citizenship, Refugees, Border Security, and Women’s Business Programs Act of 2007; and H.R. International Law continued hearings on Comprehen- 2389, Small Energy Efficient Businesses Act. sive Immigration Reform: Becoming Americans— U.S. Immigrant Integration. Testimony was heard MISCELLANEOUS MATTERS from public witnesses. Committee on Transportation and Infrastructure: Ordered ENERGY POLICY REFORM reported H.R. 2011, To designate the Federal build- Committee on Natural Resources: Held a hearing on the ing and United States courthouse located at 100 East Energy Policy Reform and Revitalization Act of 8th Avenue in Pine Bluff, Arkansas, as the ‘‘George 2007. Testimony was heard from the following offi- Howard, Jr., Federal Building and United States cials of the Department of the Interior: Walter Courthouse.’’ Cruickshank, Deputy Director, Mineral Management The Committee also approved the following: Gen- Service; and Henri Bisson, Deputy Director, Bureau eral Services Administration Capital Investment Res- of Land Management; Michael M. Simpson, Deputy olutions, as amended; and U.S. Army Corps of Engi- Under Secretary, Natural Resources and Environ- neers Survey Resolutions. ment, U.S. Forest Service, USDA; Vickie VanZandt, Senior Vice President, Transmission Business Line, IRS USE OF PRIVATE COLLECTION FIRMS Bonneville Power Administration, Department of Committee on Ways and Means: Held a hearing on Energy; Timothy R. E. Keeney, Deputy Assistant IRS’s Private Debt Collection. Testimony was heard Secretary, Oceans and Atmosphere, NOAA, Depart- from the following officials of the IRS, Department ment of Commerce; and public witnesses. of the Treasury: Nina E. Olson, National Taxpayer

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ASEAN-United States dialogue and relationship, and the nominations of Phillip Carter, III, of Virginia, to be Am- bassador to the Republic of Guinea, R. Niels Marquardt, Joint Meetings of California, to be Ambassador to the Republic of Mada- U.S. PETROLEUM INDUSTRY gascar, and to serve concurrently and without additional compensation as Ambassador to the Union of Comoros, Joint Economic Committee: Committee concluded hear- Janet E. Garvey, of Massachusetts, to be Ambassador to ings to examine the United States petroleum indus- the Republic of Cameroon, Dell L. Dailey, of South Da- try, focusing on corporate mergers and other factors kota, to be Coordinator for Counterterrorism, with the that influence gasoline prices, after receiving testi- rank and status of Ambassador at Large, Mark P. Lagon, mony from Thomas McCool, Director, Applied Re- of Virginia, to be Director of the Office to Monitor and search and Methods, Government Accountability Of- Combat Trafficking, with the rank of Ambassador at fice; Michael A. Salinger, Director, Bureau of Eco- Large, James K. Glassman, of Connecticut, to be a Mem- nomics, Federal Trade Commission; Diana L. Moss, ber of the Broadcasting Board of Governors, Cameron R. American Antitrust Institute, Samantha Slater, Re- Hume, of New York, to be Ambassador of Indonesia, newable Fuels Association, and Red Cavaney, Amer- James R. Keith, of Virginia, to be Ambassador to Malay- sia, Miriam K. Hughes, of Florida, to be Ambassador to ican Petroleum Institute, all of Washington, D.C.; the Federated States of Micronesia, Ravic Rolf Huso, of Dennis C. DeCota, California Service Station and Hawaii, to be Ambassador to the Lao People’s Democratic Automotive Repair Association (CSSARA), Novato, Republic, and Hans G. Klemm, of Michigan, to be Am- California; and James L. Smith, Southern Methodist bassador to the Democratic Republic of Timor-Leste, and University, Department of Finance, Dallas, Texas. promotion lists in the Foreign Service, 11:30 a.m., f S–116, Capitol. Committee on Homeland Security and Governmental Affairs: COMMITTEE MEETINGS FOR THURSDAY, Subcommittee on Federal Financial Management, Govern- MAY 24, 2007 ment Information, Federal Services, and International Se- (Committee meetings are open unless otherwise indicated) curity, to hold hearings to examine federal real property, focusing on the property management problems high- Senate lighted in a recent Government Accountability Office re- Committee on Armed Services: closed business meeting to port, 10 a.m., SD–342. mark up the proposed National Defense Authorization Ad Hoc Subcommittee on Disaster Recovery, to hold Act for Fiscal Year 2008, 10 a.m., SR–222. hearings to examine issues relative to residents of Lou- Committee on Commerce, Science, and Transportation: to isiana affected by Hurricane Katrina or Rita, focusing on hold hearings to examine the nomination of Charles Dar- the goals, costs, management and impediments facing win Snelling, of Pennsylvania, to be a Member of the Louisiana’s Road Home Program, 3 p.m., SD–342. Board of Directors of the Metropolitan Washington Air- Committee on the Judiciary: business meeting to consider ports Authority, 10 a.m., SR–253. S. 185, to restore habeas corpus for those detained by the Committee on Energy and Natural Resources: to hold an United States, S. 1327, to create and extend certain tem- oversight hearing to examine opportunities and challenges porary district court judgeships, H. Con. Res. 76, hon- associated with coal gasification, including coal-to-liquids oring the 50th anniversary of the International Geo- and industrial gasification, 9:30 a.m., SD–366. physical Year and its past contributions to space research, Committee on Environment and Public Works: to hold hear- and looking forward to future accomplishments, and the ings to examine potential impacts of global warming on nominations of Leslie Southwick, of Mississippi, to be recreation and the recreation industry, 10:30 a.m., United States Circuit Judge for the Fifth Circuit, Janet SD–406. T. Neff, to be United States District Judge for the West- Committee on Finance: Subcommittee on Energy, Natural ern District of Michigan, Paul Lewis Maloney, to be Resources, and Infrastructure, to hold hearings to examine United States District Judge for the Western District of energy efficiency, focusing on tax incentives for reducing Michigan, and Liam O’Grady, to be United States Dis- consumption, 2 p.m., SD–215. trict Judge for the Eastern District of Virginia, and pos- Committee on Foreign Relations: business meeting to con- sible authorization of subpoenas in the connection with sider S.392, to ensure payment of United States assess- investigation into the replacement of U.S. attorneys, 10 ments for United Nations peacekeeping operations for the a.m., SD–226.

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Select Committee on Intelligence: to hold hearings to exam- Reform: Labor Movement Perspectives, 9 a.m., 2141 Ray- ine terrorist ideology, 3:30 p.m., SD–106. burn. Committee on Natural Resources, Subcommittee on Fish- House eries, Wildlife and Oceans and the Subcommittee on Na- Committee on Agriculture, Subcommittee on Livestock, tional Parks, Forests and Public Lands, joint oversight Dairy, and Poultry, to consider H.R. 2419, Farm Bill Ex- hearing on No Child Left Inside: Reconnecting Kids with tension Act of 2007, 10 a.m., 1300 Longworth. the Outdoors, 10 a.m., 1324 Longworth. Committee on Armed Services, Subcommittee on Oversight Subcommittee on Water and Power, hearing on the and Investigations, hearing on training of development of following bills: H.R. 31, Elsinore Valley Municipal the Iraqi police service, 9 a.m., 2212 Rayburn. Water District Wastewater and Recycled Water Facilities Committee on Education and Labor, Subcommittee on Act of 2007; and H.R. 1526, Bay Area Regional Water Workforce Protections, hearing on Workplace Safety: Recycling Program Authorization Act of 2007, 10 a.m., Why do Millions of Workers Remain Without OSHA 1334 Longworth. Coverage? 10:30 a.m., 2175 Rayburn. Committee on Oversight and Government Reform, hearing on Committee on Energy and Commerce, Subcommittee on En- Invisible Casualties: The Incidence and Treatment of ergy and Air Quality, hearing entitled ‘‘Legislative Hear- Mental Health Problems by the U.S. Military, 9:30 a.m., ing on Discussion Drafts concerning Energy Efficiency, 2154 Rayburn. Smart Electricity Grid, Energy Policy Act of 2005 Title Committee on Science and Technology, Subcommittee on XVII Loan Guarantees, and Standby Loans for Coal-to- Investigations and Oversight, hearing on the NASA Ad- Liquids Projects,’’ 10 a.m., 2123 Rayburn. ministrator’s Speech to Office of Inspector General Staff, Committee on Financial Services, to continue mark up of the Subsequent Destruction of Video Records and Associ- H.R. 1851, Section 8 Voucher Reform Act of 2007, 10 ated Matters, 10 a.m., 2318 Rayburn. a.m., 2128 Rayburn. Committee on Small Business, hearing entitled ‘‘Expand- Committee on Foreign Affairs, Subcommittee on Africa ing Small Business Health Insurance Coverage Using the and Global Health, hearing on International Food Aid Private Reinsurance Market,’’ 10 a.m., 2360 Rayburn. Programs: Options to Enhance Effectiveness; followed by Committee on Transportation and Infrastructure, Sub- a briefing on this subject, 2:30 p.m., 2172 Rayburn. committee on Highways and Transit, hearing on Public- Subcommittee on Europe, hearing on expanding the Private Partnerships: State and User Perspectives, 10 Visa Waiver Program, Enhancing Transatlantic Relations, a.m., 2167 Rayburn. 1 p.m., 2200 Rayburn. Committee on Ways and Means, Subcommittee on Select Subcommittee on Terrorism, Nonproliferation, and Revenue Measures, hearing on Tax Incentives for Afford- Trade, hearing on the Reauthorization of OPIC, 10 a.m., able Housing, 10 a.m., 1100 Longworth. 2172 Rayburn. Permanent Select Committee on Intelligence, Subcommittee Committee on Homeland Security, Subcommittee on Man- on Intelligence Community Management, executive, agement, Investigations, and Oversight, hearing entitled briefing on DNI, 1 p.m., H–405 Capitol. ‘‘Examining the Impact of Equipment Shortages on the National Guard’s Readiness for Homeland Security Mis- Joint Meetings sions,’’ 10 a.m., 311 Cannon. Commission on Security and Cooperation in Europe: to hold Committee on the Judiciary, Subcommittee on Immigra- hearings to examine Russia, focusing on the reemergence tion, Citizenship, Refugees, Border Security, and Inter- of Russia as a major political and economic power, 10 national Law, hearing on Comprehensive Immigration a.m., B318RHOB.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, May 24 10 a.m., Thursday, May 24

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: H.R. 2316—Honest Leadership morning business (not to extend beyond 60 minutes), and Open Government Act (Subject to a Rule) and H.R. Senate will continue consideration of S. 1348, Com- 2317—Lobbying Transparency Act of 2007 (Subject to a prehensive Immigration Reform. Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Hulshof, Kenny C., Mo., E1127 Schakowsky, Janice D., Ill., E1130, E1142 Jordan, Jim, Ohio, E1123 Sessions, Pete, Tex., E1133 Berkley, Shelley, Nev., E1138, E1139 Knollenberg, Joe, Mich., E1132 Shimkus, John, Ill., E1130 Blumenauer, Earl, Ore., E1127 LaHood, Ray, Ill., E1140 Simpson, Michael K., Idaho, E1128, E1129 Bordallo, Madeleine Z., Guam, E1142 Lampson, Nick, Tex., E1141 Skelton, Ike, Mo., E1135 Brown-Waite, Ginny, Fla., E1133 Larson, John B., Conn., E1140 Burton, Dan, Ind., E1124 McMorris Rodgers, Cathy, Wash., E1137 Stark, Fortney Pete, Calif., E1141 Capps, Lois, Calif., E1123 Miller, Jeff, Fla., E1136 Tancredo, Thomas G., Colo., E1127, E1128, E1129, Cummings, Elijah E., Md., E1140 Moore, Gwen, Wisc., E1134 E1131, E1133, E1134, E1136, E1137, E1138 Davis, Danny K., Ill., E1143 Moran, James P., Va., E1139 Tiahrt, Todd, Kans., E1135 Diaz-Balart, Lincoln, Fla., E1134 Murphy, Patrick J., Pa., E1137 Towns, Edolphus, N.Y., E1125, E1127, E1128, E1129, Fossella, Vito, N.Y., E1137 Petri, Thomas E., Wisc., E1136 E1130, E1132 Garrett, Scott, N.J., E1135, E1137 Pryce, Deborah, Ohio, E1131 Udall, Mark, Colo., E1133 Gonzalez, Charles A., Tex., E1134 Putnam, Adam H., Fla., E1143 Visclosky, Peter J., Ind., E1138 Gordon, Bart, Tenn., E1134 Roybal-Allard, Lucille, Calif., E1137 Walsh, James T., N.Y., E1128, E1129 Graves, Sam, Mo., E1142 Ruppersberger, C.A. Dutch, Md., E1140 Wolf, Frank R., Va., E1133 Honda, Michael M., Calif., E1135 Sa´ nchez, Linda T., Calif., E1123, E1123

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