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, TUESDAY, MARCH 6, 2007 No. 38 House of Representatives The House met at 10:30 a.m. and was has done a poor job of listening to their in sensitive positions. The head of the called to order by the Speaker pro tem- needs in the past, and we are seeing Veterans Administration, for example, pore (Ms. GIFFORDS). more than ever the need to address is a former head of the Republican f those concerns directly. Party who was surprised about the I haven’t supported the reckless budget problems, whose administration DESIGNATION OF SPEAKER PRO treatment of our veterans. I have sup- forgot about the thousands of return- TEMPORE ported our Democratic efforts when we ing veterans that were going to need The SPEAKER pro tempore laid be- were in the minority, fighting for ap- more services, who was baffled by the fore the House the following commu- propriate funding and equipment. But security lapses in the veterans’ files on nication from the Speaker: we can only go so far with an adminis- VA computers. tration that has been focused on its Washington, DC, March 6, 2007. This last week, I hope the tide is own version of reality and its own pri- I hereby appoint the Honorable GABRIELLE turning. I hope that finally the spot- GIFFORDS to act as Speaker pro tempore on orities very much at variance with our light that has been focused on ampli- this day. veterans, and that have been enabled fying the concerns that a number of us NANCY PELOSI, for the last 6 years by a Republican have heard and have talked about in Speaker of the House of Representatives. leadership with their own sense of pri- the past, will make a case that will not f orities. be possible for this administration to We have seen and heard from our vet- ignore any longer. MORNING HOUR DEBATES erans about the long waits, the red Mr. Vice President, it’s not just the tape. It is not, however, the fault of The SPEAKER pro tempore. Pursu- Federal bureaucracy. It’s your bu- some faceless bureaucracy as implied ant to the order of the House of Janu- reaucracy after 6 years. It’s your budg- ary 4, 2007, the Chair will now recog- by Vice President CHENEY yesterday, because there are countless dedicated ets, your priorities, your leaders who nize Members from lists submitted by are failing. the majority and minority leaders for men and women who still provide good care for most of our veterans and who I am confident that this Congress morning hour debates. The Chair will will be able to turn the tide so next alternate recognition between the par- want to do better. It is an administra- tion and its policies and the people year, when our veterans’ representa- ties, with each party limited to not to tives are here on Capitol Hill, we are exceed 30 minutes, and each Member, that they have put in charge that must change. And, of course, it is the war in not going to feel guilty; that we will be except the majority leader, the minor- able to look our young men and women ity leader, or the minority whip, lim- Iraq, itself. It is not just a question of money. We who are in the service today and the ited to not to exceed 5 minutes. have given plenty of money to this ad- people who are recovering from their The Chair recognizes the gentleman ministration, more in fact than they service overseas in the eye, knowing from Oregon (Mr. BLUMENAUER) for 5 have asked for. We are spending more that we, this Congress, the administra- minutes. on our military and veterans than the tion and the American people have f entire rest of the world combined. But done all we could for them. WE MUST TAKE CARE OF OUR because of the mismanagement, we f VETERANS have been giving too much to the FIRST COOLING, NOW WARMING wrong people to do the wrong things, Mr. BLUMENAUER. Madam Speaker, dealing with the wrong priorities. The SPEAKER pro tempore. Pursu- historically, the month of March has I just left a budget hearing. We are ant to the order of the House of Janu- been a time when we greet representa- still looking at an administration that ary 4, 2007, the gentleman from Florida tives of our Nation’s veterans who wants to lavish billions on missile de- (Mr. STEARNS) is recognized during come to Capitol Hill to advocate on be- fense and Cold War era weapons, while morning hour debates for 5 minutes. half of their fellow veterans. This year, having proposals that would cut pro- Mr. STEARNS. Thank you, Madam however, it is hard not to feel a sense grams for traumatic brain injury and, Speaker. of shame as we see the veterans spread- according to the Congressional Budget My colleagues, here is a quote from a ing out over Capitol Hill again car- Office, underfund our veterans’ needs Newsweek article: ‘‘There are ominous rying their message. Sadly, as has been by some $3.4 billion over the next 5 signs that the Earth’s weather patterns shown in our hearings and on the front years. have begun to change dramatically, pages of our papers around the country We are dealing with an administra- and that these changes may portend a in countless news accounts, Congress tion that has put political operatives drastic decline in food production, with

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

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VerDate Aug 31 2005 04:33 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.000 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2168 CONGRESSIONAL RECORD — HOUSE March 6, 2007 serious political implications for about But in the seventies, some experts ar- itage for this space in time. Grant that every nation on Earth. The drop in gued that human impact on the envi- in humility we all may live worthy of food output could begin quite soon, ronment had grown to the point where that trust. perhaps only 10 years from now.’’ their atmospheric pollutants were con- Bless this legislative body with clear My colleagues, Newsweek published tributing significantly to global cool- vision, deep insight and courage to this dire warning in its April 28, 1975 ing, just as some experts argue that seek and do what is right. In Your gra- issue, years before global warming CO2 and other greenhouse gas emis- cious mercy, Lord, may each strive to began getting the headlines it does sions are causing global warming see the best in everyone else. It is then today. today. that we can discern what is best for all Did Newsweek accurately forecast Climatologists suggested that dust here and in the world around us. the coming of global warming more and other particles released into the We pray for the men and women of than 30 years ago? No. The article enti- atmosphere as a result of farming and our military services. Sustain them tled ‘‘The Cooling World’’ warned that the burning of fossil fuels were block- and their families during difficult the Earth’s climate seemed to be cool- ing more and more sunlight from times. Give Your comfort to the ing to the point that populations reaching and heating the surface of the wounded in body or mind. Grant eter- around the world are in imminent dan- Earth. They projected that man’s po- nal rest to those who died in the line of ger because of the coming ice age. tential to pollute would increase six- to duty. Newsweek was not the only publica- eightfold over the next 50 years. And as Lord, hear our prayer. Amen. tion to warn about the supposed threat Reid Bryson stated in Fortune in Feb- of global cooling during the 1970s. In an f ruary 1974, ‘‘It is something that, if it article entitled ‘‘Another Ice Age?’’ the THE JOURNAL continues, will affect the whole human June 24, 1974 issue of Time reported: occupation of the Earth, like a billion The SPEAKER pro tempore. The ‘‘When meteorologists take an average people starving.’’ Chair has examined the Journal of the temperature around the globe, they Another of the concerned scientists last day’s proceedings and announces find that the atmosphere has been was Dr. Stephen Schneider, the co-au- to the House her approval thereof. growing gradually cooler for the past thor of the Science report, who in the Pursuant to clause 1, rule I, the Jour- three decades.’’ And Time’s article did seventies was worried about the threat nal stands approved. not predict a break in this decade-long of global cooling. Now at Stanford Uni- f cooling trend. The article continued to warn that versity, Dr. Schneider not only sees PLEDGE OF ALLEGIANCE ‘‘telltale signs were everywhere, from things differently but is considered one of the leading experts now sounding The SPEAKER pro tempore. Will the the unexpected persistence and thick- gentlewoman from South Dakota (Ms. ness of packed ice in the waters around the alarm about global warming. In a recent MSNBC report, Dr. Schneider HERSETH) come forward and lead the Iceland to the southward migration of House in the Pledge of Allegiance. warm-loving creatures like the arma- argued that today’s warming trend ‘‘has been induced by humans using the Ms. HERSETH led the Pledge of Alle- dillo from the Midwest.’’ giance as follows: Fortune magazine also gave warning. atmosphere as a free place to dump our A February 1974 article entitled ‘‘Omi- tailpipe waste.’’ However, not everyone I pledge allegiance to the Flag of the United States of America, and to the Repub- nous Changes in the World’s Weather’’ sounded the alarm about global cooling in the seventies, just like not everyone lic for which it stands, one nation under God, claimed that ‘‘there is a fair agreement indivisible, with liberty and justice for all. among researchers that the earth is is sounding the alarm about global f now heading very slowly into another warming today. major ice age, such as the one that Madam Speaker, the fact that so WELCOMING REVEREND STAN brought the glaciers deep into North many experts were wrong about global GRUNEICH cooling in the seventies does not nec- America before it retreated some 10,000 (Ms. HERSETH asked and was given essarily mean that they are wrong years ago.’’ permission to address the House for 1 This article also pointed to the sup- about global warming today, but it minute.) posedly unusual weather patterns of does at least show that experts are Ms. HERSETH. Madam Speaker, I the day as indication of much worse sometimes incredibly, incredibly rise today to recognize Reverend Stan weather to come: ‘‘Climatologists now wrong. Gruneich, National Chaplain of the blame those recurring droughts and f floods on a global cooling trend. It American Legion, as guest chaplain of could bring massive tragedies for man- RECESS the House of Representatives. On behalf of the entire House, thank kind.’’ The SPEAKER pro tempore. Pursu- you, Reverend, for your prayer, for These days, of course, we no longer ant to clause 12(a) of rule I, the Chair serving as guest chaplain, for your hear much, if anything, about the pos- declares the House in recess until noon military service to this country, and sibility of runaway global cooling trig- today. for your service to the American Le- gering another ice age. Instead, we Accordingly (at 10 o’clock and 43 gion as national chaplain. We are hon- hear a lot about the threat of cata- minutes a.m.), the House stood in re- ored to have you here today. strophic global warming. Now, what cess until noon. happened? Well, the temperature trend Reverend Gruneich was appointed f changed. After dropping for about 35 National Chaplain of the American Le- years, the temperature started to rise b 1200 gion on August 30, 2006. A U.S. Army Vietnam-era veteran, he received his in the mid seventies, although the AFTER RECESS global temperature now is only slightly bachelor of arts degree and his mas- higher than it was in the 1940s when The recess having expired, the House ter’s in divinity from the University of the cooling trend began. was called to order by the Speaker pro Sioux Falls in Sioux Falls, South Da- Over the centuries and millennia, the tempore (Ms. WOOLSEY) at noon. kota. weather has changed, at times radi- f He is a member of the Kelly-Porter cally. During the 10th century, the Vi- Post 70 in Flandreau, South Dakota. kings established prosperous colonies PRAYER During his 22 years in the American in Greenland, having named the island The Reverend Stan Gruneich, Na- Legion, Chaplain Gruneich has held for its lush pastures. By the early 15th tional Chaplain, The American Legion, several key positions. In addition to century, however, these were wiped out offered the following prayer: serving as post commander, he brings by cold and hunger, and now four-fifths Holy God, our help in ages past, 15 years of experience as the South Da- of Greenland lies buried under hun- present and future. In this place of his- kota department chaplain to the floor dreds of feet of ice cap. No one blamed tory and memory, we remember with today. human activity for this climate shift gratitude that You have blessed our Reverend Gruneich, I look forward to or the ice age. Nation with this great land as our her- continuing to work with you and your

VerDate Aug 31 2005 03:20 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.003 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2169 colleagues in the American Legion to Mr. ALTMIRE. Madam Speaker, the strengthens our national immigration ensure our Nation’s veterans receive new Democratic Congress continues to laws and preserves our public safety. the benefits they have earned and de- listen to the concerns of middle-class On July 16, 2005, 33-year-old husband serve. Americans. and father, Scott Gardner, was killed Madam Speaker, thank you. And We know that average American fam- by a drunk driver while his family was thank you again to the Reverend, as we ilies have actually lost ground over the driving to the beach located in my con- thank him for sharing his spiritual past several years, even after several gressional district. His wife was criti- guidance and wisdom here today in the years of economic growth and high cor- cally injured and his two children were House of Representatives and for his porate profits. Wages are stagnant, per- robbed of their father for the rest of commitment to serving his fellow vet- sonal debts are at an all-time high, and their lives. The drunk driver was a re- erans. individual savings are at an all-time peat offender and an illegal immigrant, f low. Higher education and health care an individual who should never have costs are skyrocketing. been in this country in the first place. SCOTT GARDNER ACT Last week, the Democratic Congress This tragedy was completely prevent- (Mrs. MYRICK asked and was given took a step towards helping middle- able, but our broken borders allowed an permission to address the House for 1 class families by passing the Employee illegal immigrant with four prior minute and to revise and extend her re- Free Choice Act, which helps Ameri- drunk driving charges to remain in the marks.) cans join together to bargain for better United States. This situation must Mrs. MYRICK. Today, I reintroduce wages, benefits and working condi- change so that we never lose another the Scott Gardner Act. Tragically, tions. life to a criminal who doesn’t deserve Scott Gardner, who was a loving hus- Once again, our legislation passed rightfully to be in our country. band and father, was killed by a drunk with bipartisan support, and once This act, the Scott Gardner Act, illegal alien who remained in our coun- again, it will benefit working families would ensure that DWI is grounds for try even though he had previous DWI across this country. This is just one mandatory detention and deportation convictions. more example of how the new Congress of illegal aliens. It would improve com- And we have had other constituents is leading this Nation in a new direc- munications between Federal, State killed recently. Jasmine Lawrence and tion, just as the American people asked and local agencies. And it would allow Min Chang were both killed in wrecks us to do last November. those agencies and law enforcement to caused by drunk-driving illegal immi- f collect immigration information in the grants in Charlotte, North Carolina, course of their normal duties. SLOW-BLEED IS NO OPTION area roads. f Most recently, 20-year-old LeeAnna (Mr. PRICE of Georgia asked and was Newman and her unborn child were given permission to address the House FAMILY FARM PRESERVATION killed just outside of my district after for 1 minute.) ACT her car was struck by an illegal alien Mr. PRICE of Georgia. Madam (Mr. PITTS asked and was given per- who later admitted to getting behind Speaker, right now, brave Americans mission to address the House for 1 the wheel after drinking tequila. He are going door to door in some of the minute and to revise and extend his re- had a previous conviction also in North most dangerous parts of Iraq. They are marks.) Carolina. working with the Iraqi people to bring Mr. PITTS. Madam Speaker, Amer- This act will give our law enforce- stability to Iraq, and they are doing ica has some of the most beautiful ment and immigration officials the ca- this because it is their duty and be- farmland in the world. But rapidly ex- pacity and resources to deal with ille- cause they understand our enemy, panding urban sprawl is threatening gal aliens driving under the influence what is at stake should we not succeed. this cherished natural resource every in a manner that fits the crime. It Right now, in households all across day. In fact, since 1960, approximately would make DWI grounds for manda- this country, there are families pray- 1.5 million acres of American farmland tory detention and deportation of ille- ing for the safe return of their loved have been converted to nonagricultural gal aliens, and it would aid law en- ones. They understand the dangers. uses each year. forcement and our immigration laws They know what is at stake. Unfortu- This week, I will introduce legisla- by requiring the sharing of information nately, in Washington, it would seem tion aimed at slowing this trend that among Federal, State and local law en- that too many politicians do not real- threatens family farms and our cher- forcement agencies, who would be re- ize what is at stake, what the con- ished open spaces. The Family Farm quired to collect this information dur- sequences are of failure. Instead, some Preservation Act would encourage ing the course of their normal duties. propose we tell these soldiers and their farmers to continue farming their land State and local law enforcement agencies families that Congress believes that by exempting them from capital gains would be given the resouces required to de- the only choice is to close the door. taxes when they sell their land devel- tain illegal aliens for DWI and immigration vio- They say retreat is our only option. opment rights to qualified groups com- lations until they could be transferred to Fed- Their desire is to adopt a policy of slow mitted to conservation. Without pro- eral authorities for deportation. bleed, methodically squeezing off the tection from this significant tax bur- It is a travesty that our country allows illegal necessary funding. den, too many farmers are being forced immigrants to remain after being found guilty We all know our enemy is com- to sell their land to developers, and of DWI. mitted. We also know that this slow- that means fewer family farms and We cannot prevent every instance of illegal bleed tactic, supported by some here in ever-shrinking open spaces. aliens driving under the influence. Washington, is a weakly disguised By giving farmers an incentive to However, there is no reason we should not measure to turn our backs on our sol- continue farming their land, this bill take every measure possible to remove habit- diers. That is something, Madam helps preserve the cherished way of life ual DWI offenders from our roads. Speaker, that I cannot support. while protecting beautiful American Our constituents expect us to ensure their f landscapes at the same time. I hope all safety and security. my colleagues will support the Family SCOTT GARDNER ACT The Scott Gardner Act will go a long way to- Farm Preservation Act. ward clearing our roads of criminal illegal (Mr. MCINTYRE asked and was given f aliens who represent a grave threat to the permission to address the House for 1 PRESIDENT’S HOMELAND safety of our citizens. minute.) SECURITY BUDGET f Mr. MCINTYRE. Madam Speaker, I am pleased to be speaking today about (Mr. WALZ of Minnesota asked and THE EMPLOYEE FREE CHOICE ACT an extremely important piece of legis- was given permission to address the (Mr. ALTMIRE asked and was given lation that my good friend, Represent- House for 1 minute.) permission to address the House for 1 ative SUE MYRICK, and I are intro- Mr. WALZ of Minnesota. Madam minute.) ducing. The Scott Gardner Act Speaker, in his second State of the

VerDate Aug 31 2005 03:20 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.005 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2170 CONGRESSIONAL RECORD — HOUSE March 6, 2007 Union Address, President Bush stood in Mr. PASCRELL. It is not surprising WALTER REED SCANDAL this very Chamber and told the Nation to learn that during the Scooter Libby (Mr. COURTNEY asked and was that the government would take un- trial, Vice President CHENEY’s former given permission to address the House precedented measures to protect our communications aide, Catherine Mar- for 1 minute.) people and defend our homeland. As I tin, said that delivering a message on Mr. COURTNEY. Madam Speaker, stand here, almost 5 years after the Meet the Press was a tactic we often the long-festering situation at Walter creation of the Department of Home- use. By the way, within the last 10 min- Reed’s Building 18 is nothing short of a land Security, the President has deliv- utes, Mr. Libby has been found guilty national scandal. I am pleased that the ered a budget that will not keep that on four of five counts. new 110th Congress is taking critical promise. The truth shall lead America. The steps this week to investigate problems The President’s proposed budget once truth is that the 9/11 Commission found at the facility, and hold accountable again provides inadequate appropria- no credible evidence of a link between leaders that allowed these conditions tions for Homeland Security. President Iraq and Al Qaeda and the attacks to deteriorate to this disgraceful state. Bush proposes slashing grants to our upon the United States. The epicenter Last week, I met with veterans from first responders. This will include mas- of our war against terror is not Iraq my district to express deep concern sive cuts to both our firefighter grants but on the border of Pakistan and on and our State homeland security about the lack of adequate transpor- the border of Afghanistan. tation for veterans, the increasing grants. It includes cuts to law enforce- The American people deserve the ment and cuts to the Justice Depart- length of time it takes for veterans to truth instead of deceptive tactics. And receive benefits or access health care ment, and all of this while trying to if this administration won’t give the fund tax cuts for the wealthiest among and the stagnant funding of the VA people the truth about this war, then system over the last 6 years. And they us. this Congress will. Madam Speaker, this Democratic describe a system unable to cope with He stated, Mr. CHENEY, five separate increasing patients at a time of war. Congress remains focused on protecting occasions that Saddam Hussein was this Nation from the real threat of The challenges faced by these Con- joined at the hip with bin Laden. He necticut veterans are emblematic of a global terrorism. Democrats are fight- told the American people five times a ing for America’s future. We will se- military and VA health system lie and repeated it year after year on swamped by the influx of wounded from cure not only our homeland but our the same TV station. The epicenter of families, our jobs and our children’s fu- the wars in Iraq and Afghanistan, and our war on terror is on the border of shortfalls of funding to adequately care ture. Afghanistan and Pakistan. f for them caused by the misplaced pri- f orities of the last Congress. HONDURAS MISSION ANNOUNCEMENT BY THE SPEAKER In the first days of this new Congress, (Mr. GINGREY asked and was given PRO TEMPORE we took an important step to address permission to address the House for 1 this problem by providing an addi- The SPEAKER pro tempore. Mem- minute and to revise and extend his re- tional $3.6 billion for veterans health bers must refrain from engaging in marks.) care, yet as my constituents related, pesonalities toward the Vice President. Mr. GINGREY. Madam Speaker, I there remain critical issues that need rise today to recall the memory of f to be addressed as we move forward. three selfless and courageous Geor- WE MUST TAKE CARE OF OUR The men and women who serve this gians, who tragically were killed in an VETERANS country deserve nothing less than a accident last month while performing (Mr. WALBERG asked and was given health care system worthy of their missionary work in rural Honduras. service and sacrifice. Perry Goad and Ric Mason of permission to address the House for 1 f Cartersville and Martha Fuller of minute.) Newnan were doing God’s work on a Mr. WALBERG. Madam Speaker, all b 1215 of us in this Chamber agree, our recov- church mission in the tiny village of CALLING FOR RESOURCES, ATTEN- Mal Pais. Together with a group of vol- ering veterans deserve hospitals that are clean, secure and sanitary when TION, AND ACCOUNTABILITY unteers from several Georgia churches, FROM GOVERNMENT they were working to set up running they return home from the battlefield water, connect electricity, pave roads defending our great Nation in the name (Mr. SARBANES asked and was given and improve life for the families living of liberty. permission to address the House for 1 in Agalta Valley. It was during this ef- The recent findings at Walter Reed minute.) fort that the group’s truck rolled over Army Medical Center are a grave Mr. SARBANES. Madam Speaker, on an undeveloped stretch of road, kill- breach of trust to those who shed blood you cannot run America on the cheap. ing Perry, Ric and Martha. on the battlefield fighting for our free- In the wake of Katrina, we learned Madam Speaker, these are three out- doms. This Congress must work with that years of requests for investment standing citizens who eagerly dedi- the administration to implement a in infrastructure and basic human cated their time, their effort, their love comprehensive evaluation of condi- needs had been ignored. After sending and spirit to helping those in need. tions at Walter Reed and hold those in our troops into Iraq, we learned that They were not content to simply sit in charge accountable for these deplor- they lacked basic protective equipment church and learn about the problems able conditions. because this administration was look- facing our world. They made an effort The bipartisan commission created ing to save pennies even as it was wast- to go out and to fix these problems. by the President to determine whether ing billions of dollars on private con- And indeed, our community has truly similar problems exist at other mili- tracts run amok. lost three guiding lights. tary and VA hospitals is also a nec- Now the scandal at Walter Reed Hos- Madam Speaker, I ask you to join me essary and appropriate course of ac- pital is revealing that behind the cur- in remembering the righteous lives of tion. Going forward, we must ensure tain even our neediest veterans are not Perry Goad, Ric Mason and Martha world-class standards and patient-cen- being spared the double whammy of in- Fuller and in offering prayers of heal- tered efficiency for our veterans. Bet- adequate resources and lax account- ing to the other volunteers who were ter oversight is clearly necessary to en- ability. injured in the accident. sure military facilities exemplify our All Americans should be outraged at f soldiers’ honor and courage. this and demand accountability. But As hearings on the conditions at Wal- we should also be outraged at the cyn- FALSE LINK BETWEEN AL QAEDA- ter Reed are held this week, this Con- ical agenda this administration has IRAQ gress must reaffirm its commitment to brought to all government functions. (Mr. PASCRELL asked and was given our wounded soldiers and veterans to Resources are cut, making it impos- permission to address the House for 1 ensure they are provided first class sible for the affected workforce to de- minute.) medical care. liver high-quality services. At the same

VerDate Aug 31 2005 03:20 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.007 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2171 time, critical functions are contracted rageous problems our soldiers are fac- We promise our veterans the quality out to the private sector without ade- ing at Walter Reed. President Bush care they need and deserve when they quate oversight. Then the administra- cannot send them off to battle without sign up to serve our country. It is time tion turns around and says, see, gov- properly caring for them when they re- we make good on that promise. ernment doesn’t work. turn home. f Madam Speaker, it’s time we re- f versed course and put adequate re- WALTER REED HOSPITAL sources, attention, and accountability CONGRESS MUST STOP FUNDING (Ms. NORTON asked and was given towards the needs of all our citizens THE WAR permission to address the House for 1 but most especially our veterans. (Mr. KUCINICH asked and was given minute.) f permission to address the House for 1 minute and to revise and extend his re- Ms. NORTON. Madam Speaker, at PENTAGON SHOULD HAVE TAKEN marks.) yesterday’s hearing on Walter Reed, I ACTION EARLIER THAN THE RE- Mr. KUCINICH. Madam Speaker, it asked the brass whether putting Walter LEASE OF THE POST INVESTIGA- appears that Congress, in the name of Reed on the BRAC closure list had af- TION supporting the troops, will soon give fected the hospital’s staffing and sta- (Mr. SPACE asked and was given per- President Bush the money he needs to bility. All responded that it had. Army mission to address the House for 1 continue the war in Iraq even though Vice Chief of Staff Cody said, ‘‘We’re minute.) we don’t take care of the troops when trying to get the best people. Who Mr. SPACE. Madam Speaker, both they come home. would want to sign up to work at a hos- high-ranking Pentagon officials and If Congress funds the war, what will pital that might be closing?’’ the White House have said that they happen next? More troop casualties; You don’t close your premium mili- were shocked to learn of the shoddy more innocent civilians die; more de- tary hospital in the middle of a shoot- treatment wounded soldiers were re- struction to Iraq; more destruction to ing war and the war on terrorism. I ceiving at Walter Reed. They say the our budget here at home; cuts in health can’t imagine that Congress would first time they heard about this treat- care and education and job creation spend $3 billion on bricks and mortar ment was from The Washington Post and housing and, yes, in veterans care. that could go to wounded soldiers and investigation last month. Unless Congress cuts off funds and to veterans. Yet as long as BRAC man- Madam Speaker, there is simply no brings our troops home, we will be in dates closure, vital staff who value way that the Bush administration did Iraq for years to come. And for what? their careers get the closure signal. not know that this was a problem be- I have introduced H.R. 1234, a bill to This week I intend to file a bill to fore the Post report. Several GAO re- bring our troops home and stabilize keep Walter Reed open. Too much ports have been conducted at the urg- Iraq. harm has been done already. Let’s not ing of Congress, and the findings of Congress must take the first step and compound Walter Reed’s problems by those reports back up exactly what we stop funding the war. Support the keeping a costly closure threat on the are now seeing at Walter Reed. troops. Bring them home. Support H.R. books. The Washington Post was also not 1234. f the first media outlet to highlight this f problem. Salon magazine reported on BUSH ADMINISTRATION NOT SCHIP the mistreatment of soldiers at Walter PROPERLY PLANNING TO CARE (Mr. JOHNSON of Georgia asked and Reed 2 years ago. was given permission to address the And yet the Bush administration FOR WOUNDED MILITARY PER- House for 1 minute.) continues to claim that it knew noth- SONNEL Mr. JOHNSON of Georgia. Madam ing about this until the Washington (Mr. ARCURI asked and was given Speaker, I rise today to speak about Post investigation last month. The ad- permission to address the House for 1 the immediate crisis in Georgia’s ministration is either completely out minute.) PeachCare program. of touch or it simply does not believe Mr. ARCURI. Madam Speaker, the Georgia’s SCHIP program is expected taking care of our wounded military treatment some of our wounded mili- to have $131 million in shortfall this personnel is a top priority. Either way, tary personnel are receiving at Walter fiscal year. This shortfall has forced it should be a top concern for this Con- Reed Army Hospital and other facili- the Georgia Department of Community gress and the American people. ties around the Nation is outrageous Health to announce that by March 11, f and should be fixed immediately. The conditions and the neglect that in only 5 days, it will no longer accept BUSH ADMINISTRATION SHOULD many of these wounded soldiers are new enrollees. This means that by next NOT BE NICKEL-AND-DIMING facing is just another example of this week nearly 300,000 children in Georgia AMERICA’S INJURED SOLDIERS administration’s failure to plan for the will remain uninsured and unable to (Mr. SIRES asked and was given per- war in Iraq. It was bad enough that the participate in this hugely successful mission to address the House for 1 administration went into this war program. minute and to revise and extend his re- without properly planning for the The leadership in the Georgia Gen- marks.) aftermath of the fall of Baghdad. It is eral Assembly seems to think that Mr. SIRES. Madam Speaker, The inexcusable that the same administra- eliminating some children from the Washington Post headlines said it best: tion does not have an acceptable plan program will help resolve the ‘‘Rotten Homecoming—This is no way to care for wounded soldiers who re- PeachCare crisis. The Governor has so to treat a veteran.’’ turn from combat in Iraq. far not stated publicly that he will use A 4-month Washington Post inves- We have all heard the stories about available State money to sustain tigation found frustrating delays some soldiers being moved into Building 18 PeachCare during this shortfall crisis. of our returning soldiers are facing in with mold, mice, and cockroaches be- And Congress, for its part, has been un- receiving the compensation they are cause Walter Reed had simply run out able to act quickly enough to appro- owed for the service to this Nation. of space. priate the funds that Georgia and the One soldier was sent to Walter Reed Time after time this administration other 13 shortfall States need. after being smashed in the head by a has cut the Veterans Administration The Georgia General Assembly, the steel cargo door of an 18-wheeler near budget during a time of war. And now Governor, and the Congress must act the Iraqi border. Now the Pentagon is the President wants to send an addi- immediately to save the PeachCare saying that the soldier’s mental im- tional 21,000 troops into Iraq. How can program. Georgia must continue to pairment comes from his being slow in we think of sending more troops into provide health care to children who are high school, not from the dramatic Iraq when we don’t have enough space currently enrolled in the PeachCare head injury he suffered in combat. here in our military hospitals to pro- program and to all of those children Madam Speaker, this Congress has vide the wounded with the care they who are eligible for the program. already begun investigating the out- rightfully deserve? Long live the Dixie Chicks.

VerDate Aug 31 2005 03:20 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.009 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2172 CONGRESSIONAL RECORD — HOUSE March 6, 2007 COMMUNICATION FROM THE Whereas Dr. Garang skillfully managed to tlewoman from Florida (Ms. ROS- CLERK OF THE HOUSE consolidate his base after the devastating LEHTINEN) each will control 20 minutes. split in the SPLM/A in 1991; The SPEAKER pro tempore laid be- The Chair recognizes the gentleman Whereas as the undisputed leader of the from New Jersey. fore the House the following commu- SPLM/A, Dr. Garang demonstrated remark- nication from the Clerk of the House of able political and military leadership for GENERAL LEAVE Representatives: over two decades; Mr. PAYNE. Madam Speaker, I ask Whereas Dr. Garang was a soldier, a schol- unanimous consent that all Members HOUSE OF REPRESENTATIVES, ar, a statesman, and a father, who had a Washington, DC, March 5, 2007. may have 5 legislative days to revise clear vision and unwavering love for his peo- Hon. NANCY PELOSI, and extend their remarks and include ple and country; Speaker, U.S. House of Representatives, extraneous material on the resolution Whereas Dr. Garang fought for 22 years to Washington, DC. under consideration. achieve a just peace for his people, but only DEAR MADAM SPEAKER: Pursuant to the served 21 days as First Vice President of The SPEAKER pro tempore. Is there permission granted in Clause 2(h) of Rule II Sudan; objection to the request of the gen- of the Rules of the U.S. House of Representa- Whereas Dr. Garang fought not only for tleman from New Jersey? tives, the Clerk received the following mes- the people in Southern Sudan, but also for There was no objection. sage from the Secretary of the Senate on the forgotten and long marginalized people Mr. PAYNE. Madam Speaker, I yield March 2, 2007, at 12:30 pm: That the Senate passed S. 743. of the Nuba Mountains, Southern Blue Nile, myself such time as I may consume. That the Senate agreed to without amend- Darfur, and other regions of the country; I rise in strong support of House Res- ment H. Con. Res. 47. Whereas Dr. Garang worked tirelessly to olution 98. That the Senate agreed to S. Con Res. 16. help build international support for a new Let me begin by thanking Chairman Sudan that would be multi-ethnic, multi-re- Appointments: LANTOS for his leadership in the For- ligious, democratic, and united; eign Affairs Committee, which allowed British-American Interparliamentary Whereas the new Sudan envisioned by Dr. Group Garang, if fully realized, would be a country our resolution to come through the North Atlantic Treaty Organization Par- in which all Sudanese would live in peace committee, and our ranking member. liamentary Assembly without discrimination and hatred, with And I would like to also give special Canada-United States Interparliamentary equality, pride, and dignity; acknowledgment to Congressman Group Whereas Dr. Garang creatively and pains- Mexico-United States Interparliamentary FRANK Wolf, who for many, many takingly managed the often conflicting aspi- years, even preceding my entrance to Group rations of his people for an independent With best wishes, I am, Congress, was working on issues deal- Southern Sudan and his vision for a new ing with the problem in Sudan. And he Sincerely, Sudan; LORRAINE C. MILLER, Whereas the Comprehensive Peace Agree- worked very closely with the late Dr. Clerk of the House. ment, which was signed by the Government John Garang de Mabior to help bring f of Sudan and the SPLM/A on January 9, 2005, about peace in southern Sudan. ANNOUNCEMENT BY THE SPEAKER provides Southern Sudan the right to self de- Madam Speaker, H. Res. 98 honors termination through a referendum after six PRO TEMPORE the life and achievements of Dr. John years and also offers the northern establish- Garang de Mabior and reaffirms the The SPEAKER pro tempore. Pursu- ment in Sudan the opportunity to make continued commitment of the House of ant to clause 8 of rule XX, the Chair unity attractive during the interim period; Representatives to a just and lasting Whereas on July 8, 2005, millions of people will postpone further proceedings peace in Sudan. The resolution honors today on motions to suspend the rules throughout Sudan came to show their sup- port in Khartoum when Dr. Garang was the life and achievements of Dr. on which a recorded vote or the yeas sworn in as First Vice President of Sudan; Garang; reaffirms its commitment to a and nays are ordered, or on which the and just and lasting peace in the Republic vote is objected to under clause 6 of Whereas on July 30, 2005, Dr. John Garang of Sudan; calls for the full implementa- rule XX. died in a helicopter crash returning to tion of the Comprehensive Peace Record votes on postponed questions Southern Sudan from Uganda: Now, there- Agreement without delay; strongly will be taken later today. fore, be it Resolved, That the House of Representa- urges the people of southern Sudan and f tives— its leaders to continue to support Dr. HONORING THE LIFE AND (1) honors the life and achievements of Dr. Garang’s vision for a new Sudan; and ACHIEVEMENTS OF THE LATE John Garang de Mabior; strongly supports the creation of a Dr. DR. JOHN GARANG DE MABIOR (2) reaffirms its commitment to a just and John Garang de Mabior Institute for lasting peace in the Republic of the Sudan; Agriculture, Peace, and Economic De- Mr. PAYNE. Madam Speaker, I move (3) calls for full implementation of the velopment in southern Sudan. to suspend the rules and agree to the Comprehensive Peace Agreement without Dr. Garang had a vision for a new resolution (H. Res. 98) honoring the life any delay; Sudan, a Sudan which is multicultural, and achievements of the late Dr. John (4) strongly urges the people of Southern Sudan and its leaders to continue to support multi-ethnic, and peaceful. He fought Garang de Mabior and reaffirming the for 21 years as the leader of the Suda- continued commitment of the House of Dr. Garang’s vision for a new Sudan; (5) strongly urges the full commitment of nese People’s Liberation Movement/ Representatives to a just and lasting the United States, the United Nations, the Army to achieve a just peace for his peace in the Republic of the Sudan, as European Union, the African Union, and the people but only served 21 days as the amended. League of Arab States to support Dr. first Vice President of Sudan before The Clerk read as follows: Garang’s vision for a new Sudan by endors- being killed in a tragic and mysterious H. RES. 98 ing democratic elections throughout Sudan helicopter crash on July 30, 2005, in his in 2009, as provided by the Comprehensive Whereas Dr. John Garang de Mabior, Peace Agreement; region of south Sudan where he was to founder and leader of the Sudan People’s (6) strongly supports the creation of a Dr. be sworn in as President. Liberation Movement/Army (SPLM/A), was John Garang de Mabior Institute for Agri- Dr. John, as he was affectionately born on June 23, 1945, in Bor, Sudan; culture, Peace, and Economic Development called, was a powerful human being and Whereas Dr. Garang joined the Anya-Nya in Southern Sudan; and Movement in 1970, a liberation movement in a symbol of a people’s freedom from op- (7) directs the Clerk of the House of Rep- Southern Sudan, and after the 1972 Addis pression. Dr. John was born into a poor resentatives to transmit an enrolled copy of Ababa Peace Agreement, he became a mem- family of the Dinka ethnic group in the this resolution to the Secretary of State ber of the Sudanese Armed Forces; Upper Nile region of Sudan. He was or- with a request that the Secretary transmit Whereas as Deputy Director of the Mili- it to Dr. Garang’s widow, Rebecca Garang, phaned by the age of 10 but supported tary Research Branch of the Sudanese and to the Government of Southern Sudan, by his family members. When the first Armed Forces, Dr. Garang demonstrated his through the Office of the Sudan People’s Lib- civil war started in 1962, he was too leadership abilities in the early stages of his eration Movement (SPLM) in the District of young to fight and was sent away to military career; Columbia. Whereas Dr. Garang studied economics at school in Tanzania and later came to Grinnell College and received his master of The SPEAKER pro tempore. Pursu- the U.S. to get his degree and studied arts and doctorate degrees from Iowa State ant to the rule, the gentleman from at the University of California Berke- University; New Jersey (Mr. PAYNE) and the gen- ley but decided to go back.

VerDate Aug 31 2005 04:33 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.010 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2173 b 1230 government which, by the way, came Sudan, associated militias and the The fact is that Dr. Garang was a to power in a bloody coup in 1989. This Sudan People’s Liberation Army. person that we honor and respected so same government harbored Osama bin Any analyst will tell you that war is much, and he will live on in that coun- Laden for 5 years between 1991 and 1996. a terrible business, and the war in try. But there was this tragic and mys- He plotted several terrorist attacks Southern Sudan was no exception. terious crash on July 30, 2005, which from there. There were no saints. That said, it is took his life. At the time I was trav- However, the Comprehensive Peace clear that without the leadership of Dr. eling the region in hopes of seeing Dr. Agreement so many people have Garang, it is likely that the oppressors Garang in Southern Sudan to discuss worked for has not been implemented would have succeeded and that the op- the status of the Comprehensive Peace fully, and the genocide in Darfur is not portunity for peace presented by the Agreement. It was a terribly saddening abating. We must be firm with Khar- conclusion of the Comprehensive Peace situation when I received the news of toum. Khartoum must comply with the Agreement for Sudan in 2005 would his crash. CPA. Khartoum must stop the killings have been lost. Besides leaving behind a wife and five in Darfur. Dr. Garang envisioned a united demo- children, he also was mourned by the I urge my colleagues to support the cratic Sudan, a country in which all people of all of Sudan, from east, west, passage of this resolution. citizens enjoyed the freedom to live, to the center, to the north as well as the I also want to take the opportunity worship and to prosper without the south. They all saw him as their hope on the floor of the House of Represent- fear of discrimination or persecution. for future peace and justice in Sudan. atives to congratulate Ghana on 50 If realized, this dream would proffer Thankfully, the number two member years of independence from Britain. untold benefits, not only for the people of the SPLM, Dr. Salva Kiir, was in- Today, people from all over Ghana and of the south, but also for those fighting stalled as the new first vice president all over the world and many heads of inequality in eastern Sudan and of the government of Sudan and Presi- state are celebrating the first Sub-Sa- Darfur. He fought fiercely toward this dent of the government of South haran country to gain its independence end and succeeded in overcoming seem- Sudan, and we are working to help pro- 50 years ago. So the correlation be- ingly insurmountable challenges so fessionalize the government of South- tween the new Southern Sudan and that the south could negotiate with ern Sudan and the SPLA. This is a crit- what happened 50 years ago in Ghana is one voice. ical time for real and lasting peace in very important. After years of negotiations and Sudan. Let us remember that Ghana’s first countless failed attempts, it appeared We must support the government of leader, Kwame Nkrumah, had a broad that Dr. Garang’s efforts would finally Southern Sudan in development efforts vision of African unity. President pay off in January of 2005 as the his- and arrange for elections in 2 years. We Nkrumah did not make a distinction toric peace agreement which would end also must ensure that the people of between north and south. He called it Africa’s longest running civil war was Southern Sudan get the right to self- one continent. His belief is in one Afri- signed in Nairobi, Kenya. His tragic determination through a referendum in ca, one of the underpinnings for Afri- death on July 30, 2005 proved to be the 2011, as provided for in the Comprehen- can unity. first major test of the Comprehensive sive Peace Agreement. So Africa certainly has a long way to Peace Agreement for Sudan. Unfortu- I have followed the crisis in Sudan go, but the continent as a whole is nately, it would not be the last. for most of the last 21 years as the Is- more stable today than it was many It is critical that the United States lamic government in Khartoum waged years ago, and with better governance Government not lose sight of the chal- war against the Sudanese People’s Lib- and use of resources, as well as fairer lenges that remain in implementation. eration Army/Movement and the people trade policies by the U.S. and other Too many innocents have died. It is of the south. More than 4 million peo- Western countries, African countries time for all Sudanese to pursue the ple were displaced from Southern can grow and develop into one of the path toward peace and it is incumbent Sudan, and over 2 million people were most important areas in the world. upon us to help them on their way. killed over the course of this 21 year Madam Speaker, I reserve the bal- I urge my colleagues to support this war. During that time, the National ance of my time. important resolution. Ms. ROS-LEHTINEN. Madam Speak- Islamist Front Government, led by Ms. JACKSON-LEE of Texas. Madam er, I yield myself such time as I may Omar el Bashir, committed innumer- Speaker, I rise today in strong support of H. consume. able brutalities of unimaginable scope Res. 98. I rise to honor the life and achieve- Madam Speaker, I thank Chairman against the people of the South and the ments of the late Dr. John Garang de Mabior. PAYNE for his words. I am also pleased marginalized areas of Southern Blue I rise to reaffirm the continued commitment of to support House Resolution 98, high- Nile and Nuba Mountains. It was the the House of Representatives to a just and lighting the life and achievements of longest running war in Africa until lasting peace in the Republic of the Sudan. the late John Garang and reaffirming January 9, 2005, when the parties Let me express my thanks to Mr. PAYNE and signed the Comprehensive Peace Agree- the commitment of the House to a just Mr. WOLF, the chair and ranking member of ment. and lasting peace in Sudan. the Subcommittee on Africa and Global Health I was in Nairobi for the signing of the While much attention is currently fo- of the Committee on Foreign Affairs, respec- CPA and was cautiously hopeful that cused on the crisis in Darfur and that tively. I also wish to express my appreciation the long awaited peace in Sudan would region of western Sudan, it is critical to the many other co-sponsors of this resolu- work. However, once the north-south that we do not allow ourselves to be- tion who have worked long and hard to help conflict reached a point where an come complacent in the south. After bring about a just and lasting peace in South- agreement was imminent, the govern- all, it was in the south that over 20 ern Sudan. ment began its attack on the innocent years of war between the government Madam Speaker, the life of Dr. John Garang civilians in Darfur. With the help of in Khartoum and the Sudan People’s de Mabior, ‘‘Dr. John,’’ as he was affection- the Janjaweed, the National Congress Liberation Army left over 2 million ately called, is testimony to mankind’s innate Party, formerly the National Islamic people dead and 4 million others dis- capacity to do good and a powerful symbol of Front, had destroyed villages and com- placed. It was in the south that the a peoples’ struggle for freedom. In honoring munities, and maimed, raped, killed government of Sudan honed its craft in Dr. John today, we also keep alive the dreams and terrorized the people of Darfur. genocide, manipulating ethnic ten- of his people. One day peace and justice will In the annual Country Report on sions, arming proxy militias, con- flow like milk and honey for all people through- Human Rights released today, the ducting aerial bombardments of civil- out Southern Sudan. State Department called Darfur ‘‘the ians and engaging in forced displace- Dr. John was born into a poor family of the most sobering reality in 2006.’’ Over ment, mass murder, looting, torture Dinka ethnic group, in the Upper Nile Region 400,000 are dead; more than 2.5 million and rape. It was also in the south that of Sudan. He was orphaned by the age of 10 displaced. a generation of boys was lost, having but was supported by his family members. It The people of Sudan have suffered been forcibly conscripted to serve as truly took a village to raise a child and what tremendously under the hands of this child soldiers for the Armed Forces of a child he was!

VerDate Aug 31 2005 04:33 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 9920 E:\CR\FM\K06MR7.015 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2174 CONGRESSIONAL RECORD — HOUSE March 6, 2007 When the civil war broke out in 1962, Dr. paign of displacement, starvation, rape, mass It is also not too early to begin the hard John was too young to fight and was sent murder, and terror as we are witnessing in thinking and hard work needed to transform away to high school in Tanzania. In 1969, he Darfur for the last 3 years. At least 400,000 the Darfur region from killing field to economi- earned a scholarship attend Grinnell College people have been killed; more than 2 million cally, politically, and socially viable and peace- in Iowa. After graduation he could have at- innocent civilians have been forced to flee ful community. This work will, of course, re- tended graduate school at the University of their homes and now live in displaced-persons quire the active and purposeful engagement of California at Berkeley but turned it down, camps in Sudan or in refugee camps in neigh- the United States and other key stakeholders, choosing instead, to return to Tanzania to boring Chad; and more than 3.5 million men, such as China, and the Arab League. In this study agricultural economics where he could women, and children are completely reliant on connection, I have been engaged in an on- be closer to his people. international aid for survival. Unless the world going dialogue with government representa- In 1972, Dr. John joined the Sudanese mili- stirs from its slumber and takes concerted and tives of Egypt, a dialogue that has already tary and became a career soldier. He eventu- decisive action to relieve this suffering, the on- yielded significant dividends. For example, ally took a leave and earned his doctorate in going genocide in Darfur will stand as one of Egypt has implemented several fast track agricultural economics from the University of the blackest marks on humankind for centuries projects in southern Sudan in different sectors Iowa. But a life of academic repose was not to come. The people of Darfur cannot wait. involving health, agriculture, electricity, irriga- for Dr. John for he was a man of action and The time has come for decisive leadership tion, infrastructure, and education in order to passion. And the actions and passions of his from the United States. make unity an even more attractive option to time called him to a life of struggle on behalf It has been more than 2 years since I and the people of south Sudan. of the oppressed people of his country. my colleagues in the Congressional Black It must be noted that no just and lasting In 1983, Dr. John left the military and joined Caucus Darfur Task Force met with Secretary peace in Sudan can be achieved without the the newly created Sudanese Peoples’ Libera- Colin Powell to press successfully for the ad- responsible intervention of China. For too long tion Army, a movement opposed to the impo- ministration to declare that the campaign of China, which is Sudan’s biggest oil customer, sition of Sharia law. Thus began his long ca- ethnic cleansing and atrocities carried out has also served as Khartoum’s enabler and reer as the political and military leader of the against civilians primarily by the Government protector by preventing the U.N. Security people of Southern Sudan. of Sudan and its allied Janjaweed militias is Council from imposing more serious sanctions Throughout this struggle, Dr. John devel- genocide. on Sudan in response to the genocide and oped a strong political and personal relation- It has been more than a year since I flew to crimes against humanity committed in Darfur. ship with many Members of the House of Rep- Chad and walked across the border to Sudan As former Deputy Secretary of State Robert resentatives. and met with African Union troops who plead- Zoellick stated in a major policy speech on The struggle for justice in Sudan was not a ed for more peacekeeping authority and the China a year ago: ‘‘China should take more partisan issue for Members of Congress. resources to protect the refugees from vio- than oil from Sudan—it should take some re- Strong bonds of collegiality and friendship lence, rather than merely monitor it. After re- sponsibility for resolving Sudan’s human cri- were formed through our efforts to shape U.S. turning from that Congressional delegation, I sis.’’ Based on my meetings with Zhou foreign policy toward Sudan. worked with other Members of Congress to Wenzhong, China’s ambassador to the United In that sense, Dr. John’s life and struggle, secure increased funding to aid the thousands States, I am hopeful that China can be per- and the struggle of the Southern Sudanese of Sudanese displaced to refugee camps in suaded to provide the type of constructive people served to unite Democrats and Repub- Chad and to provide additional funding to as- leadership in Sudan befitting a great power. licans in a common cause for freedom. sist Chad in responding to the humanitarian There is much work to be done and not When I first met with Dr. John in my con- crisis. much time, Madam Speaker. And I have no gressional office, I recall he did not waste It has been almost 2 years since the UN doubt that our response will be worthy of our words. In his soft-spoken way, he laid out very Security Council adopted Resolution 1556 de- responsibility as a world leader. But today, it clearly his vision for Southern Sudan. And, in manding that the government of Sudan disarm is right and good and just to pause, reflect, his highly dignified way, this powerfully char- the Janjaweed. This demand was later fol- and honor the remarkable life of a remarkable ismatic man of deep conviction and strong lowed by Resolution 1706, which authorizes a human being—Dr. John Garang de Mabior, moral character asked for my support and the 20,000 strong U.N. peacekeeping force. which we will do by adopting H. Res. 98. support of the United States Congress on be- It has been 6 months since the Darfur I urge all my colleagues to join me in sup- half of his people. It was clear to me then, as Peace Agreement was brokered in May 2006 porting the resolution. it is now, that Dr. John lived a purposeful life between the Government of Sudan and one Ms. ROS-LEHTINEN. Madam Speak- of singular devotion to the liberation and well- faction of Darfur rebels. er, I yield back the balance of my time. being of his people. But still the violence continues; indeed, the Mr. PAYNE. Madam Speaker, I have Dr. John’s tragic death in the mountains of violence is escalating. This violence is making no further requests for time, and I Uganda shocked the world. It seems enor- it even more dangerous, if not impossible, for yield back the balance of my time. mously unjust for this man, who brought his most of the millions of displaced persons to The SPEAKER pro tempore. The people through a long and devastating civil return to their homes and for humanitarian re- question is on the motion offered by war, who became Vice President of Sudan, lief agencies to bring food and medical aid. the gentleman from New Jersey (Mr. and who later became head of Southern According to Jan Egeland, the U.N.’s top hu- PAYNE) that the House suspend the Sudan, to die in 2005 in a helicopter crash. manitarian official, the situation in Darfur is rules and agree to the resolution, H. Madam Speaker, out of this historic tragedy, ‘‘going from real bad to catastrophic.’’ Res. 98, as amended. the people of Southern Sudan have been We have come full circle. Violence is in- The question was taken. called to carry on. As Dr. John said after being creasing, peace treaties are falling apart, and The SPEAKER pro tempore. In the inaugurated: ‘‘I congratulate the Sudanese again as a member of the Congressional opinion of the Chair, two-thirds being people. This is not my peace or the peace of Black Caucus Darfur Taskforce and a ranking in the affirmative, the ayes have it. al-Bashir; it is the peace of the Sudanese peo- member on the House Judiciary immigration Mr. PAYNE of New Jersey. Madam ple.’’ subcommittee, I have been meeting with Sec- Speaker, on that I demand the yeas Madam Speaker, the recognition this House retary of State Condoleezza Rice seeking an and nays. today gives Dr. John Garang de Mabior increase in the number of refugee visas for The yeas and nays were ordered. should also remind us of the importance of re- Darfur students to come to the United States The SPEAKER pro tempore. Pursu- doubling our resolve to end the genocide in to study. I will continue my ongoing, unceasing ant to clause 8 of rule XX and the Darfur. There is wide-spread and broad- efforts to end the suffering in Darfur and bring Chair’s prior announcement, further based consensus in America and between peace to Sudan. These efforts include inten- proceedings on this question will be Democrats and Republicans that the ongoing sifying my discussions with Secretary Rice, postponed. genocide in Darfur is intolerable and must be the United States Ambassador to the United ended. Thus, this is an area in which there is Nations, representatives of the Arab League, f ample opportunity for the Congress and the and humanitarian groups such as Human Bush administration to find common ground to Rights Watch, Amnesty International, and var- NATO FREEDOM CONSOLIDATION alleviate the overwhelming suffering in Darfur. ious African public policy groups to discuss ACT OF 2007 Not since the Rwandan genocide of 1994 ways and means of bringing peace to that Mr. TANNER. Madam Speaker, I has the world seen such a systematic cam- troubled land. move to suspend the rules and pass the

VerDate Aug 31 2005 04:33 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.033 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2175 bill (H.R. 987) to endorse further en- (8) At the Madrid Summit of the North At- willing and able to assume the responsibil- largement of the North Atlantic Trea- lantic Treaty Organization in July 1997, Po- ities and obligations of membership, in ac- ty Organization (NATO) and to facili- land, Hungary, and the Czech Republic were cordance with Article 10 of the Washington tate the timely admission of new mem- invited to join the Alliance, and the North Treaty’’. Atlantic Treaty Organization heads of state (14) On May 8, 2003, the United States Sen- bers to NATO, and for other purposes. and government issued a declaration stating The Clerk read as follows: ate unanimously approved the Resolution of ‘‘[t]he alliance expects to extend further in- Ratification to Accompany Treaty Docu- H.R. 987 vitations in coming years to nations willing ment No. 108–4, Protocols to the North At- Be it enacted by the Senate and House of Rep- and able to assume the responsibilities and lantic Treaty of 1949 on Accession of Bul- resentatives of the United States of America in obligations of membership . . . [n]o European garia, Estonia, Latvia, Lithuania, Romania, Congress assembled, democratic country whose admission would Slovakia, and Slovenia, inviting Bulgaria, SECTION 1. SHORT TITLE. fulfill the objectives of the [North Atlantic] Estonia, Latvia, Lithuania, Romania, Slo- This Act may be cited as the ‘‘NATO Free- Treaty will be excluded from consideration’’. vakia, and Slovenia to join the North Atlan- dom Consolidation Act of 2007’’. (9) At the Washington Summit of the tic Treaty Organization. SEC. 2. FINDINGS. North Atlantic Treaty Organization in April (15) At the Istanbul Summit of the North Congress makes the following findings: 1999, the North Atlantic Treaty Organization Atlantic Treaty Organization in June 2004, (1) The sustained commitment of the North heads of state and government issued a the North Atlantic Treaty Organization ´ Atlantic Treaty Organization (NATO) to mu- communique declaring ‘‘[w]e pledge that heads of state and government issued a NATO will continue to welcome new mem- tual defense has made possible the demo- communique´ reaffirming that NATO’s door bers in a position to further the principles of cratic transformation of Central and Eastern remains open to new members, declaring Europe. Members of the North Atlantic Trea- the [North Atlantic] Treaty and contribute ‘‘[w]e celebrate the success of NATO’s Open ty Organization can and should play a crit- to peace and security in the Euro-Atlantic Door Policy, and reaffirm today that our ical role in addressing the security chal- area . . . [t]he three new members will not be seven new members will not be the last. The lenges of the post-Cold War era in creating the last . . . [n]o European democratic coun- door to membership remains open. We wel- the stable environment needed for those try whose admission would fulfill the objec- come the progress made by Albania, Croatia, emerging democracies in Europe. tives of the Treaty will be excluded from and the former Yugoslav Republic of Mac- (2) Lasting stability and security in Europe consideration, regardless of its geographic edonia (1) in implementing their Annual Na- requires the military, economic, and polit- location . . .’’. tional Programmes under the Membership ical integration of emerging democracies (10) In May 2000 in Vilnius, Lithuania, the Action Plan, and encourage them to con- into existing European structures. foreign ministers of Albania, Bulgaria, Esto- (3) In an era of threats from terrorism and nia, Latvia, Lithuania, the Republic of Mac- tinue pursuing the reforms necessary to the proliferation of weapons of mass destruc- edonia, Romania, Slovakia, and Slovenia progress toward NATO membership. We also tion, the North Atlantic Treaty Organization issued a statement (later joined by Croatia) commend their contribution to regional sta- is increasingly contributing to security in declaring that— bility and cooperation. We want all three the face of global security challenges for the (A) their countries will cooperate in joint- countries to succeed and will continue to as- protection and interests of its member ly seeking membership in the North Atlantic sist them in their reform efforts. NATO will states. Treaty Organization in the next round of en- continue to assess each country’s candidacy (4) In the NATO Participation Act of 1994 largement of the North Atlantic Treaty Or- individually, based on the progress made to- (title II of Public Law 103–447; 22 U.S.C. 1928 ganization; wards reform goals pursued through the note), Congress declared that ‘‘full and ac- (B) the realization of membership in the Membership Action Plan, which will remain tive participants in the Partnership for North Atlantic Treaty Organization by one the vehicle to keep the readiness of each as- Peace in a position to further the principles or more of these countries would be a success pirant for membership under review. We di- of the North Atlantic Treaty and to con- for all; and rect that NATO Foreign Ministers keep the tribute to the security of the North Atlantic (C) eventual membership in the North At- enlargement process, including the imple- area should be invited to become full NATO lantic Treaty Organization for all of these mentation of the Membership Action Plan, members in accordance with Article 10 of countries would be a success for Europe and under continual review and report to us. We such Treaty at an early date . . .’’. for the North Atlantic Treaty Organization. will review at the next Summit progress by (5) In the NATO Enlargement Facilitation (11) On June 15, 2001, in a speech in War- aspirants towards membership based on that Act of 1996 (title VI of section 101(c) of title saw, Poland, President George W. Bush stat- report’’. I of division A of Public Law 104–208; 22 ed ‘‘[a]ll of Europe’s new democracies, from (16) Georgia and Ukraine have stated their U.S.C. 1928 note), Congress called for the the Baltic to the Black Sea and all that lie desire to join the Euro-Atlantic community, prompt admission of Poland, Hungary, the between, should have the same chance for se- and in particular, are seeking to join the Czech Republic, and Slovenia to the North curity and freedom—and the same chance to North Atlantic Treaty Organization. Georgia Atlantic Treaty Organization, and declared join the institutions of Europe—as Europe’s and Ukraine are working closely with the that ‘‘in order to promote economic stability old democracies have . . . I believe in NATO North Atlantic Treaty Organization and its and security in Slovakia, Estonia, Latvia, membership for all of Europe’s democracies members to meet criteria for eventual mem- Lithuania, Romania, Bulgaria, Albania, that seek it and are ready to share the re- bership in NATO. Moldova, and Ukraine . . . the process of en- sponsibilities that NATO brings . . . [a]s we (17) At a press conference with President larging NATO to include emerging democ- plan to enlarge NATO, no nation should be Mikhail Saakashvili of Georgia in Wash- racies in Central and Eastern Europe should used as a pawn in the agenda of others . . . ington, DC on July 5, 2006, President George not be limited to consideration of admitting [w]e will not trade away the fate of free Eu- W. Bush stated that ‘‘. . . I believe that NATO Poland, Hungary, the Czech Republic, and ropean peoples . . . [n]o more Munichs . . . [n]o would benefit with Georgia being a member Slovenia as full members of the NATO Alli- more Yaltas . . . [a]s we plan the Prague Sum- of NATO, and I think Georgia would benefit. ance’’. mit, we should not calculate how little we And there’s a way forward through the Mem- (6) In the European Security Act of 1998 can get away with, but how much we can do bership Action Plan . . . And I’m a believer in (title XXVII of division G of Public Law 105– to advance the cause of freedom’’. the expansion of NATO. I think it’s in the 277; 22 U.S.C. 1928 note), Congress declared (12) On October 22, 1996, in a speech in De- world’s interest that we expand NATO’’. that ‘‘Poland, Hungary, and the Czech Re- troit, Michigan, former President William J. (18) Following a meeting of NATO Foreign public should not be the last emerging de- Clinton stated ‘‘NATO’s doors will not close Ministers in New York on September 21, 2006, mocracies in Central and Eastern Europe in- behind its first new members . . . NATO NATO Secretary General Jaap de Hoop vited to join NATO’’ and that ‘‘Romania, Es- should remain open to all of Europe’s emerg- Scheffer announced the launching of an In- tonia, Latvia, Lithuania, and Bulgaria . . . ing democracies who are ready to shoulder tensified Dialogue on membership between would make an outstanding contribution to the responsibilities of membership . . . [n]o the Alliance and Georgia. furthering the goals of NATO and enhancing nation will be automatically excluded . . . (19) At the NATO-Ukraine Commission stability, freedom, and peace in Europe [n]o country outside NATO will have a veto Summit in Brussels in February 2005, Presi- should they become NATO members [and] . . . [a] gray zone of insecurity must not re- dent of Ukraine Victor Yushchenko declared upon complete satisfaction of all relevant emerge in Europe’’. membership in NATO as the ultimate goal of criteria should be invited to become full (13) At the Prague Summit of the North Ukraine’s cooperation with the Alliance and NATO members at the earliest possible Atlantic Treaty Organization in November expressed Ukraine’s desire to conclude a date’’. 2002, Bulgaria, Estonia, Latvia, Lithuania, Membership Action Plan. (7) In the Gerald B. H. Solomon Freedom Romania, Slovakia, and Slovenia were in- (20) At the NATO-Ukraine Commission Consolidation Act of 2002 (Public Law 107– vited to join the Alliance in the second Foreign Ministerial meeting in Vilnius in 187; 22 U.S.C. 1928 note), Congress endorsed round of enlargement of the North Atlantic April 2005, NATO and Ukraine launched an ‘‘. . . the vision of further enlargement of the Treaty Organization since the end of the Intensified Dialogue on the potential mem- NATO Alliance articulated by President Cold War, and the North Atlantic Treaty Or- bership of Ukraine in NATO. George W. Bush on June 15, 2001, and by ganization heads of state and government (21) At the Riga Summit of the North At- former President William J. Clinton on Octo- issued a declaration stating ‘‘NATO’s door lantic Treaty Organization in November 2006, ber 22, 1996’’. will remain open to European democracies the Heads of State and Government of the

VerDate Aug 31 2005 03:20 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.017 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2176 CONGRESSIONAL RECORD — HOUSE March 6, 2007 member countries of NATO issued a declara- tion articulated by President George W. SEC. 5. AUTHORIZATION OF SECURITY ASSIST- tion reaffirming that NATO’s door remains Bush on June 15, 2001, and by former Presi- ANCE FOR COUNTRIES DESIGNATED open to new members, declaring that ‘‘all dent William J. Clinton on October 22, 1996, UNDER THE NATO PARTICIPATION European democratic countries may be con- and urges our allies in the North Atlantic ACT OF 1994. Of the amounts made available for fiscal sidered for MAP (Membership Action Plan) Treaty Organization to work with the United year 2008 under section 23 of the Arms Export or admission, subject to decision by the NAC States to realize a role for the North Atlan- Control Act (22 U.S.C. 2763) such sums as (North Atlantic Council) at each stage, based tic Treaty Organization in promoting global may be necessary are authorized to be appro- on the performance of these countries to- security, including continued support for en- priated for assistance to the Republic of Al- wards meeting the objectives of the North largement to include qualified candidate bania, the Republic of Croatia, Georgia, the Atlantic Treaty. We direct that NATO For- states, specifically by entering into a Mem- Republic of Macedonia, and Ukraine. eign Ministers keep that process under con- bership Action Plan with Georgia and recog- tinual review and report to us. We welcome nizing the progress toward meeting the re- The SPEAKER pro tempore. Pursu- the efforts of Albania, Croatia, and the sponsibilities and obligations of NATO mem- ant to the rule, the gentleman from former Yugoslav Republic of Macedonia to bership by Albania, Croatia, Georgia, Mac- Tennessee (Mr. TANNER) and the gen- prepare themselves for the responsibilities edonia, and Ukraine. tlewoman from Florida (Ms. ROS- and obligations of membership. We reaffirm LEHTINEN) each will control 20 minutes. that the Alliance will continue with Georgia SEC. 4. DESIGNATION OF ALBANIA, CROATIA, GEORGIA, MACEDONIA, AND The Chair recognizes the gentleman and Ukraine its Intensified Dialogues which UKRAINE AS ELIGIBLE TO RECEIVE from Tennessee. cover the full range of political, military, fi- ASSISTANCE UNDER THE NATO PAR- GENERAL LEAVE nancial and security issues relating to those TICIPATION ACT OF 1994. countries’ aspirations to membership, with- Mr. TANNER. Madam Speaker, I ask (a) DESIGNATION.— out prejudice to any eventual Alliance deci- unanimous consent that all Members (1) ALBANIA.—The Republic of Albania is sion. We reaffirm the importance of the may have 5 legislative days to revise designated as eligible to receive assistance NATO-Ukraine Distinctive Partnership, and extend their remarks and include under the program established under section which has its 10th anniversary next year and extraneous material on the bill under 203(a) of the NATO Participation Act of 1994 welcome the progress that has been made in (title II of Public Law 103–447; 22 U.S.C. 1928 consideration. the framework of our Intensified Dialogue. note), and shall be deemed to have been so The SPEAKER pro tempore. Is there We appreciate Ukraine’s substantial con- designated pursuant to section 203(d)(1) of objection to the request of the gen- tributions to our common security, includ- such Act. tleman from Tennessee? ing through participation in NATO-led oper- (2) CROATIA.—The Republic of Croatia is There was no objection. ations and efforts to promote regional co- designated as eligible to receive assistance Mr. TANNER. Madam Speaker, I operation. We encourage Ukraine to con- under the program established under section tinue to contribute to regional security. We yield myself such time as I may con- 203(a) of the NATO Participation Act of 1994, are determined to continue to assist, sume. and shall be deemed to have been so des- through practical cooperation, in the imple- Madam Speaker, I want to thank ignated pursuant to section 203(d)(1) of such mentation of far-reaching reform efforts, no- Chairman LANTOS and my good friend, Act. tably in the fields of national security, Representative PAUL GILLMOR from (3) GEORGIA.—Georgia is designated as eli- defence, reform of the defence-industrial sec- Ohio, for helping with this bill, and gible to receive assistance under the pro- tor and fighting corruption. We welcome the gram established under section 203(a) of the also the ranking member on the For- commencement of an Intensified Dialogue NATO Participation Act of 1994, and shall be eign Affairs Committee. with Georgia as well as Georgia’s contribu- deemed to have been so designated pursuant NATO is probably arguably one of tion to international peacekeeping and secu- to section 203(d)(1) of such Act. the most important organizations now rity operations. We will continue to engage (4) MACEDONIA.—The Republic of Mac- actively with Georgia in support of its re- in this post-cold war period. NATO, our edonia is designated as eligible to receive as- form process. We encourage Georgia to con- allies in Europe and Canada, have pres- sistance under the program established tinue progress on political, economic and ently almost 17,000 troops on the under section 203(a) of the NATO Participa- military reforms, including strengthening ground in Kosovo and 35,000 in Afghani- tion Act of 1994, and shall be deemed to have judicial reform, as well as the peaceful reso- stan. The alliance is strong, and it is been so designated pursuant to section lution of outstanding conflicts on its terri- 203(d)(1) of such Act. very important from the standpoint of tory. We reaffirm that it is of great impor- (5) UKRAINE.—Ukraine is designated as eli- being an international organization tance that all parties in the region should gible to receive assistance under the pro- that can go anywhere and bring order engage constructively to promote regional gram established under section 203(a) of the peace and stability.’’ to chaos and back it up with some mili- NATO Participation Act of 1994, and shall be (22) Contingent upon their continued im- tary capability. That is unique and deemed to have been so designated pursuant plementation of democratic, defense, and critical, in my judgment, in this post- to section 203(d)(1) of such Act. economic reform, and their willingness and Cold War world. ability to meet the responsibilities of mem- (b) RULE OF CONSTRUCTION.—The designa- NATO itself symbolizes really the co- bership in the North Atlantic Treaty Organi- tion of the Republic of Albania, the Republic operative effort across the Atlantic to zation and a clear expression of national in- of Croatia, Georgia, the Republic of Mac- promote regional and area-wide sta- tent to do so, Congress calls for the timely edonia, and Ukraine pursuant to subsection bility and also to encourage fledgling admission of Albania, Croatia, Georgia, Mac- (a) as eligible to receive assistance under the democracies, particularly in Eastern edonia, and Ukraine to the North Atlantic program established under section 203(a) of Treaty Organization to promote security and Europe. This legislation before us rec- the NATO Participation Act of 1994— ognizes the continuing efforts of Alba- stability in Europe. (1) is in addition to the designation of Po- SEC. 3. DECLARATIONS OF POLICY. land, Hungary, the Czech Republic, and Slo- nia, Croatia, Georgia, Macedonia and Congress— venia pursuant to section 606 of the NATO Ukraine to become members of NATO (1) reaffirms its previous expressions of Enlargement Facilitation Act of 1996 (title and encourages them to continue on support for continued enlargement of the VI of section 101(c) of title I of division A of that path. It is a statement from the North Atlantic Treaty Organization con- Public Law 104–208; 22 U.S.C. 1928 note), the Congress that we believe that what tained in the NATO Participation Act of designation of Romania, Estonia, Latvia, they are doing is important, and we be- 1994, the NATO Enlargement Facilitation Lithuania, and Bulgaria pursuant to section lieve that they are moving in the right Act of 1996, the European Security Act of 2703(b) of the European Security Act of 1998 direction. 1998, and the Gerald B. H. Solomon Freedom (title XXVII of division G of Public Law 105– Since 1989, 10 countries have joined Consolidation Act of 2002; 277; 22 U.S.C. 1928 note), and the designation (2) supports the commitment to further en- of Slovakia pursuant to section 4(a) of the NATO. We have seen Eastern European largement of the North Atlantic Treaty Or- Gerald B. H. Solomon Freedom Consolida- countries join NATO and make a re- ganization to include European democracies tion Act of 2002 (Public Law 107–187; 22 U.S.C. markable contribution to the ongoing that are able and willing to meet the respon- 1928 note) as eligible to receive assistance effort not only in Afghanistan and in sibilities of Membership, as expressed by the under the program established under section the Balkans, but also as it relates to Alliance in its Madrid Summit Declaration 203(a) of the NATO Participation Act of 1994; the furthering of democracy across of 1997, its Washington Summit Communique´ and some of those formerly Warsaw Pact of 1999, its Prague Summit Declaration of (2) shall not preclude the designation by countries. Every President has en- 2002, its Istanbul Summit Communique´ of the President of other countries pursuant to 2004, and its Riga Summit Declaration of section 203(d)(2) of the NATO Participation dorsed the efforts that are embodied in 2006; and Act of 1994 as eligible to receive assistance this bill in terms of the expansion of (3) endorses the vision of further enlarge- under the program established under section NATO, and this process is not yet com- ment of the North Atlantic Treaty Organiza- 203(a) of such Act. plete.

VerDate Aug 31 2005 04:33 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.005 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2177 Madam Speaker, I reserve the bal- Cold War, and it is also providing secu- spring break Eastertime trip to the So- ance of my time. rity now in many other areas of the viet Union, to Czechoslovakia, to Po- Ms. ROS-LEHTINEN. Madam Speak- world that are outside the exact geo- land, and to East Berlin. It was my er, I yield myself such time as I may graphical footprint of the NATO coun- first trip out of the country; it was my consume. tries. For example, as Mr. TANNER first trip on an airplane; and of all Madam Speaker, I thank the gen- pointed out, there are troops in the places to go, it was behind the Iron tleman for recognizing the great work Balkans. There are NATO troops in Af- Curtain. that both Chairman LANTOS as well as ghanistan where they are carrying the I knew a lot about NATO back then Congressman GILLMOR of Ohio have fight. Many of those NATO allies have simply because we were studying it in done in paying attention to this issue had troops also in Iraq. my civics class, but I really didn’t un- of NATO. Very shortly after NATO was created derstand the importance of NATO until Madam Speaker, I am so pleased to in 1949, there was another group called I went on that trip; and I didn’t under- support this very timely legislation. the NATO Parliamentary Assembly to stand what it all meant until I went This measure is a further step in help- keep a close liaison between the North with my colleagues to my very first ing to ensure that NATO, its member Atlantic Council, which is NATO, and NATO Parliamentary Assembly meet- states and those aspiring to join this the parliaments of those countries. Mr. ing a few years ago. alliance are united in pursuit of Euro- TANNER and I have had the opportunity When you went to visit countries be- pean democracy and security. to represent the United States on that hind the Iron Curtain back when com- Since its formation in 1949, NATO’s organization for I think a little over 10 munism was rampant, it was remark- mission has been to safeguard the free- years, and it has been a very valuable able to go into these countries where dom, common heritage and civilization organization from the point of view of you had no freedom, no expression of of its members by promoting stability the United States. We have both had thought, no nothing. It was gray and it and well-being in the North Atlantic the opportunity at different times to was dreary, and it was so sad. Even area. serve as vice president of it and as though we were able to spend, at least in Czechoslovakia, time with some stu- b 1245 chairman of the Economic and Secu- rity Committee, and Mr. TANNER now dents, you really understood the im- The measure before us serves to ex- leads our delegation to that group. portance of protecting your civil rights press America’s continued support for One of the things that I think is im- and your freedom of speech. I really these important goals. portant about that when we go, as Re- understood that for the first time be- The NATO Freedom Consolidation publicans and Democrats, we seem to cause of course we were all as kids Act should help to nurture all those quit being Republicans and Democrats afraid that we were being bugged in our European states that may eventually when we get outside of the United hotel rooms and we were afraid to say join that alliance and give it a sense of States. I would say when we meet with anything because we thought we would common strategic peacekeeping goals, our European allies, the only way they get taken by the police. by encouraging them to prepare, as- know which party we belong to is when Anyway, back to my first NATO sume and maintain the responsibilities they ask us, because we speak with one meeting and we are sitting across the of membership. voice. table from members of the Czech Re- Specifically, the legislation calls for But many of the nations on the other public, from Latvia, Lithuania, Esto- the timely admission of Albania, Cro- side of the Cold War east of the Iron nia, countries that had always been atia, Georgia, Macedonia, and Ukraine Curtain are now members of NATO, under the iron thumb of communism to NATO and authorizes security as- and they are some of the strongest and and the Soviet Union, and with the fall sistance for these countries in fiscal most enthusiastic members. As re- of the Berlin Wall, of course, were able year 2008. The standards for joining cently as 2004, seven new countries to come into their own once again. NATO should not be lowered in any were added, all of them Warsaw coun- That is one of the most remarkable way and each country should be evalu- tries, bringing the NATO membership things about getting to known our fel- ated individually on the merits. to 26: Bulgaria, Estonia, Latvia, Lith- low parliamentarians and under- Albania, Croatia, and Macedonia uania, Romania, Slovakia, and Slo- standing their great desire to join an have been making progress on reforms venia. alliance like NATO that has done real- through their participation in the I want to point out that NATO is not ly an amazing job in protecting the NATO Membership Action Plan since a club you just join. You have to earn North Atlantic region and our allies 2002. membership in NATO. It is a military throughout that particular area. Georgia and Ukraine have not yet alliance. You have to meet the criteria, I don’t know that people really un- been granted a Membership Action and you have to contribute your part derstand the importance of this treaty Plan, but these two nations are making to that military strength in order to be organization and how it has fostered strides in order to qualify for MAP. a member. As long as the new members security and cooperation for almost 60 The NATO Freedom Consolidation meet those commitments, NATO will years now. Act will provide important incentives continue to be a strong alliance and I know, though, that the work of and assistance to the countries to con- one of the strongest forces for peace, NATO is not complete because we have tinue the implementation of demo- stability, and democracy in the world. newly democratic countries such as cratic, defense and economic reforms. Ms. ROS-LEHTINEN. Madam Speak- Georgia and the Ukraine who have ex- In these times, Madam Speaker, when er, I reserve the balance of my time. pressed strong interest in joining we have important missions to accom- Mr. TANNER. Madam Speaker, it is NATO, as well as other countries like plish overseas, I encourage my col- my pleasure to recognize a member of Croatia and Macedonia who have actu- leagues to vote in support of this meas- our delegation to the NATO PA; and by ally opened constructive dialogues on ure. the way, Mr. GILLMOR is a vice presi- their potential for NATO membership. Madam Speaker, I yield such time as dent of the NATO PA this term, and I When you have lived or touched on he may consume to Mr. GILLMOR, who am proud to serve with him, and now I what it is like to live in countries that just returned from a NATO conference would like to recognize a member of had no freedoms or protections like overseas. our delegation to the NATO Parliamen- NATO can offer, it is so important for Mr. GILLMOR. Madam Speaker, I tary Assembly, the gentlewoman from us to look favorably upon their oppor- thank the gentlewoman for yielding Missouri (Mrs. EMERSON), and yield to tunity to join this important treaty or- and also for her support of this resolu- her such time as she may consume. ganization. tion. I am very pleased to join with my Mrs. EMERSON. Madam Speaker, I There is no doubt in my mind that colleague, JOHN TANNER, in supporting rise in support of H.R. 987. NATO membership will be able to fur- this resolution. I want to tell a little story, if that is ther our goal of extending democracy NATO is our most successful military all right. Back in 1968 when I was 17 throughout the globe. Certainly H.R. alliance, maybe the most successful years old and a senior in high school, 987 will help accomplish this goal, and military alliance in history. It won the my high school actually organized a I am very pleased that my colleague,

VerDate Aug 31 2005 03:20 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.018 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2178 CONGRESSIONAL RECORD — HOUSE March 6, 2007 Mr. TANNER, has offered this bill; and I for in East Asia where the figure is approxi- women and girls both in the United States look forward to its passage. mately 18 to 19 percent, and in no developing and in other countries; and Ms. ROS-LEHTINEN. Madam Speak- region do women hold more than 8 percent of (4) encourages the President to— er, I yield back the balance of my time, the ministerial positions; (A) reaffirm his commitment to pursue Whereas women work two-thirds of the policies to protect fundamental human and I thank Mr. TANNER for his leader- world’s working hours and produce half of rights and civil liberties, particularly those ship. the world’s food, yet earn only 1 percent of of women and girls; and Mr. TANNER. Madam Speaker, I the world’s income and own less than 1 per- (B) issue a proclamation calling upon the want to thank Mrs. EMERSON and Mr. cent of the world’s property; people of the United States to observe Inter- GILLMOR, and you, Ms. ROS-LEHTINEN, Whereas in the United States between 1995 national Women’s Day with appropriate pro- for participating. This is an important and 2000, female managers earned less than grams and activities. bill. their male counterparts in the 10 industries The SPEAKER pro tempore. Pursu- Madam Speaker, I yield back the bal- that employ the vast majority of all female ant to the rule, the gentlewoman from employees; ance of my time. California (Ms. WATSON) and the gen- Whereas of the 1,300,000,000 people living in The SPEAKER pro tempore. The poverty around the world, 70 percent are tlewoman from Florida (Ms. ROS- question is on the motion offered by women and children; LEHTINEN) each will control 20 minutes. the gentleman from Tennessee (Mr. Whereas according to the United States The Chair recognizes the gentle- TANNER) that the House suspend the Agency for International Development, two- woman from California. rules and pass the bill, H.R. 987. thirds of the 876,000,000 illiterate individuals GENERAL LEAVE The question was taken; and (two- worldwide are women, two-thirds of the 125,000,000 school-aged children who are not Ms. WATSON. Madam Speaker, I ask thirds being in the affirmative) the unanimous consent that all Members rules were suspended and the bill was attending school worldwide are girls, and girls are less likely to complete school than may have 5 legislative days to revise passed. boys; and extend their remarks and include A motion to reconsider was laid on Whereas worldwide women account for half extraneous material on the resolution the table. of all cases of HIV/AIDS, approximately under consideration. f 42,000,000 cases, and in countries with high The SPEAKER pro tempore. Is there HIV prevalence, young women are at a high- objection to the request of the gentle- SUPPORTING THE GOALS OF er risk than young men of contracting HIV; INTERNATIONAL WOMEN’S DAY Whereas globally, each year over 500,000 woman from California? Ms. WATSON. Madam Speaker, I women die during childbirth and pregnancy; There was no objection. move to suspend the rules and agree to Whereas domestic violence causes more Ms. WATSON. Madam Speaker, I the resolution (H. Res. 149) supporting deaths and disability among women between yield myself such time as I may con- ages 15 and 44 than cancer, malaria, traffic sume. the goals of International Women’s accidents, and war; Day. Madam Speaker, I rise in strong sup- Whereas worldwide, at least 1 out of every port of this resolution, and I first want The Clerk read as follows: 3 women and girls has been beaten in her H. RES. 149 lifetime; to thank the gentlewoman from Illi- nois (Ms. SCHAKOWSKY) and the other Whereas there are over 3,000,000,000 women Whereas according to the Centers for Dis- in the world, representing 51 percent of the ease Control and Prevention, at least 1 out of cosponsors of this resolution for recog- world’s population; every 6 women and girls in the United States nizing International Women’s Day in Whereas women continue to play the has been sexually abused in her lifetime; honor of the contributions and achieve- prominent role in caring for families within Whereas worldwide, 130,000,000 girls and ments of women all over the world and the home as well as serving as economic young women have been subjected to female the importance of promoting and pro- earners; genital mutilation and it is estimated that tecting their rights. 10,000 girls are at risk of being subjected to Whereas women worldwide are partici- I want to pay special tribute today to pating in the world of diplomacy and poli- this practice in the United States; tics, contributing to the growth of econo- Whereas according to the Congressional my distinguished female colleagues on mies, and improving the quality of the lives Research Service and the Department of the Committee on Foreign Affairs, who of their families, communities, and nations; State, illegal trafficking in women and chil- are performing their important respon- Whereas women leaders have recently dren for forced labor, domestic servitude, or sibilities with distinction and honor. I made significant strides, including the 2007 sexual exploitation involves between 1,000,000 also want to recognize my distin- election of Congresswoman Nancy Pelosi as and 2,000,000 women and children each year, guished colleague, the gentlewoman the first female Speaker of the House of Rep- of whom 50,000 are transported into the United States; from Florida (Ms. ROS-LEHTINEN), who resentatives, the 2006 election of Michelle has achieved the distinction of becom- Bachelet as the first female President of Whereas between 75 and 80 percent of the Chile, the 2006 election of Ellen Johnson- world’s 27,000,000 refugees are women and ing the first woman to obtain the rank- Sirleaf as the first female President in Afri- children; ing position on this committee. ca’s history, and the 2005 election of Angela Whereas in times and places of conflict and Today, women all over the world are Merkel as the first female Chancellor of Ger- war, women and girls continue to be the becoming leaders in science, medicine, many, who will also serve as the second focus of extreme violence and intimidation the arts, politics, business, and even woman to chair a G8 summit beginning in and face tremendous obstacles to legal re- the military. course and justice; 2007; Despite this progress, women and Whereas women account for 80 percent of Whereas March 8 has become known as the world’s 70 million micro-borrowers, 75 International Women’s Day for the last cen- girls continue to represent the major- percent of the 28,000 United States loans sup- tury, and is a day on which people, often di- ity of the poor, the chronically hungry, porting small businesses in Afghanistan are vided by ethnicity, language, culture, and in- refugees, the HIV-infected, the sick, made to women, and 11 women are chief ex- come, come together to celebrate a common the uneducated and the undereducated, ecutive officers of Fortune 500 companies; struggle for women’s equality, justice, and the unemployed and disenfranchised Whereas in the United States, women are peace; and people. graduating from high school at higher rates Whereas the people of the United States should be encouraged to participate in Inter- Women are also subject to specific and are earning bachelors degrees or higher forms of physical and structural vio- degrees at greater rates than men, with 88 national Women’s Day: Now therefore, be it percent of women between the ages of 25 and Resolved, That the House of Representa- lence and discrimination because of 29 having obtained a high school diploma and tives— their gender. These include sexual vio- 31 percent of women between the ages of 25 (1) supports the goals of International lence in both conflict and nonconflict and 29 earning a bachelors degree or higher; Women’s Day; situations, sex trafficking, and domes- Whereas despite tremendous gains, women (2) recognizes and honors the women in the tic violence from their partners and still face political and economic obstacles, United States and in other countries who family members. struggle for basic rights, face the threat of have fought and continue to struggle for Cruel cultural practices targeted at discrimination, and are targets of violence equality in the face of adversity; women include denial of voting rights, all over the world; (3) reaffirms its commitment to ending dis- Whereas worldwide women remain vastly crimination and violence against women and freedom of movement, and property underrepresented in national and local as- girls, to ensuring the safety and welfare of rights. Women are also subjected to semblies, accounting on average for less than women and girls, and to pursuing policies genital mutilation, forced and early 10 percent of the seats in parliament, except that guarantee the basic human rights of marriages, humiliating and harmful

VerDate Aug 31 2005 04:33 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.021 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2179 widow practices, bride burnings and To the extent that International children who are not attending school honor killings. Women also continue to Women’s Day serves those purposes, it worldwide are girls, and girls are less experience an unequal remuneration deserves our recognition. likely to complete school than boys for work of equal value, discrimination I ask my colleagues to render their elsewhere around the world. in hiring and admission to educational full support to this important measure. Women are making progress in busi- institutions, and lack of flexibility for Madam Speaker, I reserve the bal- ness, and women make up 11 of the cur- special needs such as paid and extended ance of our time. rent CEOs of Fortune 500 companies. family leave. Ms. WATSON. Madam Speaker, I However, more progress still needs to It is not enough to simply declare the yield 5 minutes to the gentlewoman be made. While great strides have been equality of women, condemn their mis- from Illinois (Ms. SCHAKOWSKY), the made in business, women still earn treatment, and increase the number of author of the bill. less, own less and have less access to women in the workplace. We must, in Ms. SCHAKOWSKY. Madam Speaker, education and employment than men. all sectors of society, address the I thank the gentlewoman for yielding Globally, while women work two-thirds structural mechanisms which deny to me and for her great support for this of the world’s working hours and women and girls access to the same measure, and I also thank Representa- produce one-half of the world’s food, we rights and opportunities as boys and tive ROS-LEHTINEN for her help for a still earn only 1 percent of the world’s men. long time making this resolution pos- income and own less than 1 percent of the world’s property. Of the 300 million b 1300 sible today. I do rise in support of H. Res. 149, the people living in poverty, 70 percent are We must also attack and eliminate International Women’s Day resolution. girls and women. the criminal and cultural practices I want to also thank Representative Although Congress passed the PRO- which destroy the lives and freedom JUDY BIGGERT, who is the lead Repub- TECT Act, a good bipartisan bill to and the health of women. lican sponsor, for her consistent sup- prevent trafficking, there are still mil- Statistics prove that when women port and work to bring this resolution lions of women and girls who are traf- are better off in our society, their chil- to the House floor. We have introduced ficked, physically abused, sexually dren are happier, healthier and more this resolution honoring women three abused or face the threat of violence educated, and our world is better off. times, and it has been a pleasure work- every day. In Iraq, Darfur and Afghani- I will do everything in my power to ing with her over the years. stan, women and girls continue to be ensure that every piece of legislation Also, as the vice chair of the Wom- the targets of extreme violence, bru- we consider in the committee will im- en’s Caucus, I am honored to have this tality and intimidation where they prove the security, opportunity and resolution to be the first of our top five face overwhelming, if not insurmount- prosperity of women, and I know my priority agenda items to make it to the able, obstacles to legal recourse and colleagues will share this important House floor with such remarkable bi- justice. And in times of war and con- goal. partisan support under the leadership flict, although most women and chil- In honor of our wives, our mothers, of the chairwomen, LOIS CAPPS and dren are not engaged in that conflict, our daughters, our female colleagues CATHY MCMORRIS RODGERS. I appre- they continue to suffer the most. and our Speaker, and women around ciate their help. So, Madam Speaker, it is important the world, I am proud to support this Each year, countries around the that Congress recognize the impor- resolution, and I urge all my colleagues world mark March 8 as International tance of March 8 and participate with to do the same. the rest of the world in celebrating Madam Speaker, I reserve the bal- Women’s Day as a day to recognize the contributions and the impact that International Women’s Day. Hopefully, ance of my time. the passage of this critical resolution Ms. ROS-LEHTINEN. Madam Speak- women have made to our world’s his- tory, to recognize those women who will help raise awareness of the work er, I yield myself such time as I may we need to do and will help women con- consume. have worked for gender equality and to acknowledge the work that is yet to be tinue to overcome the overwhelming I thank Ambassador WATSON for her obstacles that are still left to be over- eloquent statements and as well as for done. Over the years, women have made come. her leadership in our Foreign Affairs We must make a commitment to in- significant strides. Women all over the Committee. vest in women. Women contribute to world and throughout history have Madam Speaker, I also rise in sup- the growth of economies and improve consistently contributed to their port of H. Res. 149, supporting the goals the quality of the lives of their fami- economies, participated in their gov- of International Women’s Day. Inter- lies, the health of their communities ernments and improved the quality of national Women’s Day has developed and their Nations. We have won many life of their families and their Nations. into a day of recognition and celebra- battles for equality and justice for In 2007, Congresswoman NANCY tion of the contributions and social ad- women worldwide, and we can do it. vancement of women. PELOSI became the first woman in the The passage of this resolution puts I want to thank the author of this history of the United States to be us, the United States House of Rep- resolution, Representative SCHAKOW- Speaker of the House. In 2006, I at- resentatives, firmly on the side of SKY of Illinois, for accepting the sug- tended the inauguration of Michelle women who are seeking gender equal- gested changes that we had to her base Bachelet, the first woman President of ity across the world, and I urge its pas- text prior to the introduction and com- Chile, and visited in Liberia its Presi- sage. mittee consideration. dent Ellen Johnson-Sirleaf, the first Ms. ROS-LEHTINEN. Madam Speak- These very modest clarifications em- woman President in Africa’s history. In er, I reserve the balance of my time. phasize that we are seeking to promote the 110th Congress, we have an all-time Ms. WATSON. Madam Speaker, I for women and girls the full and equal high of 74 women in Congress, a 35 per- yield 31⁄2 minutes to the gentlewoman enjoyment of those fundamental cent increase from just 8 years ago. from California (Mrs. CAPPS). human rights and civil liberties that However, women still make up only 16 Mrs. CAPPS. Madam Speaker, I are the birthright of all people, regard- percent of the House of Representa- thank my colleague for yielding, and it less of gender, race or creed, not some tives. is such a pleasure to rise in strong sup- separate of gender-based claims or a In the United States, we have made port of H. Res. 149 and to commend my problematic agenda related to abor- significant strides in education. In colleague from Illinois, JAN tion. fact, women now graduate from high SCHAKOWSKY, for bringing attention We must all advance the cause of school at higher rates and earn bach- through this resolution to Inter- human dignity by ending violence elor’s or higher degrees at greater rates national Women’s Day, and to thank against women and girls, by protecting than men. While that is true, yet two- my colleagues here in the House for their fundamental freedoms and civil thirds of the 876 million illiterate indi- their support of this resolution. liberties, and promoting their genuine viduals in the world are women. That As my friend from Illinois has point- welfare through robust educational and is, two-thirds of them are women. Two- ed out, with today’s passage of this res- economic opportunities. thirds of the 125 million school-aged olution, the Congressional Caucus for

VerDate Aug 31 2005 03:20 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.023 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2180 CONGRESSIONAL RECORD — HOUSE March 6, 2007 Women’s Issues is passing the first from the District of Columbia (Ms. recommit ourselves to ending discrimination item on its must-pass agenda list for NORTON). and violence against women across the globe. the 110th Congress. What a fitting way Ms. NORTON. Madam Speaker, I Since the first commemoration of Inter- that we begin this session and ac- thank my good friend from California national Women’s Day in 1910, women have knowledge the importance of Inter- for yielding to me and my good friend made significant advances. Women have been national Women’s Day and the signifi- as well from Illinois for coming for- elected to the highest levels of government cance of it in our country and around ward with this bill. across the world, and they serve as the lead- the world. To tell you the truth, I had often ers of nations such as Chile, Liberia, and Ger- As we look around this world and we looked at bills which celebrate groups many. An estimated 10.4 million businesses in look here at home, we see that women in two ways, because I noticed that the United States are owned by women. are reaching the highest levels of only insurgent groups have such days Worldwide, women receive eighty percent of power in many parts of the world and named for them or groups most in all micro-loans to start small businesses. In with our own country as well. They are need, and so they become days of cele- the United States, women are graduating from being elected and appointed into posi- bration. I have warmed to them only high school and college at record rates. tions previously reserved only for men. because I have recognized why such However, while these accomplishments are We see this in our communities, in groups have their own day, Inter- indeed significant, we still have far more work business positions and education and in national Women’s Day for example. to do. In the United States and across the civic life and we see it here in Con- It is because having such a day pro- world, women still face obstacles to political gress. As has been noted, we have for vides an opportunity for a call to ac- and economic equality. While women work the first time in our 200-year history as tion. I wish I could come to the floor to two-thirds of the world’s working hours, they a democracy we have a woman Speaker celebrate women internationally. It is earn only one percent of the world’s income. of the House. We have in this 110th hard for me to do that when I see the Of the 1.3 billion people living in poverty, 70 Congress the most women who have progress in the global economy and percent are women and children. Violence every served in this House. The Senate look at what has happened and is hap- against women continues at a horrific rate. can say the same this year. pening internationally to women who These are unacceptable statistics, and we At the same time, today, women re- are still chattel in most places in the must do everything we can to change them. main around the world and here in this world, who essentially would qualify as As we mark this year’s International Wom- country more likely to live in poverty, an oppressed group, not as a group en’s Day, we must renew and reaffirm our lack education, be victimized by vio- seeking equality. So I think we ought commitment to stopping violence against lence than ever before. It is my pleasure and privilege to to use International Women’s Day to women and putting an end to discriminatory serve on the House Democracy Assist- speak out for women who cannot speak practices so that all women have a real oppor- ance Commission. In that capacity, I for themselves. tunity to participate in society to the fullest. By recognizing International Women’s Day have visited several emerging democ- What is to me perhaps most tragic is racies and have met with parliamentar- that the experience that most women and all that it represents, we give hope to ians of other countries where these de- in this country welcome is one that women across the world. We honor the mocracies are emerging. In each case, women across the world, particularly women who have fought—and continue to it is the women Members who reach in developing countries, may dread, fight—for their rights, and I am proud to stand out to me on behalf of their sisters and that is the experience of preg- with them as we continue efforts to achieve throughout their country, and note nancy. Where pregnancy cannot be con- equality and justice. with dismay that they have so many trolled by a woman, it is not the ex- Again, I thank Congresswoman SCHAKOW- challenges to meet the needs of the traordinarily wonderful and welcome SKY for introducing this important bill. women that they serve. state that it is in our country. There Ms. EDDIE BERNICE JOHNSON of Texas. I was especially touched when I vis- will never be equality for women until Madam Speaker, I rise today to pay tribute to ited the women of Afghanistan in their women can control their own fertility. women by supporting the goals of Inter- national Women’s Day. As a woman, I recog- 1-year-old democracy who have strug- b 1315 gled over the years and are still strug- nize and honor all the women who have As long as women are subject to men, gling and are so determined, despite fought and struggled for the equality of as long as they have no control over the extreme oppression by the Taliban, women. their own fertility, then you will see determined to take their role in the Women from all parts of the world are di- women with as much HIV and AIDS as parliament. Both threats on their lives vided by ethnic, linguistic, cultural, economic and harassment and violence have men. Where saying ‘‘no’’ to a man isn’t and political differences. This day will allow for marred that passage. Determined to something you do as a woman, but the differences to be overshadowed by the make a better life for themselves and something you can’t do as a woman, similarities. This day will enable them to look their children. you are not equal. back to a tradition that represents decades of Let me call out a similar kind of sit- So today I call attention to the world struggle for equality, justice, peace, and devel- uation, a grassroots networking that I that our country has done very little to opment. have seen and we have all experienced help women across the world control International Women’s Day recognizes the around this world today, networking to their fertility and understand what importance of securing peace and allowing so- provide microloans from woman to equality means. We would not have cial progress by identifying the rights of woman, as is one of the nonprofit orga- women marching for equality and to- women to equal opportunity and freedom. nizations called, giving women the op- ward equality today if each and every Women are being given the opportunity to par- portunity to become self-sufficient for woman who chose was not able to con- ticipate in the workforce and contribute to themselves and their families. They trol her fertility. May we help obtain international peace and security; this is an ex- look to us as role models and as lead- the same for our good sisters around traordinary advancement. ers, and yet we have our own chal- the world. As Members of Congress, we need to reaf- lenges here. Mr. HOYER. Madam Speaker, I am proud firm the commitment of ending discrimination So as we become that role model for today to join Congresswoman JAN SCHAKOW- and violence against women and girls. We so many democracies around the world SKY—who continues to do a great job as a must continue to encourage the President to in so many emerging democracies, as Chief Deputy Whip—in recognizing the impor- affirm his commitment to pursue policies to we see that we have challenges facing tance of International Women’s Day on March protect human rights and civil liberties. our women in this country, let us cele- 8. Madam Speaker, the key fact remains: brate then International Women’s Day Almost 100 years ago, a group of coura- women themselves have the right to live in this Thursday making a firmer com- geous women proposed creating an Inter- dignity. Let us rededicate ourselves to making mitment to improving the lives of national Women’s Day to honor the women’s that a reality by honoring International Wom- women here in the United States and rights movement and to continue the fight for en’s Day. I urge my colleagues to vote in sup- throughout this world. universal suffrage. This day has since ex- port of International Women’s Day. Ms. WATSON. Madam Speaker, I panded in scope to serve as an opportunity to Mrs. BIGGERT. Madam Speaker, I rise yield 3 minutes to the gentlewoman celebrate the accomplishments of women, and today to support the goals of International

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Women’s Day. This is a day that not only rec- Congresswoman STEPHANIE TUBBS-JONES bers, neighbors, men and women, intervene to ognizes the struggles women and girls have from Ohio is chairing the House Committee on ensure these crimes and acts are not com- faced and continue to face throughout the Standards of Official Conduct; mitted with impunity. world, but also celebrates their significant ad- Senator DIANNE FEINSTEIN from California is I will do everything in my power as chair- vancements and achievements. chairing the Senate Committee on Rules and man to ensure that every piece of legislation Founded in the United States in the early Administration; and we consider in this Committee will improve the 1900’s, International Women’s Day has grown Senator BARBARA BOXER from California is security, opportunity and prosperity of women to be recognized throughout the world each chairing the Senate Committee on the Envi- and I know my colleagues will share this im- year on March 8th: from Australia, to Singa- ronment and Public Works and is currently portant goal. pore, to Afghanistan, to Chile. This year alone, Acting Chair for the Senate Select Committee I want to thank my colleague Congress- there are 269 International Women’s Day on Ethics. woman JAN SCHAKOWSKY and the other co- events scheduled around the globe, with 44 These women all honor our Nation with their sponsors of this resolution for giving us this occurring in the United States. distinguished service and leadership. opportunity to recognize the importance of Since the inception of International Wom- I also want to pay special tribute to my dis- International Women’s Day. I am proud to en’s Day, women have made considerable tinguished colleague Congresswoman ROS- support this resolution and I urge all my col- progress throughout the world. A vast majority LEHTINEN who has achieved the distinction of leagues to do the same. of women now have the right to vote. There becoming the first woman Ranking Member on Ms. LORETTA SANCHEZ of California. currently are eleven women heads of state this committee. We all benefit from her con- Madam Speaker, I rise today as a cosponsor and 27 women presiding over national assem- tributions and those of all of the women Mem- of House Resolution 149, in support of Inter- blies across the globe—including NANCY bers who are performing important responsibil- national Women’s Day. I thank my colleague, PELOSI, the first female Speaker of the U.S. ities on the Committee of Foreign Affairs with Congresswoman SCHAKOWSKY of Illinois, for House. honor and distinction. introducing this important resolution. Some of women’s most notable legislative Despite notable political progress for women Women in every country around the world successes here at home include: securing the in leadership positions in the U.S. and around face an every-day battle for their safety, and right to vote in 1920; passage of the Equal the world, women continue to struggle for for equal rights, civil rights, and human rights. Pay Act in 1963; Title IX in 1972; and the Vio- equal social and political rights; access to Even here in this country, every day, lence Against Women Act in 1994. health care, education and work; and freedom women are victims of sexual assault, abuse, Despite these significant achievements, from civil conflict, violence, human trafficking and domestic violence. women in the United States and throughout and various cultural practices that put wom- Today, I stand with my colleagues in the the world still face obstacles to full equality. en’s lives at risk. House—with women in this country, and with Women and girls are more likely to be illit- The theme for this year’s International women around the world—to make a commit- erate, impoverished and a victim of domestic Women’s Day captures a critical goal we all ment to work together to end discrimination violence. Additionally, the U.S. Department of must share: ‘‘ending impunity for violence and violence against women. State estimates that every year, 800,000 to against women and girls.’’ Yesterday, I returned from a trip where I led 900,000 people are victims of trafficking— While manifestations of violence against a Congressional delegation of female mem- most of them are women and girls. women and girls vary across social, economic, bers to visit Iraq. While. we were there, we I stand here today—in solidarity with women cultural and historical contexts, it is clear that met with Iraqi women who told us that they and girls around the globe—to bring attention violence against women and girls remains a are treated like second class citizens. to International Women’s Day. It is important devastating reality in all parts of the world. This is unacceptable. Women in Iraq de- to recognize and celebrate the obstacles The global evidence is chilling. Violence serve the same basic human rights and civil women have surmounted on the road to against women is a pervasive violation of liberties as men. It is fitting that we should equality. Additionally, I hope to bring attention human rights and a major impediment to take this occasion, on the day before March to the inequalities that we still face, so that we achieving gender equality, development and 8th—International Women’s Day—to restate can continue to break down gender barriers in peace. this basic and essential message. the hope that we can one day eradicate gen- According to the United Nations: I urge my colleagues to unanimously sup- der inequality. Domestic violence is the largest form of port this resolution, a message to women ev- Mr. LANTOS. Madam Speaker, I rise in sup- abuse of women worldwide, irrespective of erywhere—that this House is committed to port of H. Res, 149, a resolution supporting region, culture, ethnicity, education, class fight for their civil rights, human rights, and and religion. Violence against women is the their right to live each day without fear of sex- International Women’s Day on March 8, 2007. most common but least punished crime in For several decades the international commu- the world. ual abuse, assault, and domestic violence. nity has reserved this day to celebrate the The number of women forced or sold into Ms. JACKSON-LEE of Texas. Madam achievements and contributions of women prostitution is estimated worldwide at any- Speaker, I rise in strong support of H. Res. around the world. International Women’s Day where between 700,000 and 4 million per year. 149, which supports the goals of International is also a time to recognize and remember the Profits from sex slavery are estimated at $7 Women’s Day (IWD). International Women’s work we still have before us to achieve equal to $l2 billion per year. The number of women Day is a day on which millions around the social and political rights for women. trafficked into forced labor put these num- world come together to commemorate their bers at even more astounding levels. Today, women all over the world are be- It is estimated that more than two million continued struggle for equality, justice, peace, coming leaders in every professional field girls are genitally mutilated per year. and development for all women around the imaginable. The achievements of women in Systematic rape continues to be used as a world. politics are especially noteworthy. As we cele- weapon of terror in many of the world’s re- International Women’s Day has grown to brate Women’s History Month in the United cent conflicts—including Darfur, Bosnia and become a global day of recognition and cele- States, it is my honor to recognize this impor- Rwanda. bration across developed and developing tant Day under the historic leadership of the While international, regional and national countries alike. For decades, IWD has grown first woman Speaker of the House, my fellow legal and policy frameworks have been estab- from strength to strength annually. For many Californian, NANCY PELOSI. lished, to address violence against women years the United Nations has held an annual The 110th Congress also marks the rise of and girls, implementation of these laws and IWD conference to coordinate international ef- six women to seven committee chair positions, norms remains insufficient and inconsistent forts for women’s rights and participation in the most ever held by women in any prior around the world. Gender inequality, poverty social, political and economic processes. Congress: and endless cycles of violence are exacer- Madam Speaker, 1975 was designated as Congresswoman JUANITA MILLENDER- bated as a result of failures to hold perpetra- ‘International Women’s Year’ by the United MCDONALD from California is chairing the tors of violence against women and girls ac- Nations. Women’s organizations and govern- House Committee on Administration; countable for their actions. ments around the world have also observed Congresswoman LOUISE SLAUGHTER from Eliminating violence against women remains IWD annually on March 8 by holding large- New York is chairing the House Rules Com- one of the most serious and urgent challenges scale events that honor women’s advance- mittee; of our time. Each one of us has a duty to sup- ment and while diligently reminding of the con- Congresswoman NYDIA VELA´ZQUEZ from port and sustain a political and social environ- tinued vigilance and action required to ensure New York is chairing the House Committee on ment where violence against women and girls that women’s equality is gained and main- Small Business; is not tolerated; where friends, family mem- tained in all aspects of life.

VerDate Aug 31 2005 03:20 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\A06MR7.012 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2182 CONGRESSIONAL RECORD — HOUSE March 6, 2007 There are over 3,000,000,000 women in the obtained a high school diploma and 31 per- the world’s 27,000,000 refugees are women world, representing 51 percent of the world’s cent of women between the ages of 25 and 29 and children. population; we need to celebrate and empha- earning a bachelors degree or higher. In times and places of conflict and war, size the important roles that women play But in spite of tremendous gains, women women and girls continue to be the focus of around the world. still face political and economic obstacles, extreme violence and intimidation and face Throughout history women have faithfully struggle for basic rights, face the threat of dis- tremendous obstacles to legal recourse and and fervently forged a strong fight to tear crimination, and are targets of violence all justice. down the walls of discrimination, bridge the over the world. Madam Speaker, March 8 has become gap between the haves and have-nots, and Worldwide women remain vastly underrep- known as International Women’s Day for the lay the foundation of a towering edifice of resented in national and local assemblies, ac- last century, and is a day on which people, equality and justice. Some of these strong sol- counting on average for less than 10 percent often divided by ethnicity, language, culture, diers for justice include Harriet Tubman, So- of the seats in parliament, except for in East and income, come together to celebrate a journer Truth, and Rosa Parks. I am extremely Asia where the figure is approximately 18 to common struggle for women’s equality, justice, proud of the recent passage of H.R. 4510, a 19 percent. In no developing region do women and peace. For these reasons, the people of bill on which Senator HILLARY CLINTON and I hold more than 8 percent of the ministerial po- the United States have reason and should be worked diligently together to pay tribute to the sitions. eager to participate in International Women’s enormous contributions Sojourner Truth made Women work two-thirds of the world’s work- Day. in the interests of all women. H.R. 4510 di- ing hours and produce half of the world’s food, I strongly support H. Res. 149. rects the Joint Committee on the Library to ac- yet earn only 1 percent of the world’s income Ms. WATSON. Madam Speaker, I cept the donation of a bust depicting So- and own less than 1 percent of the world’s yield back the balance of my time. journer Truth and to display the bust in a suit- property. Ms. ROS-LEHTINEN. Madam Speak- able location in the Capitol. On behalf of In the United States between 1995 and er, I yield back the balance of our time. women in this country, and all around the 2000, female managers earned less than their Thank you, Ambassador Watson, and world, it was important to urge the recognition male counterparts in the 10 industries that em- thank you to the gentlewoman from Il- and honor of abolitionist Sojourner Truth with ploy the vast majority of all female employees. linois for introducing this bill. The SPEAKER pro tempore. The the addition of her likeness to the statue com- Of the 1,300,000,000 people living in poverty question is on the motion offered by memorating women’s suffrage in the United around the world, 70 percent are women and the gentlewoman from California (Ms. States Capitol. children. Women continue to play the prominent role Madam Speaker, we need to continue to WATSON) that the House suspend the in caring for families within the home as well support programs that ensure women and girls rules and agree to the resolution, H. as serving as economic earners. Women are across the globe are empowered with an edu- Res. 149. cation so that they reach their performance The question was taken. defined by their versatility. Women not only The SPEAKER pro tempore. In the potentials and therefore function as productive cook, clean, and care for their children, but opinion of the Chair, two-thirds being citizens of the world. they also own and operate businesses, teach in the affirmative, the ayes have it. According to the United States Agency for our schoolchildren, drive buses, create art, Ms. WATSON. Madam Speaker, on International Development, two-thirds of the practice medicine and law, and legislate, as that I demand the yeas and nays. well as perform in many other capacities. 876,000,000 illiterate individuals worldwide are The yeas and nays were ordered. All over the world women play important women, two-thirds of the 125,000,000 school- The SPEAKER pro tempore. Pursu- roles in the world of diplomacy and politics, aged children who are not attending school ant to clause 8 of rule XX and the contribute to the growth of economies, and im- worldwide are girls, and girls are less likely to Chair’s prior announcement, further prove the quality of the lives of their families, complete school than boys. proceedings on this question will be communities, and nations. Women are particularly vulnerable to health postponed. Madam Speaker, we recently celebrated the problems and we must continue to fight to en- f 2007 election of Congresswoman NANCY sure that every woman around the world has PELOSI as the first female Speaker of the access to adequate health care and health in- LYNDON BAINES JOHNSON DE- House, a significant stride in the cause of pro- surance. PARTMENT OF EDUCATION moting the advancement of women as leaders Worldwide women account for half of all BUILDING and major players in politics. We also wit- cases of HIV/AIDS, approximately 42,000,000 Ms. NORTON. Madam Speaker, I nessed the recent passage of H.R. 4510, a bill cases, and in countries with a high prevalence move to suspend the rules and pass the I proudly introduced which directed the Joint of HIV/AIDS, young women are at a higher bill (H.R. 584) to designate the head- Committee on the Library to accept the dona- risk than young men of contracting HIV. Glob- quarters building of the Department of tion of a bust depicting Sojourner Truth and to ally, each year over 500,000 women die dur- Education in Washington, DC, as the display the bust in a suitable location in the ing childbirth and pregnancy. Lyndon Baines Johnson Federal Build- Capitol. On behalf of women in this country, We must also provide adequate protection ing, as amended. and all around the world, it was important to and support systems that empower women to The Clerk read as follows: urge the recognition and honor of abolitionist avoid or discontinue the victimization of abu- H.R. 584 Sojourner Truth with the addition of her like- sive relationships. Domestic violence causes Be it enacted by the Senate and House of Rep- ness to the statue commemorating women’s more deaths and disability among women be- resentatives of the United States of America in suffrage in the United States Capitol. We also tween ages 15 and 44 than cancer, malaria, Congress assembled, witnessed the 2006 election of Michelle traffic accidents, and war. Worldwide, at least SECTION 1. DESIGNATION. Bachelet as the first female President of Chile; 1 out of every 3 women and girls has been The Federal building located at 400 Mary- the 2006 election of Ellen Johnson-Sirleaf as beaten in her lifetime. land Avenue Southwest in the District of Co- the first female President in Africa’s history; According to the Centers for Disease Con- lumbia shall be known and designated as the and the 2005 election of Angela Merkel as the trol and Prevention, at least 1 out of every 6 ‘‘Lyndon Baines Johnson Department of Education Building’’. first female Chancellor of Germany, who will women and girls in the United States has SEC. 2. REFERENCES. also serve as the second woman to chair a been sexually abused in her lifetime. Any reference in law, map, regulation, doc- G8 summit beginning in 2007. Worldwide, 130,000,000 girls and young ument, paper, or other record of the United Women account for 80 percent of the women have been subjected to female genital States to the Federal building referred to in world’s 70 million micro-borrowers and 75 per- mutilation and it is estimated that 10,000 girls section 1 shall be deemed to be a reference to cent of the 28,000 United States loans sup- are at risk of being subjected to this practice the ‘‘Lyndon Baines Johnson Department of porting small businesses in Afghanistan are in the United States. According to the Con- Education Building’’. made to women, and 11 women are chief ex- gressional Research Service and the Depart- The SPEAKER pro tempore. Pursu- ecutive officers of Fortune 500 companies. ment of State, illegal trafficking in women and ant to the rule, the gentlewoman from In the United States, women are graduating children for forced labor, domestic servitude, the District of Columbia (Ms. NORTON) from high school at higher rates and are earn- or sexual exploitation involves between 1 mil- and the gentleman from Missouri (Mr. ing bachelors degrees or higher degrees at lion and 2 million women and children each GRAVES) each will control 20 minutes. greater rates than men, with 88 percent of year, of whom 50,000 are transported into the The Chair recognizes the gentle- women between the ages of 25 and 29 having United States. Between 75 and 80 percent of woman from the District of Columbia.

VerDate Aug 31 2005 04:33 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.038 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2183 GENERAL LEAVE signed many landmark education bills Mr. GRAVES. Madam Speaker, I Ms. NORTON. Madam Speaker, I ask into law. yield myself such time as I may con- unanimous consent that all Members In 1963, President Johnson approved sume. may have 5 legislative days within the Higher Education Facilities Act, Madam Speaker, H.R. 584 designates which to revise and extend their re- which authorized a 5-year program of the Department of Education Building marks and to include extraneous mate- Federal grants and loans for construc- as the Lyndon Baines Johnson Depart- rial on H.R. 584. tion for improvement of public and pri- ment of Education Building. Lyndon The SPEAKER pro tempore. Is there vate higher education facilities in 1964. Baines Johnson was born in Stonewall, objection to the request of the gentle- President Johnson signed the Library Texas, on August 27, 1908, and his con- woman from the District of Columbia? Services Act in order to make high- nection to education began very early There was no objection. quality public libraries more accessible in life when at the age of 4 his mother Ms. NORTON. Madam Speaker, I to both urban and rural residents. persuaded the teacher at the nearby yield myself such time as I may con- Later that year, President Johnson one-room junction school to take him sume. signed the Civil Rights Act, which, as a student. I commend Congressman GENE GREEN among its provisions, authorized the Lyndon Baines Johnson enrolled in of Texas for his steadfast advocacy to Federal authorities to sue for the seg- the Southwest Texas State Teachers this bill. In the 109th Congress, he in- regation of schools and to withhold College in 1927. He graduated in 1930 troduced H.R. 4252, a bill to designate Federal funds from education institu- and embarked on a teaching career the Department of Education head- tions that practiced segregation, if I that would eventually lead him to the quarters building. Lyndon Baines may say so. The bill also authorized White House. As was pointed out by the Johnson, ‘‘the teacher who became title VII of the 1964 Civil Rights Act, gentlelady, in 1937 he was elected to President,’’ was one of the leading po- the equal employment part of the act the U.S. House of Representatives in a litical figures of the 20th century, I it was my great privilege to enforce as special election. think, on both sides of the aisle, it Chair of the EEOC. He was subsequently re-elected to the would be agreed. In 1965, President Johnson signed the House in each succeeding Congress He served the country in ways too Elementary and Secondary Act. This until 1948 when he was elected to the numerous to mention, including lieu- was the first general aid-to-education United States Senate. In 1961, he re- tenant commander in the U.S. Navy program ever adopted, and it provided signed from the Senate to become the during World War II. programs to help educate disadvan- 37th Vice President; and on November A Member of both Houses of Con- taged children in urban and rural 22, 1963, a day we all remember, Lyndon gress, Vice President of the United areas. Baines Johnson became the 36th Presi- States and, of course, the 36th Presi- Later that year, he also signed the dent of the United States. dent of the United States, we are all Higher Education Act, which was the This teacher who would become aware of President Johnson’s humble first U.S. congressional approval for President pursued numerous education scholarships to undergraduate stu- beginnings in Stonewall, Texas. In 1927, initiatives, as was pointed out. He dents. signed into law education legislation he enrolled in Southwest Texas State In 1965 as well, President Johnson such as the Higher Education Facilities Teachers College at San Marcos, Texas, launched Project Head Start as an 8- Act, the Library Services Act, the Ele- now the Texas State University at San week summer program to help break mentary and Secondary Education Act, Marcos. the cycle of poverty by providing pre- and the Higher Education Act, just to He graduated with a bachelor of school children of low-income families name a few. science degree in August 1930. After with a comprehensive program to meet After leaving office, President John- graduation, he taught at Pearsall High their emotional, social, health, nutri- son continued to have an impact on School in Pearsall, Texas, and taught tional, and psychological needs. education, as he taught students while public speaking at Sam Houston High In 1966, President Johnson signed the he was writing his memoirs, and subse- School in Houston, Texas. In a special International Education Act, which quently passed away on January 22, election in 1937, President Johnson won promoted international studies at 1973. the U.S. House of Representatives seat United States colleges and universities. Madam Speaker, I reserve the bal- representing the 10th Congressional In 1968, he signed the Elementary and ance of my time. District of Texas, defeating nine other Secondary Education Act amendments Ms. NORTON. Madam Speaker, I am candidates. In the next election he was of 1967, establishing bilingual edu- pleased to recognize the gentleman elected to a full term in the 76th Con- cation programs for non-English speak- from South Carolina for such time as gress and to each succeeding Congress ing children and providing more funds he may consume. until 1948. for special education for handicapped Mr. CLYBURN. Madam Speaker, as a After the bombing of Pearl Harbor, education. former public school teacher who start- on December 7, 1941, President Johnson Later that year, he also signed the ed his educational pursuits as a 4-year- became the first Member of Congress to Handicapped Children’s Early Edu- old in his mother’s kindergarten, I volunteer for active duty in the Armed cation Assistance Act, which author- proudly rise in support of H.R. 584, leg- Forces, enlisting in the U.S. Navy, re- ized experimental programs for handi- islation to designate the headquarters porting for active duty on December 9, capped children of preschool age. After building of the Department of Edu- 1941. leaving office, President Johnson con- cation here in Washington as the Lyn- President Johnson received the Sil- tinued his involvement in education don Baines Johnson Federal Building. ver Star for gallantry from General and taught students while he wrote his Madam Speaker, most people remem- Douglas MacArthur. memoirs and pursued other academic ber President Johnson for his poise and In 1948, he campaigned for and was endeavors. President Johnson died Jan- confidence as he assumed the Presi- elected to the U.S. Senate. He was uary 22, 1973. dency during a turbulent and mournful elected minority leader of the Senate Lyndon Baines Johnson will be re- time for our Nation. He is also remem- in 1953 and majority leader in 1955, membered not only as a great Presi- bered for his leadership and vision with where he served until January 1961, dent and Member of the House and of the passage of the Civil Rights Act of when he resigned to become Vice Presi- the Senate, but also as a champion of 1964 and the Voting Rights Act of 1965. dent of the United States. education. Thus, the Department of It was his support in the White House Lyndon Johnson became the 36th Education, located at 400 Maryland Av- for a movement that I and my brothers President of the United States on No- enue, Southwest, Washington, D.C., and sisters were fighting for on buses vember 22, 1963, after the tragic assas- most appropriately should bear the and at lunch counters throughout the sination of President John F. Kennedy. name of and be designated as the Lyn- South and helped bring here today. During his administration, education don Baines Johnson Department of But I give special thanks to his work was one of the many areas where John- Education Building. in an area that is dear to my heart, son blazed new ground. He pursued nu- Madam Speaker, I reserve the bal- education. President Johnson recog- merous education initiatives and ance of my time. nized the power of education to

VerDate Aug 31 2005 03:20 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.029 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2184 CONGRESSIONAL RECORD — HOUSE March 6, 2007 strengthen the Nation and help bring he would literally search out the voters said, ‘‘From now on, son, if you need to people out of poverty. He made his of his congressional district one by make gravy, ask your mother to do it name as the first education President one, whether they were in the fields or ask me to do it, but nobody can eat by signing into law over 60 education plowing or in the stores working or at what you are trying to make.’’ So bills during his Presidency, most nota- church socials or wherever. He went thanks to President Johnson, I never bly the Economic Opportunity Act of where the people were to spread his had to learn to cook, because that was 1964, the Elementary and Secondary message. one of the few times I even attempted Education Act of 1965, and the Higher And I took that to heart, and numer- it. Education Act of 1965. ous times traveled hundreds of miles to So I rise in strong support of this He was the first President to recog- meet with small groups and in a few piece of legislation. President Johnson nize the need for strong Federal invest- cases one or two people just so I could was a great President, he was a great ment in education, backing programs have an option. On one occasion, I went American, and he was obviously a that funded not only elementary and and met with a gentleman at 6 a.m. be- great Texan. And there are still people secondary education, but higher edu- cause he didn’t think I would show up in Washington today that are effective cation with the Federal student loan at 6 a.m., and so he said meet him at 6 in the political arena. People that program for college and graduate a.m. when he opened his business. And come to mind that are still active in school students. He gave us the Head I was there at 5:45. On another occa- Washington, Jack Valenti who was for Start Program, which since its incep- sion, a banker in Houston couldn’t see many years the president of the Motion tion has helped millions of disadvan- me. I waited in his waiting room from Picture Association of America who taged children get off on the right foot 4 o’clock in the afternoon until 8:30 came to Washington with President by providing health, nutritional and that evening, and finally, in exaspera- Johnson, and an attorney named Harry educational assistance, recognizing tion, he agreed to see me and, before I McPherson who is still active in his that an investment in our children at left, had given me a substantial con- practice, he, too, was involved with the an early age pays off in the long run. tribution and agreed to let me use his President. Some of the former mem- His domestic vision for this country name on my steering committee. Those bers of this body, the late Jake Pickle, was revolutionary in the areas of civil were both things that I got from the the late Jack Brooks, were LBJ pro- rights and the fighting of poverty. We way President Johnson ran his cam- teges. And then former Governor of Texas, John Connelly, a good friend of still see the benefits of his vision for a paign. mine who helped me politically when I Great Society today. That is why I am In terms of his policies, the two bills was getting started, is another protege proud to join my colleagues in passing that he supported that became law that had the greatest impact on my life of Lyndon Johnson. this legislation to designate the De- So I am proud to be a cosponsor of partment of Education, the first Fed- were the creation of the White House Fellows program in 1965. I was a White the bill with Congressman GREEN. I eral building in Washington to bear his think it is right to honor President name. I thank the gentlelady for yield- House Fellow in 1981 and 1982. That is a program that President Johnson estab- Johnson with this building. He wanted ing me this time, and I thank her for to be known as the ‘‘educational presi- her leadership. lished to bring young Americans to Washington for a year to work in the dent’’ and did many, many things to b 1330 Cabinet agencies, and then either go bring forth public education for our Mr. GRAVES. Madam Speaker, I back to their areas or to stay in Wash- citizens. Ms. NORTON. Madam Speaker, I wish to yield 6 minutes to the ranking ington. And so far, there have been yield to the gentleman from Texas, Mr. member of the House Energy and Com- about, I believe, 700 young Americans GREEN, the author of the bill, such merce Committee, the gentleman from have gone through that program. Tex- time as he may require. Texas (Mr. BARTON). ans like Henry Cisneros come to mind, Mr. GENE GREEN of Texas. Madam Mr. BARTON of Texas. I want to a former White House Fellow. Colin Speaker, as author and sponsor of the thank Congressman GRAVES for his Powell is a former White House Fellow, bill, I rise in strong support of H.R. 584. gracious allocation of time. Senator SAM BROWNBACK in the other I would like to thank both Chairman I rise in strong support for H.R. 584, body is a former White House Fellow. OBERSTAR and Chairwoman NORTON a bill to name the Department of Edu- But it had a tremendous impact on my and Ranking Member MICA and Rank- cation headquarters in Washington, life and led me for the first time to ing Member GRAVES for moving this D.C., as the Lyndon Baines Johnson think about trying to become a Mem- legislation out of committee, and I like Federal Building. I am proud to be the ber of this body. to thank Majority Leader HOYER for primary Republican sponsor of this leg- Another program that President bringing it to the floor. islation, and I believe that all the Re- Johnson established was the Head A bipartisan group of Texas delega- publicans in the Texas delegation have Start program. And in the summer I tion members introduced this bill to also cosponsored this particular piece believe of 1964 or 1965, when that pro- name the Department of Education of legislation. gram was established in Waco, Texas, headquarters building in Washington, I commend Mr. GREEN of Texas for my mother became a Head Start assist- D.C. the Lyndon Baines Johnson Fed- being the primary sponsor of the over- ant at Brooke Avenue Elementary eral Building. We now have over 50 co- all bill and his tireless work on this. He School in Waco, Texas, at a time when sponsors from around the country, and has worked on it for a number of years my family was in need of financial in- I am proud to be joined on this legisla- now, and it is good to see that it has fi- come, and so she decided to work part tion by the ranking member of the En- nally come to fruition. time outside the home and went to ergy and Commerce Committee, JOE I never had the privilege to meet the work at a Head Start program; and, be- BARTON, who just spoke, Congressman late President Lyndon Baines Johnson. cause of that, became a school sec- MIKE MCCAUL, and also our dean of the I wish I had. I am a great admirer of retary and spent her career in edu- Texas delegation, Congressman SOL- his in many ways, not so much some of cation. The impact on me that summer OMON ORTIZ. Representative MCCAUL the policies that he pursued, but I am was, I was the oldest child, and it actually represents the Johnson family a great admirer of the enthusiasm and forced me to learn to cook, learn to in Congress. Their bipartisan efforts the tenacity with which he pursued clean and learn to take care of my have helped move this bill to the floor, those policies. three younger brothers and sisters. and I think they should be congratu- In my first campaign for Congress in I will never forget the day that my lated for the efforts. 1984, I read the first Caro book, ‘‘Path father showed up for lunch and I had I would say one thing, though. to Power,’’ the first installment of been trying to make gravy. To this Former Congressman Jack Brooks is that, and required all my campaign day, that gravy is still in the pan be- not deceased. He is still much alive, staff to read that book; because Presi- cause it would not come out of the pan and Congressman BARTON, I suspect dent Johnson, when he ran for Congress when you turned it upside down. That you will be getting a call very shortly in the 1930s in the middle of the De- was my one and only attempt to learn from Jack Brooks, as we all know, pression, he made it a motto of his that how to make gravy. And my father former dean of the Texas delegation.

VerDate Aug 31 2005 04:33 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.030 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2185 I did have the opportunity at a very ‘‘I proposed to act on my belief that, left a positive mark on me, my family, young age to meet President Johnson. regardless of a family’s financial condi- the State of Texas, and this country. In January 1973, I was a young State tion, education should be available to Born on August 27, 1908, in Stonewall, Representative in Austin, Texas, my every child in the United States, as Texas, Lyndon Johnson’s family knew first term. President Johnson came to much education as he or she could ab- that he was destined to do great things. our swearing in my first term in 1973, sorb. I had no intention of walking The future President got his experience and I actually got a very candid photo away from this fight.’’ in Washington first as a secretary to with him that I hang proudly in our of- President Johnson succeeded in his Congressman Richard Kleburg. Shortly fice here in Washington. He passed fight to improve education for all after that, Johnson met Claudia Alta away a week later, and I was honored Americans. He signed into law 60 edu- Taylor, a woman the world has come to to be able to go to his funeral and his cation bills, including the Economic affectionately know as Lady Bird. burial there at the Johnson Ranch. Opportunity Act of 1964, which estab- In 1937, after the death of Congress- President Johnson was a proud lished the Head Start program, the Ele- man James Buchanan, Lyndon Johnson Texan, and back in those days, many of mentary and Secondary Education Act entered a special election for the 10th my Republican friends were Democrats of 1965, the Higher Education Act of Congressional District of Texas, a dis- as well. President Johnson pioneered 1965. trict which I am proud to represent issues such as civil rights and voting The Elementary and Secondary Edu- today. Representative Johnson beat rights, but his educational leadership cation Act was the first real Federal nine other candidates to win the seat, stands out even among these accom- assistance to grade school education, an experience that I can personally re- plishments. President Johnson passed and it is widely supported today. The late to. away over 30 years ago, and to this day, President actually signed that in a In addition to his tour of duty during he has no Federal buildings in his name one-room schoolhouse in Stonewall, World War II, LBJ would spend the in the Capitol area. So we believe the Texas, with his elementary school next 23 years in the Congress as both a Education Building is a fitting honor. teacher. Congressman and Senator. During his Presidents Reagan and Bush have been In large part, President Johnson’s career in the Congress, Johnson would honored with the International Trade education priorities are accepted by serve as Senate minority and Senate Center for President Reagan and the both political parties, as some of them majority leader. As President Ken- Central Intelligence Agency building were then. The Higher Education Act nedy’s Vice President, Johnson served for President Bush reflecting their pri- passed by 368–22 in the House and 79–3 as the chairman of NASA and the Pres- orities and contributions. in the Senate, strong bipartisanship idential Space Committee. Lyndon Johnson early on earned a President Johnson presided during votes. reputation for getting things done for turbulent times in our Nation’s his- In discussing President Johnson’s the betterment of our Nation, and he tory. He ascended to the presidency education legacy, we have to recognize used that intensity to lead America to after the Kennedy assassination and First Lady, Lady Bird Johnson, who land a man on the moon and continue faced a difficult conflict in Southeast was also a major contributor and America’s dominance in space. Asia. President Johnson was a very strong advocate for his educational ini- human figure, but his legacy is with us tiatives. During her White House years, b 1345 in many ways today. Ms. Johnson served as honorary chair Lyndon Johnson’s first priority in But it was Lyndon Johnson’s steady of the National Head Start program, life was education. He was the first and calming leadership after the assas- the program for underprivileged school ‘‘Education President.’’ Before John- sination of President Kennedy which children which prepares them to take son, educational opportunity in Amer- helped to lead our Nation through one ica was not a national priority, as it their places in the classroom on par of its most turbulent and tragic hours. continues to be today for both our par- with their peers. Taking the experience he had gained In part for her education efforts, ties, including current President from his younger days as a teacher, President Ford presented her with the George W. Bush. President Johnson focused on working In 1927, Lyndon Baines Johnson’s ca- country’s highest civilian award, the with the Congress and passing several reer and education began when he went Medal of Freedom. Mrs. Johnson landmark education bills. These initia- to Southwest Texas State Teachers turned 94 last December, and hopefully tives served as a foundation for a new College in San Marcos, Texas. He she is listening to this debate. standard of education in America. earned money as a janitor and taught Mrs. Johnson also received the Con- Among them were programs such as the fifth, sixth, and seventh grades at gressional Gold Medal from President Head Start, the first Federal aid to the Mexican-American School in the Reagan in 1988. This legislation is a fit- public schools and the first Federal South Texas town of Cotulla. He ting honor for both President Lyndon student loan programs. taught later at Sam Houston High Baines Johnson and also First Lady, President Johnson recorded in his School, which is part of our congres- Lady Bird Johnson. memoirs, he said, ‘‘I remember seeing sional district. Mr. GRAVES. Madam Speaker, I in the folder of reading material I took As a Jeff Davis High School student, yield 7 minutes to another gentleman to my bedroom one night, the account which Madam Speaker, you actually from Texas (Mr. MCCAUL). of a 62-year old man who learned how visited a few years ago, in 1965 and 1966, Mr. MCCAUL of Texas. I want to to write his name after years of mak- I saw the impact of the first Federal thank my colleague from Texas, Mr. ing an X for his signature. He was so dollars that came to my high school GREEN, for introducing this bill. It has excited that he sat for a whole hour firsthand. been a real honor to work with you on just writing his name over and over In his memoirs, President Johnson this bill. I am proud to be a lead spon- again.’’ declared, ‘‘There is an old saying that sor and to have played a role in terms Johnson said, ‘‘Reading about this kids is where the money ain’t.’’ And I of whipping votes on my side of the man whose life had been so enriched, I need to repeat that. That may be true aisle and getting this bill to the floor was almost as excited as the man him- today, Madam Speaker, ‘‘That kids is of the House where it stands today. self.’’ where the money ain’t, which summed Madam Speaker, I rise in support of Now, that sums up so much of the up one of the major problems con- this important piece of legislation man President Johnson was. In his fronting the American educational sys- which honors a former President of the story, our striving for increased oppor- tem when I became President.’’ And United States and his commitment to tunity and education took shape and that is a direct quote. better educate the future generations became real and valid. It is this love Continuing the quote, ‘‘because of of America. and dedication to education that these convictions, I made a personal Today, we will vote to name the De- makes this bill the ideal way, in my decision during the 1964 Presidential partment of Education building in view, and my judgment, to honor Presi- campaign to make education a funda- Washington, D.C., the Lyndon Baines dent’ Johnson’s memory. mental issue and to put it high on the Johnson Federal Building. And, by While President Johnson will always Nation’s agenda. doing so, we honor a son of Texas who be remembered as a champion of the

VerDate Aug 31 2005 03:49 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.032 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2186 CONGRESSIONAL RECORD — HOUSE March 6, 2007 Civil Rights Act, it was President in order to teach school and earn a lit- Southwest Texas State Teachers Col- Johnson’s wish that the education pa- tle money to stay in school. lege in San Marcos, Texas. He tempo- pers from his Presidency be the first Recently, we dedicated an LBJ mu- rarily dropped out of school to serve set of records to be made public be- seum in San Marcos to commemorate also as a principal and teacher, and he cause he believed, and I quote, in his his years as a student there, recog- taught at a school in South Texas in words, ‘‘You can’t get your civil rights nizing that now Texas State University La Salle County in a city by the name without your education.’’ This is why, continues to provide quality higher of Cotulla, which is a city that I had in my judgment, he will always be education to students across the State, the pleasure of representing while I known as the first ‘‘Education Presi- Nation and globe. was representing the 28th Congres- dent.’’ President Johnson continued his in- sional District. There he taught a good One of the greatest honors I have had volvement as President with students. number of Mexican Americans as a during my tenure in the Congress was One of my own most memorable experi- young man. the opportunity to sit down with Lady ences as a university student was going On August 19, 1930, President John- Bird Johnson, who I am proud to have with a small delegation of university son graduated with a Bachelor’s Degree as a friend and a constituent. I spoke student leaders to meet with President in Science and continued teaching at with her about my intention to see this Johnson in the residence at the White Pearsall High School, also in the 28th bill through the Congress and have the House and having an opportunity to Congressional District that I served. Department of Education named for ask him questions about the important Pioneering the importance of edu- her husband. And the excitement and work that he was doing in Washington. cation as our President, on April 11, the gratitude in her eyes that she re- In 1994, I had the good fortune to be 1965, Johnson signed the Elementary sponded with will be a memory that I elected to represent the congressional and Secondary Education Act, which will cherish for the rest of my life. district that Lyndon Johnson once was the first Federal general aid to As the Representative of President served in this House, having served in education law and focused on disadvan- Johnson’s former congressional dis- the State Senate before that time. taged children, both in inner cities and With his own premature passing, we trict, I have been inspired by his dedi- rural communities throughout this lost the opportunity to have his con- cation to the American people. I spe- country. tinued involvement in Texas, but we cifically look back to his work in sup- Madam Speaker, President Johnson have been blessed, as other speakers has no Federal buildings in the District porting the space program and edu- have noted, with the active involve- of Columbia named after him, and cation as I consider ways to further im- ment of the woman we know only as since he enacted over 60 education bills prove our great Nation. ‘‘Lady Bird,’’ who continues now, even in his term, including the Economic So I urge my colleagues to honor this at this point in her life, to make public Opportunity Act, Head Start, the Ele- great Texan and to support the Lyndon appearances and support causes for mentary and Secondary Education Act Baines Johnson Department of Edu- education and other good deeds in the (title I) and the Higher Education Act, cation Act. Central Texas area. May God bless Lyndon Johnson, and Similarly, we are blessed that his (beginning student loan program), the may God bless our national treasure, commitment to education is reflected Department of Education building is a Lady Bird, may God bless Texas, and in the work of his daughter, Luci fitting honor for President LBJ. may God bless the United States of Baines Johnson Turpin, and his grand- I urge my colleagues in joining me in America. daughter, Catherine Robb, who are ac- passing H.R. 584. Ms. NORTON. Madam Speaker, may I tive participants in our Central Texas Ms. NORTON. Madam Speaker, I ask how much time remains on both community. This family recognized yield 2 minutes to the gentleman from sides? that, as President Johnson said of the Texas (Mr. LAMPSON). The SPEAKER pro tempore. The gen- NATO alliance many years ago, ‘‘There Mr. LAMPSON. Madam Speaker, I 1 tlewoman has 5 ⁄2 minutes. The gen- are no problems we cannot solve to- thank the gentlelady for yielding me tleman has 7 minutes. gether, and very few we can solve by the time, and our Republican col- Ms. NORTON. Does the gentleman ourselves.’’ leagues for the graciousness in extend- have any further speakers? The importance of working together ing our time. Mr. GRAVES. I don’t. is true, whether our objective is to pro- I first met Lyndon Baines Johnson Madam Speaker, I would be more vide more children an education, guar- when he was a Senator from Texas and than happy to yield 5 minutes to Chair- antee seniors’ retirement security or he came to my high school and showed man NORTON. protect our veterans with the coverage the commitment that he had to edu- The SPEAKER pro tempore. Without that they earned and deserve. cation and to inspiring young people to objection, the gentlewoman will con- As we name this building to honor go into public service. I was one of trol 5 additional minutes. President Johnson, I think that we those young people who responded to There was no objection. share his commitment to the least, the his words at that time. And I am privi- Ms. NORTON. Madam Speaker, I ap- last, and the most in need. All of us leged today to represent the area where preciate very much the courtesy of the welcome this measure as a fitting trib- the Lyndon Baines Johnson Space Cen- gentleman in yielding additional time, ute to a man who did so much for this ter, the Johnson Space Center, is lo- and I am pleased to yield 3 minutes to country, so much for education, and so cated in Texas, and it continues to be the gentleman from Texas (Mr. much to improve the quality of life for a beacon to inspire young people to DOGGETT). all Americans. enter into, particularly math and Mr. DOGGETT. Madam Speaker, Ms. NORTON. Madam Speaker, I am science education, critical areas that today, we belatedly honor the Edu- pleased to yield 2 minutes to another we need. cation President by affixing his name gentleman from Texas (Mr. And I am also privileged to speak to the Education Building. RODRIGUEZ). today in support of this piece of legis- President Johnson began as student Mr. RODRIGUEZ. Madam Speaker, lation, H.R. 584, a bill to name the De- Johnson, a Blanco County farm boy as a proud Texan, I rise this afternoon partment of Education’s Washington going to college in Hays County, Texas, in support of H.R. 584 in naming the headquarters in honor of one of our Na- at Southwest Texas State Teachers Department of Education Headquarters tion’s greatest Presidents, President College. It was a time when he re- Building in Washington, D.C. after the Lyndon Baines Johnson. marked that ‘‘poverty was so common first ‘‘Education President,’’ President As a Texan, it gives me particular we didn’t even have a name for it.’’ Lyndon B Johnson. pride to help this effort to name the He borrowed $75 to get his college Like myself, President Johnson building after a man who did so much education, which is one of the reasons began his career in the field of edu- to enhance and improve the edu- he appreciated the need for strong stu- cation and, like me, he also had to bor- cational system for all Americans. Not dent financial assistance programs. row money in order to attend college. only did he begin his storied career in And he even took leave there at South- In 1927, he borrowed $75, as indicated public service as an educator, as I did, west Texas, as it later became known, by the previous speaker, to attend the and some of my colleagues who have

VerDate Aug 31 2005 03:49 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.034 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2187 already spoken, President Johnson also political figures of the 20th century. He served regation of schools and to withhold Federal ushered in the Economic Opportunity his country in ways too numerous to detail, in- funds from education institutions that practiced Act of 1964, the Elementary and Sec- cluding as lieutenant commander in the U.S. segregation. ondary Education Act of 1965, and the Navy during World War II, Member of both In 1965, President Johnson signed the Ele- Higher Education Act of 1965, all key- houses of Congress, Vice President of the mentary and Secondary Act—P.L. 89–10. This stones in our efforts to provide excel- United States, and the 36th President of the legislation was the first general aid-to-edu- lent and enduring educational opportu- United States. cation program ever adopted by Congress, nities for all of our children. President Johnson was born on August 27, and it provided programs to help educate dis- The House should take this simple 1908, in Stonewall, TX. In 1927, he enrolled in advantaged children in urban and rural areas. step to honor a great leader and educa- Southwest Texas State Teachers College at Later that year, he also signed the Higher tor and, of course, a great Texan. It is San Marcos, TX—Texas State University— Education Act—P.L. 89–329, which was the a fitting tribute to his family that re- San Marcos. He took a leave of absence for first program approved by Congress for schol- mains, including Lady Bird. I ask for a year to serve as principal and teach fifth, arships to undergraduate students. the support of all Members of this piece sixth, and seventh grades at Welhausen President Johnson launched Project Head of legislation, H.R. 584. School, a school in the south Texas town of Start, as an 8-week summer program in 1965, Ms. NORTON. Madam Speaker, may I Cotulla. He graduated with a bachelor of to help break the cycle of poverty by providing ask Mr. GRAVES, the gentleman from science degree in August 1930. After gradua- pre-school children of low-income families with Missouri, whether he has any more tion, he taught at Pearsall High School in a comprehensive program to meet their emo- speakers and if he is prepared to yield Pearsall, TX, and taught public speaking at tional, social, health, nutritional, and psycho- back his time? Sam Houston High School in Houston, TX. logical needs. Recruiting children ages three Mr. GRAVES. I have none. I yield In a special election in 1937, Johnson won to school-entry age, Head Start was enthu- back the balance of my time. the U.S. House of Representatives seat rep- siastically received by education and child de- Ms. NORTON. I thank the gentleman resenting the 10th Congressional District of velopment specialists, community leaders, and again for his courtesy in allowing a Texas, defeating nine other candidates. In the parents across the Nation. Currently, Head number of Members to speak with the next election, he was re-elected to a full term Start continues to serve children and their time he provided. in the 76th Congress and to each succeeding families each year in urban and rural areas in Madam Speaker, before I yield back Congress until 1948. all 50 States, the District of Columbia, Puerto the remainder of our time, I must say After the bombing of Pearl Harbor on De- Rico, and the U.S. territories, including many that it would be hard to find a greater cember 7, 1941, Johnson became the first American Indian and migrant children. domestic policy President than Lyndon Member of Congress to volunteer for active In 1966, President Johnson signed the Inter- Baines Johnson. The only one I could duty in the Armed Forces—U.S. Navy, report- national Education Act—P.L. 89–698, which think of would be FDR himself, and of ing for active duty on December 9, 1941. promoted international studies at U.S. colleges course, President Johnson updated the Johnson received the Silver Star from GEN and universities. In 1968, he signed the Elementary and Sec- Roosevelt New Deal. In fact, we are Douglas MacArthur for gallantry in action dur- ondary Education Act Amendments of 1967— naming the education building, the De- ing an aerial combat mission over hostile posi- P.L. 90–247, establishing bilingual education partment of Education building after tions in New Guinea on June 9, 1942. Presi- President Johnson. We could as soon programs for non-English speaking children, dent Roosevelt ordered all Members of Con- and providing more funds for special edu- have named the HHS building. This is gress in the Armed Forces to return to their of- cation for disabled children. Later that year, the Medicare President. This is the fices, and Johnson was released from active President Johnson also signed the Handi- Medicaid President. duty on July 16, 1942. capped Children’s Early Education Assistance On both sides of the aisle, the his- In 1948, he campaigned for and was elect- Act—P.L. 90–538, which authorized experi- toric accomplishments of this great ed to the U.S. Senate. He was elected minor- mental programs for disabled children of pre- President have been embraced. And I ity leader of the Senate in 1953 and majority school age. must tell you, they have certainly been leader in 1955, where he served until January After leaving office, Lyndon Baines Johnson embraced by our constituents. He up- 1961, when he resigned to become Vice continued his involvement in education and dated the New Deal. And as we consider President. taught students while he wrote his memoirs what domestic legislation lies ahead Lyndon Johnson became the 36th President and pursued other academic endeavors. Lyn- for us, I think we would do well to re- of the United States on November 22, 1963, don Johnson died January 22, 1973. member that history gets made in one after the assassination of President John F. Lyndon Baines Johnson will be remembered era; and the New Deal era with Social Kennedy. not only as a great President and Member of Security, unemployment insurance and During President Johnson’s administration, Congress, but also as a champion for edu- the like, and then in another era, new education was one of the many areas where cation. Thus, it is very appropriate that the issues come forward. President John- Johnson blazed new ground. He pursued nu- headquarters building of the Department of son found those issues. None could merous education initiatives, and signed many Education, located at 400 Maryland Avenue have been more important than edu- landmark education bills into law. Southwest in the District of Columbia, be des- cation and health care, and I appre- In 1963, President Johnson approved the ignated as the ‘‘Lyndon Baines Johnson De- ciate the bipartisan nature of this bill. Higher Education Facilities Act—P.L. 88– partment of Education Building.’’ No building should be named in 204—which authorized a 5-year program of I urge my colleagues to join me in sup- Washington that is not embraced on Federal grants and loans for construction or porting H.R. 584. both sides of the aisle, and there is no improvement of public and private higher edu- Mr. HOYER. Madam Speaker, today I join more appropriate person to name this cation academic facilities. This legislation cre- Congressman GENE GREEN and a bipartisan building after than President Lyndon ated the largest education program since en- group of the Texas delegation in supporting Baines Johnson. actment of the National Defense Education the renaming of the Department of Education Mr. OBERSTAR. Madam Speaker, I rise in Act of 1958, and it was the first comprehen- headquarters building to the ‘‘Lyndon Baines strong support of H.R. 584, a bill to designate sive education bill enacted in the post-World Johnson Federal Building.’’ the Department of Education headquarters War II period that was not tied to national de- It is a fitting tribute to name the building that building located at 400 Maryland Avenue fense. houses the Department of Education after Southwest in the District of Columbia as the In 1964, President Johnson signed the Li- President Lyndon B. Johnson. Under his ‘‘Lyndon Baines Johnson Department of Edu- brary Services Act—P.L. 88–269—to make watch, over 60 education bills were signed cation Building.’’ high quality public libraries more accessible to into law, several of which changed the face of I commend the gentleman from Texas, Mr. both urban and rural residents. The funds education in America. GREEN, and his colleagues of the Texas dele- made available under this act were used to One such bill enacted by President Johnson gation, for their steadfast advocacy for this bill. construct as well as operate libraries, and to is the Elementary and Secondary Education In the 109th Congress, Mr. GREEN introduced extend this program to cities as well as rural Act of 1965. For the first time, Federal funds a similar bill, H.R. 4252. Regrettably, the areas. Later that year, President Johnson were explicitly directed to elementary and sec- House did not take action on that legislation. signed the Civil Rights Act—P.L. 88–352— ondary public schools. These funds have im- Lyndon Baines Johnson, ‘‘the Teacher who which, among its landmark provisions, author- proved the quality of education received by became President,’’ was one of the leading ized Federal authorities to sue for the deseg- millions of students over the past 42 years.

VerDate Aug 31 2005 03:49 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\K06MR7.036 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2188 CONGRESSIONAL RECORD — HOUSE March 6, 2007 President Johnson soon followed this meas- vision, and perfecting that vision should be our Under his watch, our Nation made a com- ure with the Higher Education Act of 1965. duty in the 21st century. mitment to education so that opportunity and This legislation made a college education pos- I thank the gentleman from Texas for his success would no longer be determined by sible for millions of Americans by creating the work in bringing this bill to the floor today. family wealth or the color of one’s skin. Federal student aid program. Mr. ENGEL. Madam Speaker, I rise today in President Johnson was a visionary and a Additionally, the Economic Opportunity Act strong support of H.R. 584, a bill to name the patriot. For me, a member of the Education of 1964 contained the provisions creating the headquarters of the United States Department and Labor Committee, he was a hero. Head Start Program, which has put genera- of Education after President Lyndon B. John- I urge all my colleges to support H.R. 584. tions of preschool-age children on the path of son. Mr. DINGELL. Madam Speaker, I rise in learning and success. Head Start gives chil- In the entire District of Columbia, with all its support of H.R. 584, legislation to designate dren the foundation they need in order to be Federal buildings, parks and monuments, the Department of Education headquarters in successful in school in the future. there is not a single Federal facility named Washington, DC, after our 36th President, As President Johnson himself once said, after the man many historians call one of the Lyndon Baines Johnson. ‘‘Poverty must not be a bar to learning and best Presidents in American history. From his An elementary school teacher himself, learning must offer an escape from poverty.’’ stewardship of legislation creating Medicare President Johnson had a deep appreciation By opening the doors of education to millions and Medicaid, to his passage of the Civil for the importance of education. In his ‘‘Great of Americans, President Johnson improved Rights Act of 1964 and the Voting Rights Act Society’’ speech at the University of Michigan countless lives and put the American dream of 1965, President Johnson left a legacy on in 1964, President Johnson stated: within the reach of many. this Nation that we still enjoy today. We must seek an educational system which I thank Congressman GREEN for bringing In addition to his quest to achieve racial grows in excellence as it grows in size. This this bill to the floor so that we all may recog- equality in the United States, President John- means better training for our teachers. It nize the contributions of President Johnson to son was an avid supporter of education. In means preparing youth to enjoy their hours this Nation and to our educational system. 1965 he signed the Elementary and Sec- of leisure as well as their hours of labor. It Mr. ORTIZ. Madam Speaker, I rise in sup- ondary Education Act into law. This landmark means exploring new techniques of teaching, port of H.R. 584, a bill introduced by my friend bill provided significant federal funding to pub- to find new ways to stimulate the love of GENE GREEN of Houston, which names the lic schools. Also in 1965, he stewarded the learning and the capacity for creation. Department of Education Headquarters Build- Higher Education Act to passage. Thanks to President Johnson’s statement rings true to ing in Washington, DC, after President Lyndon this legislation, children in poverty for the first this day. Now is an especially important time B. Johnson. time were able to attend college. to revisit his vision. As the global marketplace President Johnson’s legacy is vast and Madam Speaker, like President Johnson, I becomes more competitive, it is becoming mostly underappreciated. He was a visionary was a public school teacher, and I understand clear that education is the vehicle that will in terms of groundbreaking social legislation the importance of a good education. Let me drive U.S. global leadership into the future. It that literally changed the way this country conclude by quoting President Johnson him- is therefore vital that we renew our commit- elected leaders, treated one another in the self. ment to Federal education programs. workplace, and educated our children. I shall never forget the faces of the boys Some of President Johnson’s largest edu- President Johnson passed away over 30 and the girls in that little Welhausen Mexi- cation initiatives were passed in 1965, includ- years ago, and is survived by his First Lady, can School, and I remember even yet the ing the Elementary and Secondary Education Lady Bird Johnson. Despite the pain of realizing and knowing then that col- Act—ESEA—and the Higher Education Act groundbreaking work in education and so lege was closed to practically every one of HEA. ESEA provided the first program ever many other levels, no Federal buildings bear those children because they were too poor. adopted by Congress to provide Federal sup- his name in the national Capital area. And I think it was then that I made up my In May 1964, Johnson called for a nation- mind that this Nation could never rest while port for public schools, and HEA provided the wide war against poverty and outlined a vast the door to knowledge remained closed to first-ever Federal financial aid programs to program of economic and social welfare legis- any American. help students afford college. In addition, 1965 lation designed to create what he termed the Madam Speaker, I can think of no better saw the passage of legislation to create the Great Society. Central to his vision of a nation person after whom we should name the build- National Head Start program and the National no longer hindered by poverty and hate was ing of the Department of Education. I urge my Endowments for Arts and Humanities. an education for every child, no matter what colleagues to support H.R. 584. For over 40 years, President Johnson’s edu- their economic status. Mr. HINOJOSA. Madam Speaker, I rise in cation initiatives have helped millions of chil- During his time in office, President Johnson proud support of H.R. 584, a bill to re-name dren across the country achieve the American passed over 60 education bills, including the the Department of Education Building after a dream. It is only fitting that the Federal De- Elementary and Secondary Education Act of great Texan and a great American, Lyndon partment of Education building be named after 1965, the Higher Education Act of 1965, and Baines Johnson. I would like to thank my good a man who was a pioneer in his endeavors to created the Head Start Program. Taken to- friend and colleague, GENE GREEN for bringing promote Federal investment in education. gether, these legislative feats form the basis of this bill to us. I am proud to be an original cosponsor of public education in the United States today. Today, we aspire to fulfill the vision of the this legislation and I urge my colleagues to President Johnson grew up in San Marcos, Great Society that President Johnson envi- join me in voting for it. TX, seeing abject poverty all around him and sioned for this Nation—in his words—a place Ms. EDDIE BERNICE JOHNSON of Texas. seeing the power scheme that separated white where the meaning of man’s life matches the Madam Speaker, I rise today in support of this children from Hispanic and African-American marvels of man’s labor. legislation to name the Department of Edu- children. From his earliest days, he concluded Early on in his life, President Johnson was cation Building in honor of President Lyndon the only true equalizing influence in our Nation exposed to the unacceptable inequities in our B. Johnson. was through an equal education for all Ameri- Nation’s education system. As a teacher and President Johnson believed that everyone cans, no matter what their skin color or their a principal in Cotula, TX, President Johnson should have the right to a free and adequate economic status. worked with impoverished Hispanic students education regardless of their gender, race or The Department of Education headquarters for whom the dream of pursuing higher edu- economic status. President Johnson fought for building on Maryland Avenue, SW., in Wash- cation was all but out of reach. He saw a na- opportunity and access for all Americans, and ington, DC, has no name on it today. Bearing tion failing to live up to its potential because I can truly think of no one better person for the name of our 36th President would be a fit- it failed to develop the talents of its low-in- whom to name the Department of Education ting tribute to the life and legislative accom- come and minority citizens. He vowed not to building. plishments in education of the Johnson presi- rest until America’s opportunities were open President Johnson’s first job was as a dency. and accessible to everyone. Texas elementary school teacher and principal While novel in his day, the Johnson admin- It is a fitting tribute to name the Department at a segregated school attended by only Mexi- istration’s policy to place a national priority on of Education headquarters after the President can-Americans. He held that experience with education is supported by large majorities of who brought us the Head Start Program, the him, and continually fought for education and both parties today, illustrating the long-term Higher Education Act and student financial equality for all Americans. President Johnson righteousness of Johnson’s cause. aid, as well as the Elementary and Secondary recognized that education meant opportunity Truly, the only silver bullet to equalize peo- Education Act, which today we know as the for millions of Americans who would otherwise ple in this Nation is education. That was LBJ’s No Child Left Behind Act. never be able to achieve the American dream.

VerDate Aug 31 2005 04:33 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 9920 E:\CR\FM\A06MR7.016 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2189 The strides made for educational equality Member of Congress to volunteer for active Start was enthusiastically received by edu- and fairness under the Johnson administration duty in the Armed Forces—U.S. Navy, report- cation and child development specialists, com- were truly remarkable. Under President John- ing for active duty on December 9, 1941. munity leaders, and parents across the Nation. son, we adopted many landmark education Johnson received the Silver Star from GEN Currently, Head Start continues to serve chil- policies including the Early and Secondary Douglas MacArthur for gallantry in action dur- dren and their families each year in urban and Education Act of 1965, the National Endow- ing an aerial combat mission over hostile posi- rural areas in all 50 States, the District of Co- ment for the Arts, the National Endowment for tions in New Guinea on June 9, 1942. Presi- lumbia, Puerto Rico, and the U.S. territories, Humanities, and the Higher Education Act of dent Roosevelt ordered all Members of Con- as well as many migrant children. 1965. Perhaps no other President has ever gress in the Armed Forces to return to their of- In 1966, President Johnson signed the Inter- overseen so many pioneering changes to the fices, and Johnson was released from active national Education Act—P.L. 89–698, which way that we educate our Nation’s children. duty on July 16, 1942. promoted international studies at U.S. colleges I fully support Congressman GENE GREEN’s In 1948, after a campaign in which he trav- and universities. effort to name the U.S. Department of Edu- eled by ‘‘newfangled’’ helicopter all over the In 1968, he signed the Elementary and Sec- cation building in honor of President Lyndon State, Johnson won the primary by 87 votes ondary Education Act Amendments of 1967— B. Johnson, and I urge my colleagues to vote and earned the nickname ‘‘Landslide Lyndon,’’ P.L. 90–247, establishing bilingual education in support of this legislation. and in the general election was elected to the programs for non-English speaking children, Ms. JACKSON-LEE of Texas. Madam U.S. Senate. He was elected minority leader and providing more funds for special edu- Speaker, as an original cosponsor and proud of the Senate in 1953 and majority leader in cation for disabled children. Later that year, he Texan, I rise today in strong support of H.R. 1955. He served in the U.S. Senate until he also signed the Handicapped Children’s Early 584, which designates the national head- resigned to become Vice President in January Education Assistance Act—P.L. 90–538, which quarters building of the U.S. Department of 1961. authorized experimental programs for disabled Education located in the District of Columbia Lyndon Johnson became the 36th President children of pre-school age. as the Lyndon Baines Johnson Department of of the United States on November 22, 1963, After leaving office, Lyndon Johnson re- Education Building. I support this bill because after the assassination of President John F. turned to his native Texas and continued his it is a fitting tribute to the greatest ‘‘education Kennedy. involvement in public education. His presi- President’’ in the history of our Nation. During his administration, education was dential papers are housed at the Lyndon It is no exaggeration to say, Madam Speak- one of the many areas where President John- Baines Johnson Library and Museum at the er, that Lyndon Baines Johnson’s record of son blazed new ground. He pursued numer- University of Texas, which in 1970 established extending the benefits of education to all ous education initiatives, and signed many the Lyndon Baines Johnson School of Public Americans in every region of the country, of landmark education bills into law. Affairs, The ‘‘LBJ School,’’ as is commonly every race and gender, irrespective of eco- In 1963, President Johnson approved the known, pioneered what was then regarded as nomic class or family background, remains un- Higher Education Facilities Act—P.L. 88–204, a novel approach to training for public service. surpassed. Lyndon Johnson recognized that which authorized a five-year program of Fed- The curriculum combined courses in theory the educated citizenry is a nation’s greatest eral grants and loans for construction or im- with courses that took students into govern- economic asset and most powerful guardian of provement of public and private higher edu- ment agencies to work and conduct research; its political liberties. cation academic facilities. This legislation was the faculty included academics from various Madam Speaker, Lyndon Johnson did more the largest education program enacted by disciplines as well as practitioners from var- than any single American, living or dead, to Congress since the National Defense Edu- make the Federal Government a partner with ious levels of government; public service pro- cation Act of 1958, and it was the first broad States and localities in the vitally important grams included an academic publishing pro- education bill enacted in the post-World War II work of educating the people of America, from gram as well as workshops for government of- period that was not tied to national defense. ficials. This blend of the academic and the pre-kindergarten to post-graduate school. It In 1964, Johnson signed the Library Serv- makes perfect sense, therefore, to name the practical remains the distinguishing char- ices Act—P.L. 88–269—to make high quality headquarters building of the U.S. Department acteristic of the LBJ School and this highly ef- public libraries more accessible to both urban of Education in his honor. fective approach to training for public service Madam Speaker, Lyndon Baines Johnson and rural residents. The funds made available is today an accepted model for public affairs was one of the leading figures of the 20th cen- under this act were used to construct as well graduate programs across the country. tury. This teacher who became a President as operate libraries, and to extend this pro- Madam Speaker, Lyndon Baines Johnson, served his country in numerous, distinguished gram to cities as well as rural areas. Later that who died January 22, 1973, will be remem- ways, including as lieutenant commander in year, President Johnson signed the Civil bered not only as a great President and Mem- the U.S. Navy during World War II, as a Mem- Rights Act—P.L. 88–352, which among its ber of Congress, but also as the greatest ber of both Houses of Congress, as Vice landmark provisions authorized Federal au- champion of accessible and affordable quality President of the United States, and as the thorities to sue for the desegregation of education for all. President Johnson truly un- 36th President of the United States. schools and to withhold Federal funds from derstood the importance of leaving no child Lyndon Baines Johnson was born on Au- education institutions that practiced segrega- behind, and he didn’t. gust 27, 1908, in Stonewall, TX. In 1927, he tion. For all these reasons, Madam Speaker, it is enrolled in Southwest Texas State Teachers In 1965, President Johnson signed the Ele- most appropriate that the headquarters build- College at San Marcos, TX—Texas State Uni- mentary and Secondary Education Act—P.L. ing of the Department of Education located at versity—San Marcos. He took a leave of ab- 89–10—at the former Junction Elementary 400 Maryland Avenue, SW., in the District of sence for a year to serve as principal and School in Stonewall, TX, where he first at- Columbia be designated the ‘‘Lyndon Baines teach fifth, sixth, and seventh grades at tended school. Sitting beside him as he signed Johnson Department of Education Building.’’ Welhausen School, a Mexican-American the bill was his first teacher, Mrs. Kathryn Ms. NORTON. Madam Speaker, I school in the south Texas town of Cotulla. He Deadrich Loney. This legislation was the first yield back the remainder of my time. graduated with a bachelor of science degree general aid-to-education program ever adopt- The SPEAKER pro tempore. The in August 1930. After graduation he taught at ed by Congress, and it provided programs to question is on the motion offered by Pearsall High School in Pearsall, TX, and help educate disadvantaged children in urban the gentlewoman from the District of taught public speaking at Sam Houston High and rural areas. Later that year, he also Columbia (Ms. NORTON) that the House School in Houston, TX. In the spring of 1931, signed the Higher Education Act—P.L. 89– suspend the rules and pass the bill, his debate team won the district champion- 329, which was the first program approved by H.R. 584, as amended. ship. the U.S. Congress for scholarships to under- The question was taken; and (two- In a special election in 1937, Johnson won graduate students. thirds being in the affirmative) the the U.S. House of Representatives seat rep- In 1965, President Johnson launched rules were suspended and the bill, as resenting the 10th Congressional District of Project Head Start, as an 8-week summer pro- amended, was passed. Texas, defeating nine other candidates. He gram, to help break the cycle of poverty by The title of the bill was amended so was re-elected to a full term in the 76th Con- providing pre-school children from low-income as to read: ‘‘To designate the Federal gress and to each succeeding Congress until families with a comprehensive program to building located at 400 Maryland Ave- 1948. meet their emotional, social, health, nutritional, nue Southwest in the District of Co- After the bombing of Pearl Harbor on De- and psychological needs. Recruiting children lumbia as the ‘Lyndon Baines Johnson cember 7, 1941, Johnson became the first from ages three to school-entry age, Head Department of Education Building’’’.

VerDate Aug 31 2005 05:27 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.030 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2190 CONGRESSIONAL RECORD — HOUSE March 6, 2007 A motion to reconsider was laid on tice before the United States Supreme the bill naming the soon-to-be-con- the table. Court. structed courthouse in Jackson, Mis- f As associate counsel for the NAACP sissippi, after attorney R. Jess Brown. Defense and Educational Fund, Mr. For most of those individuals here, I b 1400 Brown filed the first civil rights suit in represent Jackson, Mississippi. I knew R. JESS BROWN UNITED STATES Mississippi in the 1950s in Jefferson R. Jess Brown. Most of the African COURTHOUSE Davis County, seeking the enforcement American attorneys in the State of of the right of black citizens to become Mississippi would not be there had it Ms. NORTON. Mr. Speaker, I move to registered voters. In 1961, Mr. Brown not been for R. Jess Brown’s tenacity suspend the rules and pass the bill represented James H. Meredith in a and perseverance to encourage other (H.R. 399) to designate the United suit to enter the University of Mis- people to participate. States Courthouse to be constructed in sissippi. This victory in this case Both speakers have talked about his Jackson, Mississippi, as the ‘‘R. Jess opened the doors to that university to ability as a lawyer; but the one thing Brown United States Courthouse’’. all Mississippi citizens. While an asso- that I would like to share is, while he The Clerk read as follows: ciate with the NAACP Legal Defense did not graduate from law school, when H.R. 399 Fund, he played a major role in fight- he was practicing, you could practice Be it enacted by the Senate and House of Rep- ing discrimination in transportation law if you could pass the bar. He resentatives of the United States of America in and other public accommodations, taught himself law and ultimately be- Congress assembled, working together with Thurgood Mar- came one of the great lawyers in our SECTION 1. DESIGNATION. shall, who would later become Asso- State. He represented James Meredith. The United States Courthouse to be con- ciate Justice of the United States Su- He represented Medgar Evers. He rep- structed at the site bounded on the north by preme Court. resented teachers who were trying to Court Street, on the west by West Street, on the south by South Street, and on the east Mr. Brown also served as counsel to get equity in pay. He represented other by President Street in Jackson, Mississippi, the American Civil Liberties Union, students trying to go to the University shall be known and designated as the ‘‘R. where he was successful in obtaining of Southern Mississippi, a number of Jess Brown United States Courthouse’’. reversals of convictions of black de- schools. SEC. 2. REFERENCES. fendants because of discrimination in But the good thing about R. Jess Any reference in a law, map, regulation, jury selection. He also represented nu- Brown, Mr. Speaker, he also was a document, paper, or other record of the merous black defendants in cases teacher. He always had time for young United States to the courthouse referred to where the State sought the death pen- people. He taught at Alcorn State Uni- in section 1 shall be deemed to be a reference alty. As a result of these appeals, none versity as well as Lanier High School to the ‘‘R. Jess Brown United States Court- of these defendants were ever executed. at a time where practicing law was not house’’. R. Jess Brown died in Jackson, Mis- as beneficial as it is perhaps now. The SPEAKER pro tempore (Mr. sissippi, on January 2, 1990. He is re- I am happy to join the support of ROTHMAN). Pursuant to the rule, the membered as a brave American, bril- H.R. 399, this bill nominating the soon- gentlewoman from the District of Co- liant attorney, civil rights leader, and to-be-constructed courthouse after R. lumbia (Ms. NORTON) and the gen- devoted family man. It is both fitting Jess Brown. tleman from Missouri (Mr. GRAVES) and appropriate that the United States The Brown family in Jackson, Mis- each will control 20 minutes. courthouse, soon to be constructed in sissippi, is well known. The widow of The Chair recognizes the gentle- Jackson, Mississippi, would be des- attorney Brown will be quite pleased woman from the District of Columbia. ignated the R. Jess Brown United with this. Oftentimes we don’t give GENERAL LEAVE States Courthouse. flowers to people while they are living, Ms. NORTON. Mr. Speaker, I ask Mr. Speaker, I reserve the balance of but perhaps this legacy in naming this unanimous consent that all Members my time. Federal courthouse after attorney R. have 5 legislative days in which to re- Mr. GRAVES. Mr. Speaker, I yield Jess Brown is fitting and proper. So R. Jess Brown, Mr. Speaker, will vise and extend their remarks and to myself such time as I may consume. Mr. Speaker, H.R. 399 designates the be remembered more than as a bril- include extraneous material con- United States courthouse, which is to liant attorney and civil rights leader. cerning H.R. 399. be constructed in Jackson, Mississippi, He will be remembered as a great The SPEAKER pro tempore. Is there as the R. Jess Brown United States American. As such, it is very appro- objection to the request of the gentle- Courthouse. This bill honors R. Jess priate that the United States court- woman from the District of Columbia? Brown’s work as an attorney and civil house soon be built in Jackson, Mis- There was no objection. rights leader. sissippi, is designated the R. Jess Ms. NORTON. Mr. Speaker, I yield As was so eloquently pointed out, Brown United States Courthouse. myself such time as I may consume. and I think Chairman NORTON went Mr. OBERSTAR. Mr. Speaker, I rise in I rise to support H.R. 399, a bill to through it very well, Mr. Brown was strong support of H.R. 399, a bill to designate designate the courthouse to be con- the associate counsel for the Legal De- the United States Courthouse to be con- structed in Jackson, Mississippi, as the fense and Education Fund for the Na- structed in Jackson, Mississippi, as the ‘‘R. R. Jess Brown United States Court- tional Association for the Advance- Jess Brown United States Courthouse’’. house. ment of Colored People, where his work R. Jess Brown was born in Coffeeville, Kan- R. Jess Brown was born in Coffey- was well documented. sas, on September 2, 1912. He was educated ville, Kansas on September 2, 1912. He He worked alongside Thurgood Mar- in the Muskogee Oklahoma public schools and was educated in the Muskogee, Okla- shall, who would later become Asso- received a Bachelor of Education Degree from homa, public schools and received a ciate Justice to the United States Su- Illinois State Normal University in 1935, and a bachelor of education degree from the preme Court. And as Mr. Brown was Master of Education Degree from the Univer- Illinois State Normal University in working for the NAACP in that capac- sity of Indiana in 1943. He attended Texas 1935 and a master of education degree ity, he filed the very first civil rights Southern Law School. from the University of Indiana in 1943. suit in Mississippi in the 1950s. In 1948, he was a co-plaintiff in a suit for He attended Texas Southern Law Mr. Brown died in Jackson, Mis- equal salaries for Jackson, Mississippi school School. sissippi, on January 2, 1990. teachers. In 1953, he was admitted to the bar Mr. Speaker, I reserve the balance of In 1953, he was admitted to the bar for the for the State of Mississippi and admit- my time. State of Mississippi and admitted to practice ted to practice before the United Ms. NORTON. Mr. Speaker, I am before the United States District Court for the States District Court for the Southern pleased to introduce the author of the Southern District of Mississippi. In 1955, he District of Mississippi. In 1955, he co- bill, who represents the district in co-founded the Magnolia Bar Association, and founded the Magnolia Bar Association, Jackson, Mississippi, where this court- he later served on the Board of the National and he later served on the board of the house will be located. Bar Association for nearly 15 years. In 1958, National Bar Association for nearly 15 Mr. THOMPSON of Mississippi. Mr. he was admitted to practice before the United years. In 1958, he was admitted to prac- Speaker, I rise in support of H.R. 399, States Supreme Court.

VerDate Aug 31 2005 03:49 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 9920 E:\CR\FM\K06MR7.038 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2191 As associate counsel for the NAACP Legal SEC. 2. REFERENCES. Mr. Speaker, H.R. 544, introduced by Defense and Educational Fund, Brown filed Any reference in a law, map, regulation, Representative UDALL of New Mexico, document, paper, or other record of the designates the United States court- the first civil rights suit in Mississippi in the United States to the United States court- 1950s in Jefferson Davis County, seeking the house referred to in section 1 shall be deemed house at South Federal Place in Santa enforcement of the right of black citizens to to be a reference to the ‘‘Santiago E. Campos Fe, New Mexico, as the Santiago E. become registered voters. In 1961, Brown rep- United States Courthouse’’. Campos United States Courthouse. The resented James H. Meredith in his suit to The SPEAKER pro tempore. Pursu- bill honors Judge Campos, who was the enter the University of Mississippi; his victory ant to the rule, the gentlewoman from first Hispanic to be appointed to the in this case opened the doors of that univer- the District of Columbia (Ms. NORTON) U.S. District Court of New Mexico. sity to all of Mississippi’s citizens. While an as- and the gentleman from Missouri (Mr. Judge Campos served in the United sociate with the NAACP Legal Defense Fund, GRAVES) each will control 20 minutes. States Navy during World War II and he played a major role in fighting discrimina- The Chair recognizes the gentle- graduated first in his law class at the tion in the areas of transportation and other woman from the District of Columbia. University of New Mexico. His career public accommodations working along side GENERAL LEAVE in public service included serving as Thurgood Marshall, who would later become Ms. NORTON. Mr. Speaker, I ask the assistant and first assistant attor- Associate Justice of the United States Su- unanimous consent that all Members ney general in New Mexico, and serving preme Court. have 5 legislative days within which to as a district court judge in New Mexi- Brown also served as counsel for the Amer- revise and extend their remarks and to co’s First Judicial District, and cul- ican Civil Liberties Union, where he was suc- include extraneous material con- minated in his appointment to the Fed- cessful in obtaining reversals of convictions of cerning H.R. 544. eral bench. black defendants because of discrimination in The SPEAKER pro tempore. Is there Judge Campos was appointed by jury selection. He also represented numerous objection to the request of the gentle- President Carter in 1978 to the District black defendants in cases where the State woman from the District of Columbia? Court of New Mexico. He served as sought the death penalty. As a result of these There was no objection. chief judge from 1987 to 1989 and be- appeals, none of these defendants were ever Ms. NORTON. Mr. Speaker, I yield came a senior judge on December 26, executed. myself such time as I may consume. 1992. He served with distinction on the R. Jess Brown died in Jackson, Mississippi, Mr. Speaker, in the 107th, 108th and bench, and on January 20, 2001, Judge on January 2, 1990. 109th Congresses, Congressman Tom Campos passed away. R. Jess Brown will be remembered as more Udall introduced legislation to des- I support this legislation, and I en- than a brilliant attorney and civil rights leader; ignate the Federal courthouse in Santa courage my colleagues to do the same. he will also be remembered as a great Amer- Fe, New Mexico, as the Santiago E. Mr. Speaker, I yield back the balance ican. As such, it is very appropriate that the Campos United States Courthouse. No of my time. U.S. Courthouse in Jackson, Mississippi, be action was taken during the past Con- Ms. NORTON. I thank the gentleman. designated the ‘‘R. Jess Brown United States gress. Therefore, it is with great pleas- And I concur and strongly support this Courthouse’’. ure that the 110th Congress finally legislation as well. I urge my colleagues to join me in sup- moves forward with this bill to honor Mr. OBERSTAR. Mr. Speaker, I rise in porting H.R. 399. an outstanding American. strong support of H.R. 544, a bill to designate Judge Campos was a life-long resi- Mr. GRAVES. Mr. Speaker, I would the United States Courthouse at South Fed- dent of the United States and grad- urge my colleagues to support this bill, eral Place, Santa Fe, New Mexico, as the uated first in his class from the Univer- and I yield back the balance of my ‘‘Santiago E. Campos United States Court- sity of New Mexico. He served the peo- time. house’’. ple of New Mexico and his country with Ms. NORTON. Mr. Speaker, I think I commend the Gentleman from New Mex- honor and great distinction. He was a this bill deserves the unanimous vote ico (Mr. UDALL) for his steadfast support of this World War II veteran, serving the of Members on both sides of the aisle. bill to honor an outstanding jurist. United States Navy as a seamen first I yield back the balance of my time. Mr. UDALL introduced identical legislation in class from 1944 to 1946. After leaving The SPEAKER pro tempore. The three previous Congresses—H.R. 5083 in the the Navy, Judge Campos attended the question is on the motion offered by 107th Congress, H.R. 2274 in the 108th Con- Central College in Fayette, Missouri, the gentlewoman from the District of gress, and H.R. 984 in the 109th Congress. and received his law degree from the Columbia (Ms. NORTON) that the House Regrettably, the House never considered University of New Mexico in 1953, grad- suspend the rules and pass the bill, those bills. I am pleased that we are moving uating first in his class again. From H.R. 399. forward on this legislation today. 1954 to 1957, he worked as an assistant The question was taken; and (two- Santiago E. Campos was born on Decem- attorney general and subsequently as thirds being in the affirmative) the ber 25, 1926, in Santa Rosa, New Mexico. He first assistant attorney general for the rules were suspended and the bill was served in the United States Navy as a Sea- State of New Mexico. After 14 years in passed. man 1st Class from 1944 to 1946. After leav- private practice, Judge Campos was A motion to reconsider was laid on ing the Navy, Judge Campos attended Central the table. elected district judge for the First Ju- dicial District of New Mexico in 1971 College in Fayette, Missouri, and received his f and served in that capacity until 1978. law degree from the University of New Mexico SANTIAGO E. CAMPOS UNITED President Jimmy Carter appointed in 1953, graduating first in his class. STATES COURTHOUSE him to the Federal bench in 1978. Judge From 1954 until 1957, he worked as an As- sistant Attorney General and subsequently as Ms. NORTON. Mr. Speaker, I move to Campos was the first Hispanic ap- pointed to the Federal bench in New First Assistant Attorney General for the State suspend the rules and pass the bill of New Mexico. After 14 years in private prac- (H.R. 544) to designate the United Mexico. He served as chief judge from 1987 until 1989. Known for his compas- tice, Judge Campos was elected District States courthouse at South Federal Judge for the 1st Judicial District of New Mex- Place in Santa Fe, New Mexico, as the sion, quick wit and inquisitive mind, Judge Campos was a role model for stu- ico in 1971, and served in that capacity until ‘‘Santiago E. Campos United States 1978. In 1978, Judge Campos was appointed Courthouse’’. dents, fellow jurists and professional colleagues. He was well liked among to the Federal Bench by President Jimmy The Clerk read as follows: Carter and began serving on July 20, 1978. H.R. 544 peers and judicial staff as well. I strongly support Congressman Judge Campos was the first Hispanic Amer- Be it enacted by the Senate and House of Rep- UDALL and his efforts on behalf of this ican to serve as a Federal Judge in the Dis- resentatives of the United States of America in trict Court of New Mexico, as well as the first Congress assembled, bill, and I urge my colleagues to join in Hispanic American to serve as its Chief SECTION 1. DESIGNATION. support of H.R. 544. The United States courthouse at South Mr. Speaker, I reserve the balance of Judge. He held the title of Chief U.S. District Federal Place in Santa Fe, New Mexico, my time. Judge from February 5, 1987, to December shall be known and designated as the Mr. GRAVES. Mr. Speaker, I would 31, 1989, and took senior status on December ‘‘Santiago E. Campos United States Court- yield myself such time as I may con- 26, 1992. Judge Campos died on January 20, house’’. sume. 2002, after suffering a long bout with cancer.

VerDate Aug 31 2005 03:49 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\CR\FM\A06MR7.040 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2192 CONGRESSIONAL RECORD — HOUSE March 6, 2007 During his career, Judge Campos was to make a living donation of a kidney spe- There was no objection. named an honorary member of the Order of cifically to a second particular patient (re- Mr. INSLEE. Mr. Speaker, I yield the Coif. He also received the Distinguished ferred to in this paragraph as the ‘second pa- myself such time as I may consume. tient’), but such donor is biologically incom- Achievement Award of the State Bar of New Mr. Speaker, we are here today to patible as a donor for such patient. pass the Charlie W. Norwood Living Mexico in 1993, and in the same year the Uni- ‘‘(C) Subject to subparagraph (D), the first versity of New Mexico honored him with a Dis- donor is biologically compatible as a donor Kidney Organ Donation Clarification tinguished Achievement Award. of a kidney for the second patient, and the Act. We do so both to honor Dr. Nor- H.R. 544 has received the unanimous en- second donor is biologically compatible as a wood, who provided such great service dorsement of the Judges of the 10th Circuit donor of a kidney for the first patient. to his district and to the country for Court in New Mexico and the district judges of ‘‘(D) If there is any additional donor-pa- many years; of course, Dr. Norwood did the District of New Mexico. tient pair as described in subparagraph (A) so as the result of being a recipient of or (B), each donor in the group of donor-pa- In honor of Judge Campos’s trailblazing lung transplants himself; but also to tient pairs is biologically compatible as a honor the thousands of Americans who legal career in New Mexico and his out- donor of a kidney for a patient in such standing contributions to the legal profession, group. are today waiting for kidney trans- it is both fitting and proper to designate the ‘‘(E) All donors and patients in the group plants. This bill, we believe, will be a courthouse located at South Federal Place in of donor-patient pairs (whether two pairs or great step forward to hasten the day Santa Fe, New Mexico, as the ‘‘Santiago E. more than two pairs) enter into a single when those folks can potentially have Campos United States Courthouse’’. agreement to donate and receive such kid- kidney transplants. I urge my colleagues to join me in sup- neys, respectively, according to such biologi- It is a fitting tribute to Dr. Norwood cal compatibility in the group. porting H.R. 544. for his tireless efforts to improve our ‘‘(F) Other than as described in subpara- Nation’s health and his great work in Ms. NORTON. Mr. Speaker, I yield graph (E), no valuable consideration is know- back the balance of my time. ingly acquired, received, or otherwise trans- fighting as a patient’s advocate. I will The SPEAKER pro tempore. The ferred with respect to the kidneys referred to submit for the record a statement from question is on the motion offered by in such subparagraph.’’. Dr. Norwood in support of this legisla- the gentlewoman from the District of SEC. 3. ADDITIONAL FUNDING FOR THE MEDI- tion. Columbia (Ms. NORTON) that the House CARE PHYSICIAN ASSISTANCE AND Second, I would like to thank the suspend the rules and pass the bill, QUALITY INITIATIVE FUND. staff of both of the committees, as well Section 1848(l)(2) of the Social Security as Dr. Norwood’s office and personal H.R. 544. Act (42 U.S.C. 1395w–4(l)(2)) is amended— The question was taken; and (two- (1) in subparagraph (A), by adding at the staff, for their work to make this bill a thirds being in the affirmative) the end the following: ‘‘In addition, there shall reality. rules were suspended and the bill was be available to the Fund for expenditures This legislation would allow a proce- passed. during 2009 an amount equal to $30,000,000 dure commonly known as paired dona- A motion to reconsider was laid on and for expenditures during or after 2013 an tion to be legal, to make that clear, the table. amount equal to $470,000,000.’’; and and to provide hope to patients waiting (2) in subparagraph (B)— for kidney transplants. Paired organ f (A) in the heading, by striking ‘‘FURNISHED donation will make it possible for 1415 DURING 2008’’; b (B) by striking ‘‘specified in subparagraph thousands of people who wish to donate CHARLIE W. NORWOOD LIVING (A)’’ and inserting ‘‘specified in the first sen- a kidney to a spouse, a family member ORGAN DONATION ACT tence of subparagraph (A)’’; and or a friend but find that they are medi- (C) by inserting after ‘‘furnished during cally incompatible to still become liv- Mr. INSLEE. Mr. Speaker, I move to 2008’’ the following: ‘‘and for the obligation ing kidney donors. suspend the rules and pass the bill of the entire first amount specified in the This is very important, because, as of (H.R. 710) to amend the National Organ second sentence of such subparagraph for February 23, we had over 70,000 patients Transplant Act to clarify that kidney payment with respect to physicians’ services who are now on the waiting list for a paired donation does not involve the furnished during 2009 and of the entire sec- kidney transplant, and yet we per- transfer of a human organ for valuable ond amount so specified for payment with re- spect to physicians’ services furnished on or formed only 16,500 kidney transplants consideration, as amended. after January 1, 2013’’. in 2005, of which only 6,500 were living The Clerk read as follows: The SPEAKER pro tempore. Pursu- kidney donors. H.R. 710 will take a sig- H.R. 710 ant to the rule, the gentleman from nificant step towards reducing the Be it enacted by the Senate and House of Rep- Washington (Mr. INSLEE) and the gen- number of patients on the waiting list resentatives of the United States of America in tleman from Texas (Mr. BARTON) each and giving many more the hope that Congress assembled, will control 20 minutes. their wait will not be endless. SECTION 1. SHORT TITLE. The Chair recognizes the gentleman Further, this bill is supported by nu- This Act may be cited as the ‘‘Charlie W. from Washington. merous medical organizations, includ- Norwood Living Organ Donation Act’’. GENERAL LEAVE ing the United Network for Organ SEC. 2. NATIONAL ORGAN TRANSPLANT ACT; Sharing, the American Society of AMENDMENT REGARDING PAIRED Mr. INSLEE. Mr. Speaker, I ask DONATION OF HUMAN KIDNEYS. unanimous consent that all Members Transplant Surgeons, the American So- (a) IN GENERAL.—Section 301(a) of the Na- may have 5 legislative days to revise ciety of Transplantation, the National tional Organ Transplant Act (42 U.S.C. and extend their remarks and include Kidney Foundation and the American 274e(a)) is amended by adding at the end the extraneous material on the bill under Society of Pediatric Nephrology. following: ‘‘The preceding sentence does not consideration. I have sort of a local person who apply with respect to the paired donation of The SPEAKER pro tempore. Is there gives me advise about this, Dr. Connie human kidneys.’’. objection to the request of the gen- Davis, who is a transplant expert, a (b) DEFINITION.—Section 301(c) of the Na- tleman from Washington? physician, and she says that this bill is tional Organ Transplant Act (42 U.S.C. a huge step forward for the transplant 274e(c)) is amended by adding at the end the There was no objection. following: PERMISSION FOR MEMBER TO BE CONSIDERED AS community as clinical efforts in the di- ‘‘(4) The term ‘paired donation of human FIRST SPONSOR OF H.R. 710 rection of paired donation have been kidneys’ means the donation and receipt of Mr. INSLEE. Mr. Speaker, I ask severely hampered by concerns over human kidneys under the following cir- unanimous consent that I may here- the legal status of such activity. cumstances: after be considered as the first sponsor I believe it is imperative that we ‘‘(A) An individual (referred to in this of H.R. 710, a bill originally introduced make it clear that there is no intent by paragraph as the ‘first donor’) desires to by Representative Norwood of Georgia, Congress to bar this procedure. It is my make a living donation of a kidney specifi- only for the purpose of adding cospon- hope that the Senate will act quickly cally to a particular patient (referred to in this paragraph as the ‘first patient’), but sors and requesting reprintings pursu- on this. Simply put, we want this legis- such donor is biologically incompatible as a ant to clause 7 of rule XII. lation to save lives immediately. donor for such patient. The SPEAKER pro tempore. Is there So, for the 70,000 patients waiting for ‘‘(B) A second individual (referred to in objection to the request of the gen- lifesaving kidney transplants, with this paragraph as the ‘second donor’) desires tleman from Washington? time spent on costly and often arduous

VerDate Aug 31 2005 03:49 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.029 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2193 dialysis treatment, their time on the As I have pointed out earlier on the self and three other members of the waiting list can be significantly short- House floor after notification of Con- Energy and Commerce Committee on ened with passage and implementation gressman Norwood’s passing, he wrote the Republican side had been a part of of this bill. me a letter the last day he was in a group to craft an alternative program It is an honor to stand here working Washington before he flew home to for the part D prescription drug ben- for the name of Dr. Charlie Norwood. I Georgia, and this particular piece of efit. Some of our alternative program want to thank all those who have legislation was the primary issue in was in the final legislation, but not all worked on this bill, and I hope very that letter. It is very, very heart- of it. As a consequence, Charlie was shortly we can have this on the Presi- warming, and I am very grateful that listed as a ‘‘lean no.’’ He was in reality dent’s desk and help those 70,000 people the majority would move this piece of a ‘‘hard no,’’ but he listed himself as a to a healthy future and great produc- legislation as quickly as they have ‘‘lean no.’’ tive years, just like Dr. Norwood had in done. I want to thank them sincerely As we all know, when the climactic the U.S. Congress. for doing that. vote occurred, there weren’t enough STATEMENT OF THE HONORABLE CHARLIE As has been pointed out, this piece of yeses on the board to pass it. So I went NORWOOD legislation will be called the Charlie to one of the senior leaders of the ma- Mr. Speaker, I rise in support of H.R. 710, Norwood Living Kidney Organ Dona- jority party, I am not going to say the Living Kidney Organ Donation Clarifica- tion Clarification Act, and it is in which one, but I went to one of the sen- tion Act. This bill will explicitly state that honor of Congressman Norwood, the ior leaders and I said, ‘‘I think we can Americans in need of a kidney will have a late Congressman from the Tenth Dis- get Charlie Norwood to vote for this greater chance of receiving one through the trict of Georgia. bill.’’ They said, ‘‘No, you’re not going process of paired donation. Over 70,000 Americans are currently in There are over 78,000 Americans who to get Charlie to vote for the bill.’’ I need of a kidney transplant. As a result of need kidney transplants. The average said, ‘‘I think we can, if you’ll talk to significant demand and limited supply, most wait is over 4 years. Paired donation him.’’ transplantees wait for over four years before can create greater access to kidney So I went to Charlie and I said, receiving a kidney. Four years for their lives transplants. A paired donation consists ‘‘Would you talk?’’ Charlie said, ‘‘I to be saved or lost. of a transplant candidate and an in- don’t want to talk to anybody. I’m During this time, if their kidneys fail, End compatible living donor who are going to vote against the bill.’’ Stage Renal Disease can set in. These pa- tients must undergo dialysis. While dialysis matched with another similar pair so I went back and forth. I finally ar- extends patients’ lives, their condition often as to enable two transplants that ranged a meeting back in the Repub- prevents them from being fully engaged in would otherwise not occur. lican cloakroom where Charlie would their community and career. Dialysis is life- The legislation before us today clari- discuss this particular piece of legisla- extending, but not life-bettering. fies the ability to perform paired tion. Sadly, in many cases, this is where pa- transplantations through the National Now, he had been a no, no, no, no, no tients lose their battle. In 2004 alone, 3,823 Organ Transplant Act, or NOTA. This for the last 2 weeks. So when I finally transplant candidates died awaiting a kid- legislation clarifies that paired dona- got the two parties together, Norwood ney. As our population ages, that figure is going to increase. tions are not considered a valuable immediately pulled out a list from his Mr. Speaker, medical science has enabled consideration. pocket. Now, he is deceased, so what- us to perform more successful organ trans- This legislation has received the ever the statute of limitations is has plants than ever before. These transplants strong support of all the major trans- expired. And this Congressman, who give patients a new lease on life. Many Mem- plant organizations, including the had been a lean no, lean no, lean no, bers in this body or their loved ones have United Network for Organ Sharing, the had a list of 10 things, 10, that if the been touched by the lifesaving gift of organ American Society of Transplantation, senior leadership on the Republican donation, myself included. Kidney transplants from living donors tend the Association of Organ Procurement side would consider, he would consider to be highly successful, but in many cases, Organizations, the National Kidney voting for the bill. Ten. those who want to give a kidney to a loved Foundation, the American Society of Obviously, that discussion didn’t go one feel they cannot help because they are Pediatric Nephrology, the Cedars Sinai too far, so he ended up voting no. But not biologically compatible with the patient Health Systems, Johns Hopkins, and he was prepared, and he had a list of in need. the American Society of Transplant things. H.R. 710 is very simple. It clarifies that Surgeons. Now, in that same sense of being pre- paired donation is legal under the National As a consequence of the legislation pared, Mr. INSLEE has already put into Organ Transplant Act. As a result, a pair the RECORD Congressman Norwood’s consisting of a kidney transplant candidate that Congressman Norwood and Con- and an incompatible living donor can be gressman INSLEE have crafted, we as- statement on this bill. Isn’t that amaz- matched with another such incompatible sume that at least an additional 2,000 ing? I am going to read it into the pair to enable two transplants that other- organ transplants a year will occur. RECORD. This is the floor statement in wise would not occur. That is truly a gift of living that will support of this bill by the late Con- Remember those 3,823 souls and ask your- keep on giving for many, many years gressman Charlie Norwood of the 10th self—could you justify not allowing a process to come. District of Georgia. of simply cross-matching to save their lives? This legislation, unfortunately, will ‘‘Thank you, Mr. Speaker. I also offer I urge my colleagues to join me in sup- porting this legislation in memory of those be the last of many great pieces of leg- a sincere thank you to Ranking Mem- who have died waiting for a kidney as well as islation that Congressman Norwood ber BARTON, Chairman DINGELL and the thousands of Americans who are seeking helped to pass when he was a colleague Mr. INSLEE for all of their help moving a transplant or trying to become a living of ours in this body. He was a true this bill. Committee staff, including donor to save a loved ones’ life. statesman and sincerely a warm, per- Katherine Martin, John Ford and Peter Mr. Speaker, I reserve the balance of sonal friend of mine. I will miss him Goodloe should be acknowledged for my time. greatly. their aid as well. A special thank you Mr. BARTON of Texas. Mr. Speaker, Before I yield back, I want to tell a to Nick Shipley with Mr. INSLEE’s of- I yield myself such time as I may con- story about Charlie and then read fice who worked with J.P. from my sume. something into the RECORD. staff from day one as a tireless advo- (Mr. BARTON of Texas asked and Congressman Norwood always consid- cate to get this bill into law. was given permission to revise and ex- ered himself to be very prepared. He ‘‘It has been said that common sense tend his remarks.) was always ready for almost any con- is the knack of seeing things as they Mr. BARTON of Texas. Mr. Speaker, tingency. are and doing things as they ought to first, I want to thank Chairman DIN- The night that we voted the Medicare be done. Well, let me tell you how GELL and Subcommittee Chairman Modernization Act part D prescription things were being done. For years, peo- PALLONE and Ranking Member DEAL drug benefit on this floor will be a time ple missed or were delayed in an oppor- and Congressman INSLEE for expediting that will long be remembered because tunity to have a life-saving kidney consideration of this specific piece of it was such a close vote and it took so transplant simply because a member of legislation. long to get it passed. Charlie and my- the executive branch couldn’t grasp the

VerDate Aug 31 2005 03:49 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.046 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2194 CONGRESSIONAL RECORD — HOUSE March 6, 2007 true intent of the National Organ good a national list will do. Thousands Pairing of donations for kidneys makes Transplant Act’s valuable consider- will be saved through simple common all of the common sense in the world. ation clause. The valuable consider- sense. Paired donation is the way It will save lives and money. Certainly ation clause was meant to outlaw the things ought to be done. in the tradition of Charlie Norwood, it buying and selling of organs, which ev- ‘‘How often can we stand in this well will perpetuate the importance of eryone agrees is proper. on this floor and know what we are organ donations and do so in the mem- ‘‘Now, there are two types of trans- doing will save the government money, ory and in the honor of a great Member plant donors, living and cadaveric, or improve patient quality of life and save of this body. deceased. As a lung transplant recipi- lives? Not too often, Mr. Speaker. I can Mr. INSLEE. Mr. Speaker, I would ent, I benefited from the latter, but in testify to that. yield to the dean of the House whose the case of the first, a friend or a rel- ‘‘What the bureaucracy has failed to leadership helped bring this bill to the ative wanting to spare their loved ones correct, this Congress will now step up floor today, the gentleman from Michi- from death or dialysis graciously offers and take care of, unfortunately for all gan (Mr. DINGELL), for such time as he to give up one of their kidneys. Regard- of those who have not been able to ben- may consume. less of the method, both patient and efit, not a minute too soon. (Mr. DINGELL asked and was given donor must be biologically compatible. ‘‘I yield back the balance of my permission to revise and extend his re- ‘‘In recent years doctors discovered time.’’ marks.) that by using the simple database That is the floor statement of the Mr. DINGELL. Mr. Speaker, my col- methods that we use in our everyday late Congressman Norwood on a bill leagues have said strongly why this is lives and business, a paired donation that, at the time he prepared this, he a good piece of legislation and why it could take place with these living do- wasn’t sure would get to the floor. should be enacted. I strongly support nors. it, and I urge my colleagues to vote for b 1430 ‘‘In the process of a kidney paired H.R. 710, the Charlie W. Norwood Liv- donor transplant, a pair consisting of a Yet because of his tenacity and pre- ing Organ Donation Act. I am delighted kidney transplant candidate and an in- paredness and the willingness of Mr. that the Commerce Committee could compatible living donor is matched DINGELL and Mr. INSLEE and Mr. report this good piece of legislation to with another such incompatible pair to PALLONE and Speaker PELOSI, the bill the House floor, and I am pleased by enable two transplants that otherwise is on the floor. I would urge all of my the consequences of it because we will would not occur. colleagues to support this bill. I do in- achieve more help to those in need of ‘‘Now, I’m just an old country den- tend to ask for a rollcall vote and let organ donation, something which is of tist, but isn’t this just common sense? us leave a living legacy of life for the great importance to the country and to I want to give to someone, but I’m not late Congressman Charlie Norwood. those who are in such grave and serious compatible, but I can give to another Mr. Speaker, I reserve the balance of need. patient. Their willing, yet also incom- my time. Charlie Norwood wanted this bill patible, friend can give to my loved Mr. INSLEE. Mr. Speaker, I want to very badly. It is a good bill. We are de- one. As a result, two people live; two thank Mr. BARTON for reading Dr. Nor- lighted that we could bring to the more slots are opened on the list for wood’s eloquent statement into the House floor a good bill which not only even more transplants to take place. RECORD. does good but which honors its author, Common sense, Mr. Speaker. I want to note that kidney donation Charlie Norwood, by carrying forward ‘‘However, instead of every single is not just for the recipients. It is for his goals, his purposes, and his inten- transplant center undertaking this their families and the places they tions with regard to helping his fellow commonsense approach, some folks work, and even the U.S. Congress. The Americans. I am delighted we can do were denied the chance to be cross- reason we had the benefit of Dr. Nor- this for Charlie Norwood who was a matched and, instead, their loved one wood’s wisdom for years in the U.S. valuable member of the committee and suffered and even died while awaiting a Congress was because of a lung trans- who will indeed be missed by his col- transplant. plant. I want to note that what we are leagues in Congress on both sides of the ‘‘73,652. That is roughly the number, doing today is not only helping those aisle. Mr. Speaker, of people waiting for a 70,000 people, but also their families I have a longer statement which will kidney transplant. I can’t imagine and workplaces and the whole U.S. appear in the RECORD which I believe looking at any of those people and tell- economy. sets forth some of the things already ing them ‘I am sorry, some bureaucrat Mr. Speaker, I reserve the balance of said by my colleagues. I thank my good 10 years ago inspired fear around the my time. friend, the manager of the bill on this simple process to save you today, so Mr. BARTON of Texas. Mr. Speaker, side, and the former chairman of the you will have to languish on the list I yield 1 minute to the gentleman from committee, the gentleman from Texas and hope for the best.’ Georgia (Mr. DEAL), the ranking mem- (Mr. BARTON), my dear friend, for their ‘‘I will tell you what: That is hog- ber of the Health Subcommittee. leadership on this matter. wash. Times have changed. Paired do- Mr. DEAL of Georgia. Mr. Speaker, I I rise in strong support of H.R. 710, the nation is saving lives today and will thank the ranking member for yielding ‘‘Charlie W. Norwood Living Organ Donation save even more once we get this bill me this time. Act.’’ done. H.R. 710 has the support of every I too wish to express appreciation to Representative Charlie Norwood was a dear major transplant organization, from the sponsor and all of those who have friend and colleague of mine. Beginning in the United Network for Organ Sharing, made it possible to bring this bill to 1995, Charlie served the people of the tenth who will manage the national list, to the floor today. It is certainly alto- district of Georgia admirably and honorably in the surgeons who will perform the gether fitting and proper that we name the House of Representatives. Sadly, Charlie transplants, to the patient advocates this bill after the late Charlie Nor- lost his long battle with cancer on February to the hospitals. wood. 13, 2007, but he shall not be forgotten and we ‘‘In fact, a study published in the This bill does two very important will pass this legislation in his honor. Journal of Transplantation predicts a things that Charlie really believed in. H.R. 710 would modify the National Organ 14 percent increase in the live kidney The first is he believed in organ trans- Transplant Act (NOTA) to clarify that ‘‘paired’’ donor transplants performed each year plant. As Mr. INSLEE alluded, he was kidney donations do not violate a clause of the if paired donation were allowed. More- the recipient of a lung transplant that act regarding ‘‘valuable consideration,’’ which over, for each patient who receives a extended his life. He believed in organ outlaws the buying or selling of kidneys and kidney, Medicare will save $220,000 in transplants. other organs. dialysis costs. The second thing that it does is A ‘‘paired’’ donation occurs when a donor ‘‘In fact, Johns Hopkins just did a something that he really believed in as who is willing to give a kidney to a family five-way paired donation where five well, and that is overcoming bureau- member or friend, but is biologically incompat- people were saved instead of being put cratic red tape that made no common ible, donates to another patient, who also has on the waiting list. Now imagine the sense. And that is what this bill does. an incompatible donor. By cross-matching two

VerDate Aug 31 2005 05:27 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\CR\FM\K06MR7.047 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2195 or more incompatible donor-recipient pairs, tist.’’ I was sitting here thinking, I can success stories of hospitals doing just this— more patients can receive kidneys and more see Charlie saying those things on this finding pairs of living kidney donors who aren’t donors can give them. floor. That is the way he was and that matches for their own loved ones, but are Currently, an estimated 6,000 individuals is the way we remember him. He matches for someone else’s loved one. nationwide have offered kidneys to family wasn’t an old country dentist, let me Unfortunately, due to conflicting interpreta- members and friends, only to have the dona- assure you. He was a prosperous dentist tions of the National Organ Transplant Act, tion rejected because they are incompatible. in Augusta, Georgia, a population of hospitals across the country are hesitant to Many providers will not perform paired dona- 130,000, the home of the Masters; but make this type of procedure a rule—and this tions, however, for fear of violating NOTA. If that was Charlie. where the Charlie Norwood Living Kidney paired donations were allowed, a study pub- Let me join JOE BARTON, the ranking Organ Donation Act will create miracles. lished in the Journal of Transplantation by member, in thanking Chairman DIN- H.R. 710 would clarify in statute that this Johns Hopkins Hospital and the Massachu- GELL. I mentioned this bill to the type of paired living kidney donation would be setts Institute of Technology predicts that chairman last week, and he looked at allowed under Federal law. This will alleviate there would be a 14 percent increase in the me and said, Doc, and he had a little the concerns of hospitals and healthcare pro- number of live kidney donor transplants per- mist of tear in his eye, he said, Don’t viders that want to give all kidney patients the formed each year. worry about this; we are going to do hope that transplants represent but ambiguity The controversy over paired organ donation this. And I knew then that the chair- in law currently prevents. Mr. Speaker this is a win-win situation. More began with an interpretation by the Depart- man and Representative INSLEE and patients would benefit from a kidney trans- ment of Health and Human Services (HHS) others were fully supportive of what plant, thereby reducing the number of individ- stating that paired donation MAY be in viola- Charlie was trying to do. uals on the waiting list. In turn, more Ameri- If he was thinking just of himself, tion of NOTA’s valuable consideration clause. cans—both on the waiting list and off—will Mr. Speaker, this bill probably would The clause was intended to outlaw the buying have that miraculous second chance at life. or selling of transplantable human organs. say the Living Lung Organ Donation Mr. Speaker, passing this legislation will be This stigma against paired donation elicits Act, which also would be possible; but a lasting tribute to Charlie Norwood’s selfless concern within some areas of the transplant that wasn’t Charlie. He was thinking efforts to help those in need. While we all wish community, which desperately wants clear leg- about those 70,000 other people who are our friend’s lung transplant had saved his life, islative guidance on this issue. waiting for a kidney. we can honor him by giving Americans across This legislation is supported by leading Charlie himself had to wait a long our Nation greater access to the potential mir- organ donation and organ transplant organiza- time to get that lung. Too long, we acle of an organ donation. tions such as the National Kidney Foundation, think. I don’t know if it would have Mr. INSLEE. Mr. Speaker, I reserve the American Society of Transplantation, the saved his life if he would have had an the balance of my time. American Society of Transplant Surgeons, the opportunity for a paired living lung Mr. BARTON of Texas. Mr. Speaker, Association of Organ Procurement Organiza- donor, but he was thinking of others I yield 2 minutes to another distin- tions, the Organization for Transplant Profes- who were suffering, and as others have guished member of the Georgia delega- sionals, and the United Network for Organ said, to bring a commonsense solution tion, Congressman John Linder. Sharing (UNOS). to problem solving in a bipartisan way. Mr. LINDER. Mr. Speaker, I thank Paired transplantation is a way to solve the They described Charlie as a dog that the gentleman for yielding me this dilemma faced by people who want to become has got ahold of a bone and won’t let it time. living organ donors for a family member or go. Well, we can say to Charlie today, I rise in support of the underlying friend, but are unable to do so because they as part of our legacy to him, that he legislation, and in support of the mem- are biologically incompatible. And one of the has succeeded. ory and legacy of its author, my friend added benefits of this bill is that it produces Mr. Speaker, let’s support this bill as and colleague, Charlie Norwood. savings. Since Dr. Norwood was dedicated to a legacy and tribute to the great Mem- Many people may remember the story of Nicholas Greene, the 17-year- making sure that physicians were treated right ber, Charlie Norwood. old boy who was killed during a family and paid properly, we will be using this sav- Mr. Speaker, this legislation honors a dear vacation in Italy. The tragic and sud- ings to do just that. friend and former colleague in this body, the den loss of this young boy was turned I would like to sincerely thank Representa- late Congressman Charlie Norwood. Charlie into a story of hope and love when his tives Norwood and INSLEE for their leadership, worked tirelessly as an advocate for patients parents generously donated his organs. dedication, and diligent work on this important across our Nation, and this bill is a fitting trib- Out of his tragic death sprang life, as ute to the tremendous impact he’s made on legislation. I urge all of my colleagues to join seven people received Nicholas’ heart, healthcare in America. me in strong support of H.R. 710, the ‘‘Charlie liver, kidneys, corneas, and pancreatic Mr. Speaker, in this country, there are more W. Norwood Living Organ Donation Act.’’ cells. Mr. BARTON of Texas. Before I yield than 74,000 men, women and children on the If there is one lesson we can take to Dr. GINGREY, I want to thank the waiting list for a kidney transplant. Unfortu- from Nicholas’ great gift to the world gentleman from Michigan for his excel- nately, if the current trend of kidney trans- and from the strong humanitarian leg- lent leadership and his willingness to plants continues, only about half of these can- acy of Charlie Norwood, it is that we expedite this process. It is because of didates will ever receive a life-saving trans- must support life whenever we have JOHN DINGELL that this bill is on the plant. Tragically, in 2004, nearly 4,000 listed that opportunity. floor this afternoon. We on the minor- patients died while awaiting a kidney. H.R. 710 specifically excludes kidney- ity are very appreciative of that. One way for individuals to avoid the kidney paired donation from the National Mr. Speaker, I yield 2 minutes to the transplant waiting list all together is to find a Organ Transplant Act’s valuable con- gentleman from Georgia (Mr. living donor, like a friend or family member sideration clause. The valuable consid- GINGREY). who is willing to selflessly donate a kidney to eration clause has a noble purpose, (Mr. GINGREY asked and was given save a loved one. The limitation on this com- which is to keep people from buying permission to revise and extend his re- passion is that only compatible matches can and selling human organs. In the case marks.) donate kidneys; if your friends and family are of kidney-paired donation, which is Mr. GINGREY. Mr. Speaker, I thank not a match, they can’t be your donor. held to the highest of medical ethical the ranking member for recognizing But those of us who knew Charlie know that standards, that purpose is obstructing me, and I have a longer speech that I he was an excellent problem solver, always the ability to save lives. By supporting want to submit for the RECORD. I think turning challenges into opportunities. With the this bill, we can give countless people a my staff must have been looking over limited donor options individuals face within better chance for survival. the ranking member’s shoulder when their community of family and friends, patient Let me be clear: paired-organ dona- they wrote it. He has already said advocates and healthcare providers have tion does not constitute the buying or those nice things about our good pushed for living organ donors. Charlie was selling of organs. If we believe as much, friend, Charlie Norwood. convinced of the unlimited potential that could then we accept the idea that the gift of I was touched, though, in the letter be realized when the pool of living donors life has a monetary value. Charlie ve- that he received and read, the phrases would be expanded beyond one’s immediate hemently opposed this concept, and so ‘‘hogwash’’ and an ‘‘old country den- family and friends. In fact, there have been should we.

VerDate Aug 31 2005 03:49 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.022 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2196 CONGRESSIONAL RECORD — HOUSE March 6, 2007 Thousands of people die each year A couple of weeks ago I was at the Charlie Norwood to be such a saint waiting on a transplant list, praying University of Georgia, which is located today, I have got to kind of get a little for the right match for a kidney. in Athens, my hometown and in Char- bit truer picture of him. Paired donation will significantly in- lie Norwood’s district. And I met with In the Energy Policy Act debate of crease the number of available kidneys Dr. Steve Stice. He told me he is doing 2005, there was a provision in the bill each year, allowing even more people a lot of work on stem cell, and he cas- that was not controversial in the over- to live productive, healthy lives. ually mentioned that the University of all part of the bill, but it was very con- H.R. 710 honors the memory of our Georgia had cloned about 50 cattle and troversial in certain areas of the coun- friend Charlie Norwood, it honors the sheep. I could not believe they had try. One of those areas was in Charlie’s memory of Nicholas Greene and his cloned that many. area of the southeast. family, and it honors all those Ameri- But as I listened to him and all of the I had been working with him all cans who have lost their lives while technological breakthroughs that are through the debate to try to get him to waiting on a transplant list. As such, I happening in the world of science and help me forge a compromise on this urge all of my colleagues to join me in medicine today, I think what lies out particular issue, and he agreed that the passing this critically important vehi- there in organ transplant, we have not compromise was the best public policy, cle for giving the gift of life to others. even scratched the surface. There will but it wasn’t the policy that his region Mr. INSLEE. Mr. Speaker, in closing, be medical revolutions in the years to supported. So he was in a difficult posi- I want to make a point. I think this is come because of the technology that is tion of agreeing with me, the chair- a great bipartisan success, to try to out there. man, on what the good public policy improve organ donation prospects for So our laws and what we are doing was, but knowing that that was not a these 70,000 Americans. But we have today is keeping the law current with vote that he would be supported in tak- more work to do. This bill is not the the technology and with the science. ing for his region. end of our efforts. I worked for 2 years That is why it is a good thing to do I went round and round with him with MIKE BILIRAKIS, a great Repub- this. Think about Floyd Spence, our about how to convince him to support lican, to try to have people in hospitals colleague from South Carolina, who this particular item in the bill, and he work with families on transplant dona- had a lung transplant for 12 years, and just flat couldn’t do it. But I finally tion issues. We need to fund that bill, our brave Charlie Norwood. Think got him to agree that, at the critical and I hope we can have a bipartisan ef- about what they do; they educate the moment, he would not be there to vote fort to do that. rest of us. against it. In other words, he would be We have work to do to fund Our day in office for all of us will absent, meeting a constituent or some- immunosuppressant drugs. Right now, end. Either politically or biologically thing, and he just couldn’t be there. He we are not funding the drugs that or for whatever reason, but what a and I agreed on this, and our staffs had donees need to suppress the great thing it is to have that service worked it out so that when the time immunological response to donation. time in the House be used to hold a came to vote, Mr. Norwood would not So I hope we can continue to work in baton high that you can pass on to the vote ‘‘no,’’ which would make me a bipartisan fashion to help these 70,000 next generation and have true national happy, but he wouldn’t vote ‘‘yes’’ ei- Americans. We will remember Charlie impact. That is what we are doing here ther, which would have made me even Norwood’s efforts in this regard and on today. happier. He just wouldn’t vote. future successes. Mr. BARTON of Texas. How much So, sure enough, the critical moment Mr. Speaker, I yield back the balance time do I have remaining? came, and the vote occurred. True to of my time. The SPEAKER pro tempore. The gen- his word, Charlie Norwood was not Mr. BARTON of Texas. Mr. Speaker, tleman from Texas has 11⁄2 minutes re- around, but as soon as I gaveled the I yield 21⁄2 minutes to another distin- maining. vote, he burst into the room, Mr. guished member of the Georgia delega- Mr. BARTON of Texas. I, unfortu- Chairman, Mr. Chairman, could I be re- tion, Jack Kingston from Savannah. nately, can only yield 1 minute to the corded. I said, no, the vote has already Mr. KINGSTON. Thank you, Mr. BAR- gentleman from Texas (Mr. BURGESS), a expired. He said, what kind of hogwash TON, and I thank Dr. BURGESS for let- member of the committee. is this and just raised holy cane, purely ting a noncommittee member go first. Mr. BURGESS. Mr. Speaker, I thank for theatrical purposes, but you know, I appreciate the courtesy; and I wanted Mr. BARTON for the time, and I thank the point had been made. to thank Mr. INSLEE for his help on this Chairman DINGELL for bringing this So his constituency felt justified in bill and all of the work and leadership bill to the floor. This is a wonderful his support, and I felt justified in he by both parties on this. legacy for Charlie Norwood. Charlie didn’t vote against me, and yet he had If Charlie Norwood were here today, was all about clarification and com- upstaged his chairman, but in some he would be sitting there and he would mon sense. We miss him on the com- cases, that was Charlie Norwood. be embarrassed. He would be deflecting mittee. Personally, he was my mentor We rise in support of this bill. It does all of these sweet things that are being and had seen me through many issues save money. It saves $30 million or $40 said about him. But if this bill was con- on the committee. But I can think of million the first year and I think $400 troversial and was having a tough no more fitting way to close out the million to $500 million over the 10-year fight, Charlie Norwood would be right legacy of Charlie Norwood than with scoring period. So we are going to work in the middle of it and pushing it along this act that brings clarification to with the majority to find a way to put and making sure it got done and stand- Federal law and allows paired dona- these savings to use so, once again, ing up for the folks outside the 70,000- tions to proceed apace. Congressman Norwood not only is plus folks who are in line for an organ Charlie Norwood, from life hereafter, doing a good thing, providing a gift to transplant right now. That is who he has reached back to this House and de- the living, but this piece of legislation, always answered to. livered one last dose of common sense. if it becomes law, will also save the I remember the Norwood-Dingell bill Thank you, Charlie. taxpayers money. on the Patients’ Bill of Rights, how he Mr. BARTON of Texas. Mr. Speaker, I would strongly urge a ‘‘yes’’ vote on did not appreciate the leadership in our could I ask unanimous consent for 3 ad- this bill. party’s position on it, so he went out ditional minutes to tell one last Char- Mr. HOYER. Mr. Speaker, I am proud to and found alternative ways to get it lie Norwood story. support legislation by Congressman JACK INS- done. And in that case, he cobbled to- The SPEAKER pro tempore. Is there LEE that will save thousands of lives by speed- gether a bipartisan group of Democrats objection to the request of the gen- ing the kidney donation process. and Republicans to push his Patients’ tleman from Texas? By making paired kidney donation legal, this Bill of Rights because Charlie Norwood There was no objection. bill will facilitate the identification of kidney do- was a fighter, and he was always a nors and speed the process by which donors fighter for a good cause. So it is fitting b 1445 are matched with patients. In fact, this bill and proper for him to be recognized in Mr. BARTON of Texas. Mr. Speaker, could increase the number of live kidney this bill. before I close, since we have painted donor transplants performed each year by 14

VerDate Aug 31 2005 03:49 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\K06MR7.051 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2197 percent according to a study by the Journal of Whereas since its humble beginnings, Vir- The SPEAKER pro tempore. Is there Transplantation. ginia State University has responded to the objection to the request of the gen- In addition to the positive effects for kidney needs of Virginians as a dynamic institution tleman from Virginia? transplant patients, speeding the donation offering an accessible, affordable, quality There was no objection. education; process will also help reduce federal spend- Mr. SCOTT of Virginia. Mr. Speaker, Whereas with an enrollment of nearly I yield myself such time as I may con- ing. According to the Congressional Budget 5,000, VSU students live and attend classes Office, this bill will reduce Medicare spending on a beautiful 236-acre main campus with sume. for dialysis by $500 million over 10 years. more than 50 buildings, including 15 dor- Mr. Speaker, H. Res. 182 is a resolu- This legislation has a wide base of support mitories, 16 classroom buildings, and a 416- tion commending and congratulating from the medical community, including the acre agricultural research facility; Virginia State University on the occa- United Network for Organ Sharing, the Amer- Whereas the first president of Virginia sion of its 125th anniversary. H. Res. ican Society of Transplantation, the Kidney State University was John Mercer Langston, 182 was introduced by my colleague Fund, the Transplant Surgeons, and the Asso- who became the first African American from Virginia from the Fourth Con- elected to Congress from Virginia; gressional District of Virginia, Mr. ciation of Organ Procurement Organizations. I Whereas Virginia State University has an am proud to add my vote of support to this FORBES. exemplary and dedicated faculty and staff, Virginia State University was found- list. who are committed to offering their students This bill will give much needed hope to the the personal attention that smaller institu- ed on March 6, 1882, as the Virginia more than 95,000 people who are waiting for tions can offer; Normal and Collegiate Institute, mak- a life-saving organ donation. I commend Con- Whereas Virginia State University’s aca- ing it the first fully State-supported 4- gressman INSLEE for introducing this important demic programs include the Bridges to Bac- year institution of higher learning for bill. calaureate program for students transferring African Americans. Today, it is one of Mr. BARTON of Texas. Mr. Speaker, from 2-year colleges who want to major in Virginia’s two land-grant institutions. the sciences, the Ronald E. McNair Scholars The first president of Virginia State I yield back the balance of my time. Program for students planning to pursue The SPEAKER pro tempore. The University was John Mercer Langston doctoral degrees, and the Honda Campus All- who upon his election to Congress in question is on the motion offered by Star Challenge; the gentleman from Washington (Mr. Whereas Virginia State University offers 45 1890 was the first African American INSLEE) that the House suspend the baccalaureate and master’s degree programs elected to Congress and, until my elec- rules and pass the bill, H.R. 710, as within its 5 schools (the School of Agri- tion in 1992, had been the only African amended. culture, School of Business, School of Engi- American elected from Virginia. The question was taken. neering, Science, and Technology, School of In 1935, Virginia State University The SPEAKER pro tempore. In the Liberal Arts and Education, and the School founded a 2-year satellite school at opinion of the Chair, two-thirds being of Graduate Studies, Research, and Out- Norfolk, Virginia. That school today is reach), and a Certificate of Advanced Study in the affirmative, the ayes have it. known as Norfolk State University. may also be earned from each school; Today, Virginia State has an enroll- Mr. BARTON of Texas. Mr. Speaker, Whereas honors scholarships are available on that I demand the yeas and nays. to entering VSU freshmen, including the ment of nearly 5,000 students who live The yeas and nays were ordered. Presidential and Provost Scholarships; and learn on a 236-acre main campus The SPEAKER pro tempore. Pursu- Whereas in 2003 Virginia State University overlooking the Appomattox River in ant to clause 8 of rule XX and the introduced its first doctoral program and 12 Chesterfield County, Virginia. The Chair’s prior announcement, further enthusiastic students enrolled in the new school also has a 416-acre agricultural proceedings on this question will be Doctor of Education in Administration and research facility. postponed. Supervision program; The University’s academic programs Whereas in 2005 Virginia State University f include the ‘‘Bridges to Baccalaureate’’ began a vital new nursing degree program, program for students transferring from MESSAGE FROM THE SENATE an important initiative that will train nurses to meet the urgent demand for quali- 2-year colleges who want to major in A message from the Senate by Ms. fied medical professionals in the hospitals science, as well as the Honda Campus Curtis, one of its clerks, announced and clinics of Southside Virginia; All-Star Challenge and the Ronald E. that the Senate has agreed to a concur- Whereas the School of Graduate Studies, McNair Scholars Program for students rent resolution of the following title in Research and Outreach allows students, planning to pursue doctoral degrees. which the concurrence of the House is often working adults with diverse profes- Virginia State has helped set the requested: sional and educational backgrounds, to more standard for minority-serving institu- conveniently continue their education on a S. Con. Res. 15. Concurrent resolution au- tions in Virginia and across the Nation full-time or part-time basis; the school also thorizing the Rotunda of the Capitol to be by providing quality higher education provides workshops, seminars, and credit used on March 29, 2007, for a ceremony to courses on campus and at sites in Richmond, opportunities for 125 years. award the Congressional Gold Medal to the Emporia, Petersburg, Chesterfield, My family has a proud Trojan tradi- Tuskegee Airmen. Dinwiddie, Henrico, and other Southside Vir- tion. My mother attended Virginia f ginia locations; and State, my older brother is a graduate COMMENDING AND CONGRATU- Whereas Virginia State University has a of Virginia State, and I am honored to LATING VIRGINIA STATE UNI- long and rich history and has grown and have an honorary degree from Virginia changed considerably since 1882, and it con- State. VERSITY ON ITS 125TH ANNIVER- tinues that growth today, enriching indi- SARY So I congratulate Virginia State Uni- vidual lives, the surrounding community, versity on its 125th anniversary and Mr. SCOTT of Virginia. Mr. Speaker, and the Commonwealth through excellent wish them another successful 125 years. teaching and innovative and engaging pro- I move to suspend the rules and agree Mr. Speaker, I reserve the balance of to the resolution (H. Res. 182) com- grams of study: Now, therefore, be it Resolved, That the House of Representa- my time. mending and congratulating Virginia tives commends and congratulates Virginia Ms. FOXX. Mr. Speaker, I yield my- State University on the occasion of its State University on the occasion of its 125th self as much time as I might consume. 125th anniversary, as amended. anniversary. Mr. Speaker, I rise in support of H. The Clerk read as follows: The SPEAKER pro tempore. Pursu- Res. 182, a resolution to recognize the H. RES. 182 ant to the rule, the gentleman from contributions of Virginia State Univer- Whereas Virginia State University, over- Virginia (Mr. SCOTT) and the gentle- sity on the occasion of its 125th anni- looking the Appomattox River in the Town woman from North Carolina (Ms. FOXX) versary. of Ettrick in Chesterfield County, will cele- each will control 20 minutes. I want to thank the gentleman from brate its 125th anniversary in 2007; The Chair recognizes the gentleman Virginia (Mr. FORBES) and my col- Whereas Virginia State University (VSU) from Virginia. league on the Education and Labor was founded on March 6, 1882, as the Virginia GENERAL LEAVE Committee, Mr. SCOTT, for introducing Normal and Collegiate Institute, making it the first fully State-supported 4-year institu- Mr. SCOTT of Virginia. Mr. Speaker, this resolution and recognizing the im- tion of higher learning for black Americans I request 5 legislative days during portant role that Virginia State Uni- and one of Virginia’s two land-grant institu- which Members may insert material versity plays in educating young peo- tions; relevant to H. Res. 182 into the RECORD. ple from all over the world.

VerDate Aug 31 2005 03:49 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.041 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2198 CONGRESSIONAL RECORD — HOUSE March 6, 2007 As a historically black college and 125th anniversary. This resolution hon- b 1500 university, or HBCU, Virginia State ors Virginia State University’s contin- University is one of a diverse commu- ued resolve to provide an excellence in AUTHORIZING USE OF ROTUNDA nity of institutions. Historically black education since March 6, 1882. FOR CEREMONY TO AWARD CON- colleges and universities include 2- and Mr. Speaker, today we just pause and GRESSIONAL MEDAL OF HONOR 4-year institutions, public and private we say to all of the current students of TO THE TUSKEGEE AIRMEN institutions, as well as single-sex and Virginia State University, to the alum- coed institutions. To be designated a Ms. MILLENDER-MCDONALD. Mr. ni, to the faculty and to the adminis- Speaker, I move to suspend the rules historically black college or univer- tration, thank you for a job well done sity, an institution must have been es- and concur in the Senate concurrent in the pursuit of excellence that you tablished prior to 1964 with a primary resolution (S. Con. Res. 15) authorizing have done for these last 125 years. mission of educating African Ameri- the Rotunda of the Capitol to be used cans. As you may know and you have heard on March 29, 2007, for a ceremony to Mr. Speaker, HBCUs have a long, mentioned today, Mr. Speaker, Vir- award the Congressional Gold Medal to proud and well-established heritage. ginia State University is located in my the Tuskegee Airmen. These institutions have been educating district in Chesterfield County, and it The Clerk read as follows: the students of this Nation for over 100 is warmly embraced by the neighboring S. CON. RES. 15 years. While comprising fewer than 3 city of Petersburg. It was the first uni- Resolved by the Senate (the House of Rep- percent of the country’s 2-and 4-year versity to be fully funded by the Com- resentatives concurring), That the Rotunda of institutions, HBCUs are responsible for monwealth of Virginia as an institu- the Capitol is authorized to be used on producing a significant number of all tion of higher learning for African March 29, 2007, for a ceremony to award a bachelor’s, master’s and professional Americans. Congressional Gold Medal collectively to the Tuskegee Airmen in accordance with Public degrees earned by African Americans. Currently, Virginia State University Law 109–213. Physical preparations for the Congress has repeatedly recognized offers 45 baccalaureate and master’s de- ceremony shall be carried out in accordance the importance of the historically gree programs and introduced their with such conditions as the Architect of the black colleges and universities. Be- first doctoral program in 2003. This Capitol may prescribe. tween 1995 and 2006, congressional fund- campus includes 236 acres and an addi- The SPEAKER pro tempore. Pursu- ing for the Strengthening Historically tional 416-acre agriculture research fa- ant to the rule, the gentlewoman from Black Colleges and Universities Pro- cility. They host nearly 5,000 students California (Ms. MILLENDER-MCDONALD) gram rose from $109 million to $238 mil- and continue to grow. and the gentleman from California (Mr. lion, a 118 percent increase. What is It fills me with pride to stand on the MCCARTHY) each will control 20 min- more, funding for the HBCU Grad Pro- utes. gram increased from $19.6 million to House floor today to present this reso- lution. We have had a long-standing re- The Chair recognizes the gentle- $57.9 million, an increase of 195 percent. woman from California. Virginia State University, located in lationship with Virginia State Univer- Ms. MILLENDER-MCDONALD. Mr. Petersburg, VA, was originally founded sity and look forward to continuing Speaker, I yield myself such time as I on March 6, 1882, as the Virginia Nor- this through the years to come. may consume. mal and Collegiate Institute and was Mr. Speaker, this resolution comes Mr. Speaker, I urge adoption of Sen- the first fully State-supported 4-year before the House floor cosponsored by ate Concurrent Resolution 15, which institution of higher education for Af- the entire Virginia congressional dele- would authorize the use of the Capitol rican Americans and one of Virginia’s gation. Though I cannot speak for my rotunda on March 29, 2007, to present a two land-grant institutions. VSU’s colleagues, I believe I can say we are Congressional Gold Medal to members first president, John Mercer Langston, proud of the progress Virginia State of the Tuskegee Airmen. went on to become the first African University has provided through its 125 With the passage of the Civilian Pilot American Member of Congress from years of service to the students in Vir- the Commonwealth of Virginia. Training Act of 1939, Tuskegee Univer- ginia and beyond. This anniversary sity, along with various civil rights This school offers 43 undergraduate represents a significant milestone in degree programs and 15 graduate de- groups and the black press, began an the Commonwealth of Virginia’s his- gree programs. The campus is com- effort to transform Federal Govern- tory. posed of more than 50 buildings, which ment policies and procedures that ex- include a 416-acre agricultural research The university is more than worthy cluded African Americans from pilot facility. Since its founding, VSU has of this distinguished recognition for training programs. grown from a small HBCU to an insti- the impressive advancements and ac- In this initial phase, Tuskegee Insti- tution that enrolls just over 5,000 stu- complishments in their 125-year his- tute, which had a proven civilian pilot dents, 96 percent of whom are African tory, and we are honored to acknowl- training program and had a history of American. edge their achievements today. producing graduates with the highest of flight aptitude exam scores, was Mr. Speaker, it is for all of these rea- Ms. FOXX. Mr. Speaker, I yield back awarded a contract by the U.S. Army sons and more that I urge my col- the balance of my time. leagues to honor the 125th anniversary Air Corps to help train America’s first of Virginia State University and sup- Mr. SCOTT of Virginia. Mr. Speaker, black military aviators. port H. Res. 182. 125 years ago, Virginia State Univer- Between 1940 and 1946, nearly 1,000 Mr. Speaker, I now yield as much sity was founded. I want to thank my black pilots were trained at Tuskegee time as he needs to my colleague from colleague from Virginia for his leader- University. This undertaking produced Virginia (Mr. FORBES). ship in introducing this resolution, and the unrivaled Tuskegee Airmen, who Mr. FORBES. Mr. Speaker, I would I yield back the balance of my time. are credited with not losing a single like to begin by thanking Chairman The SPEAKER pro tempore. The bomber to enemy fire in more than 200 MILLER and Ranking Member MCKEON question is on the motion offered by combat missions as air escorts, a for their work in getting this resolu- the gentleman from Virginia (Mr. record unmatched by any other fighter tion to the floor. I also want to thank SCOTT) that the House suspend the group. my friend and colleague, Congressman rules and agree to the resolution, H. The Tuskegee Airmen destroyed SCOTT, for his hard work and the work Res. 182, as amended. some 260 enemy aircraft. These brave of his staff in getting the bill here and men accumulated a total of 850 medals The question was taken; and (two- also Congresswoman FOXX for her ef- for their service and valor. Tuskegee forts and her staff in helping to get H. thirds being in the affirmative) the University continues its legacy of lead- Res. 182 on the floor today. rules were suspended and the resolu- ership in aeronautics. Mr. Speaker, I rise today, as do my tion, as amended, was agreed to. Today, it is the first and only His- colleagues, to commend Virginia State A motion to reconsider was laid on torically Black College or University University on the celebration of their the table. to offer a degree in aerospace science

VerDate Aug 31 2005 04:33 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.056 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2199 engineering. Since 1983, it has produced as an experiment of the U.S. military Ms. MILLENDER-MCDONALD. On the largest number of black aerospace to test the combat readiness of the all- March 29 of this year, this Nation will engineers of any institution in Amer- black fighting squadron. Sadly, there give to its Americans, rightfully, the ica. were some at the time who expected or Congressional Gold Medal that they de- In spite of the adversity and limited perhaps even hoped that the experi- serve. opportunities, African Americans have ment would fail. Instead, the Tuskegee Ms. JACKSON-LEE of Texas. Mr. Speaker, played a significant role in the U.S. Airmen became one of the most highly I rise today in strong support of H. Con. Res. Navy and military history. The regarded units of the war, fighting 78, which authorizes the use of the Capitol Tuskegee Airmen overcame segrega- bravely with distinction. Rotunda for a ceremony to award the Con- tion and prejudice to become one of the Among the honors bestowed upon gressional Gold Medal to the Tuskegee Air- most highly respected fighter groups of them, they were awarded 150 Distin- men. I strongly support the resolution because World War II. guished Flying Crosses, 744 Air Medals, it is an appropriate and fitting tribute to one of So on March 29, 2007, the President of 14 Bronze Stars, and 8 Purple Hearts. I the greatest groups of the Greatest Genera- the United States will present the Con- proudly support authorization of the tion. gressional Gold Medal to the survivors use of the Capitol rotunda where they On July 19, 1941, the American Air Force expected to attend the ceremony, after will be recognized once more for their created an all black flight training program at which the medal will be given to the bravery and for blazing a trail, not the Tuskegee Institute in Alabama. The Smithsonian Institution and will be only in the sky, but in the history as Tuskegee Airmen were not only unique in their displayed in the future as appropriate. well. military record, but they inspired revolutionary Last year, the House and Senate Mr. Speaker, I reserve the balance of reform in the Armed Forces, paving the way unanimously passed legislation my time. for integration of the Armed Services in the brought to the floor by the Financial Ms. MILLENDER-MCDONALD. Mr. U.S. Services Committee to authorize the Speaker, I reserve the balance of my The first class of cadets began in July of Congressional Gold Medal, which be- time. 1941 with 13 men, all of whom had college Mr. MCCARTHY of California. Mr. came Public Law 109–213. The bill had degrees, some with PhDs and all had pilot’s li- Speaker, I yield as much time as he 310 cosponsors in the House and 77 in censes. From all accounts, the training of the may consume to the gentleman from the Senate. Our colleague, the Honor- Tuskegee Airmen was an experiment estab- the great State of California (Mr. DAN- able CHARLIE RANGEL of New York, has lished to prove that ‘‘coloreds’’ were incapable IEL E. LUNGREN). worked tirelessly as the lead House of operating expensive and complex combat Mr. DANIEL E. LUNGREN of Cali- aircraft. Stationed in the segregated South, the sponsor of this legislation, and he has fornia. Mr. Speaker, I rise in support of been the catalyst to ensure that these black cadets were denied rifles. this resolution authorizing the use of The Tuskegee Airmen were credited with men got their rightful spot in history. the rotunda of the Capitol for the cere- Since the House Administration 261 aircraft destroyed, 148 aircraft damaged, mony honoring the Tuskegee Airmen 15,553 combat sorties and 1,578 missions Committee has jurisdiction over mat- with the Congressional Gold Medal. I over Italy and North Africa. They destroyed or ters relating to the Smithsonian Insti- am pleased that S. Con. Res. 15 is cur- damaged over 950 units of ground transpor- tution, I am especially pleased that rently under consideration. tation and escorted more than 200 bombing language was able to be worked out in As we all know, the Tuskegee Airmen missions. ‘‘We proved that the antidote to rac- the bill which would allow the Smith- were young men who enlisted to be- ism is excellence in performance,’’ said retired sonian to accept this historic medal on come America’s first black military LTC Herbert Carter, who started his military behalf of the American people and to airmen at a time where, sadly in this career as a pilot and maintenance officer with display it as appropriate, including a country, there were many people who the Tuskegee Airmen’s 99th Fighter Squadron. location associated with the Tuskegee argued that black men lacked the nec- Clearly, the experiment, as it was called, was Airmen. essary skills or ability to be part of an an unqualified success. Mr. Speaker, I reserve the balance of effective military force. Well, the The Tuskegee Airmen were awarded 3 my time. Tuskegee Airmen effectively dispelled Presidential Unit Citations, 150 Distinguished Mr. MCCARTHY of California. Mr. that notion that in any way African Flying Crosses and Legions of Merit, along Speaker, I yield myself as much time Americans were second-class citizens. with The Red Star of Yugoslavia, 9 Purple as I may consume. Mr. Speaker, although the term Hearts, 14 Bronze Stars and more than 700 Mr. Speaker, I rise today in support ‘‘hero’’ is perhaps overused in today’s Air Medals and clusters. On February 28, of S. Con. Res. 15, which authorizes the discourse, there is no better descrip- 2006, the House passed H. Con. Res. 1259, use of the rotunda of the Capitol for tion of the Tuskegee Airmen. Not only authorizing the award of a Congressional Gold the ceremony to award the Congres- were they the first black airmen to Medal on behalf of the Tuskegee Airmen. The sional Gold Medal to the Tuskegee Air- perform as they did, but they put their President signed the legislation and it became men. lives on the line for all Americans, re- Public Law 109–213 on April 11, 2006. The I would like to thank the distin- gardless of color. concurrent resolution before us authorizes the guished chairman from New York (Mr. For that, we are all eternally grate- use of the Capitol Rotunda on March 29, RANGEL) for sponsoring the House ful and eternally in their debt; and it is 2007, for the award ceremony. version of this resolution. I would also not only appropriate, but fitting, for us I would like to thank Congressman RANGEL like to thank my Chair of House Ad- to take this step today. As one in his for his tenacity in seeing to it that the contribu- ministration for her work as well. younger years who had an opportunity tions of Tuskegee Airmen are fully recognized All of our men and women of the to meet some of these Tuskegee Air- and acknowledged by the people of the United armed services deserve our praise and men, I can tell you that they carried States. I urge my colleagues to join me in sup- recognition for the contributions they themselves with a great deal of pride in porting the resolution. have made in defense of our country. It the contribution they had made to this Ms. MILLENDER-MCDONALD. Mr. is notable that in the case of the Nation, and any conversations I had Speaker, I yield back the balance of Tuskegee Airmen they were fighting with such airmen, that is what they my time. not one but two battles. As they brave- stressed, their contribution to this Na- The SPEAKER pro tempore. The ly flew and maintained combat aircraft tion. question is on the motion offered by in World War II, these men also fought So it is fitting that we take the time, the gentlewoman from California (Ms. against the notion that somehow the as a thankful Nation, to give them this MILLENDER-MCDONALD) that the House color of their skin would affect their respect and honor them in this singular suspend the rules and concur in the ability to courageously protect our Na- way with a Congressional Gold Medal Senate concurrent resolution, S. Con. tion. and to have this done here at the cen- Res. 15. In 1941, the formation of the all Afri- ter, at the heart of our democracy, the The question was taken; and (two- can American squadron based in rotunda of the United States Capitol. thirds being in the affirmative) the Tuskegee, Alabama, a group that Mr. MCCARTHY of California. Mr. rules were suspended and the Senate would come to be known as the Speaker, I yield back the balance of concurrent resolution was concurred Tuskegee Airmen, was largely regarded my time. in.

VerDate Aug 31 2005 04:33 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.060 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2200 CONGRESSIONAL RECORD — HOUSE March 6, 2007 A motion to reconsider was laid on tional League, became the first African him to form the Negro National Base- the table. American to play in the American League in ball League. Mr. Foster is known by July 1947, was an All-Star 9 times in the f many people to be the father of the Negro Leagues and Major League Baseball, Negro Baseball League. GENERAL LEAVE and was later inducted into the Baseball Hall of Fame; For his efforts and contributions to Ms. MILLENDER-MCDONALD. Mr. Whereas John Jordan ‘‘Buck’’ O’Neil was a baseball, he was inducted into the Na- Speaker, I ask unanimous consent that player and manager of the Kansas City Mon- tional Baseball Hall of Fame in Coop- all Members may have 5 legislative archs of the Negro American League, became erstown, New York. Since 1920, many days to revise and extend their re- the first African American coach in the teams were formed to expand the Negro Major Leagues with the Chicago Cubs in 1962, marks in the RECORD on Senate Con- Baseball Leagues. He produced many served on the Veterans Committee of the Na- current Resolution 15. extraordinary players like Satchel tional Baseball Hall of Fame, chaired the Paige, ‘‘Cool Papa’’ Bell, ‘‘Double- The SPEAKER pro tempore. Is there Negro Leagues Baseball Museum Board of objection to the request of the gentle- Directors, and worked tirelessly to promote Duty’’ Radcliffe, ‘‘Groundhog’’ Thomp- woman from California? the history of the Negro Leagues; son and many others. There was no objection. Whereas the talents of such players as Presently, there are 278 members of James Thomas ‘‘Cool Papa’’ Bell and Oscar the National Baseball Hall of Fame, 18 f Charleston earned them recognition in the whom had played in the Negro League. RECOGNIZING THE CONTRIBU- Baseball Hall of Fame as well as the Sport- These greats include Willie Mays and TIONS OF THE NEGRO BASEBALL ing News List of Baseball’s Greatest Players, Jackie Robinson, who first played in but were all denied admission to the Major the Negro Leagues and then entered LEAGUES AND THEIR PLAYERS Leagues due to the color of their skin; Major League Baseball. Ms. WATSON. Mr. Speaker, I move to Whereas Minnie Min˜ oso played in the Indeed, the players in the Negro suspend the rules and agree to the reso- Negro Leagues for several years before being Leagues were of such high caliber that lution (H. Res. 162) recognizing the con- allowed to play in the Major League and was many of them later moved to other tributions of the Negro Baseball denied admission to the Hall of Fame, be- cause during his prime years, he was a vic- major leagues and enjoyed better sta- Leagues and their players, as amended. tim of racial discrimination; tistics playing there than they did in The Clerk read as follows: Whereas Autozone Park in Memphis, Ten- the Negro Leagues. H. RES. 162 nessee, has been designated to host on March The opening of the doors of the major Whereas even though African Americans 31, 2007, the inaugural Civil Rights Game be- tween World Series champions, the St. Louis leagues to Negro League players often were excluded from playing in the major is attributed to Branch Rickey, who leagues of their time with their white coun- Cardinals and the Cleveland Indians in com- terparts, the desire of many African Ameri- memoration of the Civil Rights Movement; made a bold decision to sign Jackie cans to play baseball could not be repressed; and Robinson to play for the Brooklyn Whereas Major League Baseball did not Whereas by achieving success on the base- Dodgers in 1947. Unfortunately, many fully integrate its leagues until July 1959; ball field, African American baseball players owners of Negro baseball teams could Whereas African Americans began orga- helped break down color barriers and inte- not compete in the recruitment and fi- nizing their own professional baseball teams grate African Americans into all aspects of nancial compensation for African in 1885; society in the United States: Now, therefore, be it American players, which later caused Whereas the skills and abilities of Negro many African American teams to fold League players eventually made Major Resolved, That the House of Representa- League Baseball realize the need to integrate tives— in the early 1960s. the sport; (1) recognizes the teams and players of the Some people shake their heads and Whereas six separate baseball leagues, Negro Baseball Leagues for their achieve- say that the Negro Leagues’ players known collectively as the ‘‘Negro Baseball ments, dedication, sacrifices, and contribu- came along too early. I think ‘‘Cool Leagues’’, were organized by African Ameri- tions to both baseball and our Nation; and Papa’’ Bell had it right when he said cans between 1920 and 1960; (2) requests that the President issue a ‘‘they opened the door, just too late.’’ Whereas the Negro Baseball Leagues in- proclamation recognizing ‘‘Negro Leaguers Recognition Day’’. But then it is never too late to right cluded exceptionally talented players who what has been a wrong, to create equal played the game at its highest level; The SPEAKER pro tempore. Pursu- opportunity and to open the doors for Whereas on May 20, 1920, the Negro Na- ant to the rule, the gentlewoman from tional League, the first successful Negro the Luke Easters, the Minnie Minosos, California (Ms. WATSON) and the gen- the Kirby Picketts, the Barry Bondses, League, played its first game; tlewoman from North Carolina (Ms. Whereas Andrew ‘‘Rube’’ Foster, on Feb- the Frank Thomases, and countless FOXX) each will control 20 minutes. ruary 13, 1920, at the Paseo YMCA in Kansas others who have thrilled and delighted The Chair recognizes the gentle- City, Missouri, founded the Negro National us with their skills. League and also managed and played for the woman from California. The achievement and success of Afri- Chicago American Giants, and later was in- GENERAL LEAVE can American baseball players on the ducted into the Baseball Hall of Fame; Ms. WATSON. Mr. Speaker, I ask baseball field have helped break down Whereas Leroy ‘‘Satchel’’ Paige, who unanimous consent that all Members color barriers and integrate African began his long career in the Negro Leagues may have 5 legislative days to revise and did not make his Major League debut Americans into all aspects of society. and extend their remarks. until the age of 42, is considered one of the b 1515 greatest pitchers the game has ever seen, The SPEAKER pro tempore. Is there and during his long career thrilled millions objection to the request of the gentle- This bill recognizes the teams and of baseball fans with his skill and legendary woman from California? the players of the Negro Baseball showboating, and was later inducted into the There was no objection. Leagues for their achievements, their Baseball Hall of Fame; Ms. WATSON. Mr. Speaker, in 1872, sacrifices, their dedication, and their Whereas Josh Gibson, who was the greatest Bud Fowler became the first African contributions to baseball and the Na- slugger of the Negro Leagues, tragically died American to enter organized baseball. tion. I commend the gentleman from months before the integration of baseball, At the time, Sporting Life magazine OHEN and was later inducted into the Baseball Hall Tennessee (Mr. C ) for introducing of Fame; called him ‘‘one of the best general the bill, and I urge its swift passage. Whereas Jackie Robinson, whose career players in the country. If he had had a Mr. Speaker, I reserve the balance of began with the Kansas City Monarchs of the white face,’’ they said, ‘‘he would be my time. Negro American League, became the first Af- playing with the best of them.’’ There Ms. FOXX. Mr. Speaker, I yield my- rican American to play in the Major Leagues were only a handful of black players self as much time as I may consume. in April 1947, was named Major League Base- during that time. Mr. Speaker, I rise today in support ball Rookie of the Year in 1947, subsequently By the end of the 1800s, the door to of H. Res. 162, which honors the Negro led the Brooklyn Dodgers to 6 National organized baseball was slammed shut Baseball League. League pennants and a World Series cham- pionship, and was later inducted into the to African Americans, and as a result, Those of us who love baseball relish Baseball Hall of Fame; in 1920, Andrew ‘‘Rube’’ Foster man- the comparisons between players of dif- Whereas Larry Doby, whose career began aged a Negro baseball team and orga- ferent eras that our rich statistical with the Newark Eagles of the Negro Na- nized seven other team owners to join records permit. Nobody who witnessed

VerDate Aug 31 2005 03:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.062 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2201 Hank Aaron, a Negro League alum, The baseball leagues that were re- great players, who would have led the break Babe Ruth’s home record can served for Negroes were an example of majors in stolen bases, in doubles, in deny the impact that feat had on the that. There were great players who triples, in home runs, in RBIs, or aver- game and on society. didn’t have the opportunity to perform age, as shown over the years by great The shame of racism, which afflicts and achieve until integration. Branch players like Maury Wills and Bob Gib- our country even today, prevents us Rickey of the Dodgers brought Jackie son and so many other great players from properly assessing the place in Robinson up in the 1940s, and there who got the opportunity to play and the game of Negro League players. We were great players that didn’t have show they could perform. know that some of the greatest players that opportunity. This year in Memphis on March 31, ever to pick up a bat and ball toiled in I want to tell you one story about the major leagues are having a civil those leagues. But who was better, one particular baseball player who is in rights game. The last exhibition game Josh Gibson or Johnny Bench? Satchel this resolution. He is in this resolution of the season will be in Memphis at Paige or Cy Young? Cool Papa Bell or because he deserves to be in any resolu- Auto Zone Park; it will be the Cleve- Mickey Mantle? How would the Pitts- tion about baseball, about discrimina- land Indians and the St. Louis Car- burgh Crawfords, who had six Hall of tion, and about kindness, Minnie dinals play. There will be a special Famers, stack up against the 1927 Minoso. Minnie Minoso was a Cuban, luncheon the day before the game Yankees, the best team of baseball’s African Cuban, who came to this coun- where the widows of Roberto Clemente all-white era? try. I guess he would be an African and Buck O’Neal will be honored, as Baseball today is one of America’s American. well as Spike Lee, for contributions most perfect meritocracies. If you can Minnie Minoso started his career in that baseball and civil rights have throw 92-mile-per-hour strikes or hit the Negro League, and didn’t get to the given to the growth of this country. them consistently, there is a place in Major Leagues until he was about 28 or It is somewhat ironic in a way that the game for you. 29 years of age. He had a great career. we now see what baseball did to help It wasn’t until 1890, when team own- He led the American League in triples integrate our country. And this resolu- ers began to see the potential of their and doubles and stolen bases, one time tion, which is part of the process of product, that black players began to in RBIs, received three or four Golden showing what this country has gone disappear from white teams. And then Glove awards, named to the All-Star through, is about a time when we had it wasn’t until the mid 1940s when games many, many times, and had sta- segregation. Baseball helped integrate Branch Rickey of the Dodgers decided tistics with home runs and batting av- society. It helped get little young he would rather beat the Yankees than erage at nearly .300 for his career that white kids to appreciate black players honor the unspoken agreement to keep should have qualified him for the Hall and see simple acts of kindness and see black players out of the game that of Fame. But he hasn’t gotten into the the absurdity of segregation. It gave black players returned. Hall of Fame, and he is not going to me the opportunity in 1961 in Memphis Today we understand as a Nation get in the Hall of Fame because he to go to the Lorraine Hotel, then an that talent comes in all shapes, sizes, wasn’t allowed to start in Major all-Negro institution, and see a hero and colors. Baseball taught us that. League Baseball until he was 28 or 29 and other players like Walter Bond and Negro League players taught baseball because of discrimination. Dick Powell staying in the segregated that. For that, Mr. Speaker, we are Well, in 1955, at a spring training black hotel when the Caucasian players eternally grateful. game in Memphis, Tennessee, at were at the Peabody, and see how ridic- I urge all my colleagues to join me in Russwood Park, I went to a ball game ulous is this that my hero, an All-Star, supporting H. Res. 162. in Memphis. I had had polio the pre- a Golden Glove award winner, has to Mr. Speaker, I reserve the balance of vious year, and I attended the game stay at the Lorraine Hotel which was my time. with my White Sox cap and White Sox not up to standards. Ms. WATSON. Mr. Speaker, I ask T-shirt, on crutches. A player came up Baseball has come a long way. The that the Representative from Ten- to me and offered me a baseball; I was Negro Leagues did a lot to give enter- nessee, Representative STEVE COHEN, down by the railing trying to get them. tainment to Negroes and Caucasians have as much time as he might con- The player was named Tom Poholsky, who went to those games, and gave sume. who was white. And I thanked him, but players an opportunity to play. And it Mr. COHEN. Mr. Speaker, I rise in he told me, You shouldn’t thank me. is unfortunate they had to exist, but support of H. Res. 162, which recognizes You should thank that player over they did. They gave these players a the contributions of Negro Baseball there, number 9, Minoso. Minoso gave great opportunity, from Josh Gibson, Leagues. Poholsky the ball and wanted me to the great catcher, Satchel Paige, Buck The Negro Baseball Leagues are part have it. But because of segregation in O’Neal, and so many others who are en- of our history when segregation was this country, Minnie Minoso, one of 60 shrined in the Hall of Fame in Kansas the rule, segregation was the law. It is players, they hadn’t cut the rosters yet City where there is a Negro League an unfortunate, most unfortunate part for spring training, was the only player Baseball museum. But they also gave of America’s history, part of a blemish who had the kindness in his heart to this country the opportunity to look at on the soul of America, part of the see somebody who was a ball fan who segregation for what it was, stupid, ig- blemish on the Constitution, on our couldn’t play at the time because he norant, retarded, and gave a process by laws, and the basis of the founding of was on crutches. But in a segregated which we overcame. the country. South, he couldn’t give me that ball. Sports have been a great vehicle to No Nation has a more distinguished, He couldn’t have a decent act of kind- overcome discrimination and prejudice, honorable, and respected foundation ness because of segregation. and it was done in baseball, through conceived in life, liberty, and the pur- Well, I got the ball, and I went down heroic works by Branch Rickey, heroic suit of happiness, and equal justice for with my dad and we got to know Min- at the time of Jackie Robinson who all. But in so many institutions it nie Minoso, and it started a friendship took all kinds of taunts. Now there is a wasn’t true, it wasn’t real, until about that has continued to this day. Minnie Hall of Fame and there are players in the 1960s. The work of a great Demo- Minoso was a class act, a wonderful there of both races, and you get there cratic Congress and President Johnson human being who goes beyond baseball, by talent. And that needs to happen all and others, Republicans as well in a bi- the most popular player ever to wear a throughout this society and all partisan move, overcame and repealed White Sox uniform, and a person who throughout this country. Jim Crow laws and passed amendments has given his life to baseball. But be- I was pleased to bring this resolution and laws that allowed people to use cause of the denial of segregation, not because of my experience with Minnie public facilities and to have integra- allowing him to play in the Major Minoso, my love of baseball, and the tion in this country and to give every- Leagues until he was 28 or 29, he will fact that baseball gave me an exposure body the American Dream, which had not get the respect he is due, just like to the horrors of segregation and what been denied for over 200 years in this other players in the Negro Leagues it did to my hero and a man who was country. didn’t. So many of them who were kind to me through the years, Minnie

VerDate Aug 31 2005 03:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.064 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2202 CONGRESSIONAL RECORD — HOUSE March 6, 2007 Minoso. But there were so many oth- Ms. WATSON. Mr. Speaker, I reserve League is not only a great contribution to the ers. I went to games at Martin Stadium the balance of my time. black community but also to the Nation and in Memphis, which is the home of the Ms. JACKSON-LEE of Texas. Mr. Speaker, the world. Memphis Red Sox, and it was all Negro I rise in support of H. Res. 162, which recog- Mr. Speaker, I strongly urge my colleagues players. They were great players. They nizes the contributions of the Negro Baseball to support H. Res. 162 to recognize the con- didn’t get an opportunity to show their Leagues and their players for their achieve- tributions of the Negro Baseball Leagues and skills. They later did. ments, dedications and sacrifices to baseball their players for their achievements, dedication I urge all my colleagues to support and the Nation. and sacrifices to baseball and the Nation. House Res. 162, recognizing the con- African Americans began to play baseball in Ms. FOXX. Mr. Speaker, I too want tributions of the Negro Baseball the late 1800s on military teams, college to commend Mr. COHEN for his elo- League, but at the same time reflect on teams, and company teams. They eventually quence, for introducing this resolution; how sad it was that there had to be a found their way to professional teams with and I urge all Members to support the Negro Baseball League, and to reflect white players. Moses Fleetwood Walker and passage of H. Res. 162, and I yield back upon the need to make amends, not Bud Fowler were among the first to partici- the balance of my time. just to African Americans who were pate. However, racism and ‘‘Jim Crow’’ laws Ms. WATSON. Mr. Speaker, I yield enslaved by this country’s laws and would force them from these teams by 1900. back the balance of my time. limited and punished and enslaved by Thus, black players formed their own units, The SPEAKER pro tempore. The Jim Crow laws, but at the same time to ‘‘barnstorming’’ around the country to play question is on the motion offered by think about the greatness of our coun- anyone who would challenge them. the gentlewoman from California (Ms. try and mend a fault and a tear in our In 1920, an organized league structure was WATSON) that the House suspend the Constitution and our soul and civic jus- formed under the guidance of Andrew ‘‘Rube’’ rules and agree to the resolution, H. tice, and put it together and apologize Foster—a former player, manager, and owner Res. 162, as amended. for slavery and Jim Crow, and make for the Chicago American Giants. In a meeting The question was taken; and (two- our country more whole and do the held at the Paseo YMCA in Kansas City, MO, thirds being in the affirmative) the right thing. When you are wrong, you Foster and a few other Midwestern team own- rules were suspended and the resolu- apologize. When you do evil, you do ers joined to form the Negro National League. tion, as amended, was agreed to. apologize, and you move forward. They Soon, rival leagues formed in Eastern and are different bills, and I hate to mix A motion to reconsider was laid on Southern states, bringing the thrills and inno- the table. them, but they are all part of the same vative play of black baseball to major urban story. centers and rural countrysides in the U.S., f America needs to move forward, and Canada, and Latin America. The Leagues progress has been made. We need to ap- SUPPORTING THE GOALS AND maintained a high level of professional skill preciate the past, but see where we IDEALS OF A NATIONAL CHIL- and became centerpieces for economic devel- were and move forward. And I am hon- DREN AND FAMILIES DAY opment in many black communities. ored to be with the other sponsors of Ms WATSON. Mr. Speaker, I move to In 1945, Major League Baseball’s Brooklyn this bill, I think there are hundreds of suspend the rules and agree to the con- Dodgers recruited Jackie Robinson from the them, and recognize the contributions current resolution (H. Con. Res. 62), Kansas City Monarchs. Robinson now be- of the Negro Baseball League and the supporting the goals and ideals of a Na- comes the first African American in the mod- story that baseball has played, and ask tional Children and Families Day, in ern era to play on a Major League roster. everybody in America to pay attention order to encourage adults in the United While this historic event was a key moment in on March 31 to the final exhibition States to support and listen to children baseball and civil rights history, it prompted game of the season which will be tele- and to help children throughout the the decline of the Negro Leagues. The best vised on ESPN, a civil rights game that Nation achieve their hopes and dreams, black players were now recruited for the Major will highlight the civil rights heroes and for other purposes. Leagues, and black fans followed. The last through sports, where Julian Bond will The Clerk read as follows: Negro Leagues teams folded in the early speak at a luncheon at the Peabody H. CON. RES. 62 Hotel and tell a story of integration 1960s, but their legacy lives on through the surviving players and the Negro Leagues Whereas research shows that spending and success through sports that came time together as a family is critical to rais- too late in this country’s history. Baseball Museum. The Negro Leagues Baseball Museum is ing strong and resilient kids; Ms. FOXX. Mr. Speaker, I now yield Whereas strong healthy families improve 2 minutes to my distinguished col- extremely significant because it represents the quality of life and the development of league from the State of Virginia (Mr. many of the outstanding contributions that children; TOM DAVIS). blacks made to the game of baseball notwith- Whereas it is essential to celebrate and re- Mr. TOM DAVIS of Virginia. Mr. standing their initial exclusion from the profes- flect upon the important role that all fami- Speaker, I hadn’t intended to come sional baseball league here in this country. lies play in the lives of children and their over and speak on this, but the gen- The museum was designated America’s Na- positive effect for the Nation’s future; Whereas the fourth Saturday of June is a tleman from Tennessee’s eloquence tional Negro Leagues Baseball Museum when the House passed a resolution. The museum, day set aside to recognize the importance of moved me to also add my support for children and families; and this resolution. I supported it through in the 18th and Vine Historic Jazz District, was Whereas the country’s greatest natural re- the committee process. But to also rec- founded in 1990 to commemorate an era source is its children: Now, therefore, be it ognize the contributions of the players, when many of baseball’s top players could not Resolved by the House of Representatives (the the Josh Gibsons, the Buck O’Neals perform on the game’s biggest stage, the Senate concurring), That Congress supports who, because of the bars of segregation major leagues, but instead made their own the goals and ideals of a National Children at the time, were never allowed to par- history. The museum draws about 60,000 visi- and Families Day. ticipate in what we now know as the tors a year who can view evidence of the The SPEAKER pro tempore. Pursu- Major Leagues. great contributions made to America’s favorite ant to the rule, the gentlewoman from But this resolution speaks to the fact pastime. California (Ms. WATSON) and the gen- that their contributions, that their ac- The legacy of the Negro Baseball Leagues tleman from Virginia (Mr. TOM DAVIS) tivities and their records are also an also lives on through the multitude of great each will control 20 minutes. important part of American history black and Latino players who have contributed The Chair recognizes the gentle- and of baseball history, and they greatly to the game of baseball. The contribu- woman from California. should be remembered for their con- tions of the Negro Baseball League players tributions. And that is what this reso- certainly paved the way for baseball giants b 1530 lution does. In their own ways, they such as Jackie Robinson, Hank Aaron, Willie Ms. WATSON. Mr. Speaker, the most are not only great players, great all- Mays, Roberto Clemente, and Barry Bonds. sacred institution of our society is that stars, great performers, and great ath- Hank Aaron is the Major League Baseball of the family. And within the family, letes, but they also were pioneers. And homerun record-holder because of the signifi- its most precious asset, and that is its I am proud to be here to support the cant role the Negro Baseball Leagues played children. I stand before you today ask- gentleman’s resolution. in the black community. The Negro Baseball ing that my colleagues support me in

VerDate Aug 31 2005 03:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.065 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2203 establishing a National Children and through family participation during the gentlewoman from California (Ms. Families Day. their formative years. WATSON) that the House suspend the President Bush has stated that, Young people are increasingly ex- rules and agree to the concurrent reso- ‘‘Families instill in our children val- posed to the stress and pressures of our lution, H. Con. Res. 62. ues; they shape character and are the modern society. In order to combat The question was taken; and (two- foundation of a hopeful society.’’ These these negative influences, we must thirds being in the affirmative) the are the goals for which we strive on take it upon ourselves, as a society, to rules were suspended and the concur- National Children and Families Day. It expose young people to loving and sup- rent resolution was agreed to. is the intent of the National Children porting families whenever possible. As A motion to reconsider was laid on and Families Day to emphasize the im- an example, doing a community service the table. portance of loving and stable relation- project as a family is one of the many f ships between parents, communities ways to teach children that to build a HONORING THE LIFE AND and children. community and to thrive as a society, ACHIEVEMENTS OF LEO T. I once heard a teacher ask her class, we should all share in assisting one an- MCCARTHY AND EXPRESSING What is the greatest Nation in the other. PROFOUND SORROW ON HIS world? As the students muttered the National Children and Families Day DEATH names of countries worldwide, she provides us an opportunity to recognize Ms. WATSON. Mr. Speaker, I move to pointed to her head and said, Imagina- our responsibility to create family en- suspend the rules and agree to the reso- tion. vironments that nurture the next gen- lution (H. Res. 180) honoring the life Through National Children and Fam- eration and to promote a positive envi- and achievements of Leo T. McCarthy ilies Day, I wish to cultivate and en- ronment for families across America. and expressing profound sorrow on his courage the active imaginations of I urge my colleagues to join me in death. children, for we know that from cre- supporting H. Con. Res. 62. The Clerk read as follows: ative and innovative thinking comes Ms. JACKSON-LEE of Texas. Mr. Speaker, H. RES. 180 the ability to hope and dream for a I rise in strong support of H. Con. Res. 62, Whereas Leo McCarthy was born in Auck- brighter future. which supports the goals and ideals of Na- land, New Zealand, on August 15, 1930; Creating an environment that instills tional Children and Families Day. The purpose Whereas Leo McCarthy immigrated to the important values and builds strong of H. Con. Res. 62 is to encourage adults to United States with his parents at the age of character and provides sound education listen to children and to help children through- three and settled in San Francisco, Cali- for our children is a vital national pri- out the Nation achieve their hopes and fornia; ority. With a firm foundation, children dreams, and for other purposes. Whereas Leo McCarthy earned his under- will be better able to face the chal- As Chair of the Children’s Caucus, I strongly graduate degree from the University of San Francisco and his law degree from San Fran- lenges of the future. believe that we must continue creating positive cisco Law School; As a legislator, I often find myself and effective support systems for our children Whereas Leo McCarthy served the United thinking of the countless children I so that they will become healthy, productive States in an intelligence unit of the Stra- represent whom I view as future voting citizens. To do this, we must ensure that all of tegic Air Command of the United States Air constituents. And I think of how the our children have access to quality education Force from 1951 to 1952 during the Korean policies we enact today could hinder or and healthcare. We must also give quality War; empower them 10, 15 or 20 years from time to our children. Whereas Leo McCarthy was elected to the now. Mr. Speaker, National Children and Families San Francisco Board of Supervisors in 1963 and again in 1967; This, Mr. Speaker, is why I urge my Day encourages parents to spend time with Whereas Leo McCarthy was elected to the colleagues to support National Chil- their children and to spend time together California Assembly in 1968 and served until dren and Families Day. around the dinner table. 1982; Mr. Speaker, I reserve the balance of Our young children are increasingly facing Whereas Leo McCarthy led the California my time. monumental challenges such as drug and al- Assembly with honor and distinction as its Mr. TOM DAVIS of Virginia. Mr. cohol addiction, pregnancy, depression, and Speaker from 1974 until 1980; Speaker, I yield myself such time as I obesity. We must invest the time and money Whereas Leo McCarthy instituted reforms may consume. in the necessary resources needed to help our in the California Assembly to provide more Mr. Speaker, with so many distrac- accountability and greater public access; children combat these challenges. I recently Whereas Leo McCarthy was a champion of tions in our lives today, it is important hosted a briefing, ‘‘Childhood Obesity: Factors coastal protection and secured passage of the to take a step back to acknowledge the that are Impacting the Disproportionate Preva- California Coastal Act; central role that families play in the lence in Low-Income and Minority Commu- Whereas Leo McCarthy worked to secure development of our Nation’s youth. nities,’’ to discuss the causes of, and search permanent financing for the Bay Area Rapid This resolution celebrates those as- for solutions to the childhood obesity epi- Transit (BART) system; pects found in a positive family atmos- demic. Eating dinner at the dinner table with Whereas Leo McCarthy was elected Lieu- phere which promotes healthy and parents is one of the suggested ways children tenant Governor of the State of California well-adjusted young men and women. three times, serving from 1982 through 1994; may develop healthier eating habits. Whereas Leo McCarthy established the It is true that the children are our According to research by The National Cen- Feminization of Poverty Task Force, com- future, and the strength of our country ter on Addiction and Substance Abuse (CASA) prised of women leaders from business execu- has been and will continue to be built at Columbia University, the more often chil- tives to former welfare recipients to develop on families providing educational, so- dren eat dinner with their families, the less ways to overcome economic barriers that cial, ethical and moral guidance to our likely they are to smoke, drink or use drugs. confront women; children. The research suggested that the conversa- Whereas Leo McCarthy helped implement The devotion of time is one of the tions that go hand-in-hand with dinner will help the Greater Avenues for Independence (GAIN) program to help welfare recipients most important things we can do to parents learn more about their children’s lives help maintain a positive family envi- move into the workforce; and better understand the challenges they Whereas Leo McCarthy collaborated with ronment. And while it may be difficult face. business leaders and advocates to publish to find time in our hectic schedules, Mr. Speaker, I strongly urge my colleagues ‘‘Child Care: The Bottom Line’’ to educate things as simple as playing with edu- to support H. Con. Res. 62 to support the businesses about the economic and produc- cational toys, reading together or vis- goals and ideals of a National Children and tivity benefits of employer-provided child iting an age-appropriate museum will Families Day. care; stimulate a child’s curiosity that will Mr. TOM DAVIS of Virginia. Mr. Whereas Leo McCarthy sponsored the be beneficial throughout their lives. Speaker, I yield back the balance of Nursing Home Patients’ Protection Act, Also, something as easy as slowing which made landmark improvements in the my time. treatment of patients in nursing homes; down enough to take the time to listen Ms. WATSON. Mr. Speaker, I yield Whereas Leo McCarthy drafted and spon- to one another, maybe by having din- back the balance of my time. sored a resolution declaring breast cancer an ner as a family whenever possible is a The SPEAKER pro tempore. The epidemic in California and called for Federal time tested way to nurture a child question is on the motion offered by action;

VerDate Aug 31 2005 03:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.069 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2204 CONGRESSIONAL RECORD — HOUSE March 6, 2007 Whereas Leo McCarthy sponsored the their life to serve the public. I stand today after learning about his recent Mammography Quality Assurance Act to before you to honor an individual who, death. create new standards governing mammog- for over 30 years, dedicated his life to Throughout his political career, he raphy facilities and technology; public servitude, former California worked tirelessly on issues such as Whereas Leo McCarthy worked to promote minority and women-owned businesses, pub- Lieutenant Governor, Leo T. McCar- coastal protection, nursing home re- lishing and distributing 100,000 copies of the thy. form, breast cancer awareness, female- award-winning guide, ‘‘Starting and Suc- Lieutenant Governor McCarthy was owned small businesses, financing for ceeding in Business: A Special Publication one who valued what was best for all of the Bay Area Rapid Transit System, for Small, Minority, and Women-Owned Californians, not just those that were employer provided child care and the Businesses’’; of means and access. Much of this can prevention of hate crimes, just to name Whereas Leo McCarthy established the be attributed to McCarthy’s humane a few. Task Force on the Seriously Mentally Ill to beginnings as the child of a poor immi- He was born in Auckland, New Zea- develop an alternative service delivery sys- land and emigrated with his family to tem to assist Californians suffering from se- grant family. It was during the time vere mental illnesses; McCarthy’s father, Daniel, opened a California at the age of 4. The son of an Whereas Leo McCarthy sponsored the pub which became the community Irish bar owner, he was raised in San Chemical Safety Act to facilitate toxic haven for the local Irish Catholic popu- Francisco’s Mission district and at- waste prevention and cleanup; lation, that young McCarthy became tended St. Ignatius College Pre- Whereas Leo McCarthy established the smitten with service. In his youth, paratory. Lieutenant Governor’s Commission on the McCarthy engaged in many service-ori- Before his political life began, he Prevention of Hate Violence to investigate ented activities, which included early served his country proudly in the Ko- the causes of hate crimes and identify inno- rean war in the U.S. Air Force. He vative ways of promoting tolerance; studies for the priesthood and service Whereas Leo McCarthy, serving as acting within the United States Air Force. earned his undergraduate degree from Governor, led the State of California through After earning his law degree, he the University of San Francisco and the initial turmoil of the 1989 Loma Prieta began a career in politics that spanned his law degree from San Francisco law earthquake; over three decades. He served first as a school. Whereas Leo McCarthy served on the Uni- member of the California Board of Su- He began his political career as the versity of California Board of Regents and pervisors and, in 1968, won a State as- youngest member of the San Francisco the California State University Board of sembly seat, where he eventually as- Board of Supervisors in 1963 before Trustees; sumed the role of Speaker. serving on the California Assembly Whereas Leo McCarthy was twice a can- from 1969 to 1982. He honorably led the didate for the United States Senate; During his tenure in the California Whereas Leo McCarthy was appointed to Assembly, McCarthy instituted a num- California Assembly as its Speaker the National Gambling Impact Study Com- ber of reforms. He reduced the number from 1974 to 1980. He was elected to a mission; of oversight committees, provided record three terms as Lieutenant Gov- Whereas Leo McCarthy was a beloved men- members with bill analysis for floor ernor before retiring from politics in tor to generations of public servants; sessions and provided more account- 1994. While serving as Lieutenant Gov- Whereas Leo McCarthy founded the Leo T. ability and greater public access. ernor, he instituted reforms to provide McCarthy Center for Public Service and the Leo McCarthy was a man on a mis- more accountability and greater public Common Good at the University of San access. Among his work, he established Francisco; sion, and in 1982, he ascended to what Whereas Leo McCarthy was, for 51 years, would become the pinnacle of his polit- the Feminization of Poverty Task the beloved husband of Jacqueline Burke ical career, the role of Lieutenant Gov- Force comprised of women leaders McCarthy; ernor of the State of California. As from business executives to former Whereas Leo McCarthy was the father of Lieutenant Governor, McCarthy want- welfare recipients to develop ways to two daughters and two sons, and grandfather ed to unify the differing socioeconomic overcome economic barriers con- of 11; and cultural climates of the State. He fronting women. He also supported the Whereas Leo McCarthy earned the highest established the Feminization of Pov- Greater Avenues for Independence Pro- respect of the people of California for his gram to help welfare recipients enter record of accomplishment on their behalf; erty Task Force, which was comprised and of women from all walks of life to de- the work force. Whereas the House of Representatives has velop ways to overcome economic bar- After retiring from politics in 1994, learned of the death of Leo McCarthy on riers common amongst women and his passion and dedication to public February 5, 2007: Now, therefore, be it girls. service continued with the creation of Resolved, That the House of Representa- He also enacted legislation to better the Leo T. McCarthy Center for Public tives—— regulate nursing home patients and en- Service and the Common Good at the (1) expresses its profound sorrow and deep sure that women had the best possible University of San Francisco. The goal condolences to the McCarthy family on the of the center is to inspire and equip occasion of the death of Leo McCarthy on preventive care. He was an advocate for February 5, 2007; and minority and female-owned businesses, students for lives and careers of ethical (2) directs the Clerk of the House of Rep- and coerced business leaders into un- public service and serving others. Since resentatives to transmit a copy of this reso- derstanding the economic benefits of its inception in the fall of 2001, the lution to the family of Leo McCarthy. work site child care facilities. McCarthy Center has initiated several The SPEAKER pro tempore. Pursu- When asked to reflect about his years programs including academic courses, ant to the rule, the gentlewoman from in the public sector, Leo McCarthy public panels, internship programs and California (Ms. WATSON) and the gen- said, ‘‘I was lucky. I was in a position faculty-led projects that engage stu- tlewoman from North Carolina (Ms. to make a contribution. I felt very for- dents in the analysis of social and po- FOXX) each will control 20 minutes. tunate to have played a role. Some litical issues. Leo McCarthy’s leader- The Chair recognizes the gentle- days were miserable, and some un- ship in the center spread inspiration woman from California. happy, but there were a lot of days that throughout all the students and staff GENERAL LEAVE were great. There was a sense of satis- involved. It exemplified his dedication Ms. WATSON. Mr. Speaker, I ask faction and being helpful to people.’’ to his community and to the greater unanimous consent that all Members Mr. Speaker, I urge all my colleagues good. He will be greatly missed by all may have 5 legislative days in which to to support this resolution. those who knew him and worked with revise and extend their remarks. Mr. Speaker, I reserve the balance of him. The SPEAKER pro tempore. Is there my time. I ask all Members to join me in sup- objection to the request of the gentle- Ms. FOXX. Mr. Speaker, I yield my- port of this resolution. woman from California? self as much time as I may consume. Mr. Speaker, I reserve the balance of There was no objection. Mr. Speaker, Leo McCarthy was a my time. Ms. WATSON. Mr. Speaker, public dedicated public servant and long time Ms. WATSON. Mr. Speaker, I ask service is the cornerstone of living de- political force in the San Francisco that the author of the bill, Representa- mocracy. That said, I do fervently be- area for decades. It is with sad news tive ANNA ESHOO from California, be lieve it takes a special person to give that we speak about him on the floor given 51⁄2 minutes to speak.

VerDate Aug 31 2005 03:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.045 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2205 Ms. ESHOO. Mr. Speaker, I thank my been 30 Jesuits on the alter, the arch- Ms. WATSON. Mr. Speaker, I request distinguished colleague and my col- bishop of San Francisco, the former that Representative JIM COSTA of Cali- leagues on the Republican side of the bishop of Oakland, and the auxiliary fornia speak for 2 minutes. aisle for being here today to pay trib- bishop, John Westor, all there to pay Mr. COSTA. Mr. Speaker, I thank the ute to really a great and very good tribute to Leo McCarthy. That Center Chair, ranking members, and col- man, Leo McCarthy. for Public Service and the Common leagues, especially those who, like my- I had the pleasure of knowing Leo for Good spoke of Leo’s desire to help stu- self, from California had an oppor- many, many, many years. He was not dents get involved in public policy at tunity to serve with Leo McCarthy. only my mentor; he was my friend. He the State, at the Federal, and the local Leo McCarthy, as has been said, put was dear to my family. But he inspired levels. faith, family, and service as the pre- me in public service. I had the privilege Leo McCarthy had a singular friend eminence in his life goals, and he lived of serving as his chief of staff of his dis- that loved him in unquestioned ways. them every day by example. trict office, which was in San Fran- He was his aid when Leo first went to Leo McCarthy was Speaker when I cisco, at the time, and I learned so Sacramento as a member of the State was first elected to the State Assembly much from him. legislature. He then was elected in his in 1978. Those were heady days in Cali- There are so many times, my col- own right to the State legislature. He fornia, and Speaker McCarthy had a leagues, that the closer we get in terms then went on to become the mayor of contentious caucus that he had to of view of someone, the less we may San Francisco. And that man is Art work with among younger members like what we see. With Leo McCarthy, Agnos. Every single day of Leo’s too who thought that they oftentimes the closer I got, the more I saw, the long illness, which marked all of last knew better. But I can tell you that more my respect for him was deepened. year, and at all other times in his life from the lessons I learned firsthand but especially during that difficult from Speaker McCarthy, later to be b 1545 time, Art Agnos was by Leo’s bedside our Lieutenant Governor, was that of He was a man of the fullest integrity. every day, every night. being a quintessential legislator. He He was an honest man. An honest man. So, Mr. Speaker, I want to conclude believed in process, he believed in And he made everyone proud of his by thanking all the members of the transparency, he believed in account- service to people not only in his be- committee for passing the resolution. ability, and he believed in working in loved city of San Francisco but in the It will mean a great deal to the family. bipartisan fashions to solve problems entire State of California. I think he I thank Josh Andrews in my office. I for people of California. And because of helped to make California more golden thank all of my colleagues. I know this those facts, Leo McCarthy’s speaker- of a State. will mean a great deal to the family. ship was successful. He was a policy wonk. He knew ex- And I say to whomever is listening I was part of a group that ended up in actly why he had gone into government in, God rest Leo McCarthy’s noble soul. what often happens within political service. In all of his years serving on Ms. FOXX. Mr. Speaker, I yield such families, a difficult speakership fight, the board of supervisors in the city and time as he may consume to my distin- and I chose for various reasons not to county of San Francisco to his election guished colleague from the State of support Speaker McCarthy. Nonethe- to the assembly, the California Assem- California (Mr. LEWIS). less, we travailed for over a year. Dur- bly, to his elevation as Speaker of the Mr. LEWIS of California. Mr. Speak- ing that entire time, Leo maintained California Assembly, and then the time er, I thank very much my colleague for class and maintained dignity and at- yielding me this time. that he served as Lieutenant Governor, tempted to still reach out and bring I am very, very appreciative of this political writers, the people that he the caucus back together. resolution being on the floor today. A That was not to be, but his legacy served, the counties throughout our phrase oft used in the West would sug- was the fact that he always, always State, 58 counties and the people that gest that you should ‘‘bring us men to treated people the way he wanted to be live in them, knew that Leo match our mountains.’’ And in Cali- treated himself. And for that I would McCarthy’s word was golden, that he fornia such men have made truly a like to join with my colleagues in the was there to serve them and that that magnificent difference in the way the memory of a tremendous public serv- is what motivated him. far West was developed. Leo McCarthy ant, not only in California but He was a great family man. All the certainly was at the top rank of those throughout our country, Leo T. McCar- years that he served in Sacramento, he leaders. thy. drove home every single evening to be I first met Leo McCarthy when he Ms. FOXX. Mr. Speaker, I yield such with his family in San Francisco. It and I were elected to the State legisla- time as he may consume to my distin- was really the measure of the man. The ture together. We were classmates and guished colleague from the State of love of his life was Jackie McCarthy, colleagues and friends. A supervisor California (Mr. DREIER). and he always said that she did the and assemblyman, became Speaker of (Mr. DREIER asked and was given hard work because she was at home the House, Lieutenant Governor of our permission to revise and extend his re- raising four extraordinary children: State, a magnificent leader who abso- marks.) Sharon, Conna, Niall, and Adam. I wish lutely wallowed in the business of pub- Mr. DREIER. Mr. Speaker, I rise in all of my colleagues could have heard lic policy. He cared about making a dif- strong support of this resolution. these four adults pay tribute to their ference on a number of issues across And I want to thank my very distin- father at St. Ignatius Church at the the spectrum of those issues that im- guished colleague ANNA ESHOO for au- magnificent funeral mass that was in pact people’s lives. He was a guy who thoring this, and I want to congratu- celebration of his good life. was devoted to his family, as has been late my California colleagues on both He was a man filled with faith, and suggested, but also devoted to public sides of the aisle for once again coming he served at a very early time in the service. together to recognize public service. minor seminary. And he said to me one As we pay tribute to Leo McCarthy Mr. Speaker, I never had the oppor- day, Anna, that didn’t last too long. today, let us seek other men and tunity to serve in Sacramento, but I And I responded to him, Leo, it lasted women who would so serve, for, indeed, did know Leo McCarthy to be an ex- a lifetime. Because he blended his faith he is an example of the very best traordinary public servant. And one of with the service that he gave to people among us and reflects the best of our the things that is very moving, as I lis- and he was rooted in it. public affairs. tened to the remarks of my colleague When he left public life, he went on, Let me say that probably most im- from Highland, Mr. LEWIS, who was and in the latter years of his all too portant to me over the years was the elected with Governor McCarthy in short life, I think, I always wanted Leo fact that Leo, while he played a very 1968 to the California State legislature to live forever, he founded a center at significant partisan role, absolutely and as I listened to ANNA ESHOO, who I the University of San Francisco, his knew in his soul that real solutions did had no idea she was his district office alma mater that he loved so much. And not come by way of partisan confronta- representative, I was reminded of the during the funeral mass, the Jesuits tion. A magnificent leader who I am fact that public service is a very impor- paid tribute to him. There must have proud to say was my very good friend. tant calling. And as I listened to Ms.

VerDate Aug 31 2005 05:27 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.072 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2206 CONGRESSIONAL RECORD — HOUSE March 6, 2007 FOXX outline the service record, al- pects of his public career and, I think, roes proclaims, ‘‘He will be buried in though I suspect she never met Leo of his personal life: probity, energy, peace, but his name lives forever, as McCarthy, she went through his ex- and a tremendous level of integrity. people recount his wisdom.’’ traordinary accomplishments. This was a very unusual public serv- Leo’s great wisdom was in knowing As a legislator, I am reminded of the ant. He cared deeply about the public that the future of his children, Sharon, fact that we need to recognize that we interest, about policy, about learning Conna, Adam and Niall, was linked to are here to do the people’s business. what needed to be known to be effec- the destiny of all children. There were Yes, we need to have that clash of tive and advocating for policies, about many years when, as the most senior ideas. Yes, it is important that we en- building legislative consensus, and Democrat in California politics, Lieu- gage in vigorous debate. But at the end about making things happen. tenant Governor Leo McCarthy was the of the day, we are here to accomplish During the 5 years that he was main person standing between drastic very important things for the people Speaker in the State Assembly, I had cuts to benefits for our children, the el- whom we are honored to represent. the honor of being for 41⁄2 of those 51⁄2 derly and the disabled. It was in 1963, as has been pointed years his majority floor leader. The Leo took seriously the responsibility out, that he first ran for the County end of our legislative careers wasn’t to carry the banner of the Democratic Board of Supervisors, and I will say I quite as good as the start of it because Party, as he advanced social and eco- learned not only that ANNA ESHOO was we ended up in a speakership fight that nomic justice. As Speaker of the State his district representative, I had heard got rather out of control and 11 months Assembly House and Lieutenant Gov- that he was from New Zealand origi- of battle. I think of speakership fights ernor, Leo promoted a values-based nally, but then when I heard he was in California as war by other means, agenda to educate our children, grow from Auckland, I was of course re- and that is what we had during that our economy and protect our environ- minded of the old story about the guy time. And, unfortunately, after that ment. He did so living up to the highest who got on an airplane to go to Oak- time while our relationship was civil ethical standards, and he always strove land, California, and ended up in Auck- and friendly, it was never as close as it to act in a bipartisan way. land, New Zealand. And it sounded like was before. Leo’s word was his bond. And when Leo McCarthy actually took the re- he promised that he would protect our b 1600 verse route, and I wondered how many seniors and stand up for California’s times he was headed to Oakland that I have never met anybody who made magnificent coastline, he kept his people might have thought that he was his fundamental decisions on what leg- word. In fact, Leo was so scrupulously going home to Auckland. islation to prioritize, what to push principled and honest that there are But the fact is I had great regard for based on a focus on the public interest those of us who thought he must be Leo McCarthy, and I wondered why without regard to what a particular wearing a Boy Scout uniform under his anyone would leave New Zealand, be- lobbyist or a particular specialist business suit. What was under there cause it is a spectacular spot. In fact, I might push, with a level of integrity was a heart of gold. And really, in all have said on more than a few occasions and with a level of energy, it has al- of the testimonials that followed Leo’s if I didn’t have the opportunity to live ready been referenced in terms of his passing, I said he had the heart of a in the United States of America, New career, that was really unique in public lion; they said he was a lion. Zealand would be the spot that I would office. He really was a very fine man, a Leo opened public service to so many live in. very youthful man. In fact, his passing Californians, opening up the Demo- But having said that, I will simply is so tragic because of that youth and cratic Party and welcoming in the say that my colleagues, Republican vigor that he always exhibited. grassroots. As a former staffer of his and Democrat alike, had great regard Ms. FOXX. Mr. Speaker, I urge all said, Leo liked to take chances on tal- for Leo McCarthy and his extraor- Members to support the passage of H. ent. From him they got not only their dinary public service to the people of Res. 180, and I yield back the balance of start but also their ethics, how to look California. my time. after their family, their community May God rest his soul, and our Ms. WATSON. I request that the and their country at the same time. thoughts and prayers are with his won- Speaker take as much time as she de- He also encouraged the next genera- derful family members. And I know sires, Mr. Speaker. tion of leadership through his work at that one of the things Leo McCarthy Ms. PELOSI. Mr. Speaker, I thank the University of San Francisco as said when asked the question what his the gentlewoman for yielding. To both head of the Leo T. McCarthy Center for greatest accomplishments would be, he of them, thank you for bringing this Public Service and the Common Good. said it was his family, and so our resolution honoring Leo McCarthy to Leo helped to give me my start, en- thoughts and prayers are with them. the floor. He was a very special person couraging me not only to support can- Ms. WATSON. Mr. Speaker, I request to us, and I thank you. Congresswoman didates but to run in my own right. I 21⁄2 minutes for Representative HOWARD ESHOO, thank you for your leadership consider him both a dear friend and a L. BERMAN from California. in bringing this as well. purposeful mentor. Mr. BERMAN. Mr. Speaker, I thank I am pleased to join my California He made my first run for Congress a my colleague Ms. WATSON for yielding colleagues, and others, in singing the family affair, with my children work- me this time. praises of one great man, Leo McCar- ing alongside his children to elect me I came to Sacramento as a State as- thy. to Congress. I said, again, he had a semblyman, elected in 1972, began my Mr. Speaker, in the Book of Eccle- heart of gold, he also had the heart of service in 1973, and had never known siastes, there is a chapter known as the a lion which sustained him through his Leo McCarthy or met him before that Eulogy of Heroes; its words could be illness. With all the strength that he time. Already in the California Assem- used to describe Leo McCarthy. could muster and a clear mind, he gave bly, a speakership fight was brewing ‘‘Now let us praise great men, the he- me sage counsel and wise instruction, between Leo McCarthy and sort of the roes of our nation’s history, through as the eulogy said, through this last favored candidate over the vacancy whom the Lord has established His re- campaign, always reminding me that it which would occur when the Speaker nown and revealed His majesty. Some was necessary to win in order to keep at that time was planning to run for were sage counselors who led the peo- faith with the American people. And I Governor and would be giving up his ple by their counsel and by their know he took special joy in our vic- seat. In the course of the year and a knowledge of the law; out of their fund tories in November, indeed, they were half between the time I came to Sac- of wisdom, they gave instruction. They his victories as well. ramento and the time that I voted for were men of loyalty, whose good deeds Leo was optimistic to the end. And as Speaker, I got to know someone who have not been forgotten.’’ recently as Saturday night, which was was particularly unique in terms of I know that all who knew Leo McCar- the Saturday night before he passed, I public office and public service. thy knows how fitting that description spoke to him and he said, My morale is I would say three words characterize is of him. Leo McCarthy was indeed high. I am home with Jackie, that is the service of Leo McCarthy in all as- such a person. And as the Eulogy of He- his wife, and my children and my

VerDate Aug 31 2005 05:27 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.074 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2207 grandchildren are with me. More than There was no objection. He also worked to promote tolerance by es- anything, Leo loved his family, his wife Ms. WATSON. Mr. Speaker, I request tablishing the Lieutenant Governor’s Commis- Jackie, his children and grandchildren. 2 minutes for the gentleman from Cali- sion on the Prevention of Hate Violence. My husband Paul and I and my entire fornia, BRAD SHERMAN. After leaving the political field, Leo contin- family extend our deep sympathy to Mr. SHERMAN. Mr. Speaker, I want ued to serve the community by founding the Jackie, Sharon, Conna, Adam and to thank Congresswoman ESHOO for of- Leo T. McCarthy Center for Public Service Niall. Again, I hope it is a comfort to fering this important legislation that I and the Common Good at the University of them that so many people mourn their am proud to have cosponsored, hon- San Francisco. loss, sing Leo’s praises and are praying oring the life and achievements of Leo This Center, where young men and women for them at this sad time. McCarthy and expressing the sorrow of can learn and be inspired to pursue a life and Mr. Speaker, Leo McCarthy will be the House of Representatives on his career of ethical public service, is a fitting leg- buried in peace, but his name lives for- death. acy for a man whose life was devoted to serv- ever as people recount his wisdom. The resolution properly recounts and ing the community. Ms. WATSON. Mr. Speaker, I request reflects Leo’s many accomplishments, Leo McCarthy is survived by his wife, Jac- 2 minutes for the gentleman from Cali- a lifetime dedicated to effective service queline, their four children and eleven grand- fornia, SAM FARR. on behalf of the people of California children. Our thoughts and prayers are with Mr. FARR. Mr. Speaker, I am one of and of the United States. Yet Leo them. the Members that served with Leo McCarthy’s life was much more than Mr. BACA. Mr. Speaker, I rise today to McCarthy. I was a member of the Cali- the titles he earned and the awards he voice my strong support for H. Res. 180. This fornia legislature. And like Speaker accumulated. He was a loving husband bipartisan resolution honors the life and PELOSI, he was the one who convinced to Jacqueline, his wife of 51 years, and achievements of Leo T. McCarthy, and ex- me, when I was a young staff member a father of four children and 11 grand- presses profound sorrow on his recent death. working for the California legislature children. When Leo McCarthy died on I want to thank my friend and colleague in 1975, that I ought to return to my February 5, he also left a world of from California, Representative ESHOO, for district and start running in public life friends. sponsoring this resolution. for politics. And that is what got me It is fitting that my colleagues have Leo McCarthy was many things in his life. into being a county supervisor, and the obtained the opportunity to speak of He was an airman, a politician, and a life-long rest is history. Leo’s many outstanding personal ac- public servant. But above all things, he was a But serving with Leo McCarthy in- complishments and his qualities, his decent and compassionate man. deed is distinction for all the reasons loyalty, his friendliness, his wise coun- Leo was first elected to the California As- talked about. But I loved his youthful sel. Those of us who knew Leo knew sembly in 1968. energy. The shock of Leo McCarthy He served with honor and distinction as its dying is that he never looked old, never these qualities well. As Speaker of the California Assem- Speaker from 1974 and 1980 and went on to seemed old. He always had the energy serve as Lieutenant Governor of California for of youth; looked young; and just was a bly for 6 years, and then during his un- precedented three terms as Lieutenant three terms. remarkable person. He twice ran for Leo’s accomplishments in office express the the United States Senate. And doing Governor, Leo was responsible for path-breaking legislation such as the compassion and love he possessed for his fel- that in California is indeed a tough low man. problem because the State is so big, so California Coastal Act and the Nursing Home Patients Protection Act. He led His leadership helped change the way Cali- expansive, and it requires so much fornia looked at issues like child care, breast time, and Leo would never abandon his the way toward implementation of im- portant initiatives to educate business cancer research, elder care, and treatment for family. the mentally ill. I remember, Leo was born in Auck- on the value of employer-provided health care and programs to help wel- Beyond his professional work, he was a lov- land, New Zealand, and I remember ing family man, and dedicated friend and men- going on a trip to Auckland, New Zea- fare recipients move into the work- place. tor to countless of my California peers. land with him. He was welcomed home I urge my colleagues to honor the life of this Leo was a charitable man who en- as a town hero. He pointed out that be- good man. May he rest in peace. cause he was born in that town, he couraged public service through his Ms. WATSON. Mr. Speaker, I yield could never run for President of the contributions and his service at the back the balance of my time. United States, not being a native born. University of San Francisco and as The SPEAKER pro tempore. The I also traveled with him to Canada, head of the Leo T. McCarthy Center for question is on the motion offered by when we went on several of the com- Public Service and the Common Good. the gentlewoman from California (Ms. I join in expressing the profound sor- munications issues. And I remember WATSON) that the House suspend the him so devoted to Jackie that he took row of this House and in offering my rules and agree to the resolution, H. all his life savings to make sure that personal condolences to the McCarthy Res. 180. Jackie could have a wonderful coat family on Leo’s death. Our prayers are The question was taken; and (two- that she wanted, and I know that she with all of you who mourn Leo McCar- thirds being in the affirmative) the still has that. thy. rules were suspended and the resolu- Ladies and gentlemen, Leo McCarthy Ms. LORETTA SANCHEZ of California. Mr. tion was agreed to. was the kind of person you want in Speaker, I rise today to honor the life of Leo A motion to reconsider was laid on public life. And indeed, California is McCarthy, former Lieutenant Governor of Cali- the table. fornia, who passed away last month after a better off for having him serve. It is a f great State, and he made it greater. He long illness due to a kidney ailment. produced a lot of us that are serving in Born in New Zealand, Leo began his lifetime ANNOUNCEMENT BY THE SPEAKER Congress. And certainly, almost like a of public service for his adopted country as a PRO TEMPORE daughter, ANNA ESHOO, the author of member the United States Air Force Strategic The SPEAKER pro tempore. Pursu- this resolution, and NANCY PELOSI, Air Command in the Korean War. ant to clause 8 of rule XX, proceedings Speaker of the House, he has a lot to be His political service began in 1963 when he will resume on motions to suspend the proud of. We are very proud that we was elected to the San Francisco Board of rules previously postponed. were able to work for him, serve for Supervisors, and later to the California Assem- Votes will be taken in the following him and be in public life with him. bly, where he had the honor and distinction of order: All our condolences go to Jackie and serving as speaker from 1974 to 1980. H. Res. 98, by the yeas and nays; the family. In 1982 he was elected Lieutenant Gov- H. Res. 149, by the yeas and nays. Ms. WATSON. Mr. Speaker, I request ernor—a position he held until 1994. The vote on H.R. 710 will be taken to- unanimous consent to extend the time Leo’s dedication to his community was clear morrow. of debate 2 minutes. from the diversity of issues on which he The first electronic vote will be con- The SPEAKER pro tempore. Is there worked: from assisting welfare recipients, to ducted as a 15-minute vote. The re- objection to the request of the gen- increasing breast cancer awareness, to finding maining electronic vote will be con- tleman from California? ways to stop toxic contamination. ducted as a 5-minute vote.

VerDate Aug 31 2005 05:27 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.076 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2208 CONGRESSIONAL RECORD — HOUSE March 6, 2007 HONORING THE LIFE AND Latham Nunes Shea-Porter MOMENT OF SILENCE IN MEMORY ACHIEVEMENTS OF THE LATE LaTourette Oberstar Sherman OF FORMER U.S. SENATOR Lee Obey Shimkus DR. JOHN GARANG DE MABIOR Levin Olver Shuler THOMAS F. EAGLETON The SPEAKER pro tempore. The Lewis (CA) Ortiz Shuster (Mr. CARNAHAN asked and was Lewis (GA) Pallone Simpson pending business is the question of sus- Lewis (KY) Pascrell Sires given permission to address the House pending the rules and agreeing to the Linder Pastor Skelton for 1 minute.) resolution, H. Res. 98, as amended. Lipinski Payne Slaughter Mr. CARNAHAN. Mr. Speaker, I want LoBiondo Pearce Smith (NE) The Clerk read the title of the resolu- Loebsack Pence to advise and remind the Members of Smith (NJ) Lofgren, Zoe Perlmutter tion. Smith (TX) the passing of former U.S. Senator Lowey Peterson (MN) Smith (WA) Thomas F. Eagleton of Missouri over The SPEAKER pro tempore. The Lucas Peterson (PA) Snyder question is on the motion offered by Lungren, Daniel Petri this past weekend, and I ask the House Solis the gentleman from New Jersey (Mr. E. Pickering to observe a moment of silence in his Lynch Pitts Souder PAYNE) that the House suspend the Space memory. Mack Platts The SPEAKER pro tempore. All rules and agree to the resolution, H. Mahoney (FL) Poe Spratt Res. 98, as amended, on which the yeas Maloney (NY) Pomeroy Stark Members will rise. Stearns and nays are ordered. Manzullo Porter f Marchant Price (GA) Stupak The vote was taken by electronic de- Sullivan Markey Price (NC) ANNOUNCEMENT BY THE SPEAKER vice, and there were—yeas 410, nays 1, Marshall Pryce (OH) Sutton not voting 22, as follows: Matheson Putnam Tancredo PRO TEMPORE Matsui Radanovich Tanner The SPEAKER pro tempore. Without [Roll No. 121] McCarthy (CA) Rahall Taylor objection, 5-minute voting will con- YEAS—410 McCarthy (NY) Ramstad Terry McCaul (TX) Rangel Thompson (CA) tinue. Ackerman Clyburn Gohmert McCollum (MN) Regula Thompson (MS) There was no objection. Aderholt Coble Gonzalez McCotter Rehberg Thornberry Akin Cohen Goode McCrery Reichert Tiberi f Alexander Cole (OK) Goodlatte McDermott Renzi Tierney Allen Conaway Gordon McHenry Reyes Towns SUPPORTING THE GOALS OF Altmire Conyers Granger McHugh Reynolds Turner INTERNATIONAL WOMEN’S DAY Andrews Cooper Graves McIntyre Rodriguez Udall (CO) Arcuri Costa Green, Al McKeon Rogers (AL) Upton The SPEAKER pro tempore. The Baca Costello Green, Gene McMorris Rogers (KY) Van Hollen Bachmann Courtney Grijalva pending business is the question of sus- Rodgers Rogers (MI) Vela´ zquez Bachus Cramer Gutierrez pending the rules and agreeing to the McNerney Rohrabacher Visclosky Baird Crenshaw Hall (NY) McNulty Ros-Lehtinen Walberg resolution, H. Res. 149. Baker Crowley Hall (TX) Meehan Roskam Walden (OR) The Clerk read the title of the resolu- Baldwin Cuellar Hare Melancon Ross Barrett (SC) Culberson Harman Walsh (NY) tion. Mica Rothman Walz (MN) Barrow Cummings Hastert Michaud Roybal-Allard The SPEAKER pro tempore. The Bartlett (MD) Davis (AL) Hastings (FL) Wamp Millender- Royce Waters question is on the motion offered by Barton (TX) Davis (CA) Hastings (WA) McDonald Ruppersberger Watson the gentlewoman from California (Ms. Bean Davis (KY) Hayes Miller (FL) Ryan (OH) Watt Becerra Davis, David Heller Miller (MI) Ryan (WI) WATSON) that the House suspend the Waxman Berkley Davis, Lincoln Hensarling Miller (NC) Salazar rules and agree to the resolution, H. Weiner Berman Davis, Tom Herger Miller, Gary Sali Res. 149, on which the yeas and nays Berry Deal (GA) Herseth Welch (VT) Miller, George Sa´ nchez, Linda are ordered. Biggert DeFazio Higgins Mitchell T. Weldon (FL) Bilbray DeGette Hill Mollohan Sanchez, Loretta Weller This will be a 5-minute vote. Bilirakis Delahunt Hinchey Moore (KS) Sarbanes Westmoreland The vote was taken by electronic de- Bishop (GA) Dent Hinojosa Moore (WI) Saxton Wexler vice, and there were—yeas 403, nays 0, Bishop (NY) Diaz-Balart, L. Hirono Moran (KS) Schakowsky Whitfield Bishop (UT) Diaz-Balart, M. Hobson Moran (VA) Schiff Wicker not voting 30, as follows: Blackburn Dicks Hodes Murphy (CT) Schmidt Wilson (NM) [Roll No. 122] Blumenauer Dingell Hoekstra Wilson (OH) Murphy, Patrick Schwartz YEAS—403 Blunt Doggett Holden Murphy, Tim Scott (GA) Wilson (SC) Boehner Donnelly Holt Murtha Scott (VA) Wolf Ackerman Boustany Cooper Bonner Doolittle Honda Musgrave Sensenbrenner Woolsey Aderholt Boyd (FL) Costa Boozman Doyle Hooley Myrick Serrano Wu Akin Boyda (KS) Costello Boren Drake Hoyer Nadler Sessions Wynn Alexander Brady (TX) Courtney Boswell Dreier Hulshof Napolitano Sestak Yarmuth Allen Braley (IA) Cramer Boucher Duncan Hunter Neal (MA) Shadegg Young (AK) Altmire Brown (SC) Crenshaw Boustany Edwards Inglis (SC) Neugebauer Shays Young (FL) Andrews Brown-Waite, Crowley Boyd (FL) Ehlers Inslee Arcuri Ginny Cuellar Boyda (KS) Ellison Israel NAYS—1 Baca Buchanan Culberson Brady (PA) Ellsworth Issa Bachmann Burgess Cummings Brady (TX) Emanuel Jackson (IL) Paul Bachus Burton (IN) Davis (AL) Braley (IA) Emerson Jefferson Baird Buyer Davis (CA) Brown (SC) Engel Johnson (GA) NOT VOTING—22 Baker Calvert Davis (KY) Brown-Waite, English (PA) Johnson (IL) Abercrombie Jackson-Lee Meek (FL) Baldwin Camp (MI) Davis, David Ginny Eshoo Johnson, Sam Bono (TX) Meeks (NY) Barrett (SC) Campbell (CA) Davis, Lincoln Buchanan Etheridge Jones (NC) Brown, Corrine Jindal Rush Barrow Cannon Davis, Tom Burgess Everett Jordan Butterfield Johnson, E. B. Tauscher Bartlett (MD) Cantor Deal (GA) Burton (IN) Fallin Kagen Cubin Jones (OH) Tiahrt Barton (TX) Capito DeFazio Buyer Farr Kanjorski Davis (IL) Kilpatrick Udall (NM) Bean Capps DeGette Calvert Fattah Kaptur Davis, Jo Ann Larson (CT) Wasserman Becerra Capuano Delahunt Camp (MI) Feeney Keller DeLauro McGovern Schultz Berkley Cardoza Dent Campbell (CA) Ferguson Kennedy Berman Carnahan Diaz-Balart, L. Cannon Filner Kildee Berry Carney Diaz-Balart, M. Cantor Flake Kind b 1641 Biggert Carson Dicks Capito Forbes King (IA) Bilbray Carter Dingell Capps Fortenberry King (NY) So (two-thirds being in the affirma- Bilirakis Castle Doggett Capuano Fossella Kingston Bishop (GA) Castor Donnelly Cardoza Foxx Kirk tive) the rules were suspended and the Bishop (NY) Chabot Doolittle Carnahan Frank (MA) Klein (FL) resolution, as amended, was agreed to. Bishop (UT) Chandler Doyle Carney Franks (AZ) Kline (MN) Blackburn Clarke Drake Carson Frelinghuysen Knollenberg The result of the vote was announced Blumenauer Clay Dreier Carter Gallegly Kucinich as above recorded. Blunt Cleaver Duncan Castle Garrett (NJ) Kuhl (NY) Boehner Clyburn Edwards Castor Gerlach LaHood A motion to reconsider was laid on Bonner Coble Ehlers Chabot Giffords Lamborn the table. Boozman Cohen Ellison Chandler Gilchrest Lampson Boren Cole (OK) Ellsworth Clarke Gillibrand Langevin Stated for: Boswell Conaway Emanuel Clay Gillmor Lantos Boucher Conyers Emerson Cleaver Gingrey Larsen (WA) Stated against:

VerDate Aug 31 2005 05:27 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.078 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2209 Engel Lee Reyes NOT VOTING—30 leged report (Rept. No. 110–32) on the English (PA) Levin Reynolds Abercrombie Jackson-Lee Radanovich resolution (H. Res. 215) providing for Eshoo Lewis (CA) Rodriguez Bono (TX) Rush Etheridge Lewis (GA) Rogers (AL) consideration of the bill (H.R. 700) to Brady (PA) Jindal Sali Everett Lewis (KY) Rogers (KY) amend the Federal Water Pollution Brown, Corrine Johnson, E. B. Saxton Fallin Linder Rogers (MI) Butterfield Jones (OH) Space Control Act to extend the pilot pro- Farr Lipinski Rohrabacher Cubin Kilpatrick Tauscher gram for alternative water source Feeney LoBiondo Ros-Lehtinen Davis (IL) Larson (CT) Tiahrt Ferguson Loebsack Roskam projects, which was referred to the Davis, Jo Ann Markey Udall (NM) House Calendar and ordered to be Filner Lofgren, Zoe Ross DeLauro Meek (FL) Wasserman Flake Lowey Rothman Fattah Meeks (NY) Schultz printed. Forbes Lucas Roybal-Allard Gordon Price (GA) f Fortenberry Lungren, Daniel Royce Fossella E. Ruppersberger b 1652 REMOVAL OF NAME OF MEMBER Foxx Lynch Ryan (OH) AS COSPONSOR OF H.R. 866 Frank (MA) Mack Ryan (WI) So (two-thirds being in the affirma- Franks (AZ) Mahoney (FL) Salazar tive) the rules were suspended and the Mr. MARIO DIAZ-BALART of Flor- Frelinghuysen Maloney (NY) Sa´ nchez, Linda resolution was agreed to. ida. Mr. Speaker, I ask unanimous con- Gallegly Manzullo T. sent that my name be removed as a co- Garrett (NJ) Marchant Sanchez, Loretta The result of the vote was announced Gerlach Marshall Sarbanes as above recorded. sponsor of H.R. 866. Giffords Matheson Schakowsky A motion to reconsider was laid on The SPEAKER pro tempore. Is there Gilchrest Matsui Schiff the table. objection to the request of the gen- Gillibrand McCarthy (CA) Schmidt tleman from Florida? Gillmor McCarthy (NY) Schwartz f There was no objection. Gingrey McCaul (TX) Scott (GA) Gohmert McCollum (MN) Scott (VA) PERSONAL EXPLANATION f Gonzalez McCotter Sensenbrenner Goode McCrery Serrano Mr. LARSON of Connecticut. Mr. Speaker, I FEDERAL GOVERNMENT Goodlatte McDermott Sessions regret that I could not be present today, Tues- PROTECTING BORDER VIOLATORS Granger McGovern Sestak day, March 6, 2007 to vote on rollcall vote (Mr. POE asked and was given per- Graves McHenry Shadegg Green, Al McHugh Shays Nos. 121 and 122 due to a family medical mission to address the House for 1 Green, Gene McIntyre Shea-Porter matter. minute.) Grijalva McKeon Sherman Had I been present, I would have voted: Mr. POE. Mr. Speaker, being a law- Gutierrez McMorris Shimkus ‘‘Yea’’ on rollcall vote No. 121 on passage man in the vastness of west Texas has Hall (NY) Rodgers Shuler Hall (TX) McNerney Shuster of H. Res. 98, a bill honoring the life and always been a rough task. Now it is Hare McNulty Simpson achievements of the late Dr. John Garang de more difficult because the Federal Gov- Harman Meehan Sires Mabior and reaffirming the continued commit- ernment has taken the side of the law- Hastert Melancon Skelton ment of the House of Representatives to a just breaker over the lawman. Hastings (FL) Mica Slaughter Deputy Gilmer Hernandez of Edwards Hastings (WA) Michaud Smith (NE) and lasting peace in the Republic of the Hayes Millender- Smith (NJ) Sudan. ‘‘Yea’’ on rollcall vote No. 122 on pas- County, Texas, was recently on patrol Heller McDonald Smith (TX) sage of H. Res. 149, a bill supporting the in the darkness of the night in Hensarling Miller (FL) Smith (WA) goals of International Women’s Day Rocksprings, Texas, when he spotted a Herger Miller (MI) Snyder van violating Texas traffic laws. He Herseth Miller (NC) Solis f Higgins Miller, Gary Souder pulls the van over and notices numer- Hill Miller, George Spratt PERSONAL EXPLANATION ous people lying down on the floor. Hinchey Mitchell Stark Then without warning, the driver Hinojosa Mollohan Stearns Ms. KILPATRICK. Mr. Speaker, I regret that suddenly drives off and tries to run Hirono Moore (KS) Stupak due to official business, I was unable to vote over Deputy Hernandez. Hernandez Hobson Moore (WI) Sullivan on Tuesday, March 6, 2007. Had I been Hodes Moran (KS) Sutton shoots out the tires of the van in self- Hoekstra Moran (VA) Tancredo present, I would have voted ‘‘yea’’ on rollcall defense. The other illegals jump out Holden Murphy (CT) Tanner vote 121, Final passage of H. Res. 98 as and take off. Holt Murphy, Patrick Taylor amended, Honoring the Life and Achieve- The Texas Rangers do a thorough in- Honda Murphy, Tim Terry ments of the late Dr. John Garang de Mabior Hooley Murtha Thompson (CA) vestigation and clear Deputy Her- Hoyer Musgrave Thompson (MS) and Reaffirming the Continued Commitment of nandez of any wrongdoing, but the Hulshof Myrick Thornberry the House of Representatives to a Just and Mexican Government arrogantly de- Hunter Nadler Tiberi Lasting Peace in the Republic of the Sudan, mands the Federal Government pros- Inglis (SC) Napolitano Tierney Inslee Neal (MA) Towns and ‘‘yea’’ on rollcall vote 122, Final Passage ecute Hernandez for using his gun, and Israel Neugebauer Turner of H. Res. 149, Supporting the Goals of Inter- the Feds do exactly that. Issa Nunes Udall (CO) national Women’s Day. Hernandez is convicted, and now he is Jackson (IL) Oberstar Upton f in jail awaiting sentencing by a Fed- Jefferson Obey Van Hollen eral judge, all because he did his job. Johnson (GA) Olver Vela´ zquez Johnson (IL) Ortiz Visclosky REPORT ON RESOLUTION PRO- Our government ought to support the Johnson, Sam Pallone Walberg VIDING FOR CONSIDERATION OF border protectors like Hernandez and Jones (NC) Pascrell Walden (OR) H.R. 569, WATER QUALITY IN- prosecute the border violators. Why is Jordan Pastor Walsh (NY) VESTMENT ACT OF 2007 our Federal Government taking the Kagen Paul Walz (MN) Kanjorski Payne Wamp Ms. SLAUGHTER, from the Com- wrong side in the border war? And that’s just the way it is. Kaptur Pearce Waters mittee on Rules, submitted a privi- Keller Pence Watson f Kennedy Perlmutter Watt leged report (Rept. No. 110–31) on the Kildee Peterson (MN) Waxman resolution (H. Res. 214) providing for SPECIAL ORDERS Kind Peterson (PA) Weiner consideration of the bill (H.R. 569) to The SPEAKER pro tempore. Under King (IA) Petri Welch (VT) amend the Federal Water Pollution King (NY) Pickering Weldon (FL) the Speaker’s announced policy of Jan- Kingston Pitts Weller Control Act to authorize appropria- uary 18, 2007, and under a previous Kirk Platts Westmoreland tions for sewer overflow control grants, order of the House, the following Mem- Klein (FL) Poe Wexler which was referred to the House Cal- Kline (MN) Pomeroy Whitfield bers will be recognized for 5 minutes Knollenberg Porter Wicker endar and ordered to be printed. each. Kucinich Price (NC) Wilson (NM) f f Kuhl (NY) Pryce (OH) Wilson (OH) The SPEAKER pro tempore. Under a LaHood Putnam Wilson (SC) REPORT ON RESOLUTION PRO- previous order of the House, the gen- Lamborn Rahall Wolf VIDING FOR CONSIDERATION OF Lampson Ramstad Woolsey tleman from New Jersey (Mr. PALLONE) H.R. 700, HEALTHY COMMUNITIES Langevin Rangel Wu is recognized for 5 minutes. Lantos Regula Wynn WATER SUPPLY ACT OF 2007 (Mr. PALLONE addressed the House. Larsen (WA) Rehberg Yarmuth Latham Reichert Young (AK) Ms. SLAUGHTER, from the Com- His remarks will appear hereafter in LaTourette Renzi Young (FL) mittee on Rules, submitted a privi- the Extensions of Remarks.)

VerDate Aug 31 2005 05:27 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.049 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2210 CONGRESSIONAL RECORD — HOUSE March 6, 2007 NO PLAN B IN IRAQ to reverse the unforgivable mistake of dent asking that he pardon these two The SPEAKER pro tempore. Under a this Iraq occupation and the unspeak- agents. They are heroes of this coun- previous order of the House, the gentle- able damages done, but we can do try. They should not be in Federal pris- woman from California (Ms. WOOLSEY) something to ensure it doesn’t last a on. is recognized for 5 minutes. minute longer. We can here in the Mr. President, we are calling on you Ms. WOOLSEY. Mr. Speaker and my United States Congress use our Con- to listen to the American people and to esteemed colleagues, one of the most stitutional powers to ensure that not the thousands of citizens who have pe- grievous blunders in the whole Iraq de- one more family has to lose a son or titioned you to pardon these men. It is bacle was the total failure to figure out daughter, a husband or wife, a mother time for justice to prevail over an in- what we would do after toppling Sad- or father for someone else’s ideological justice. dam Hussein. The architects of this mess. f war thought that was the whole task. It is time, Mr. Speaker. It is time for The SPEAKER pro tempore. Under a Mission accomplished. this tragic chapter in American history previous order of the House, the gen- to finally end. It is time to bring our There was no plan for how to manage tleman from Oregon (Mr. DEFAZIO) is the aftermath. No plan for keeping the troops home. recognized for 5 minutes. peace in a country with deep sectarian f (Mr. DEFAZIO addressed the House. divisions, no plan for how to institute U.S. BORDER PATROL AGENTS His remarks will appear hereafter in democracy in a society with no demo- RAMOS AND COMPEAN the Extensions of Remarks.) cratic infrastructure or institutions. Well, now we see history repeating The SPEAKER pro tempore (Mr. f itself, because The Washington Post re- HOLT). Under a previous order of the WAR IN IRAQ ported yesterday that the Bush admin- House, the gentleman from North Caro- lina (Mr. JONES) is recognized for 5 The SPEAKER pro tempore. Under a istration and top military commanders previous order of the House, the gen- apparently have no idea what the next minutes. Mr. JONES of North Carolina. Mr. tleman from Ohio (Mr. KUCINICH) is rec- step is if the troop escalation plan ognized for 5 minutes. fails, which General Petraeus himself Speaker, today is the 49th day since two U.S. Border Patrol Agents entered Mr. KUCINICH. Mr. Speaker, in a few believes probably will. short days the Congress of the United The Post reports that the Chairman Federal prison. Agents Ramos and Compean were convicted last spring for States will have an opportunity to end of the Joint Chiefs of Staff, Peter Pace, the war in Iraq if it so pleases, or we told a meeting of the Nation’s Gov- shooting a Mexican drug smuggler who brought 743 pounds of marijuana across will vote to approve the supplemental ernors: ‘‘I’m a Marine, and Marines and give the President of the United don’t talk about failure. They talk our borders into Texas. These agents never should have been States the money that he is asking for about victory.’’ to continue the war possibly through Well, confidence is one thing. Single sent to prison. There are legitimate the end of his term. mindedness is another, and, frankly, if legal questions about how this prosecu- In the next 5 minutes, I would like to the Bush national security team had a tion was initiated and how the prosecu- discuss the implications of Congress’s better track record of smart decisions tor’s office proceeded in this case. action and a plan that would enable us and strategic successes, I might be To prosecute the agents, the U.S. At- to take a new direction in Iraq, to willing to give them the benefit of the torney’s Office granted immunity to bring our troops home, to stabilize doubt. But as it turns out, these folks the known drug smuggler. Homeland Iraq, to close our bases, to end the oc- have been wrong, very wrong, through- Security officials promised Members of cupation, and to end the war. out most of this occupation. Congress information about this case, Last week, I submitted to this Con- Indeed, when President Bush an- then they could not provide the infor- gress such a plan embodied in H.R. nounced the so-called surge nearly 2 mation. Recently, reports indicated 1234. H.R. 1234 is a plan to end the war, months ago, he essentially conceded that the prosecutors in this case may and it contains a number of elements that mistakes had been made and not have withheld crucial evidence from which were arrived at with the help of everything his administration has done the defense. Mr. Speaker, I am going to people who have long experience at the in Iraq has gone by design. repeat that. Recently, reports indi- But as yesterday’s Post article points cated that the prosecutors in this case U.N. in peacekeeping missions and se- out, we are way beyond plan B. This is may have withheld crucial evidence curity missions, experts in inter- more like plan D. There have been from the defense. national relations, and military ex- many times that we have been told the Drug Enforcement Agency reports perts. necessary adjustments are being made have revealed that the Mexican drug Two days ago, the administration to achieve victory, whatever that smuggler brought a second load of said that it has no plan B for Iraq. As means, in the context of Iraq. marijuana, 752 pounds, into the United a matter of fact, a senior general said, But here we are, 4 years into this States. In fact, Mr. Speaker, this drug ‘‘Plan B is plan A,’’ which means that war, still spinning our wheels and near- smuggler is not an American citizen, the administration is committed to a ly 3,200 Americans dead, and the ones and he is suing the Border Patrol for $5 course of action which would keep our who come home in one piece sent to million. But, Mr. Speaker, the informa- troops in Iraq through the end of its military hospitals that are in deplor- tion I just mentioned, this information term. That is simply not acceptable. able conditions, often delivering sub- was kept from the jury and the public. In November, the American people standard care. How many more chances Mr. Speaker, I have sent a letter to voted for a new direction. In November, does the Bush administration get to House Judiciary Chairman JOHN CON- the American people changed the lead- make things right in Iraq? I say: none. YERS asking for hearings on this case ership of the Congress, voted to turn There is only one solution: bring our and, Mr. Speaker, other Members have both the House and the Senate from troops home in short order as soon as made the same request of the chair- Republican control to Democratic con- logistically and safely as possible. man. And knowing the chairman to be trol, and I submit the issue was the a fair-minded person, I hope that he war. b 1700 will hold hearings on this prosecutor in All across this country there is a In a way, actually, all the discussion west Texas and how he looked into this great concern about the rising number about whether plan A, B, C, D, is, at case and brought this case to the jury, of casualties; about that even when our best, something of a distraction is like because, again, these Border Agents troops serve and they come home after arguing about what was the worst part are heroes. They are not convicts; they being injured, they are not being cared of a root canal. The fact is, the whole are heroes. for; about the costs of the war, how we Iraq enterprise was fundamentally Over the past 6 months, dozens of are seeing our budgets for housing and flawed from the beginning and never Members of Congress have asked the health care, for education, for seniors should have been launched in the first President to pardon these agents. I my- services, and, indeed, for veterans af- place. There is not much we can do now self have sent five letters to the Presi- fairs reduced.

VerDate Aug 31 2005 04:52 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.084 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2211 America is losing not only the lives THE GLOBAL NATURE OF OUR lion Americans working today, more of our soldiers, not only are we going ECONOMY than at any time in our Nation’s his- into a great financial debt borrowing The SPEAKER pro tempore. Under a tory. The jobs outlook in the United money from Beijing to fight a war in previous order of the House, the gen- States continues to be very, very good. Baghdad, but we are losing our moral tleman from California (Mr. DREIER) is But just like with wages, we see an position in the world, continuing to recognized for 5 minutes. even fuller picture, a better picture prosecute a war that is simply based on Mr. DREIER. Mr. Speaker, as we when we dig just a little deeper. Aver- lies. Let’s face it, every assertion made clearly saw last week with the sharp age monthly hires last year were near- that took us into Iraq has been ripped decline in our stock market following a ly 5 million, the highest rate ever since away as being a lie. major drop in the Chinese market, the data have been collected. Of those 5 So what are we to do? H.R. 1234 does increasingly global nature of our econ- million, the share of workers who left the following: It is predicated on Con- omy is one of the most defining issues their old job voluntarily for new work gress taking action to end the war, of our time. The growing connected- was also at the highest level. 58.3 per- stop the funding. At that point, the ad- ness of the world’s consumers, pro- cent made that move. This means that ministration will go to the world com- ducers, workers, and investors is hav- workers are not just finding jobs, they munity and say, ‘‘Look, the money is ing an impact on virtually every aspect are finding better jobs, better opportu- no longer here for the war. We are of our lives. And with all the rapid nities. Anyone who has been stuck in a going to close our bases, we are going change that globalization is bringing dead-end job knows that this is a huge to end the occupation, we are going to about, it is very natural for us to ask quality of life issue. bring our troops home.’’ Only by as- ourselves the question: Have these Having a job is essential to providing serting that we will end the occupation changes been for the better? We want for a family, and any job can serve as will we be in a position to be able to to know if globalization is improving a starting point to success. But having get help from the world community, our lives or making them worse. a good job that offers new opportuni- which really doesn’t want anything to Mr. Speaker, one of the biggest con- ties to prosper is essential to a growing do with this war absent the United cerns that we have when we look at standard of living. States taking a new direction. this question is the issue of income in- The fact that we are seeing 5 million equality, something that many people new hires every month demonstrates a The insurgency is fueled by the occu- are talking about. We read reports of great deal of churn and dynamism in pation. It is well understood. So we end massive executive salaries, and com- our workforce, and we know that that the occupation. But then that is not pare them to the circumstances of change is not always easy. enough. We need the international America’s middle class and the con- But the rapidly growing number of community to help us build a peace- cerns that working families have, and workers who are voluntarily leaving keeping and security force that would we inevitably wonder if the system is their old jobs demonstrates that new move in as our troops move out. in fact fair. I recently spoke here on and better opportunities are being cre- The elements of the plan embodied in this issue, on this very question. ated. It demonstrates, Mr. Speaker, the H.R. 1234 are the following: Not only do The critical issue is not, Mr. Speak- increased confidence in our workforce we end the occupation and bring our er, whether those at the top are becom- that comes with growing prosperity troops home and get the international ing more prosperous; the critical issue and the prospect of a better life. And it community involved, but we also cre- is whether everyone is becoming more also helps to answer the question of ate the context for a program of rec- prosperous, particularly those who are whether the standard of living is im- onciliation between the Shiites, the at the bottom of the economic ladder. proving for everyone, not just those Sunnis, and the Kurds. Right now there We looked at the issue of wages and who are at the top of the economic lead is no movement towards reconciliation, saw that they are growing for all work- ladder. because with the U.S. occupying, the ers. But when we looked even deeper, Shiites don’t have any incentive at all we saw that the outlook is even more b 1715 to do that. We need to move out so positive. The purchasing power of New jobs and new opportunities are that we can set in place a program of working families is increased by lower helping to make all of us more pros- reconciliation and a program of honest taxes and greater access to low-cost perous. reconstruction. No more theft from the goods through international trade. Mr. Speaker, I urge my colleagues on American taxpayers or the Iraqi people This growing purchasing power, along both sides of the aisle to continue to by these contractors whose perform- with rising wages, is increasing the pursue pro-growth economic policies, ance has been absolutely abominable, standard of living for all Americans, including an embrace of America’s who have stolen billions of dollars. with the greatest positive impact for global leadership role. Those policies Give the Iraqi people a chance to have those who are just beginning to move have brought about this dynamic work their own reconstruction program, up the economic ladder. force, where everyone is upwardly mo- with the jobs going to the people of Today, I want to look at another bile. Iraq so they can feed their families. In issue that helps to answer the question f an economy with 50 percent of the peo- of whether quality of life is improving The SPEAKER pro tempore (Mr. ple unemployed, we need to take a new for everyone; that is, the issue of jobs, HOLT). Under a previous order of the approach and end the reconstruction Mr. Speaker. More specifically, new job House, the gentlewoman from New program as it exists and start a new creation, and the quality of those new York (Mrs. MCCARTHY) is recognized one. jobs. for 5 minutes. In future presentations to this Con- Jobs are perhaps the most critical (Mrs. MCCARTHY of New York ad- gress, I intend to lay out the rest of issue in determining standards of liv- dressed the House. Her remarks will H.R. 1234, which is the plan to end the ing. Does everyone who wants a job appear hereafter in the Extensions of war, bring our troops home, stabilize have a job? Does that job provide the Remarks.) opportunity to prosper and improve Iraq, and take a new chapter in Amer- f ica’s relationship with the world. one’s quality of life? Just as we saw with wages, the numbers demonstrate BALLAD OF THE ALAMO a very positive outlook for workers. f The SPEAKER pro tempore. Under a Unemployment is at 4.6 percent, a rate previous order of the House, the gen- The SPEAKER pro tempore. Under a that is exceptionally low. Mr. Speaker, tleman from Texas (Mr. POE) is recog- previous order of the House, the gen- in fact, we have had 16 straight months nized for 5 minutes. tleman from Missouri (Mr. HULSHOF) is of unemployment at 5 percent or less. Mr. POE. recognized for 5 minutes. At the same time, the workforce has In the southern part of Texas (Mr. HULSHOF addressed the House. been rapidly expanding. Our economy In the town of San Antone His remarks will appear hereafter in has created nearly 71⁄2 million new jobs There’s a fortress all in ruins the Extensions of Remarks.) in the last 31⁄2 years. There are 146 mil- That the weeds have overgrown.

VerDate Aug 31 2005 04:52 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.087 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2212 CONGRESSIONAL RECORD — HOUSE March 6, 2007 You may look in vain for crosses Eventually Travis and the boys were the people. As the final amendment in And you’ll never see a one. overwhelmed, and not one was spared the 10 Bill of Rights, it is clear that the But sometime between the setting by Santa Anna. But victory was expen- Constitution establishes a Federal Gov- And the rising of the sun sive for the dictator Santa Anna. Trav- ernment of specifically enumerated You can hear a ghostly bugle As the men go marching by. is, in his last letter from the Alamo and limited powers. You can hear them as they answer said, ‘‘Victory will be more costly for For that reason, as I indicated, I To that roll call in the sky. Santa Anna than defeat.’’ He was right. have introduced, each year since I have Colonel William Barrett Travis, Davy Crock- Santa Anna’s losses were staggering. been in this Congress, the Enumerated ett He also had a crippled army and lost Powers Act. This bill would require And 180 more. the moral victory to the Texas war of that all pieces of legislation introduced Captain Dickinson, Jim Bowie independence. in the Congress, by a Member of Con- They’re all present and accounted for. Then on April 21, 1836, General Sam gress, would have to contain a state- Mr. Speaker, these are the lyrics to Houston routed Santa Anna’s larger ment setting forth the specific con- Marty Robbins’ ‘‘Ballad of the Alamo.’’ army at the marshes of San Jacinto. stitutional authority granted by the It was there in an old beat up Span- Texas became an independent nation Constitution to the U.S. Congress by ish mission in south Texas called the and was so for 9 years. And Mr. Speak- which that piece of legislation was to Alamo on March 6, 1836, 171 years ago er, the rest, they say, is Texas history. be enacted. This measure would enforce today, that 187 men stood defiant William Barrett Travis is my favorite a constant and ongoing re-examination against oppression and tyranny. They person in all of history. My grandson is of the role of our national government. were an odd looking bunch. They were named Barrett Houston in his honor. The Enumerated Powers Act is sim- dressed in buckskin. They had large I conclude these remarks about the ple. It is simply intended to require a knives, tomahawks and long rifles. Alamo with Marty Robbins’ closing scrutiny that we should look at what They were of all races, of all States, lines: we enact and that, by doing so, we can and 13 foreign countries, including slow the growth and reach of the Fed- Mexico. They were facing a profes- The bugles are silent. eral Government, and leave to the sional army over 20 times their size. There’s rust on every sword. There’s a small band of soldiers states or the people, those functions They were there because of the new That lie asleep in the arms of the Lord. that were reserved to them by the Con- dictator of Mexico, Santa Anna. He had And like a statue on his pinto stitution. abolished the democratic Mexican con- Rides a cowboy all alone. It will perform three most important stitution and made himself dictator of And he sees the cattle grazing functions. all of Mexico. Where just a century before First, it would encourage Members of Hispanics and Anglos living in the Santa Anna’s guns were blazing Congress to pause and reflect and to Texas part of Mexico wanted the Mexi- And the cannons used to roar. consider whether they propose a piece can constitution restored, or independ- His eyes turn sort of misty of legislation, whether it belongs at the ence from Mexico. And his heart begins to glow Federal level in the allocation of pow- And then he takes his hat off slowly Santa Anna then invaded Texas with ers under our U.S. Constitution, or three armies to put down the dis- To the men of that Alamo. To the 13 days of glory properly belongs with the states or senters. The men at the Alamo were At the siege of the Alamo. with the people. led by a 27-year-old lawyer from South Second, it would function to force us Mr. Speaker, that’s just the way it is. Carolina and Alabama named William to include a statement in the legisla- Barrett Travis. f tion explaining by what authority we There is a lot of legend, lore and tra- THE ENUMERATED POWERS ACT are acting. dition about the defense of the Alamo. And third, it would give the United The SPEAKER pro tempore. Under a But what is true, Mr. Speaker, is that States Supreme Court the ability to previous order of the House, the gen- the Alamo defenders believed that look at the constitutional justification tleman from Arizona (Mr. SHADEGG) is some things were worth living for and for each piece of legislation, and if that recognized for 5 minutes. dying for. One of those being the word, constitutional justification did not Mr. SHADEGG. Mr. Speaker, today I liberty. stand up to scrutiny, the courts and Being surrounded, Travis knew he rise to speak of the importance of the the people would find it easier to hold could not hold off Santa Anna’s army 10th amendment and of a bill that I the Congress accountable and to elimi- and he sent out numerous dispatches have introduced each Congress since nate those acts which are beyond the for help. I have a copy of one of those the 104th Congress, the Enumerated scope of the Constitution. letters on my office wall. It reads, Powers Act. I speak today as a member In 1787, when the Founding Fathers ‘‘Fellow citizens and compatriots, I am of the Constitution caucus, chaired by wrote our Constitution, they created a besieged by 1,000 or more of the enemy my colleague, Congressman SCOTT national government with great powers under Santa Anna. I have sustained a GARRETT of New Jersey. It is a caucus but limited powers, believing that continual bombardment and cannon that is dedicated and works tirelessly granting specific, rather than general fire for over 24 hours, but I have not to illuminate the importance of the legislative power to the national gov- lost a man. The enemy has demanded Constitution and of the 10th amend- ernment would be a central mechanism surrender at its discretion, otherwise ment. for protecting freedom while allowing this fort will be put to the sword. I The 10th amendment to the United us still to achieve the objectives of a have answered that demand with a can- States Constitution reads as follows: national government. As a result, the non shot and the flag still waves proud- ‘‘The powers not delegated to the Constitution gives the Federal Govern- ly over the north wall. I shall never United States by the Constitution, nor ment only 18 specific enumerated pow- surrender or retreat. I call upon you in prohibited by it to the States, are re- ers, just 18 powers. the name of liberty and patriotism and served to the States respectively, or to For the largest part of our history, everything dear to our character to the people.’’ for the first 130 years, the Constitution come to my aid with all dispatch. If Let me emphasize that again. ‘‘The served as a bulwark against excessive this call is neglected, I am determined powers not delegated to the United Federal regulation and against exces- to sustain myself for as long as pos- States by the Constitution, nor prohib- sive all powerful Federal Government. sible and die like a soldier that never ited by it to the States, are reserved to Unfortunately, the restraint that Con- forgets what is due his honor and that the States respectively, or to the peo- gresses demonstrated under that provi- of his country. Victory or death, Wil- ple.’’ sion of the Constitution has largely liam Barrett Travis, commander of the What that means is that the Found- been abandoned in the latter half of the Alamo.’’ ing Fathers intended our national gov- 20th Century and now in the 21st Cen- Travis held out for 5 days and 6 days ernment to be a limited government, a tury. and up to 13 days. But no troops ever government of limited powers that can- Beginning with the New Deal, mod- came to help the Alamo defenders ex- not expand its legislative authority ern Congresses have displayed a will- cept the 32 men from Gonzales, Texas. into areas reserved to the states or to ingness to ignore the 10th amendment

VerDate Aug 31 2005 05:27 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.092 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2213 in order to greatly expand the Federal or other fees paid for using the Na- year extension of Craig-Widen in the Government. tional forest lands or resources. This is emergency supplemental. Second, Let me be clear. Virtually all the especially critical in Idaho, where while providing interim funding, Con- measures which go beyond the scope of more than 60 percent of our land is fed- gress must come up with a long-term the powers granted to the Federal Gov- erally managed. solution to this situation. I believe ul- ernment by the 10th amendment are Congress realized at the time it was timately the answer lies in increasing well-intentioned. But unfortunately, difficult for rural communities to be fi- timber harvesting. many of them are not authorized by nancially independent if they were sur- The House Appropriations Com- the Constitution. The Federal Govern- rounded by Federal land. If we mittee will mark up the emergency ment has ignored the Constitution and privatized the land in those counties, supplemental this week. The emer- expanded its authority into every as- they would be collecting property tax. gency supplemental will be the last op- pect of human conduct, and quite But they cannot because the land is portunity to address this issue before sadly, it is not doing many of those managed by Uncle Sam. counties have to start implementing things very well. The Secure Rural Schools and Com- cuts to schools and services. Without a The size and scope of the Federal munity Self-Determination Act of 2000, 1-year reauthorization of and funding Government has exploded, and there is or a bipartisan Craig-Wyden plan was for the Secure Rural Schools and Com- a belief that the Federal Government passed by Congress and signed into law munity Self-Determination Act, the can do anything. And yet, that is not by President Clinton to provide fund- predicament will be an emergency what the Founding Fathers intended. ing to offset the loss of revenues to without rescue for hundreds and hun- For too long, the Federal Govern- counties resulting from the severely re- dreds of rural counties across America. ment has operated without constitu- duced Federal timber sales in rural I want to urge my colleagues to sup- tional restraint, blatantly ignoring the communities. The laws kept schools port this crucial 1-year extension. principles of federalism. opened, roads maintained, search-and- f I urge my colleagues to join me in rescue missions operating and many The SPEAKER pro tempore. Under a supporting a review and a criticism and other essential services afloat. previous order of the House, the gen- an evaluation of the proper role of the The 5-year time frame of the Craig- tleman from New Jersey (Mr. GARRETT) Federal Government in order to em- Wyden measure was designed to allow is recognized for 5 minutes. power the American people and to dis- counties sufficient time to broaden (Mr. GARRETT of New Jersey ad- tribute power as the Constitution con- their economic bases to replace his- dressed the House. His remarks will ap- templated it. toric timber sale income. The Federal pear hereafter in the Extensions of Re- marks.) f timber sale program in Idaho has, to put it mildly, come up short. Idaho’s f The SPEAKER pro tempore. Under a communities want to log and carefully previous order of the House, the gentle- FEDERAL GOVERNMENT LAND make use of the State’s timber re- woman from the District of Columbia The SPEAKER pro tempore. Under a sources, but regulatory restrictions (Ms. NORTON) is recognized for 5 min- previous order of the House, the gen- won’t let them. utes. tleman from Tennessee (Mr. DUNCAN) is (Ms. NORTON addressed the House. b 1730 recognized for 5 minutes. Her remarks will appear hereafter in And that is why we need to take ac- Mr. DUNCAN. Mr. Speaker, today the the Extensions of Remarks.) tion. Federal Government owns over 30 per- cent of the land in this country. State f Allow me to cite one example. I have the good fortune of representing the and local governments and quasi-gov- SECURE RURAL SCHOOLS people of Shoshone County. Shoshone ernmental agencies are controlling the The SPEAKER pro tempore. Under a County is a rural county with about other 20 percent. Half the land, 50 per- previous order of the House, the gen- 13,000 students. Shoshone County re- cent, is in some type of government or tleman from Idaho (Mr. SALI) is recog- ceives the second largest amount of public ownership or control. We could probably live with this, but nized for 5 minutes. funds under the Secure Rural Schools the problem is that government at all Mr. SALI. Mr. Speaker, I rise today Act, about $4.3 million. This is an al- levels keeps taking over more and to speak about an issue that is of vital ready economically depressed commu- more property at a faster rate than importance to Idaho’s First Congres- nity. About 75 percent of Shoshone ever before. sional District, my State as a whole, County is in the Federal system, and People don’t get upset unless or until and the greater western region of our yet the county is responsible to main- their property gets taken. And it country. tain more than 400 miles of public sounds great for a politician to create It is critical that Congress include roads. a park, but now we have so many language in the Emergency Supple- On my recent trip home just days parks, recreation areas, nature pre- mental to reauthorize and fully fund a ago, I had the opportunity to meet serves, national forests, and on and on 1-year extension of Secure Rural with Shoshone County commissioners that we can’t take care of all of them. Schools and Community Self-Deter- and superintendents of public schools. We are constantly being told we have mination Act of 2000. It affects more For Shoshone County, losing these a mega-billion-dollar maintenance than 615 rural counties and 4,400 funds, 40 percent of their budget, backlog for the national parks and all schools near national forests in 39 means massive layoffs in an already these other public areas; yet we keep states and literally, tens of thousands small school system, loss of transpor- taking over more land. You really can of students. tation for children to get to school, never satisfy government’s appetite for Without reauthorization, in Idaho placing children in hazardous condi- money or land. alone, we would lose $23.3 million in tions to get to school. The road system We just do not teach our young peo- funding this next year. That is a stag- needs constant care and maintenance. ple how important private property is gering loss in my small rural state. They can barely get by with what they to both our freedom and our pros- In order to fully understand this have now. perity. We see this most clearly in the issue we need to go back to the final We don’t let Idahoans harvest tim- fact that counties that have high per- year of Theodore Roosevelt’s presi- ber. We expect them to maintain Fed- centages of public land are almost al- dency to the establishment of the 1908 eral roads. We provide them no fiscal ways poverty areas or at least counties Payment Act for National Forests. relief or support. We want a top quality with incomes far below the national Under this act, the Forest Service has education for our children, but they average. Also, because we keep taking paid 25 percent of its gross receipts to have no economic base to raise even so much land off the tax rolls, we keep the states for the use of roads and modest taxes. shrinking our tax base at the same schools in the counties where our na- Congress has to step in. We have to time that all of the schools and govern- tional forests are located. The receipts act now. First, in the short term, the ment agencies tell us they need more come from leases, rentals, timber sales solution is for Congress to approve a 1- money.

VerDate Aug 31 2005 04:52 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.093 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2214 CONGRESSIONAL RECORD — HOUSE March 6, 2007 Now almost every State has gone to for people to travel to and enjoy all the I applaud the President and Sec- lotteries, casinos, or some type of gam- parks, preserves, national forests, and retary Gates for all they have done to bling in a desperate attempt to get recreation areas we already have. hold the entire chain of command re- more revenue because property taxes Mr. Speaker, if we keep taking more sponsible for the conditions at Walter just don’t raise enough money since so and more property off the tax rolls, we Reed, but we must do more to fun- much land has been taken off the tax are going to really cut back on govern- damentally bring reform to the system rolls. Because of this, I believe gam- ment services. Much worse, if we keep whereby we provide health care serv- bling addiction is going to become a destroying private property and re- ices to our veterans. real problem in this country in the stricting development, we are going to Today, the American Legion signed years ahead. slowly do away with the dream of an agreement, for instance, with Wal- Another part of this problem is that homeownership and we are eventually ter Reed Army Medical Center to es- government at all levels keeps putting going to bring about a lower standard tablish an office at the facility to as- more and more restrictions on the land of living for our children and grand- sist in the transition of wounded that remains in private hands. The children. servicemembers from the Department Washington Post had a headline a few f of Defense to the Department of Vet- months ago that said: ‘‘Judge Saves OUR MILITARY HEALTH CARE erans Affairs. This is a good start. The Land From Development.’’ It might SYSTEM hope is that the legion office will sig- also have said: ‘‘Judge Preserves Land nificantly alleviate the long backlogs for Wealthy’’ or ‘‘Judge Keeps Young The SPEAKER pro tempore. Under a in out-processing wounded soldiers. People From Buying Homes.’’ previous order of the House, the gen- Thank God for these veterans who are Preventing more land from develop- tleman from Indiana (Mr. PENCE) is willing to help. ment is driving up the cost of home- recognized for 5 minutes. As a fiscal conservative, I have long Mr. PENCE. Mr. Speaker, I have long ownership and putting it out of reach called for smaller, more accountable believed that how we treat the most for many young families. It is also government. In the area of military vulnerable in society says a great deal forcing more people into apartments or health care, we need now, more than about who we are as a Nation. So you townhouses or homes on postage- ever, more accountable government. I can imagine that I, along with tens of stamp-size lots, leading to new prob- appreciate the President’s emphasis on millions of Americans, was appalled at lems from congestion. the need to improve the delivery of the recent revelations in the media The Washington Times pointed out services and not just throw more that more than five times as much about the care at the outpatient facil- ity at the Walter Reed Army Medical money at it. Washington D.C. and espe- land, more than five times as much cially this Congress under current land, has been set aside as national Center. Now, let me say, having visited Wal- management and, quite frankly, prior parks, wilderness areas, Federal for- ter Reed more than once with my wife management often solves problems by ests, and Federal grazing areas than to visit injured Hoosier soldiers return- throwing more money at it. But assum- has ever been developed. Today, you ing from battle, that there are, in fact, ing Congress enacts the President’s could put every family of four in the dedicated caregivers at the Walter 2008 budget, the VA health care budget State of Texas and give them 3 acres of Reed Army Medical Center, doctors alone will be up 83 percent since he lands each and leave the whole rest of and nurses and members of the facility took office. the country empty. Over three-fourths Money alone is not the answer. We 1 staff who spend their days and nights of the population lives on 3 ⁄2 percent of helping the wounded. But the now infa- must change the way we serve the med- the land. mous Building 18, a decrepit former ical needs of those who have served us USA Today reported last November hotel outside the main gates of Walter in uniform. We need substantive re- 30 that the U.S. now has 37 million Reed, has come to public notice. It forms, and it is my hope that the Dole- acres of private land under some type housed more than 80 soldiers. With Shalala Commission and the Secretary of protective trust or restrictive ease- moldy walls, soiled carpets, leaky of Veterans Affairs task force that the ment, a 54 percent increase just since pipes, mice, and cockroach infested, President announced this morning are 2000. Also, conservation of private land this facility was a national embarrass- able to meet those immediate needs. from 2000 to 2005 averaged 2.6 million ment. The President said, and I would echo acres a year, which USA Today said I am outraged that our wounded war- today, ‘‘We have a moral obligation to was almost half the size of New Jersey, riors were forced to endure these ter- provide the best possible care and each year. This is information from the rible conditions. Our troops deserve treatment to the men and women who Land Trust Alliance, which represents better care, and they deserve it as soon have served our country. They deserve 1,200 of the 1,667 local, State, and na- as possible. it, and they’re going to get it.’’ tional land trusts. But more than the filthy living con- But let us not just solve the problem Another group, the Nature Conser- ditions, Mr. Speaker, the dirty secret with more money, with changes in the vancy, manages 1,400 areas in the U.S. of the military health care system in chain of command. Let us work in a bi- and now has assets of $4.14 billion. this country is that our injured vet- partisan way in this Congress to fun- Some people will recall The Wash- erans, after navigating the dangers of damentally bring changes to our health ington Post series about the sweet- the battlefield, must navigate a bu- care system that serves our military, heart deals the Nature Conservancy reaucratic morass to get the care they that serves our veterans, that ulti- was doing for its wealthy contributors deserve. After receiving lifesaving sur- mately will rise to the level that each and board members. The Nature Con- geries at military facilities, wounded one of them deserves. servancy had income of $1.8 billion in soldiers, sailors, airmen, and marines The Old Book says if you owe debts, 2004 and 2005 and has set aside 15 mil- must negotiate an overwhelming pay debts; if honor, then honor; if re- lion acres. According to its tax returns, amount of red tape. I have seen it first- spect, then respect. One of the ways the Nature Conservancy in fiscal year hand, working with families attempt- that our Nation discharges a debt that 2005 received over $97 million in gov- ing to make their way through our vet- we cannot ever fully repay to those ernment grants, over $14 million in erans’ and military health care system. who have worn the uniform is to ensure government fees and contracts, and I was at the President’s speech this that they receive the medical treat- over $165 million from sales of land al- morning at the 47th annual gathering ment that they so richly deserve. And most all to government. All this is al- at the American Legion as the Presi- I commit myself to that today. ways reported in the news as the great- dent said that these bureaucratic f est thing since sliced bread; but unless delays as well as these living condi- these activities are slowed, which is tions must come to an end. The Presi- THE ENUMERATED POWERS ACT very doubtful, young people will find it dent said, ‘‘It is unacceptable to me. It The SPEAKER pro tempore. Under a extremely difficult to find places to is unacceptable to you. It is unaccept- previous order of the House, the gen- start small businesses or build new able to our country. And it is not going tleman from Missouri (Mr. AKIN) is rec- homes. Also, there will be less money to continue.’’ ognized for 5 minutes.

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.098 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2215 Mr. AKIN. Mr. Speaker, I rise today I believe that Ronald Reagan had it The SPEAKER pro tempore. Under a to discuss and to support the Enumer- right: ‘‘I have always felt that the nine previous order of the House, the gen- ated Powers Act introduced by Con- most terrifying words in the English tleman from Texas (Mr. PAUL) is recog- gressman SHADEGG. The Enumerated language are, ’I’m from the govern- nized for 5 minutes. Powers Act is most important to pro- ment and I’m here to help.’’’ (Mr. PAUL addressed the House. His tect the tenth amendment. We under- We need to uphold the entire Con- remarks will appear hereafter in the stand that with the word ‘‘federalism.’’ stitution, not just the parts we choose Extensions of Remarks.) People perhaps, though, are not so to use for our own ends. f aware of where the concept of fed- The SPEAKER pro tempore. Under a eralism originally came from. They f previous order of the House, the gen- think some brilliant founders got to- UMBRAGE TAKEN AT COMMENTS tleman from Texas (Mr. GOHMERT) is gether in Philadelphia in 1789 and came REGARDING DEMISE OF VICE recognized for 5 minutes. up with the idea of federalism, but, in PRESIDENT (Mr. GOHMERT addressed the House. fact, that is not quite true. His remarks will appear hereafter in The concept of federalism dates way, The SPEAKER pro tempore (Mr. the Extensions of Remarks.) way back to 18 years after the arrival HOLT). Under a previous order of the of the Pilgrims in the Plymouth Col- House, the gentleman from Indiana f ony. It goes to the time when the State (Mr. BURTON) is recognized for 5 min- The SPEAKER pro tempore. Under a of Connecticut was being founded and a utes. previous order of the House, the gen- great preacher by the name of Hooker Mr. BURTON of Indiana. Mr. Speak- tleman from Texas (Mr. BURGESS) is preached a series of sermons outlining er, I was watching television last recognized for 5 minutes. how the government in Connecticut night, I think it was the O’Reilly (Mr. BURGESS addressed the House. should be structured. Those sermons Show, I am not sure exactly, but I be- His remarks will appear hereafter in resulted in what was called then the lieve it was the Bill O’Reilly Show on the Extensions of Remarks.) Fox Network, and they had an excerpt ‘‘Fundamental Orders of Connecticut.’’ f And what it said was that Hartford had of another show from which were taken some remarks by a well-known come- The SPEAKER pro tempore. Under a certain enumerated powers and of any- previous order of the House, the gentle- thing not specifically enumerated for dian and political advocate in which he woman from Florida (Ms. GINNY Hartford to handle, the other towns was inferring that the country would be better off if the Vice President of BROWN-WAITE) is recognized for 5 min- would have those powers. utes. So it was that we started with the the United States died. I took great umbrage at that. I was very, very upset (Ms. GINNY BROWN-WAITE of Flor- idea of federalism, that is, that there is ida addressed the House. Her remarks only specific power granted to the cen- about that, because Vice President CHENEY has been an outstanding serv- will appear hereafter in the Extensions tral organizing authority, in this case of Remarks.) the U.S. Constitution. ant of this country for a long, long time. f b 1745 I had the pleasure of serving with Now, the Enumerated Powers Act re- Vice President CHENEY when he served BLUE DOG COALITION quires that all bills introduced in the in this body as the Republican whip. He The SPEAKER pro tempore. Under U.S. Congress include a statement set- worked very hard in the Ford adminis- the Speaker’s announced policy of Jan- ting forth the specific constitutional tration as the chief of staff. I don’t uary 18, 2007, the gentleman from Ar- authority under which the law is being know that anybody has ever really kansas (Mr. ROSS) is recognized for 60 enacted. It would, of course, enforce, been able to question his integrity, be- minutes as the designee of the major- then, the reexamination of the proper cause he is a man of integrity, and he ity leader. role of the national government and it has been trying his best to assist the Mr. ROSS. Mr. Speaker, this evening, will fundamentally alter the ever-ex- President of the United States in deal- as every Tuesday evening, I rise on be- panding reach of the Federal Govern- ing with some very, very troubling half of the 43 member strong fiscally ment. The Enumerated Powers Act re- issues, not the least of which are the conservative Democratic Blue Dog Co- quires scrutiny of the Federal Govern- war against terror and the war in Iraq. alition. We are a group of fiscally con- ment to slow this reach, particularly in Mr. Speaker, I won’t mention the co- servative Democrats that are doing our the sense that it will require that there median, the political pundit, who made best to restore common sense and fis- be a properly cited constitutional au- the remarks on television on HBO just cal discipline to our Federal Govern- thority to precede the legislation pro- recently, but I will just say that I ment. Part of that is accountability. posed. think it is very, very bad taste for any- This evening I am pleased to be Now, the Constitution gives the Fed- one to infer, even infer, that the Vice joined by another gentleman from Ar- eral Government only 18 specific enu- President of the United States, Mr. kansas, Mr. BERRY, from Arkansas’s merated powers. But ignoring the prin- CHENEY, who has done such an out- First Congressional District, as we talk ciples of Federalism in the Constitu- standing job for this country over a about restoring not only common sense tion, starting with FDR and continuing long period of time, should be better off and fiscal discipline to our national through LBJ’s Great Society right dead. That was the inference that was government, but accountability to our down to the modern day, Congresses made. I think it was wrong, and I hope Federal agencies. have displayed a willingness to ignore that doesn’t happen in the future. Mr. Speaker, a week ago, Saturday, the 10th Amendment in order to great- I may take issue with political lead- February 24, 2007, at about three in the ly expand the Federal Government. ers on the other side of the aisle, and I afternoon, not one but two tornadoes The size and scope of the national may very much in very severe ways devastated the rural delta county of government has exploded over the last disagree with them, but in no way Desha County. The county seat is Ar- seven decades. Congress has created in- would I ever indicate that they should kansas City. It was spared. McGehee effective costly programs, incredible be better off under the ground than on was spared for the most part. But annual deficits and a huge debt exceed- top of the ground, even though we have Dumas, a town of about 5,000 people, ing $7 trillion that will be passed only severe differences. And for anyone to was hit, and hit hard, as you can see to our children and grandchildren. infer that the Vice President should die from this photo provided to me by State and local governments are now really, really bothers me, especially in Agnes Ross at the Dumas Clarion. This dependent upon the Federal Govern- this time we are in, these very trou- is what was left of the Fred’s Dollar ment for funding, and the Feds now bling times. Store. My district director’s dad was in tamper with issues that are best under- Vice President CHENEY is a great the meat locker of the grocery store, stood by States and localities, with man. He has done an outstanding job Matt Butcher, next door, which was education and welfare reform being two for this country and he should be re- also destroyed. In fact, Mr. Speaker, cases in point. spected, even if you disagree with him. 150 homes were either destroyed or

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.099 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2216 CONGRESSIONAL RECORD — HOUSE March 6, 2007 heavily damaged. Depending on whose ple go through and tour this town and fore they bought them. And guess numbers you want to rely on, some- they scratch their head. How in the what? Everybody that lost their home where between 600 and 800 workers were world did no one die? And for those in Hurricane Katrina and needed a displaced from work, because wherever who did die in those tornados that home lived in a floodplain. So these they worked was destroyed or heavily came about a week later in Georgia homes were never placed. damaged. That community of Dumas and Alabama, our heart goes out for Then President Bush was at the and much of Desha County went with- those people. Democratic Caucus last month at Wil- out power for five days. But it really galled me to see the di- liamsburg, and he and I talked about It was bad enough that the Governor rector of FEMA with the President in this after the chairman of the Home- cut short his trip to the National Gov- Alabama and Georgia holding hands land Security Committee, BENNIE ernor’s Association meeting here in singing ‘‘Kumbaya’’ and talking about THOMPSON, questioned him specifically Washington and flew home, and I was the new and improved FEMA. The new about these mobile homes, and the privileged to join him in going to and improved FEMA has forgotten this President told me, we are saving them Dumas and spending the afternoon vis- delta county. for future disasters. iting folks and reassuring folks that And this story gets better, and is In Dumas, Arkansas, a week ago Sat- help was on the way. It was bad enough hard to believe. But you can see here, urday, the people were struck not by that the Governor called out 150 mem- this is one of the 150 homes that is ei- one but by two tornadoes; 150 homes bers of the Arkansas National Guard. ther destroyed or badly damaged. destroyed or badly damaged; 600 to 800 That was February 24, 2007. More Dumas is a rural community. It is not workers out of work because wherever than a week later, the President still like there are a lot of rental houses they worked has been destroyed or has not declared Desha County a Fed- available there. People, even those heavily damaged; 150 members of the eral disaster area and FEMA has not with insurance, need a place to live Arkansas National Guard called out; responded to my request to move 150 while they get their life put back to- and yet, that was a week ago Saturday, mobile homes that were purchased for gether and their homes rebuilt, which on Monday, the Governor and I toured Hurricane Katrina to Dumas and Desha could take up to a year. And this story Dumas and on Tuesday at 9 a.m. in a County to be used for temporary hous- gets better, or a better word, this story conference call I asked David Paulison, ing while these good folks in this for- gets more tragic. Some of you are the Director of FEMA, to release 150 of gotten delta county get their lives put aware of this, Mr. Speaker. these 8,420 mobile homes. That is how When Hurricane Katrina hit the gulf back together and rebuild their homes. many are currently at the Hope Air- coast in August 2005, one of the first Mr. Speaker, this is one example of port from the photo taken Saturday. things FEMA did was they ordered the damage. Again 150 National Guard There is 8,420 of these parked at the thousands of brand new, fully furnished soldiers called out; 150 people’s homes airport in Hope today. mobile homes; not the camper trailers. either destroyed or severely damaged; I respectfully requested 150 of these We are talking brand new, fully-fur- 600 to 800 workers temporarily dis- be moved to Dumas, which is only 3 nished mobile homes, 14 to 16 foot wide, placed from their job because wherever hours away, to provide temporary 60 foot long, built-in microwaves, cof- they worked was destroyed or heavily housing for the people of Dumas and damaged; no power for 5 days. And yet fee tables, end tables, sofas, dining room sets, built-in central heat and air Desha County while they rebuild their the Federal Emergency Management homes. Agency says that this forgotten delta with the unit ready to drop out of the county, Desha County, is not worthy of back. Most of them are equipped, or b 1800 a Federal disaster declaration. They filled, I should say, with Ashley fur- I am still waiting on an answer. So I want to talk about all these rules and niture. called him back again Thursday. He Hope, Arkansas, because it is the old regulations and all this bureaucratic still couldn’t give me an answer. They proving grounds from World War II, this and bureaucratic that. still have not declared this forgotten and it is an old military airport and You would expect that from the IRS, delta county a Federal disaster, and they had some inactive runways and Mr. Speaker, you would expect that they have yet to move a single one of tarmacs, well, FEMA approached the from most Federal agencies. But when these mobile homes. If what I saw in City of Hope, which is also in my dis- I think of the Federal Emergency Man- Dumas is not a Federal disaster, Mr. trict. Hope used to be known as the agement Agency, when I think of Speaker, I doubt we will ever see an- birthplace of President Clinton. Now FEMA, I think of first responder. I other Federal disaster again. we are known as the largest trailer think of one Federal agency that And, Mr. Speaker, if they refuse to park in the world. move 150 of these 8,420 mobile homes should be able to cut through the bu- So FEMA entered into an agreement reaucratic red tape and get something with the City of Hope to store these from Hope to Dumas to help folks, isn’t done. If FEMA can’t do it, no Federal mobile homes in Hope. Not store. Actu- that what FEMA is supposed to be in agency can do it, and FEMA is not. ally, it was to be a FEMA staging area the business of doing? Then do you I guess what infuriates me more is a where they would transition through really believe any of these will ever be week after these two tornadoes struck there on their way from wherever they moved for the public good to help peo- Dumas and Desha County, and here is purchased them to the gulf coast re- ple? It is reprehensible; I am appalled another good photo of one of the gion. That was shortly after August by it. I am ashamed of our government, houses that was destroyed, we can’t 2005, Hurricane Katrina. Mr. Speaker. This is a symbol of what convince FEMA that that home is de- They kept delivering these mobile is wrong with FEMA. This is a symbol stroyed, but we believe it was de- homes to Hope. They kept bringing of why so many people in this country stroyed, it is certainly uninhabitable, more and more mobile homes to Hope. have given up on their Federal Govern- but what gets me is, a week ago Satur- This an aerial photo that I took Satur- ment. day, the tornadoes hit Dumas. The day. This is current. I took this Satur- And the story gets better. Shortly President has yet to declare it a Fed- day at the Hope Airport from a small after Hurricane Katrina and all these eral disaster area, FEMA has yet to plane. This is a current aerial photo. mobile homes showed up in Hope and help with temporary housing, or any- All these white things, those are mo- they weren’t moving them to the peo- thing else, for that matter, and yet the bile homes that were purchased for ple that needed them on the gulf coast, following Saturday, and my heart goes Hurricane Katrina victims August 2005. Mr. Speaker, I spoke up and brought a out to the people in Alabama and Geor- And the staging area quickly became a photo similar to this to the House floor gia, we were fortunate in Dumas and storage area where more and more mo- and I said, FEMA, if you do not move Desha County, we did not have a loss of bile homes arrived, but none of them these homes to the people who need life. We did have a couple of dozen inju- ever left. Why? Because, at the time, them on the gulf coast, they are going ries, some of them very serious, but the FEMA said, oh, we don’t place mobile to start sinking into the cow pasture, good Lord was working overtime in homes in flood plains. the hay meadow, thinking that would Dumas, Arkansas, a week ago Satur- Well, they knew that they don’t get FEMA off high center and they day. There is no doubt about that. Peo- place mobile homes in flood plains be- would start moving them to the people

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.105 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2217 that needed them. What did FEMA do? ways will. His name was James Lee these pictures or drive through that They showed up with $7 million worth Witt. He knew how to run an agency. community and know a terrible dis- of gravel to put under them. Folks, you He didn’t make excuses. When a tor- aster took place, and they are deserv- cannot make this up; it is too unbeliev- nado hit, you didn’t have to call ing of the help of the Federal Govern- able. FEMA, you didn’t have to call the di- ment. What a sad thing it is to go from And so if I appear frustrated this rector, you didn’t have to call anybody. an agency and a government only 6 evening, I am because a week ago Mon- They would just show up, Johnny-on- years ago that would come to the aid of day, Governor Beebe and I toured the-spot. They knew what they were the people when a disaster happened, to Dumas and the Back Gate community. doing. They were trained. They could this horrible mess that we call FEMA And in Back Gate, at least a week ago, make decisions. They helped people today that is so incompetent all they and perhaps tonight, there were 30 peo- start putting their lives together. They can do is spend money where it doesn’t ple crowded in a metal building, calling helped communities and local govern- help the people. It is time that they at it home because they have no place to ments clean up the mess. They pro- least appeared before this Congress and live. I talked to Agnes Ross at the vided the necessary financing to get make some kind of a pathetic expla- Dumas Clarion earlier today and she the economy going again. They worked nation as to why they are operating said she ran into somebody on the with the public schools to get them re- the way they are at this time. And let’s streets of Dumas earlier today, an el- paired and back in order. hope that by some stroke the adminis- derly woman that had no place to go, Today, FEMA is a worse disaster tration and the White House, who is ul- no place to live, and yet 8,420 brand than the storms. If they show up at all, timately in charge, will at least have new, fully furnished mobile homes are which they haven’t in Desha County, the credibility and feel responsible sitting there at the airport in Hope, and my colleague, Mr. ROSS, is abso- enough to get control of that agency, Arkansas, 3 hours from Dumas. lutely right, I just live right across the because we know there will be more When the Blue Dog Coalition talks river from Desha County, it is part of disasters that will happen to the Amer- about restoring accountability to our my home. Today, if they show up at ican people, and we are going to need government and making Federal agen- all, it is for a photo op. I saw this past help from our Federal Government. cies answer for their action, or a lack Saturday on CNN, FEMA has a new We cannot continue to operate this of action, this is a good example. This truck, a communications truck. They way. What a sad thing it is to see this is about as good as it gets. And, Mr. were so proud. They were explaining agency and the way they treat people Speaker, I am not here to beat up the that this communications truck, and I who have had their lives destroyed, President or beat up the director of would love to know how much it cost, their jobs destroyed, their homes de- FEMA. I tried for a week to go through was the secret to their success because stroyed, and yet they are not even the proper channels and get this done, they were going to be able to use that deemed worthy by the director of but for the life of me I am imploring truck to take pictures and broadcast FEMA or the Secretary of Homeland the President and the director of them back to FEMA headquarters and Security of a little bit of help and a lit- FEMA, Mr. Speaker, to move just a few they would get the same information tle bit of recognition by the Federal they could have gotten from CNN 3 of those mobile homes from Hope to Government so they can get some help hours ago. All of this would be Dumas to help these folks, provide on their own. hysterically funny if it was not so trag- And can you imagine, if the Sec- them temporary housing while they ic. retary of Homeland Security can’t see try to get their lives put back together This is not a funding issue. It is just that FEMA works, can you imagine the and their homes rebuilt. a simple matter of incompetence from mess that the rest of Homeland Secu- MARION BERRY, a Congressman from the top to the bottom. This adminis- rity is in? What a terrifying thought the First District of Arkansas, is from tration simply does not know how to that these people are in charge of any- Gillette. He doesn’t live but a few miles run a government agency. thing, but certainly in charge of our from Dumas. He knows these people, I have not talked to Mr. Paulison. I homeland security and in charge of the too. This storm affected his area, and have talked to him on previous occa- very Federal agency that is charged he is very aware of what is going on sions, and he defines the word ‘‘bureau- with bringing assistance and helping and the lack of attention from FEMA. crat,’’ which is a sad thing to have to the people when these tragedies take At this time I would yield to him. I say about anyone. It is the job of the place. want to thank him for joining me this Congress to hold these people account- I would join my colleague in recog- evening to talk about trying to help able. nizing tragedies that took place in Ala- the folks of Dumas and Desha County, I have had conversations with Sec- bama and Georgia and the loss of life this forgotten delta county. retary Chertoff. And he assures me and how terrible that was, and we hope Mr. BERRY. I thank the gentleman that these trailers that are down in they get treated better. They certainly from south Arkansas, and I certainly Hope, we are going to take care of deserve to be treated well. They de- appreciate his leadership in this mat- those. This was over a year ago. He ap- serve all the help it is possible to give ter. peared before the Appropriations Com- them at this time. I would also encourage everyone that mittee and explained that in just a few Let’s hope that we are not back here can hear my voice to keep in our months these were all going to be in 2 weeks to hear stories from Ala- hearts and minds and certainly in your moved out and everything was going to bama and Georgia about how, well, prayers our men and women in uni- be wonderful. They are just sitting FEMA came and they had their picture form, especially those on the battle- down there going to ruin. Nobody is made with us and they gave us a big field this evening. Reach out to them using them. But they wouldn’t let the hug, and then they left and nothing and their families and let them know victims of tornados in my district last happened. They deserve better. And that you understand and appreciate the year use them. They won’t let the good let’s hope that they get better. We also sacrifice and commitment they make people of Desha County use them this deserve to have help for the people in out of the goodness of their hearts. year. This just doesn’t make any sense. Desha County in south Arkansas in the My esteemed colleague from south It is the job of the Congress, and that First Congressional District. They de- Arkansas is absolutely correct. We is the reason my colleagues and I are serve to be treated better, also. have these horrible tornados almost here this evening, to begin the process And, Mr. Speaker, I can tell you that every year in Arkansas. We had two in to hold these incompetent bureaucrats my colleague, Mr. ROSS, will not rest, the First Congressional District that I accountable for the terrible way they nor will the Arkansas delegation, nor am privileged to represent last year. are running this agency. For crying will the Governor of the State of Ar- We have had as many as a hundred in out loud, if you can’t do anything else, kansas rest until we see the recovery one day all across Arkansas. give us a ‘‘no’’ answer. Tell us some- taking place and the wonderful com- I have served in this Congress since thing. Don’t just let it stay out there munity of Dumas, Arkansas, begin to 1997, and from 1997 to January of 2001 and twist in the wind. be restored and the economy begins to we had a director of FEMA that re- I can tell you this: You don’t have to prosper again, and the people begin to mains distinguished to this day and al- be all broke out in brilliance to look at put their lives back together.

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.106 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2218 CONGRESSIONAL RECORD — HOUSE March 6, 2007 I thank my colleague for his leader- Beebe and other elected officials. Gov- I went to Hope, and I stood in front of ship, and I will yield back. ernor Beebe named Desha County a these 8,420 mobile homes to highlight Mr. ROSS. I thank the gentleman State disaster area and announced his the waste of taxpayers’ money, the fact from Arkansas for joining me this plans to request a Federal disaster dec- that these brand new, fully furnished evening and talking about the lack of laration. manufactured homes are just 3 hours accountability within the Federal Tuesday, February 27, I held a con- away from Dumas, yet they are not Emergency Management Agency. ference call with FEMA Director David being put to good use. They are not To recount, February 24, 2007, a week Paulison, along with Senator LINCOLN helping the people some 3 hours away ago Saturday, not one, but two torna- from Arkansas and staff for Senator in Dumas. does devastated the town of Dumas and PRYOR. In the call, I conveyed my sup- Then, Tuesday, March 5, 2007, that is the Back Gate community in Desha port of Governor Beebe and requested today, I joined Senators LINCOLN and County. The Governor declared it a FEMA expedite their decision and ac- PRYOR in sending a letter in support of State disaster, called out 150 members tion as well as encouraged FEMA to Governor Beebe’s request to the U.S. of the Arkansas National Guard who use 150 manufactured homes from this Small Business Administration to re- were there for nearly a week. It took supply of 8,420 of them from Hope, Ar- quest small business disaster loans be crews of more than a hundred working kansas, just 3 hours away, for the fami- administered in Desha County to help for 5 days to restore electricity to that lies without shelter in Desha County. the 25 businesses which were destroyed delta county. Some 600 to 800 people re- Later Tuesday, my staff talked with and the more than 800 employees who main out of work because of the dam- FEMA again regarding the status of are now without a job or a place to age done to their workplace. And yet the disaster declaration, and they ex- work nearby, some 600 to 800 depending here we are, a week ago Saturday in pressed that they did not read the laws on which day it is and which businesses Dumas, horrible tornados. And the as we did and that they are still work- are able to get back up. ironic thing is that FEMA has a stag- ing with Arkansas to gather informa- My office hand delivered letters from ing area with 8,420 brand new fully fur- tion. In other words, the bureaucracy me and photos I took, this photo right nished mobile homes 3 hours away, began. here. We delivered an 8x10 copy of this Wednesday, February 28, I joined filled with Ashley furniture and built- photo along with a letter today to with both senators, Senator LINCOLN in microwaves ready to be set up, and President Bush, to FEMA Director and Senator PRYOR from Arkansas in the mayor and the county judge, Mar- Paulison, and to the Department of sending a letter to President Bush and ion Gill, the mayor of Dumas, Mark Homeland Security Secretary Chertoff, FEMA Director Paulison supporting McElroy, the county judge in Desha making one final plea to assist these Governor Beebe’s request for a Federal County, they have got sites available. folks in this forgotten delta county. disaster declaration. Well, we have gone on long enough on The zoning is cleared with city water, Thursday, March 1, 2007, I again this, Mr. Speaker, but I think it is im- with water and electrical and sewer talked with FEMA Director Paulison hook-ups, and yet FEMA, which is sup- regarding the lack of a response and portant. As members of the Blue Dogs, posed to be in the business of helping movement of these mobile homes from we talk about accountability, and you people, refused to move a single one of Hope and expressed my displeasure cannot talk about accountability and these to the more than 150 people who with his office. It had been 6 days since the lack of it without talking about lost their home, like this family right the tornadoes and the communities FEMA. Again 8,420 brand new mobile here. were just beginning to regain elec- homes sitting there at the Hope air- port, not doing anybody any good, and b 1815 tricity in parts of the town. At that point, FEMA says the reason for not I have got 150 homes either totally de- This is one of the 150 homes that stroyed or damaged like one 3 hours were either totally destroyed or heav- declaring a disaster area is the high rate of insured homes and the fact that away. ily damaged. Yes, some of these folks the State is capable of taking care of It has been more than a week. FEMA had insurance, but yes, we have 8,420 the damage. refuses to send a single mobile home to mobile homes 3 hours away that are Supposedly, they told CNN, FEMA assist these folks. If they are not going not doing anybody any good sitting at did, that the State has a surplus this to move them 3 hours away to a dis- the airport in a hay meadow. They year, and they do not need their help. aster area, Mr. Speaker, I can assure were purchased to help people. Well, Mr. Speaker, that is the craziest you these mobile homes will never be There is no place to rent in Dumas. thing I have ever heard of. The city and put to the public good. They will never These folks in Dumas and Desha Coun- county is a very rural area. It is in the go to help people if they are not going ty need a place to live temporarily. We delta region. They lost half their sales to help people 3 hours away in their are not asking that they give these mo- tax base when a big retail store left time of need. bile homes to them. We are asking for about a year ago. They had a Fred’s I am, once again, Mr. Speaker, im- temporary assistance. That is what Dollar Store and a grocery store left, ploring the President and the director FEMA is in the business of or supposed and they have been destroyed. They of FEMA and the Secretary of Home- to be. Allow these folks to temporarily have, at least for a short period of land Security to do the right thing and live in 150 of these 8,420 brand new mo- time, perhaps up to a year, lost much to get some of these mobile homes bile homes, filled with Ashley fur- of their tax base. At the same time, moving to Dumas, where tonight 30 niture. they are struggling to pay for a new people are living in a metal building. They are not doing anybody good in county hospital and new city hospital They need our help, Mr. Speaker. Hope. Let us get them moving, Mr. there in Dumas, and they are not get- That is what the Blue Dog Coalition Speaker, to Dumas, Arkansas, and let ting any help from the one agency that is all about. We are about trying to re- these folks in Dumas who lost their we thought was supposed to be there to store common sense and fiscal dis- homes or had their homes heavily dam- help us in the time of need, the Federal cipline to our national government, aged live in them temporarily while Emergency Management Agency. and we are about accountability. they get their life put back together Friday, March 2, 2007, I again joined In fact, Mr. Speaker, we have what is and rebuild their homes. with Senators LINCOLN and PRYOR to called the Iraq War Accountability Mr. Speaker, this is not the first send another letter to FEMA in sup- Act, and we are going to be talking time we have raised this issue. Here is port of Governor Beebe and the imme- about that more this evening. the timeline, talk about accountability diate need for mobile homes in Desha Mr. Speaker, as you walk the halls of and restoring accountability to our County. Congress, it is easy to know when you government: Saturday, February 24, Saturday, March 3, during an address are walking by an office that belongs two tornadoes devastated the commu- in Memphis, Tennessee, at the 55th An- to a member of the fiscally conserv- nities of Dumas and Back Gate in nual Mid-South Farm and Cotton Gin ative Democratic Blue Dog Coalition. Desha County. Monday, February 26, I show, I commented on the lack of re- Why? Because you will see this poster. surveyed the damage on the ground sponse from FEMA one week after the A poster reminding Members of Con- and in the air along with Governor tornadoes. gress and reminding the people who

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.107 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2219 walk the halls of Congress that our Na- outrage, and they are unacceptable. put America’s finest men and women in tion is in debt. Mr. Speaker, it is an understatement uniform in harm’s way, fighting this Today, the U.S. national debt is to say that our brave veterans deserve war on terrorism, but specifically in $8,811,969,377,773 and some change, and so much more than the way they are Iraq and Afghanistan, and only to find if you divide that by every man, being treated. that too often we have not done the woman and child in America, your We must hold this administration ac- necessary planning, we have not put share, Mr. Speaker, of the national countable for this reckless approach the necessary resources in place nor debt is $29,245. It is time that this Na- that has allowed millions of dollars to have we taken the time to ensure that tion get its fiscal house in order, and go missing in Iraq while our brave their work is focused on in a way that one of the ways we do that is by restor- young men and women who need proper brings results, the kind of results that ing accountability to our Federal agen- medical care have gone without it. We all Americans as taxpayers want to see cies, which is what this business with must provide real oversight to keep when we invest in our Nation’s inter- FEMA is all about, trying to restore this from happening again, just like we ests. accountability and common sense and need to provide real oversight as we The Iraq Accountability Act is an cutting through the bureaucracy and work for a responsible budget. important step to try to reinstate red tape to help people in their time of Mr. Speaker, what will happen if we credibility through this war effort, and need. do not clean up this fiscal mess? We therefore, we are urging our colleagues At this time, it is a pleasure for me only need to listen to the words of the throughout the House to embrace this to yield to my friend from the State of Comptroller General again in last Sun- effort. This is not a partisan issue. This Ohio (Mr. WILSON). We are pleased to day’s ‘‘60 Minutes’’ presentation. He is all about making sure that when we have Mr. WILSON as a new Member of said, ‘‘We suffer from a fiscal cancer. invest $25 billion in reconstruction, the fiscally conservative Democratic It’s growing within’’ our country. ‘‘And when we need that kind of investment Blue Dog Coalition, and at this time, I if we do not treat it, it could have cata- here at home, that it, in fact, is not recognize Mr. WILSON. strophic consequences for’’ America. taken in by sole source contracting Mr. WILSON of Ohio. Mr. Speaker, it As Blue Dogs, Mr. Speaker, we will single bids; that, in fact, that the work is hard to believe when the Katrina ac- shine a bright light on this cancer and actually takes place at a level of qual- cident happened that we were out of nurse our budget back to health. Our ity so that the Iraqi government or the line as much as we were and not re- future and the future of our children citizens can, in fact, benefit from that sponsive, as has been indicated here and our grandchildren depend on it. investment of infrastructure. this evening, and it is even harder to Mr. ROSS. Mr. Speaker, I want to b 1830 believe that after the correction of thank the gentleman from Ohio (Mr. that, we are back in the same boat WILSON), an important member of the We just saw recently about the con- again. fiscally conservative Blue Dog Coali- struction of a police station that was I know they changed FEMA direc- tion, for sharing your thoughts with us so shoddily built with U.S. taxpayers tors. Mr. Brown was terminated and this evening as we try to, Mr. Speaker, dollars that, in fact, it has been went on. And then now we have a new talk about the need to restore fiscal deemed unusable. group of people running FEMA, but it discipline and accountability to our So as fellow Blue Dog members, we does not seem to be any better. government. You gave a good example really urge in a bipartisan basis for us Mr. Speaker, the Blue Dogs stand for of putting an end to the debt and the as a House to come together. We are accountability. We stand for account- deficit spending, and we have had ex- the people’s House, after all, and it is ability in a lot of different ways. We amples this evening about restoring ac- important that we put partisan politics feel that there are some truly mis- countability to government, and the at the water’s edge. We are in a real guided priorities that are hurting our accountability and lack of it within mess in Iraq. There is no doubt about country and hurting us as people here. FEMA. that. I have every hope, as do most Mr. Speaker, just Sunday evening, We are going to hear about other Americans, that, in fact, we do the millions of Americans watched ‘‘60 areas where we need to restore ac- right thing in ensuring that this effort Minutes.’’ We heard what the Blue countability within our Federal Gov- takes place in a way that brings our Dogs have been talking about for more ernment this evening, and we will talk American troops home as safely and as than a decade. some about the Blue Dog Coalition’s quickly as possible. In the report, the U.S. Comptroller Iraq War Accountability Act. However, if this surge is not success- General, the Nation’s top accountant, We support our troops. In fact, we ful, as I asked Secretary of State urged people to wake up to our budget support them so much we want to Condoleezza Rice in the Foreign Affairs crisis before it is too late. These are his make sure this $12 million an hour that Committee just 2 weeks ago, that I words, Mr. Speaker. is being sent to Iraq of your hardearned think it is absolutely critical that we ‘‘What’s going on right now is we’re tax money, Mr. Speaker, is going to understand what our backup plan is. I spending more money than we make.’’ support our men and women in uni- think the American public is getting Couldn’t be much more simple. ‘‘We’re form. Unfortunately, as we have tired of us pursuing these efforts with- charging it to a credit card and expect- learned, much of it is not, and that is out the sort of time invested effort ing our grandchildren to pay.’’ why we have this legislation, H.R. 97, that is going to ensure that if this ef- Mr. Speaker, that is absolutely the Iraq War Accountability Act. fort is not successful, we have a backup wrong. The Comptroller General is ab- Mr. Speaker, if you have got any and that we are not simply winging it, solutely right. Our fiscal mess is out- comments, questions or concerns for because I think too often that has been rageous, and we as Blue Dogs stand for us, you can e-mail us at the history of the recent past in this accountability. Reckless budgets and [email protected]. That is engagement. irresponsible spending has got us into [email protected]. Mr. Speaker, and my colleague, Con- the fix we are in, and now it is the re- At this time, Mr. Speaker, I yield to gressman MIKE ROSS, I would like to sponsibility of this Congress to help us another member of the fiscally con- shift this effort of accountability and get out. servative Democratic Blue Dog Coali- transparency back to our Nation’s The administration has had mis- tion, the gentleman from California shores. I was very moved by the com- guided priorities that have been pain- (Mr. COSTA). ments Congressman MIKE ROSS made fully clear. They send pallets of cash to Mr. COSTA. Mr. Speaker, I want to when he talked about the devastating Iraq while our veterans at home suffer thank the gentleman from Arkansas impact of those tornados in his district in dirty, broken-down facilities, not (Mr. ROSS), my good friend, who every back in Arkansas. I saw the devasta- getting the medical care that they day is working to represent the con- tion on television shortly after it oc- need after putting their life on the line stituents of his State. curred. for our country. Recent reports of the I share, too, the concerns with the I e-mailed my friend, Congressman deplorable conditions and the roach-in- lack of accountability that has taken MIKE ROSS, and asked him how it was fested rooms at Walter Reed are an place over the last 4 years as we have there. He talked about the horrific

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.108 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2220 CONGRESSIONAL RECORD — HOUSE March 6, 2007 challenges his constituents were fac- When the President spoke here in the Yet, we have squandered that, this ing, and I felt for him. I felt for him be- State of the Union in January and said administration and this Republican cause whether we like it or not, nat- that folks are less concerned about the Congress, for the past 6 years, year ural disasters occur throughout the partisan squabbling that takes place after year, have given us the largest country, whether it is in Florida, and they are more concerned about deficit ever in our Nation’s history and whether it is Katrina in Louisiana and doing the people’s business, I agree the largest debt ever in our Nation’s Mississippi. I know, because just in with the President. In fact, this is part history. January we had a similar natural dis- of the people’s business, being account- In fact, to put it in perspective, the aster in California, called the freeze. able, being transparent, and making total national debt from 1789 to 2000 This devastating freeze has now im- sure that after action that has already was $5.67 trillion. But for 2010, the total pacted the State of California over $1.3 taken place, clearly 6 weeks, now going national debt will have increased to billion. Now, when you have a freeze on to 7 weeks, after the initial disaster, nearly $11 trillion. That is a doubling that impacts communities in many that yet we have no response from of the 211-year debt in just 10 years. In- counties such as we had in California Washington. terest payments on this debt are one of in January, it doesn’t take on the same Ladies and gentlemen, folks in Cali- the fastest-growing parts of the Fed- sort of graphic visuals that a tornado fornia and those 31 counties expect bet- eral budget, the debt tax we call it, d- or a hurricane does, but it is the worst ter. My constituents expect better, and e-b-t; and it is one tax that cannot be freeze we have had in over 10 years. I am hopeful that soon the President repealed. Governor Schwarzenegger immediately and the administration will step up to Our Nation is spending more money declared the State a disaster, an area the plate and take FEMA’s rec- paying interest on national debt than designated as 31 counties eligible for ommendation and that the Office of we are educating our children. If that State aid, and the State has been put- Management and Budget will suggest is not wrong, I don’t know what is. It ting money in there. to the President that, in fact, Cali- is morally wrong. Well, you could see the current na- We have signed a bipartisan letter to fornia is deserving of the same sort of tional debt is at an all-time high. Why the President asking for Federal sup- support and response and account- do deficits matter? Because they do re- port. The estimate is that the freeze ability that all of our citizens expect. has affected not only $1.3 billion in I thank the gentleman from Arkan- duce economic growth. They burden losses, and those numbers are adding sas, my dear friend and colleague, Mr. our children and grandchildren with li- abilities. They increase our reliance on up, but over 12,000 farm workers, as MIKE ROSS. well as farmers, have been impacted. Mr. ROSS. An important member of foreign lenders who now own 40 percent The livelihood of these farmers, these the Blue Dog Coalition, a group of fis- of our debt. Mr. Speaker, this adminis- farm workers and the communities cally conservative Democrats who tration in the past 6 years has bor- rowed more money from foreign cen- they live in have threatened the econo- spends many a Tuesday night here on tral banks and foreign investors than mies of these towns where we have had the floor with me talking about the the previous 42 Presidents combined. need to restore common sense and fis- 50 percent, 70 percent unemployment Mr. Speaker, you might be surprised cal discipline to our Federal Govern- just in the last 4 to 6 weeks. at who they are. It is kind of like I was talking to a good friend of ment. David Letterman and his Top 10 list. mine, Sarah Reyes, who heads up the Why? Because today the U.S. na- Here is the Top 10 list of people that we community foodbank back in Fresno tional debt is $8,811,969,377,773 and some have gone out and borrowed money County. She told me that in the last 6 change. For every man, woman and from in the last 6 years. The United weeks they have fed over 91,000 fami- child in America, their share, our share States of America goes out to other lies, 91,000 families that don’t have of the national debt is $29,245. It is countries and borrows money to fund jobs, that are out of work. But still, what those of us in the Blue Dog Coali- tax cuts in this country for folks earn- even though we have sent this letter, tion have coined as the debt tax, d-e-b- ing over $400,000 a year. the Governor made the declaration, 31 t, and that is one tax that cannot go Here is the Top 10, we have borrowed, counties have been impacted, the ad- awayand cannot be cut until our Na- the United States of America has bor- ministration has yet to declare the tion gets its fiscal House in order. rowed, $637.4 billion from Japan; China, freeze a Federal disaster. Why is this important? Our Nation is $346.5 billion; the United Kingdom, So you ask why, why is our Gov- borrowing nearly $1 billion a day. In $223.5 billion. You will love this one, ernor, Governor Schwarzenegger’s re- addition to billing $1 billion a day, we OPEC, the United States of America quest being ignored? Why is the letter are spending about half a billion every has borrowed $97.1 billion from OPEC; that has been signed by both Demo- day paying interest on the debt we al- Korea, $67.7 billion; Taiwan, $63.2 bil- crats and Republicans among the Cali- ready got before it goes up another $1 lion; the Caribbean Banking Centers, fornia congressional delegation being billion today, a half a billion dollars a $63.6 billion; Hong Kong, $51 billion; disregarded? Why is the administration day. What could we do with that? Germany, $52.1 billion. acting so casually about a situation Just in my district alone, give me Rounding out the Top 10 countries, that puts families out of work and fam- three days’ interest on the national where the United States of America ily businesses at risk? debt, and I could complete I–49 across has gone and borrowed money from for- Mr. President, the freeze may not the western side of Arkansas. Give me eign central banks and foreign lenders, make the sort of pictures that we have another three days’ interest on the na- you will not believe this one, Mexico. seen in Florida or in Arkansas or in tional debt, and I could complete I–69 The United States of America has bor- Louisiana or in Mississippi; but I can through the delta region of south Ar- rowed $38.2 billion from Mexico to fund tell you, if you come to those commu- kansas, two important interstate road tax cuts in this country for people who nities and visit and meet with those projects that could help create eco- earn over $400,000 a year. farm workers who are out of work, you nomic opportunities and lift up one of We are trying to fix this, and in this talk to those farmers and their fami- the poorest regions in our country. new Democratic majority, I am proud lies who have invested their entire Yet these priorities continue to go to tell you that not in the first 100 lives in their family farm, you will see unmet. Why? Because of a lack of fiscal hours, but the first 24 hours, the new just as dramatic an impact as any dev- discipline, because too much of your Democratic leadership listened to the astation of any other natural disaster. hard-earned tax money is going to pay 43-member strong fiscally conservative So I think it is time for the adminis- interest, not principal, but just inter- Democratic Blue Dog Coalition and re- tration to focus on the accountability est on the national debt. Year after instituted what is known as the in its efforts in California for those year, it is hard now to believe, but PAYGO rules, which means pay-as-you- families that have been so impacted by from 1998 to 2001, we had a balanced go. Those were the rules that were in this devastating freeze. Accountability budget in this country and a surplus, place on this House floor from 1998 is what people expect their government the first time either a Democrat or a through 2001 when President Clinton to do. They expect their government to Republican had given us that, in about gave this Nation its last balanced solve problems. 40 years. budget.

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.110 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2221 Some Republicans will have you be- taxpayers would see the widespread the change that we all seek and the lieve, oh, that means they want to waste, fraud, and abuse. And that is transparency that we all deserve. It is raise taxes to fund a program. Not so. why, as Blue Dogs, we stood together time for answers, Mr. Speaker, and it is That means that we think you should with the Iraqi Accountability Act. time for accountability, and it is time review programs and find programs Fifty-eight Members of Congress to put an end to the pattern of neglect. that don’t work and cut them to pay agreed to this act. Congressmen ALLEN, Mr. ROSS. I thank the gentleman for new programs. Pay-as-you-go does ALTMIRE, ARCURI, BACA, BAIRD, BAR- from Pennsylvania for his work in not mean raise taxes to fund a new pro- ROW, BEAN, BERRY, BISHOP, BOSWELL, helping write the Iraq War Account- gram. It means restore accountability BOYD, BOYDA, BRADY, BRALEY, ability Act, which calls for trans- to our government, no more rubber- CARDOZA, CASTOR, CHANDLER, COSTA, parency on how Iraq war funds are stamp Congress. DAVIS, DONNELLY, ELLSWORTH, spent. It creates a Truman-like com- It means we are going to demand ac- GILLIBRAND, GONZALEZ, HARE, HARMAN, mission to investigate the awarding of countability from our Federal agen- HERSETH, HILL, HODES, HOLDEN, contracts, the need to fund the Iraq cies; and when programs don’t work, ISRAEL, MAHONEY, MARSHALL, MATHE- war through the normal appropriations and when agencies don’t know how to SON, MCINTYRE, MCNERNEY, MELANCON, process and not the so-called emer- administer them, we are going to cut MARCHANT, MILLER, MITCHELL, DENNIS gency supplementals that hide the them and use that money to fund other MOORE, GWEN MOORE, PETERSON, POM- funding, and using American resources programs that can work. EROY, ROSS, SALAZAR, SCHWARTZ, to improve Iraqi assumption of inter- Well, we have talked a lot this SCOTT, SHULER, TANNER, THOMPSON, nal policing operations. Another exam- evening about accountability, and I am WELCH, FILNER, WALZ, CLARKE, ple of how the Blue Dogs are leading real proud to be joined by one of the ELLISON, SIRES, HOLT, REYES. the way, Mr. Speaker, in trying to re- authors of our Iraq War Accountability All of these Members, all 58 Members store accountability to our government Act. We support our troops. In fact, the are cosponsors to the Iraq Account- here at home as well as in Iraq. gentleman here with me tonight, from ability bill, and they signed on because And in closing, Mr. Speaker, as I began this Special Order this evening, I Pennsylvania, Mr. MURPHY, is an Iraqi they have seen what is really going on. war veteran. My brother-in-law is serv- They have seen that over the past 4 talked about the terrible tornados that ing tonight in the Middle East. years families of my district of Bucks devastated Dumas and Desha Counties We support our troops, but we also County, Pennsylvania and northeast in my district, and I enter into the want to make sure that this $12 million Philadelphia and across the country RECORD two letters addressed to the an hour of your tax money that is have heard a lot of bad news from Iraq. President, one February 28 and one being sent to Iraq is accounted for, and But we are also hearing about money March 5, 2007. that it is being spent on our troops to lost and weapons missing. Recently CONGRESS OF THE UNITED STATES, protect them so they can return home here in Congress we heard from the Washington, DC, February 28, 2007. safely. Special Inspector General for Iraq Re- Hon. GEORGE W. BUSH, The White House, For the remaining 5 or 10 minutes we construction. He spoke to the Armed Washington, DC. have got this evening, I recognize the Services Committee, and he told us DEAR MR. PRESIDENT: We are writing to gentleman from Pennsylvania, a new about $9 billion that has simply van- support Governor Mike Beebe’s request for a member but an important member of ished. But as many as 14,000 weapons Presidential declaration of major disaster the Blue Dog Coalition, Mr. MURPHY. have disappeared, weapons that could for Desha County in Arkansas. Currently, Mr. PATRICK J. MURPHY of Penn- be in the enemy’s hands right now. the State of Arkansas and local communities sylvania. Thank you, Congressman These are dollars and these are weap- are beginning the process of recovering from ons that were sent to the Iraqis that the heavy rains, high winds, and tornadoes ROSS. I will make sure that when my that touched down in Arkansas on Saturday, wife and I retire today we will pray for have gone missing because of mis- February 23rd. Pursuant to the provisions of your brother-in-law over in the Middle management and fraud. It is not just Section 501(a) of the Robert T. Stafford Dis- East. He is one of our heroes, and we about the money, but it is also about aster Relief and Emergency Assistance Act, are proud of his service to the country. the safety of our troops. Those missing we ask that the State of Arkansas receive a I rise today to bring an end to the weapons could arm an entire division federal disaster designation for the damage pattern of systemic neglect from the of the Muqtada al-Sadr army, an entire assessed in Desha County. White House. Last November, Amer- division. As you are probably aware, we represent a Mr. Speaker, it is long past time that predominantly rural state where municipal ican families sent Democrats to Con- governments are often ill-equipped to re- gress to bring about change. There are we kept track of the money and the spond to disasters of this magnitude. We now 49 new Members in the House of weapons that we are giving to the have no doubt that all available resources at Representatives. Five of those Mem- Iraqis and replace the fraud, waste, and the state and local level are being used, but bers are veterans. Of those five, I am abuse with proper oversight, responsi- federal assistance will be needed to help the proud to say they are all Democrats. I bility, and accountability. affected communities recover. am also proud to say that three of the The legislation that the Blue Dogs We would also like to specifically request are supporting addresses the glaring that Desha County be approved for the five are from the great Commonwealth FEMA Individuals & Households Program of Pennsylvania in Admiral SESTAK, lack of oversight and accountability in (IHP) to include Temporary Housing and as- Commander CARNEY, and myself. Iraq and addresses how taxpayer dol- sistance with Mobile Homes and Travel Change from the neglect our military lars are spent on the war. It puts for- Trailers, Small Business Administration dis- veterans are currently experiencing, as ward commonsense proposals that en- aster loans, and Direct Federal Assistance. they try to get the health care they de- sure that fewer resources are wasted The availability of rental property is re- serve, Americans have seen now the and more resources get to the troops stricted with the closest jurisdiction being past few days what is going on in Wal- on the battlefield. approximately 45 miles. This legislation calls for trans- As you know, many of the manufactured ter Reed. It is our opinion that this is homes and travel trailers purchased by criminal neglect. parency in how Iraq’s war funds are FEMA for use in the Hurricane Katrina dis- spent. It urges the establishment of a b 1845 aster are currently sitting unused in Hope, Truman committee-type commission Arkansas. It is our belief that these manu- But when the people voted for change to track and curb the fraud, waste, and factured homes and travel trailers should be in November, they voted to change abuse. It calls for the Iraqi war to go made available to those Arkansans left from the strategy in Iraq that has through the normal budgeting process, homeless by Saturday’s storms. The inabil- American troops refereeing a civil war not through emergency bills or ity of FEMA to find a permanent home for while too many Iraqis sit on the side- supplementals. These are measures ev- these manufactured homes and travel trail- lines, and a change in the way we pay ers in areas affected by Katrina has been a eryone should agree on regardless of source of frustration for the Arkansas dele- for the war in Iraq. the political party. gation and our constituents. However, their The American taxpayers have spent American families are frustrated close proximity to the disaster in our state more than $400 billion in Iraq. If they with the war in Iraq. This legislation provides a perfect opportunity to put some of were to see an invoice, just one invoice, will go a long way toward providing them to a good use.

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.111 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2222 CONGRESSIONAL RECORD — HOUSE March 6, 2007 Mr. President, we respectfully request your victims can have access to temporary emer- been visited, I know, by members of swift consideration and approval of this re- gency shelter. This is the right thing to do the VFW, by the Veterans of Foreign quest. If you have any questions or need ad- and I look forward to your response. Wars. And it is very humbling to sit ditional information, please do not hesitate Sincerely, and to talk with members of the VFW, to contact us. MIKE ROSS. Sincerely, to listen to their stories, to hear their f BLANCHE L. LINCOLN. concerns, to appreciate the challenges MARK PRYOR. THE OFFICIAL TRUTH SQUAD that they have and the issues that they MIKE ROSS. believe Congress ought to be address- The SPEAKER pro tempore. Under ing. MARCH 5, 2007. the Speaker’s announced policy of Jan- These are truly heroes. They are Hon. GEORGE W. BUSH uary 18, 2007, the gentleman from Geor- truly heroes from previous conflicts President of the United States, gia (Mr. PRICE) is recognized for 60 that our Nation has been involved in. The White House, Washington, DC. minutes as the designee of the minor- And it is distressing when you talk to DEAR MR. PRESIDENT, I am writing to you ity leader. because I have great concerns regarding the these members of the VFW and you lack of a federal disaster declaration for Mr. PRICE of Georgia. Mr. Speaker, I hear their same kinds of concerns Desha County, Arkansas, and the desperate appreciate that recognition. I want to about facts. need for temporary housing for this storm- thank the leadership on the Republican Many of them from my district came, ravaged Delta County. side for the opportunity to address and they wanted to know why there On February 24,2007, two terrible tornadoes once again the House of Representa- hit the towns of Dumas and Back Gate in was not the kind of correct informa- tives and talk about some important tion that was getting out on the floor Desha County, Arkansas. While my heart issues that our Nation is dealing with, goes out to the people in Alabama and Geor- of the House of Representatives, why gia who were recently hit by deadly torna- and bring the latest version of the Offi- we weren’t talking about the truth as does, I write to you because I am concerned cial Truth Squad. This is a group of it relates to, not just our veterans, but that the Federal Emergency Management folks who have determined to try to the current situation in the world. Agency (FEMA) has now forgotten about our bring some sunlight and some truth to They were extremely concerned that so situation in Arkansas. The tornadoes that the issues that we talk about here in many of our friends on the other side of passed through our state destroyed or heav- Washington. And after the last hour, ily damaged more than 150 homes; caused 800 the aisle were distorting the truth, Mr. Speaker, a lot of truth needs to be were not bringing real information to people to be out of work because 25 busi- shed, because the amount of misin- nesses were destroyed; required the Governor the American people, and were causing to send in the National Guard to enforce se- formation and disinformation that our great challenges for all of us to try to curity and for clean up purposes; and forced friends on the other side of the aisle do the right thing as it relates to our the town to be without electrical power for have put forward needs to be corrected, Nation and to our members of the mili- five days. In this small town, with an esti- and so we are here as the Official Truth tary right now who are defending lib- mated population of 5,300, this level of dam- Squad to do just that. It is a great erty around the globe, and to assist age and destruction has been overwhelming. privilege, and I want to thank the Re- veterans in their time of need. And so Desha County has still not been declared a publican Conference, the Republican federal disaster area, and one of my greatest I shared my concern with them about concerns is the fact that there is no alter- leadership for that opportunity. the information that was being native housing for those residents who have The Official Truth Squad started as a brought forth, especially about the sit- been displaced. Nearly 9,000 brand new, fully group of freshmen last term who were uation in Iraq. furnished mobile homes sit less than three frustrated by, as I said, the As you know, Mr. Speaker, we have hours away at a FEMA staging area in Hope, disinformation and the misinformation heard what the strategy of the Demo- Arkansas, and all I ask that you make wise that was perpetrated and brought for- crats is as it relates to Iraq. They have use of our taxpayers’ money and instruct ward on this House floor day after day preemptively surrendered. One of their FEMA Director David Paulison to move 150 after day after day, and we thought of these mobile homes to Desha County for Members has defined what has been de- temporary housing. that it was appropriate to get together scribed as a slow-bleed policy. It kind Last week, I toured the devastation in and attempt to bring some light to of gives you chills when you think Desha County with Governor Mike Beebe and issues, attempt to bring some facts to about it, Mr. Speaker, a slow-bleed pol- strongly supported his request to you for a issues. And we have a favorite quote. icy. That individual was interviewed 2 federal disaster declaration to assist those We have a lot of favorite quotes, but or 3 weeks ago, and during that period businesses and individuals that have been one of our favorite quotes is indeed one of time when asked how is he going to damaged or left without shelter. I also joined of my favorite quotes that I think crys- Arkansas’s U.S. Senators Blanche Lincoln institute this, how is he going to insti- and Mark Pryor in support of that request. tallizes exactly what the mission is tute this slow-bleed policy on the mili- At that time FEMA Director Paulison in- here. And in Washington it is so dif- tary as a Member of the House of Rep- formed me in a phone conversation that the ficult to try to get to the second clause resentatives, an influential Member of Governor’s request had been passed on from of this sentence. But this is from Dan- the House, a member of the majority the FEMA Region VI office to FEMA’s Wash- iel Patrick Moynihan, Senator Moy- party, a member who has an oppor- ington, DC office and was pending his review. nihan, a former United States Senator tunity to do great things, and what he Mr. President, as you and I spoke a month from the State of New York and a has said is, ‘‘They won’t be able to con- ago at the House Democratic Caucus Retreat former United States representative of in Williamsburg, Virginia, the need to put to tinue. They won’t be able to do the de- use the nearly 9,000 brand new, fully fur- the United Nations, a wonderful gen- ployment. They won’t have the equip- nished mobile homes stored in Hope could tleman, a very wise individual. And he ment.’’ not be greater. It has now been more than a said, ‘‘Everyone is entitled to their Mr. Speaker, that is chilling. That is week since these storms hit our state, and I own opinion, but not their own facts.’’ chilling. respectfully request that you do what is Everyone is entitled to their own opin- It is made all the more disgusting be- right and declare Desha County, Arkansas, a ion, but not their own facts. cause of the comments of our own federal disaster area. Such a declaration So it is in that spirit, Mr. Speaker, Speaker who said that funds would would enable area businesses to take advan- that we come to the floor tonight and tage of federal resources and allow you to never be cut off from our troops in begin moving mobile homes from the Hope talk about a number of issues, and try harm’s way. And here the individual Airport to Desha County for temporary hous- to shed some of that light, try to bring who is charged with developing the ing. some facts to the table. strategy for the majority party in the I have toured the devastation in Desha We get visited oftentimes here in House of Representatives on Iraq says, County and seen first-hand the effects of this Washington by folks who are constitu- ‘‘They won’t be able to continue. They storm. I have also enclosed a photo taken ents, folks from back home. They come won’t be able to do the deployment. Saturday of the nearly 9,000 fully furnished here and they visit us, and they talk mobile homes purchased for Hurricane They won’t have the equipment.’’ Katrina victims but never used that sit un- about the kinds of issues that are im- Mr. Speaker, I don’t know about you, used in Hope, Arkansas. I again ask that you portant to them. And today, Mr. but I get e-mails and communications declare Desha County a federal disaster area Speaker, and yesterday in Washington sent to me from constituents who are and make 150 mobile homes available so that we have been visited, all of us have serving in Iraq. I know men and women

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A06MR7.054 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2223 who are serving in Iraq who are doing has been put forward by the majority ferent parameters, and we are going to their duty. To have a Member of the party, as much it is with the rest of the look at a couple of them this evening. House of Representatives in a remark- policies that we will address, some of Measure of economic expansion can be ably influential role say he is going to which we will address tonight. measured by real GDP growth, gross do all he can to limit the equipment I want to just highlight a couple domestic product growth. And that has that will protect our men and women other matters as it relates to this averaged a robust 3.6 percent since the in harm’s way in Iraq and around the ‘‘slow bleed’’ policy. And Mr. Speaker, enactment of what, Mr. Speaker? Tax world is deplorable. It is deplorable. as you know what that has been de- reductions in 2003. The tax relief meas- Mr. Speaker, that is a fact. Not an fined as is cutting off the funding or ures of 2003 have resulted in, I believe, opinion, not my opinion. That is a fact. decreasing the funding, not for the we believe, a remarkably robust econ- That is what he said. That is what he troops specifically but for the equip- omy. plans on doing. That is what he said he ment, for the logistics, for the support And so as we move through these will work to convince his party to do. staff that is required, all of the things facts tonight, as we move through About that same time, our Speaker that make it so our men and women these measures, it is important to ap- was quoted as making the following can be secure in the knowledge that preciate, well, how did that all come claim, ‘‘Democrats have proposed a dif- they are able to have all the equipment about? Why did that happen? It didn’t ferent course of action over and over and the personnel available to protect just happen willy nilly. And so what we again, and we have suggested a dif- themselves and to carry out their mis- have seen over the last 31⁄2 years is a ferent plan.’’ That is the claim. That is sion. remarkably robust growth in the gross the facts of the statement. So, once again, the quote from our domestic product; 3.6 percent, as I men- The truth, according to United Speaker, another quote from our tioned, over that period of time. Mr. States Senator JOE LIEBERMAN who has Speaker about, almost now 2 months Speaker, that is faster than the aver- been a stalwart in recognizing the dan- ago, from January 19, 2007. The quote ages of the 1970, which was 3.4 percent, ger that the world finds itself in and was, ‘‘Democrats will never cut off the 1980s, which was 3.1 percent, and I recognizing the importance of sup- funding for our troops when they are in know this will come as a shock to some porting our troops who are in harm’s harm’s way.’’ folks, Mr. Speaker, but those glory way, the truth, as he states it, is, ‘‘Any The reality is, and it goes into a bro- days of the 1990s, when we all thought alternatives that I have heard ulti- ken promise that I believe, we believe, that the economy was booming as rap- mately don’t work. They are all about the other side is getting very adept at. idly as it could and as good as it could; failing. They are all about with- They are continuing to break promises in fact, that growth during the 1990s drawing. And I think allowing Iraq to that they make with the American was 3.3 percent, again, compared to 3.6 collapse would be a disaster for the people over and over again. This one, percent since the tax reductions, ap- Iraqis, for the Middle East, and for us.’’ the promise was, we will never cut off propriate tax reductions in 2003. b 1900 funding for the troops. What we have on this chart, Mr. Mr. Speaker, I find the double talk The reality, according to Mr. JOHN Speaker, is the unemployment rate, that is coming out of the majority par- CONYERS, Representative JOHN CON- and it is another kind of gauge of how ty’s mouth at this time as it relates to YERS, ‘‘The founders of our country the economy is doing. How many jobs protecting our troops and fighting for gave our Congress the power of the is our economy creating? And that is freedom and liberty to be not only dis- purse because they envisioned a sce- the good news, Mr. Speaker, that since ingenuous, I find it to be a disservice to nario exactly like we find ourselves in June of 2003, 7.4 million new jobs; 7.4 the American people, because when we today. Not only is it in our power, it is million new jobs, Mr. Speaker, which is are not talking about facts, it is impos- our obligation. It is our obligation to a remarkable number, an average of sible to reach the right conclusion. stop President Bush.’’ 169,000 new jobs each and every month. All of us come to this body with var- Another quote from Representative Now, you would say, well, that had ious experiences, different back- MAXINE WATERS, Representative from just been going on just like that before grounds, different professions, different California, made just a couple of weeks the reductions in the tax rates in 2003. work experience. Mine is as a physi- ago, ‘‘I will not vote for one dime. I But this poster, Mr. Speaker, speaks to cian. I spent over 20 years, nearly 25 will not vote for one dime.’’ that. What this poster shows is the years practicing medicine. And I knew So, Mr. Speaker, we see the promises level of unemployment, the percent that when I took care of patients, that that are being made, that are being level of unemployment in our Nation if I didn’t do my level best to make cer- talked about to the American people, and plots it over a period of time. tain that I had made the right diag- but the truth of the matter is that the Here on the far left portion of the nosis, that I had dealt with truthful majority party is continuing to break graph, we have 2001, and on the far items to get to the right diagnosis, I promises, and I find that very dis- right portion, we have 2007. So over the couldn’t institute the right treatment. tressing. I also find that of great con- past 7 years, 6 to 7 years, what we see And so I would suggest, Mr. Speaker, cern to being able, once again, to reach is this red line that demonstrates the to my colleagues that unless we recog- the right diagnosis of the challenges level of unemployment. And we see it nize truthful statements, unless we that we have before us and then mov- climbing from a rate of mid 4 percent recognize the facts that are presented ing forward with the correct treat- until 2003, at this point where it to us, that we will not make the right ment. reached its apex, its highest amount of diagnosis. And I would suggest, Mr. I want to talk for a little bit, now, about 6.3 percent. And at that point, Speaker, that the other side, the ma- Mr. Speaker, about another item that something happened. jority party has failed to make the cor- has, another issue that has not had a Something happened, Mr. Speaker. rect diagnosis, so it will be difficult for whole lot of light from the other side of And what happened was that this ad- them to institute the right treatment. the aisle on it, and that is our economy ministration recognized and this Con- Now, I won’t go so far as to say, al- and the remarkable economic growth gress recognized that the economy though I might be legitimate in doing that this Nation has seen over the last needed stimulating, needed some en- so, that occasionally, when physicians three to 4 years. couragement, needed some investment. make the wrong diagnosis, they are If you look at truth, and you look at And our good friends on the other side charged with malpractice. But I would facts, one would have to admit that of the aisle oftentimes say, well, when ask my friends on the other side of the this has been a remarkably robust the economy needs more money what aisle to appreciate and recognize that economy. We have now seen nearly 31⁄2 we need to do is to get more taxes from truth will get you to the right diag- years of solid, consistent economic ex- the American people. We need to take nosis, which will allow all of us to pansion which followed the downturn, more money from them so that govern- work together to identify what the the economic downturn and the reces- ment has the amount of money that it right treatment ought to be. sion of 2001. needs to be able to do whatever they And that is in the case with this rep- The measure of economic expansion would like to do with revenue that rehensible, ‘‘slow bleed’’ policy that can be measured by all sorts of dif- comes into the Federal Government.

VerDate Aug 31 2005 05:27 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.113 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2224 CONGRESSIONAL RECORD — HOUSE March 6, 2007 But what we understand, and what 1970s, difficult time, 6.2 percent. Right over the last 45 years, the tax reduc- fiscal conservatives understand and now, Mr. Speaker, 4.6 percent. The av- tions of President Reagan’s adminis- what true historians understand is erage through the 1970s, 7.3. Right now, tration and, yes, Mr. Speaker, the tax that, when you cut taxes, when you de- Mr. Speaker, 4.6 percent. And you re- reductions of President Kennedy’s ad- crease taxes on the American people, member the 1990s? Again, that wonder- ministration, both of those tax reduc- revenue goes up, the economy booms, ful time, those halcyon days of the tions saw a significant increase in the and jobs are created. And that is what 1990s, when our economy was booming amount of revenue that comes into the happened in 2003, Mr. Speaker. And you and everybody was doing just grand? Federal Government. And why is that? see, since then, a steady decline in the Well, Mr. Speaker, the average unem- It seems kind of counterintuitive. Why unemployment rate. Why? Because the ployment rate in the 1990s was 5.8 per- is that? American people had more money in cent. Today, 4.6 percent. Mr. Speaker, Well, again, when you allow the their back pocket, because American that is a fact. American people to make decisions people know best how to spend their And remember, Mr. Speaker, people about their own money and not have money, not government. It is not the are entitled, as Senator Moynihan used the government making decisions government’s money. It is the Amer- to say, they are entitled to their opin- about that money, they decide for ican people’s money. And when they ion, but they are not entitled to their themselves when to save or to spend or have that money and can make those own facts. invest that money, and what that does decisions, those personal financial de- And then we hear, well, there are is stimulate the economy in ways that cisions, then our Nation is helped in jobs, yes, but they are not good jobs. the government never, never can stim- ways that are incalculable. Incalcu- They are not real jobs. They aren’t jobs ulate. lable. And what happens is that the that have seen any real economic And consequently what you see, Mr. economy grows, the economy booms, growth. Well, let’s look at some facts Speaker, is this kind of graph: here we and more jobs are created. there, too, Mr. Speaker. have the capital gains tax revenues. What about household net worth? We Productivity growth, which is a fun- These are revenues from taxes on the have heard, well, it is not getting down damental driver of the potential long- gains that are seen across all types of to real people. It is not getting down to term economic growth, what kind of investments. And what we have is the those who own homes. In fact, Mr. productivity, what kind of output our amount of money from that capital Speaker, there are more individuals, economy is producing, grew at a rate of gains that came into the Federal Gov- more people, more percent and more 2.1 percent in 2006. The average growth ernment in the years 2003, 2004, 2005, numbers of Americans owning homes between 1993 and 2000, remember those and 2006 on the same track as heading now than ever before in the history of halcyon days, Mr. Speaker, the average for 2007. And the yellow line on the bot- our Nation. Mr. Speaker, that is a good growth during that period of time in tom here, Mr. Speaker, is the projec- thing. That is a good thing. productivity was 1.8 percent. tion that the CBO, the Congressional I know there is a lot of doom and Budget Office, made prior to the tax re- b 1915 gloom out there, and a lot of people in ductions, appropriate tax reductions. this town don’t want the American The average growth now, produc- So we see a gradual, steady increase in people to know that there are some tivity growth: 2.1 percent. the amount of money coming into the good things that are happening in our So, Mr. Speaker, these are good days Federal Government based upon cap- Nation. I, frankly, get tired of all the from an economic standpoint. ital gains tax revenue. The same graph naysayers. I know that people in my And then wage growth, we hear from would hold for dividend taxation rev- district do as well, because they know some of our friends on the other side of enue. what is happening on the ground and the aisle, well, they just aren’t good And what we see actually happened what is happening out there across jobs. Real wage growth isn’t hap- when the tax reductions were insti- America is that more Americans own pening. But wage growth plus benefits tuted is the blue line, and it tracked a their home now than ever before in the growth, total compensation, which had little bit above it for the first year. But history of our Nation. lagged behind productivity growth ear- what we always see, when you keep tax And that is not just absolute num- lier in this recovery, surged in the last reductions in place, is more economic bers. That is a percent. Nearly 70 per- year, in 2006. It was up 6.3 percent, 6.3 development, more job growth, more cent of the American people own their percent on an analyzed rate in the gross domestic product growth, more home. That is a record. That is a fourth quarter of 2006. revitalization of the economy; and so record, Mr. Speaker. Mr. Speaker, that is good news. That what happens is that annual revenues And when you look at household net is good news. I would once again urge coming into the Federal Government worth, household net worth, the value my friends on the other side of the actually increase, and they increase by of homes for the American people has aisle to convey that good news to their a huge amount. Increase by a huge reached an all-time historic high, and constituents. And then I would urge amount. in the last year, it increased by 7 per- them to ask why is that happening, The tax relief has resulted in signifi- cent. We see the unemployment rate why have we seen this kind of good cant economic growth that has re- down to 4.6 percent in January of this news. sulted in significantly higher tax rev- year. Well, Mr. Speaker, it is because of enue. After the declines from 2000 to We talked about some averages for the appropriate tax reductions that 2003, revenue surged in 2004, 2005, and economic growth over the last couple this Congress, this administration 2006. In 2005 the revenues grew by 14.6 of decades, comparing now, where we passed on to the American people in percent. In 2006 they were up by 11.8 are right now, to where we have been 2003. percent. over the last couple of decades. We have many folks who will say, This next statement, Mr. Speaker, is What about unemployment? Well, the well, when you cut taxes, what happens important because it speaks to the per- unemployment rate that we have right is that the government doesn’t have manence and the penetration of the re- now, at 4.6 percent, is lower than the enough money to be able to do what it sult of these tax reductions and how average for the 1960s, 1970s, 1980s, and needs to do. And that sounds plausible, they affect the economy and how they yes, Mr. Speaker, the 1990s, too. Isn’t I guess. But when you look at what affect our Nation. Those two revenue that something? That is wonderful really happens, when you look at what increases, 14.6 percent in 2005 and 11.8 news. That is great news. And I would happens historically and you look at percent in 2006, that was the first time suggest to my colleagues in the House what has happened with this tax reduc- since the mid-1980s, and you will recall that it would be important to relay tion in 2003, what we have seen is a sig- that that was the last time we had sig- that news to your constituents. That is nificant increase in revenue coming nificant tax reductions, the first time a good thing. into the Federal Government. And it since the mid-1980s that our Nation has The average rate in the 1960s of un- ought not be a surprise, Mr. Speaker, generated double-digit revenue growth employment was 4.8 percent. Right because in the two major tax reduc- in consecutive years. Remarkable, Mr. now, 4.6 percent. The average for the tions that have occurred in this Nation Speaker. It really is.

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.115 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2225 And I would think that any indi- idea to grow. That is because they say this economy. There is a reason that vidual charged with representing this it is a great idea. And the policies that there is more money coming into the Nation and charged with having some have been put in place at the Federal Federal Government. And that reason input into how to keep this economy Government level will result in their is we are allowing more Americans to moving and how to generate more opportunity to succeed, their oppor- keep more of their hard-earned money. growth in this economy would want to tunity for their employees to succeed, Oftentimes I hear in committee know why, why did that happen? What the opportunity for employees to then meetings many Members of Congress happened in 2003 to turn that around? take that success from the company who will talk about the government’s And it is still continuing. Revenues and from the employee and go buy money as if it is the government’s, as continue to surge in fiscal year 2007. homes and go buy cars and go buy all if it is ours in Congress, that we have Through the first 4 months of the year, sorts of items that are needed by each ownership of this money and that we revenues are up by 9.8 percent, with and every American. And what happens ought to be able to just spend it as we 12.6 percent for individual receipts and then is that it just becomes a wonder- please without absolute priorities. 22.1 percent for corporate receipts. fully self-perpetuating cycle. We heard our good friends earlier this Mr. Speaker, these are incredible But, Mr. Speaker, the reason that it evening talk about PAYGO, pay-as- numbers, truly incredible numbers. So is important to look at this and the you-go, making certain that new pro- one would think that Members of the reason that I am talking about this to- grams that come before the Congress, House of Representatives, Members of night and that we on our side of the that any costs for those new programs the Senate, who are charged with for- aisle are trying to bring truth and will be offset by decreasing the expend- mulating national policy that by any light to this issue is because there is a itures for another program. But what estimation anybody would look at plan on the other side of the aisle to do they don’t tell you, Mr. Speaker, is these numbers and say, yes, that kind away with the tax reductions that have that in that small print of the rules of looks pretty good, maybe we ought resulted in all this wonderful, wonder- that they have passed, it doesn’t apply to continue that. And if you are ful economic news. And that is just to the vast majority of the budget. It charged with developing policy, Fed- baffling to me when I think about doesn’t apply. And, in fact, what the eral policy, national policy that results again the challenge, the charge that Rules Committee upstairs does over in these kinds of good numbers, you each of us in this House has, which is and over and over again is to say we would think that they would want to to, I believe, develop policies that will are going to bring this bill to the floor know why, how did that happen. work to the benefit of the vast major- and we are going to adopt this program How did that happen? Well, there are ity and as many Americans as possible. and we will adopt it and not require it some other charts that I would like to And these types of numbers here, to comply with the PAYGO rules that share with you that will demonstrate these facts, Mr. Speaker, not opinions, this House has supposedly adopted. how that happened and the effect of it. but facts, demonstrate that that is ex- That is what happened in the very I think it is always helpful, Mr. actly and precisely what the tax reduc- first 100 hours, Mr. Speaker, the Speaker, to compare what happened be- tions have done from 2003. And they vaunted 100 hours, that period of time fore the tax reductions and what has have done so by decreasing also the when the new majority was taking this happened since because unless you can budget deficit. And, again, if the econ- Nation in what they called a ‘‘new di- point to a date on the calendar when omy is booming to a greater degree, if rection.’’ Well, they were. And the di- something concrete changed and iden- it is more successful, more people rection they were taking them was tify the occurrences in this Nation working, more people investing, more into the red, further into the red, by from an economic standpoint before people participating in the American spending more money without any off- that date and after that date, it be- Dream, that is a good thing. And what sets. comes difficult to answer that question happens is that more revenue comes Mr. Speaker, I don’t think that is why, why did these seemingly good into the Federal Government, and what what the American people voted for in things happen? happens, Mr. Speaker, to the budget November of 2006. I just don’t believe So this poster here demonstrates deficit? It decreases. It goes down. In that. And when I go home, that is what business investment before and after fact, if we allow the tax reductions to people tell me at home. They don’t be- the tax relief of 2003. And this is re- remain in place, which is what we abso- lieve that the Federal Government markably telling. As you see, the mid- lutely ought to do, and some of our ought to be spending more money. dle line here is the percent of business friends on the other side of the aisle, They think that we ought to be de- investment, either increased invest- some of our friends in the majority creasing the expenditures, not increas- ment or decreased investment. And you party have already said they don’t be- ing them. could say, Mr. Speaker, that through lieve any of those tax reductions ought So the challenge from an economic 2001 and 2002 and the first quarter of to remain in place, that every Amer- standpoint is truly the size of the Fed- 2003, virtually all of those quarters had ican ought to have a tax increase, but eral budget and the lack of ability of decreased business growth or invest- if we allow them to stay in place, what this Congress, this new majority Con- ment. In fact, the average was a de- this chart demonstrates, Mr. Speaker, gress, to prioritize where it wants to crease of 5.6 percent. And that is a de- is that the budget will balance of its spend the hard-earned taxpayer money. crease from year to year to year. So, in own accord because of the policies al- 1930 fact, the cumulative amount of de- ready in place within a 4-year period of b creased investment is huge. time. Within a 4-year period of time. Again, Mr. Speaker, it is not the gov- And then something happened here. Now, our friends on the other side of ernment’s money. It is not the govern- Mr. Speaker, on this vertical line, the aisle, they will come up to the well ment’s money. It is the American peo- something happened. And it answers of the House and they will say, sure we ple’s money, and they work hard, hard, the question why, why did we see these have got to balance the budget, but we for that money, and we ought to be remarkable improvements? And it was have got to raise taxes to do it. very diligent about how we address the appropriate tax reductions of 2003. Mr. Speaker, it just isn’t so. It just spending their hardearned money. And these are undeniable numbers. isn’t so. So I would encourage all Mem- I believe that we ought to allow them This is the business investment after bers of the House to look at these num- to keep a whole lot more of their the tax reductions of 2003, and they bers, to appreciate the trend that has hardearned money. I believe, if you have averaged since that time 7.29 per- occurred, the facts of the economic look objectively at the facts of our cent every quarter. So you see it over numbers that we have available to us economy right now, we are moving and over and over and over again. In in this Nation, and to appreciate that along pretty well. But there is caution fact, we have had 15 straight quarters there is a reason, there is a reason that on the horizon. of economic business investment in- more people are working now. There is We are moving down a highway, and crease. And that is not because the a reason that more people are owning we are ticking along pretty well, our business of America says it is not a their own home. There is a reason that speed is pretty much at the speed good idea to invest, it is not a good more individuals are able to invest in limit, but the signs are flashing. They

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.116 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2226 CONGRESSIONAL RECORD — HOUSE March 6, 2007 are flashing, and they are saying, cau- long at all. It doesn’t seem like very That is why I believe that it is in- tion ahead, caution ahead, because, in long at all. So this is not a long way cumbent upon all of us to ask those our Federal budget, there is automatic away. questions, why is the economy doing as spending that is occurring, and it is oc- What this is screaming at us, what well as it is right now, appreciating the curring primarily in three programs: this is shouting at us, what this is say- truth in the facts that have been pre- Social Security, Medicare and Med- ing to us as we travel down that road sented this evening that demonstrate icaid, three wonderfully successful pro- and those caution lights are flashing, is that the reason that the economy is grams providing great comfort and as- that we as a United States Congress, in doing so well right now is because surance to the individuals who receive order to be wise and prudent and spend Americans have more of their the benefits from those programs. taxpayer money appropriately, these hardearned money in their back pocket Each of those programs have been programs need to be reformed. We need so that they can decide when they promises made to the American people, to keep the solemn promise that we spend or they save or invest their and those programs ought to continue have with the American people who are money. What that results in is the abil- for the individuals who are eligible for in these programs currently, and we ity and the opportunity for them to those programs currently in the man- need to make certain that we move for- make those personal decisions; not the ner in which they were instituted. But ward aggressively and actively with Federal Government. if we continue them in that manner for programs that will make it so these are So, Mr. Speaker, when you see people every American who reaches that won- financially sound programs. coming down to the floor of the House Now, there are a couple ways you can derful age of 62 or 65 and becomes eligi- and they are asking questions about or go. There are a couple directions you ble for them, then this is what hap- asking their colleagues to support this can head when you reform programs pens, Mr. Speaker. program or that program or this policy like this. The real question that be- This chart demonstrates the entitle- or that policy, I would ask you to comes asked when you reform these ment programs, and I don’t like that think about this question: Well, who is kinds of programs is this question, Mr. word ‘‘entitlement,’’ I like the word deciding? Who are they asking to make Speaker. It is the question that is real- ‘‘automatic,’’ because it is automatic decisions in this bill? And more often ly being shouted right now in Wash- spending. It just keeps on going. These than not, Mr. Speaker, I think you will programs have a formula built into ington. That is the question, who de- cides? Who decides? appreciate that this new majority, the them that generates increased money Democrat majority that is currently going into those programs year after We all come to Washington as Mem- bers of Congress with different experi- controlling this House of Representa- year after year because there are more tives, is answering that question with individuals who become eligible for ences, as I mentioned. We come to Washington with different political the Federal Government. The Federal them, because of the demographics of Government is deciding. our society. But we are an aging soci- stripes. We come to Washington with different political philosophies. We I mentioned earlier, Mr. Speaker, ety. There are more individuals who that I am a physician. In my previous are becoming eligible for these pro- come to Washington with various de- grees of understanding or appreciation life, I was a doctor. I practiced medi- grams, and consequently, it takes more for our Nation’s history and how we be- cine outside of Atlanta for nearly 25 money. years. I have great concerns about the This poster demonstrates the per- came great. Right now, we are at a crossroads, direction of health care in our Nation. centage of the Federal budget that is Mr. Speaker. We are at a crossroads for generated in tax revenue, and this line We are at one of those crossroads, our financial programs. We are at a here is the revenue of the Federal and this is the question that this Con- crossroads for so many of our social budget. So we average somewhere a lit- gress will have to answer as it relates programs. We are at a crossroads for, I tle below 20 percent of the gross domes- to health care: Who decides? Who is believe, our Nation when it relates to tic product coming in as tax revenue. If going to be allowed to make personal freedom and liberty. And the question we continue that right along, that is, if health care decisions? Is it going to be being asked is, who decides? patients and doctors, is it going to be we don’t raise taxes on the American Are we going to, with our tax policy, people, which is what we are com- families and their children, along with allow the Federal Government to make the guidance of a medical professional, mitted to doing, that is, not raising more and more decisions as it relates taxes, this is about the level of revenue or is it going to be the Federal Govern- to how to spend the hard earned tax- ment? Is it going to be individuals in that we will have as a nation. payers’ money? Are we going to allow Down below are the fiscal years buildings around this Capitol and the Federal Government to be the ones around this Nation who may or may starting with 2007, this year, and mov- that prioritize how the American pock- ing forward all the way to 2050. People not have any medical training or any etbook ought to be spent? Are we going medical experience at all that will be say well, that is a long way away, and to allow the Federal Government to in- they are absolutely right. But if no making decisions, personal health care crease its involvement in American decisions, for people? changes are made in these three pro- lives? I don’t think that is the direction in grams, Medicare being the blue, Med- Our friends in the majority party which we ought to go, Mr. Speaker, and icaid being the yellow and Social Secu- talk about new direction. Mr. Speaker, rity being the green, this chart dem- that is the new direction that I see. I don’t think that is what the Amer- onstrates that those three programs, When they talk about it, bill after bill ican people believe we ought to do as it those three automatic spending pro- and policy after policy, if you look at relates to health care, and I certainly grams, will consume the entire Federal each and every one, whatever the pol- don’t believe that that is the new di- budget, the entire Federal budget by icy is, the question that they are an- rection that the American people the year 2045 or 2046. swering is, who decides? thought they were going to get when That seems like a long way away, Their answer to that question, more they went to the polls last November. Mr. Speaker, but do you know what? often than not, Mr. Speaker, is that You say, well, what kind of program That is under 40 years from now. Under the Federal Government ought to be could that be? Well, Mr. Speaker, there 40 years ago was the late sixties, and I deciding, not the States, not the local are a number of proposals that have remember the late sixties very well. communities and not the American been put forward by members of the Many of us will remember when the people. majority party, and not just freshman United States landed on the moon. Mr. Speaker, I happen to believe members, not just members who don’t That is about 40 years ago, 38 years firmly in the rectitude of decisions have any input, real input, into the ago. Many individuals, most individ- made by the American people. I believe nuts and bolts of health care policy uals who were alive at the time will strongly that decisions are best when that is coming forward. In fact, what certainly remember when President left to the American people, about al- we have are the chairs of the commit- Kennedy was assassinated. On the one most anything. I believe that the tees of jurisdiction, the chair of the hand, it seems a long time ago. On the American people know best how to House Ways and Means Committee other hand, it doesn’t seem like very spend their hardearned money. that has jurisdiction over health care

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.118 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2227 and the chair of the Energy and Com- So I urge my colleagues to ask as we we became this wonderful and glorious merce Committee that has jurisdiction go through the next number of months, and grand and great Nation. It is our over health care in this Nation. as we go through the kind of policy responsibility in the United States Those individuals, certainly the lat- suggestions and bills that will come to Congress to listen to the truth, to ap- ter, has said that what he believes we the floor, to ask this question. I know preciate how we got to where we are ought to move toward in terms of what my answer is. Who ought to de- right now and to incorporate the struc- health care in this Nation is what he cide in terms of the policies that we ture that allowed us to become this describes as Medicare for all. Medicare brought forward? I know what my an- great and wonderful and glorious Na- for all. swer is. I believe that the American tion, to be the Nation that truly is the Mr. Speaker, I am here to tell you people ought to be the ones deciding. beacon to all who love freedom and that all patients have to do around this b 1945 love liberty around this world. How did Nation, all citizens have to do around we become that Nation, and to incor- this Nation, is the next time they talk I believe that the American people porate the reasons, the rationale and to their doctor, ask their doctor, do ought to be the ones that have an op- the policies that brought us to that you believe that our health care sys- portunity to say, I think that my hard- point into the policies that we promote tem would be better if it were to look earned money ought to be spent in this to move our Nation forward. like Medicare? Do you believe that my way. I ought to be allowed to decide I am confident that if we do that, we personal insurance would be better if it when to spend or save or invest my will answer the question of who de- were like Medicare? Do you believe money, not the Federal Government, cides, with the American people being that allowing the Federal Government not the Federal Government. As well first and foremost. I am confident if we to make health care decisions like they intentioned as they are, and individ- do that as a Congress, we will make the do in Medicare for our entire Nation is uals who work in the Federal Govern- right conclusions. I am confident if we the right way to go? ment by and large are extremely well do that as Congress, we will make the I don’t believe that is the case, Mr. intentioned, they are encumbered by right diagnosis for this Nation, and we Speaker. I don’t believe that is what the very apparatus that is in place be- will develop the right treatment plan the American people want, and I know, cause of the size and massive nature of as we go forward. I know that when patients ask their our Federal Government. It is impos- I want to thank once again the lead- doctors around this Nation, that is not sible for them to be responsive to the ership for allowing me the opportunity what they will want. American people. It is impossible for to come and speak to the House this Why? Why wouldn’t we want Medi- them to be as nimble as they ought to evening and bring some truth and light care for all? Let me give you an exam- be, to be as flexible as they ought to to some issues that are oftentimes very ple or two, Mr. Speaker. be. complex, but oftentimes very simple We had a huge debate a couple of Health care is one example where because we ask simple questions. We years ago in this Nation about whether science is exploding, and all sorts of ask simple questions: Who should de- or not Medicare ought to cover pre- wonderful opportunities are available cide? Should it be the American people scription medication for Medicare re- for the treatment of disease. But or the Federal Government? Mr. cipients. That debate went on for a few should we in this House of Representa- Speaker, I vote for the American peo- years. It was a proposal by this admin- tives be the ones deciding what kind of ple. health care treatment ought to be istration, passed by this Congress in f 2003, and we have seen that program in- given in a very particular instance? I stituted over the past 14 months, 15 would say no. Those decisions ought to PEAK OIL months, and it is a relatively success- be the decisions of people, individuals The SPEAKER pro tempore (Mr. ful program. with their doctor and their family. ARCURI). Under the Speaker’s an- But I don’t want to talk about the So I urge my colleagues as we look at nounced policy of January 18, 2007, the merits of the program, because that is the issues that come before us over the gentleman from Maryland (Mr. BART- a different debate. I want to talk, Mr. next number of months to ask this LETT) is recognized for 60 minutes. Speaker, about a program that takes 40 question: Who decides? Who ought to Mr. BARTLETT of Maryland. Mr. years to decide that it needs to cover decide? I think if they answer honestly, Speaker, I believe this is the 24th time prescription medication for seniors in they will come down on the side that I since the 14th day of last March that I this Nation. That is Medicare. It is a have come down on, and that is on the have come to this floor to talk about a government program that cannot, it is side of the American people. subject which is growing in impor- impossible for it to be responsive to I would encourage my colleagues tance. That subject is energy. people. It is impossible for it to incor- when they go home this weekend when I had the privilege of leading a codel porate the kind of new inventions and they talk to their constituents to ask to China. We left just after Christmas wonderful treatment options that are their constituents, who do you think and we spent New Year’s in Shanghai. available to the American people in a ought to decide how to spend your There were nine of us who went there, private system. It is impossible for money? Should you, should the Amer- and the primary purpose of that con- them to be able to incorporate those ican people decide that, or should the gressional delegation was to talk to treatment changes to benefit patients. Federal Government? Should the the Chinese primarily about energy. Why is it impossible? Because it is a American people be able to decide what I was both surprised, shocked, and massive government bureaucracy, and kind of health care treatment they really pleasantly surprised that they a massive government bureaucracy ought to receive, or should the Federal began their conversation about energy cannot be by its very definition nimble Government? Should the American by talking about post oil. This just and flexible and responsive to the people be able to decide what kind of wasn’t the energy people in China, it American people. And that is the an- education system they want for their was high officials in other parts of the swer to this question, who decides? children, where they want their child government. Everywhere we went and Who decides? educated, what kind of curriculum spoke with them, they talked about This new majority thinks that the they want for their children in their post-oil, a recognition that oil cannot Federal Government ought to be decid- community, or should that decision be be forever, and they talked about a ing personal health care decisions for made by the Federal Government? five-point program. people. I, and most of my colleagues on Huge questions, Mr. Speaker. We are The first point of this program was our side of the aisle, simply believe at a crossroads. We are at a crossroads conservation, a recognition that the that ought not be the case; that pa- in this Nation on so many areas. Our world has no surplus energy to invest tients and doctors, that families and time right now is to govern respon- in developing alternatives. If there was children in consultation with their doc- sibly. It is our time to make certain any surplus energy, we wouldn’t be tor, that those people ought to be the that we listen to our constituents. It is paying $60 a barrel for oil. ones that are making those personal our time to do our due diligence to Conservation not only frees up oil, health care decisions. make certain that we appreciate how but it buys some time because if we in

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.119 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2228 CONGRESSIONAL RECORD — HOUSE March 6, 2007 fact are producing oil at the rate at dioxide. It is a greenhouse gas. Its con- enough to the molten core of the Earth which it is consumed and we cannot centration in the atmosphere has about there was just the right combination of easily increase that production, then doubled in the last couple hundred pressure and temperature. And with we have not only run out of surplus en- years, and most of the world’s sci- time, this organic material was con- ergy, we have also run out of time. So entists who study weather believe that verted into what we know as gas and an aggressive conservation program the Earth’s temperature is increasing oil. will buy some time and free up some and that the greenhouse gases, chief Now the products were some very energy that we can invest in alter- among them carbon dioxide, are re- short-chain products such as gases, natives. sponsible. So sequestering the carbon methane, the shortest of the chains; So the first part of their five-point dioxide and pumping it down into these and then very long chain ones which plan was conservation. The second and wells to force the oil out is a doubly end up as Vasoline or waxes or some- third points was diversify, get energy good thing. It keeps it from going into thing like that. If there was not a rock from as many other nonfossil fuel the atmosphere, and it gets some addi- dome over this, kind of an umbrella of sources as you can, and get as much of tional oil. rock, then the gases would have es- it as you can from your own country. This article continues, within the caped through the years and what From a national security perspective, last decade, technology advances have would be left was some tarry stuff that that makes good sense. made it possible to unlock more oil you couldn’t pump because you would The fourth point in their five-point from old fields, and at the same time have to heat it up. That is known as program, and again, it wasn’t just the higher oil prices have made it economi- heavy oil where it exists today. You energy people in China talking about cal for companies to go after reserves have to heat it up or mix it with this, it was leaders in government in that are harder to reach. With plenty volatiles to get it moving. several other parts of the government, of oil still left in familiar locations, This dome keeps the gas from escap- the fourth part of their five-point plan forecasts that the world’s reserves are ing. This was the explanation why for was be kind to the environment. You drying out have given way to pre- many oil wells when you finally pump think, gee, that is strange they would dictions that more oil will be found down into the oil, it is not a pocket of say that since they are the world’s big- than ever before. oil that you are sucking out like a soda gest polluter. They are the world’s big- Well, I have a chart here which looks through a straw. It is all mixed with gest country. Their economy grew at at the oil discoveries back through the sand and rock, fractured rock and so 11.4 percent for the last quarter. And last number of years, last 70 years, and forth, but it will flow. For wells that they know they are a big polluter. we see here in the bar graph the discov- were gushers, this gas pressure that ac- They are apologetic. They have 1.3 bil- eries of oil and we see there were some cumulated under the rock dome was lion people, and they don’t know how big discoveries in the 1940s and 1950s now pushing down on this oil, and it to use energy wisely, and they are ask- and 1970s and down in the 1980s. And pushed it up the well pipe. So we had ing for cooperation so they might use ever since that time, it has been down, these gushers. their energy as efficiently as we use down, down. That is in spite of ever- b 2000 ours. better technology for discovering oil. Well, this may not have been the way The fifth point was that we need They mention the 3–D seismic com- that oil and gas was produced, but it international cooperation because this puter modeling they are using. We now certainly sounds logical because that is planet is a little spaceship, not all that have a pretty good idea of the Earth’s where we find it, where we have these big. It once seemed absolutely enor- geology, and so we know where we rock domes and so forth. What that mous when we sailed the ocean in sail- might find gas and oil. Some very means is, of course, that with these ing ships, but now with airplanes it unique geological conditions are nec- current techniques that we have of seems much smaller. We are here to- essary in order to have gas and oil. We mapping the world, we can find those gether, so we have a global responsi- don’t really know how the oil and gas areas which have rock domes, which bility. got there, but there are some reason- were likely to and with the location I thought of this attitude on the part able conjectures, and if you understand relative to the edges of the tectonic of the Chinese when I read an article these conjectures and if they are cor- place, we can now identify where it is that appeared in the New York Times rect, it gives you some clue as to how probable that you might find gas and on page 1 on March 5. It says, ‘‘Oil in- much more gas and oil we are likely to oil production. And with ever-increased novations pump new life into old find. capabilities, computer modeling and 3– fields.’’ The most popular theory goes that a D seismic, we have found less and less Bakersfield, California. That is out in long time ago when the Earth was oil through the years. the desert. I used to teach medical more uniformly warm than today, Now, this chart has another curve on school out there and drove through Ba- there did not appear to be the torrid it, and that is the consumption curve. kersfield coming east. This states the equator or the frigid poles, and because Interesting curve. You will notice for a Kern River oil field, discovered in 1899, there were subtropical seas at the long time we were finding enormously revived when Chevron engineers here North Slope and in ANWR and in more oil than we were using, because started injecting high-pressure steam Prudhoe Bay, and those subtropical we were using this much, but we had to pump out more oil. The field, whose seas had a seasonal growth and then found that much. But from about 1980 production had slumped to 10,000 bar- death of algae-like organisms and on, increasingly we have found less and rels a day in the 1960s now has a daily maybe some small, animal organisms less oil and used more and more oil. output of 85,000 barrels. In Indonesia, with them like the algae that grows on I would like you to note the inter- Chevron has applied the same tech- your pond today. I don’t know that esting change in the curve here in the nology to the giant Duri oil field dis- they had winters, but they had sea- 1970s. There was a stunning statistic up covered in 1941, increasing production sonal growth, and each season it would until the seventies, the Carter years, there to more than 200,000 barrels a mature and die and then sink to the with this rate of increase and use. day, up from 65,000 barrels a day in the bottom, and Earth runoff would mix in Every decade the world was using as mid-1980s. And in Texas, ExxonMobil, and overlay it, and then the next year much oil as it had used in all of pre- the world’s largest oil company, ex- another layer of the organic material vious history. Now that is a stunning pects to double the amount of oil it ex- was deposited. This continued until statistic. What that means is that tracts in its Means field which dates there was big buildup, a lot like at the when you have used half the world’s back to the 1930s. Exxon, like Chevron, bottom of a lake. oil, there would then be 10 years left at will use three-dimensional imaging of Then the theory says that the current use rates. Well, we had a big the underground field and the injection tectonic plates of the Earth moved and shock in the 1970s at the Arab oil em- of gas, in this case carbon dioxide, to surface seas with all of the organic ma- bargo, and we learned how to be much flush out the oil. terial mixed with the inorganic, rock more efficient. For, what, 10 years or I might pause to interject here that and sand, were now submerged down so here, there was essentially no in- this is a very appropriate use of carbon under considerable pressure and near crease in oil, and now it is slowly going

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.121 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2229 up again as the world’s economies if we find as much more oil as all the and wider because you are less and less grow. In China, bicycles are banned on reserves that we now know to exist out certain of where it is going. So there some of their streets. I was late getting there, that will move the peak out only should have been another green line to one of the appointments there be- from about now, when most of those down here and another blue line down cause of traffic jams in Beijing. I was, who work in this area believe that here because you have a broad uncer- a couple of years ago, in Moscow, and peaking has occurred or will shortly tainty if you are only 5 percent cer- traffic jams in Moscow. I was there in occur. If we find there is much more as tain. 1973, and the streets were essentially that which remains, and by the way, of But notice what the actual data deserted. The only cars I saw there this 2,248,000 giga barrels, we have used points have been doing. They have been were a few government cars. So all about half of that, and about half of it following, as you might suspect, the 95 over the world there is a surge in inter- remains. Now, with this enhanced oil percent probability, if in fact it is prob- est in automobiles, and they are now recovery that this article is talking ability. Obviously 95 percent probable being bought by the Indians. And not about from the New York Times, we is a lot more probable than 50 percent very long, the Indian middle class will will get a bit more of that. How much probable. be as big as our whole population. In- more remains to be seen. But if we find In a wide-ranging study published in formation technology, which they this extra roughly thousand giga bar- 2000, a U.S. Geological Survey esti- excel, is increasing this middle class. rels, that will only move the peak out mated that ultimately recoverable Now, this chart looks at what the fu- to 2016. Now, one of the authorities in sources of conventional oil total about ture may hold. This article that I just this area believes that we will find an- 3.3 trillion barrels, that was this little read, ‘‘Oil Innovations Pump New Life other thousand giga barrels, and we mean number in the previous chart Into Old Wells’’ says that we are going will be up around 4,000 giga barrels right here, of which a third has already to have more oil than we have ever total. If that is true, since this is an been produced. What has been produced found. Now, we are not really finding exponential curve, and this was only, is a half of what we have discovered. new oil, most of this is oil that is in what, 16 years? The next may be only They are predicting that we will dis- some of these fields, and these bars will 12 years. So that moves the peak out cover for that mean, as they call it, as go up higher here because now, with only to about 2028. And that assumes much more oil as all of the reserves enhanced recovery, we are able to get that we are going to find as much more that we now know to exist. more oil out. And they are making the oil as all the oil that has ever been More recently, Cambridge Energy Re- projection that we are going to find as found. search Associates, an energy consult- much more oil as we have remaining. The next chart shows an interesting ant, estimates the total base of recov- And one projection is, and I will come prediction, and the data that was col- erable oil, and here they have 4.8 tril- to that in a few moments, that we are lected following the prediction. This lion. The little chart I showed you be- going to find as much more oil as we shows the discovery curves. What this fore had that at just under 4 trillion, have ever found. does here is to kind of round out those you will remember. But notice from The next chart shows an interesting big bars that you saw in the previous the peaking chart that even if that is picture. This is the same consumption one. And here they have done a very in- true, that will push peaking out to curve that you saw there with the same teresting thing. They have taken the only a bit before 2030. That is not all perturbations between the seventies F–5, F–50 and F–95, which was frac- that far into the future. and the eighties as a result of the Arab tional, and I don’t have the chart to Then they say there is a minority oil embargo. how they got there, but I can tell you view held largely by a small band of re- Now, this chart, which is from our how they got there. What they did is tired petroleum geologists and some Energy Information Agency, is assum- run a lot of simulations. And they had Members of Congress, that would be ing something that I think is not ra- the number of simulations on the ordi- me, that oil production has peaked, but tional to assume, and that is that we nate, and they had the amount of oil the theory they say has been fading. are going to find as much more oil as that the simulation indicated would be Well, they should have told that to T. all of the reserves which we now know found on the abscissa. So, they put Boone Pickens, because an Associated to exist. these numbers into their computer Press article, March 1 of this year, just A couple of congresses ago, I chaired simulation, and they got numbers out, a few days ago, this is from Doha, the Energy Subcommittee on Science, and they graft all those numbers. And Qatar, he is over there talking about and one of the first things I wanted to then they found the mean of those oil. And by the way, I didn’t know until do was to determine the dimensions of numbers, and they found that 95 per- I read this article that he started his the problem, and so we had oil experts cent, which meant that 95 percent of professional life as a petroleum geolo- from all over the world come in. How the predictions indicate you would find gist. We know him as a very wise inves- much oil did we find? How much of more oil than that and so forth. And so tor on Wall Street. Legendary Texas what we found is still there? And there they assumed that the most likely oil man T. Boone Pickens sees today’s was surprising unanimity from just thing would be the mean. Now, it was a stubbornly high price as evidence that under 2,000 giga barrels to just over mean of their projections. But some- daily global production capacity is at 2,000 giga barrels. That is their figure how that F got translated when it went or very near its peak. here of 2.248,000 billion barrels. from USGS to the Energy Information If demand for crude rises beyond the Now, we use giga barrels. They said Agency, it got translated to P, which is current global output of roughly 85 billion barrels here, that is because it the probability. Now, if this is really million barrels a day, Pickens told the is for an American audience. But if you probability, this is a bizarre use of sta- Associated Press, prices will rise to were in England, a billion is a million tistics. compensate, and alternative sources of million, in this country it is a thou- So they show here three prob- energy will begin to replace petroleum. sand million. So you may confuse the abilities. They show the P–95 prob- If I am right, T. Boone Pickens says, audience when you are talking about ability, the P–50 probability and the P– we are already at the peak. If that is billions. If you use giga, apparently 5 probability. Now, if these really are true, the price will have to go up. gigs is a billion the world around. But probabilities, there should be another And then he makes this statement: what I want to point out in this chart green line coming down this way; be- ‘‘I think there are less reserves around is that even if they are correct, that cause if you are only 50 percent cer- the world than are being reported.’’ the main amount, expected amount of tain, obviously that is a pretty broad Well, the two sources I mention are re- oil that we will find, is 3,000 giga bar- funnel you create out there. If you are porting greatly increased reserves. T. rels, that moves the peak out from the only 5 percent certain, it is really Boone Pickens says that he believes present to only 2016. So even if they are broad. It is like the path of the hurri- that they are over-reporting, said the right, and I think the probability that cane. For the next 24 hours, they know 78-year-old former—by the way, young they are right is small, and I will give pretty well where it will be, so that is people can be very bright, but wisdom you several evidences of that as we go pretty narrow. But as you go out in comes with age, and so T. Boone Pick- along, but even if they are right, even time, 2, 3 and 4 days, why it gets wider ens has 78 years of wisdom—who now

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.122 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2230 CONGRESSIONAL RECORD — HOUSE March 6, 2007 heads the Dallas-based Hedge Fund BP sources. Hydrogen is not an energy Eighty-five percent, some people will Capital. There are no audited reserves source. So why do we list it there? You tell you 86 percent, but 85 percent of all in the Mid East. It makes me sus- can’t mine hydrogen; you can’t pump the energy that we are expending today picious, he says. We really don’t know hydrogen. The only way you can get comes from natural gas, from petro- how much oil is in the Mideast because hydrogen is to make it from something leum, and from coal; and that leaves they do not open their books for us to else. Unless you are going to violate only 15 percent of the gas to come from see. the second law of thermodynamics, it other sources, of energy to come from Forbes publisher, Steve Forbes, chal- will always take more energy to make other sources. lenged Pickens’ assumptions during an hydrogen than you will get out of hy- A bit more than half of that 15 is nu- exchange during the conference saying drogen. clear energy. That is 20 percent of our political, not technological or geologi- It is made today largely from natural electricity, and in France, by the way, cal, road blocks stood in the way of in- gas. It can also be made by about 80 or 85 percent of their elec- creasing the world’s oil production. electromagnetizing water, splitting tricity comes from nuclear; and in our Now, I know Steve Forbes, and I ad- water into hydrogen and oxygen. Well, country, about 20 percent, but it is 8 mire him very much, but I think that if you will always use more energy to percent of our total energy. he gives far too much credit to the make the hydrogen than you get out of So when you look at the true renew- marketplace. Many people believe that the hydrogen, why would we be inter- ables, only 7 percent now, it is a little the market is both omniscient, that is, ested in hydrogen? different that this today, because this all knowledgeable, and omnipotent, all Well, for two reasons. One is that is a 2000 chart, and we have been really powerful. when you finally burn it, you get ramping up with solar cells, for in- If we had unlimited resources, the water. Water is the oxide of hydrogen. stance, producing solar electricity. market might do what Steve Forbes When you burn hydrogen, you get hy- That market has been growing at has confidence that it will do. With the drogen oxide. We commonly call it about 30 percent a year. That is incred- right incentives in places, such as Mex- water. That is pretty nonpolluting. ible growth. ico, more oil could be brought to mar- The second reason we are interested But this started out as 1 percent of 7 percent, that is .07 percent. Suppose it ket and prices could drop, Forbes said. is that it is a great candidate for fuel is four times bigger today, that is .28 Pickens responded by saying that Mex- cells if we ever get economically sup- percent, less than a third of a percent, ico is a declining producer of oil, as are portable fuel cells. We have been work- big deal. We have got a long way to go. most other countries, indeed. Thirty- ing on them for a long time, experts tell us, maybe 20 years. We will have Thirty-eight percent of this renew- five out of the top 43 oil-producing able energy comes from wood, but that economically supportable fuel cells, countries in the world have already is not the person heating their house but that’s the reason we talk about hy- reached peak. with wood so much as it is the timber drogen. b 2015 A lot of people believe hydrogen is an industry and the paper industry wisely Pickens responded by saying that energy source. Hydrogen, think of it as using what would otherwise be a waste Mexico is a declining producer of oil, as a battery, is something that carries en- product to produce energy. Waste to energy, 8 percent of this 7 percent. are most other countries, naming the ergy from one place to another place. There is a really state-of-the-art United States, Norway, Britain and You can’t put the falling water in your soon Russia. By the way, Russia did plant up here in Dickerson. They will car and run it, nor can you put the be happy to have you come visit. It is peak once already, and then they kind electricity, unless you have a lot of really a showcase, and they are burn- of fell apart with the dissolution of the batteries in your car to run the car, ing waste to produce electricity. Soviet Union. They are reaching a sec- but you can take the electricity you Now, one word of caution about ond peak, which I believe will be less get from the hydroelectric plant, split waste: that huge stream of waste rep- than the first peak. water, compress the hydrogen, put the resents a big investment of fossil fuels, ‘‘The world has been looked at,’’ hydrogen in your car. So you are really and don’t count on having that big Pickens told Forbes. ‘‘There is still oil running your car on the energy from stream of waste in an energy-deficient to be found, but not in the quantities the waterfall. world. We will live comfortably, we can we have seen in the past. The big fields But secondhand you produce hydro- live comfortably, but we will be pro- have been found and the smaller fields, gen with it, and if you have a fuel cell ducing far less waste in the future be- well, there is just not enough of them in your car, now you will not only be cause all of that waste represents the to replenish the base. Global con- running your car, polluting, just with use of fossil fuels. sumers, led by the United States, have water, which is pretty nonpolluting, If T. Boone Pickens is correct, and, already pumped 1.1 trillion barrels of but you will also get at least twice the by the way, he is not the only one, oil, roughly half of the 2.2 trillion bar- efficiency out of that as you get out of there are a number of experts out there rels that have been discovered,’’ or the reciprocating engine. who believe that we have peaked or are what Pickens describes as nearly half The next chart is a very interesting about to peak, there will be less and of the world’s estimate. He thinks we one that shows us the sources to which less of this waste. But at least for a will find a little more, 2.5 trillion bar- one might turn to get energy other moment it is a great use of this waste rels of oil. Other experts put reserves than the energy we get from fossil material, much better, I think, than at 3 trillion, Energy Information Agen- fuels. This chart reminds me very putting it in a landfill. Recycle what cy; or 4 trillion barrels of oil, Cam- much of a young couple whose grand- you can; what you can’t recycle, why, bridge Energy Research Associates. mother has died and left them a big in- burn it to produce energy. ‘‘From now on,’’ Pickens said, ‘‘ris- heritance, and they now have estab- Wind. That is growing; it is really ef- ing demand will be met by higher lished a pretty lavish lifestyle. Eighty- ficient. Our big wind machines today prices, rather than ever larger crude oil five percent of all the money they are producing electricity at about 2.5 production. Alternative energy sources spent came from their grandmother’s cents a kilowatt hour. By the way, will begin to take a share of the energy inheritance and only 15 percent of the none of those big ones are made in our market until the world evolves from a money they spend comes from what country. I hope we can change that, hydrocarbon-based economy to some- they earn. but Norway makes them, for instance. thing that is a mix of hydrocarbons They look at their grandmother’s in- These are huge machines with blades and something else. Everything from heritance and how old they are, and, that turn very slowly. You have to be nuclear, coal, wind, solar, hydrogen gee, this money is not going to last a really sick bird or bat that flew into and biofuels stands a chance to assuage until we retire, so obviously we have those. These aren’t the little ones they growing demand for energy.’’ got to do something, and that some- had first where the blades twirled I would just like to make a comment thing is going to be either make more around quickly and did kill some birds about hydrogen. All the others are money or spend less money. That is and bats. You may have seen them. truly energy sources. Nuclear, coal, pretty much exactly where we are rel- They are really quite large, and, I wind, solar, biofuels are energy ative to energy. think, quite handsome.

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.123 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2231 That could and should grow. It is back in the future at the age of oil, and have what is called stranded natural really growing in California. It is a to- what an incredible age it was. gas in Alberta, a lot of gas and not tally renewable resource. By the way, If you do a Google search for Hyman many people. And since gas is hard to the wind is simply secondhand sun. The Rickover and energy, you will pull up transport, it is not worth much because wind blows because the sun heats the the transcript of this fascinating talk there is not many people there to use Earth unequally and so it is differen- that he gave almost 50 years ago. He, it, so we call it stranded. So its value tial temperatures on the surface that in that talk, goes through a very inter- is low. And from a dollar and cents per- cause the winds to blow. esting history of the development of spective, they are making a lot of Then the big chunk of these renew- civilization and the role that energy money in Alberta. It is costing between ables are conventional hydroelectric. played in the development of that civ- $18 and $25 a barrel; that is bringing $60 Now, in our country we have pretty ilization. a barrel. That is a very handsome prof- much tapped out on the conventional All one has to do is kind of reverse it, so they are aggressively exploiting hydroelectric. We probably dammed the tape, as you may see, when some- this field. They are using natural gas every river that should have been body jumps into a swimming pool, and to cook the oil. The natural gas will dammed and maybe a few that you reverse the tape and they jump not last forever. They know that, so shouldn’t have been dammed. They are back out of the swimming pool. So we now they are looking at the possibility now building fish ladders, and we are can see the contributions energy made of building a nuclear power plant there. blowing up some of those dams because to the development of civilization, and I have asked: How long do you have we think that the environmental pres- you reverse that tape, you can get to operate a nuclear power plant before sures are greater than the relatively some idea as to what would happen to you get back to the fossil fuel energy it small amount of electricity we get our civilization if we are not able to de- took to build the nuclear power plant? from some of those. rive energy from other sources equiva- I get wildly divergent estimates of how That probably can’t grow much in lent to that, which we are getting from long that is, which makes the point our country, conventional, but fossil fuels. that we really need for this dialogue, microhydro produces far less environ- The next chart is a very interesting which we really need to have, we really mental impact and some believe might one from CERA, Cambridge Energy Re- need an honest broker to help us agree be as big as conventional hydro. This is search Associates, and this has several on the facts, because it is very difficult a little dam and small amounts of elec- projections of peaking on it. to have an enlightened discussion when tricity, maybe only watts, but 100 Now, the title of this article is ‘‘Un- you can’t agree on the facts. That hon- watts, 24/7, that will produce a fair dulating Plateau Versus Peaking,’’ and est broker might very well be the Na- amount of light for your reading, for what they are contending in the article tional Academy of Sciences. They are instance. is that those who believe in peaking very knowledgeable. They are highly At this 2000 chart, alcohol fuel rep- probably also believe in the tooth respected, and I think that they would resented 1 percent of 7 percent, that is fairy, that they are about as probable. assume this responsibility and I hope .07 percent. Today it represents more But in that article they have this that we can find the resources so that than that. We have a number of eth- graph which shows a peak. I agree with they can do that. anol plants; it is growing very rapidly. them that it will not be a smooth pla- Now, the Canadians know that this is There is a very interesting speech teau, that it will be undulating. not sustainable. The gas will run out. given by Hyman Rickover to an audi- I disagree that it will be that far in And, in addition to that, this vein, if ence of physicians. The 50th anniver- the future and it will be that broad. you think of it as a vein which has now sary of that will be in just a few days, But let’s look at this chart. They agree pretty much surfaced, it will shortly few weeks, the 14th day of May. In that that if we find no additional large duck under a heavy underlay so there article he noted, that speech, really, we quantities of oil, that’s the roughly 2 will be a lot of material to remove used to have a transcript of it, he noted trillion barrels that will have been above it, so much so that they could that one day there would be competi- found, that’s the current discovered oil not economically continue to mine it tion between energy and food for our in the previous charts, the peaking will and carry it to the cooker. So then biological crops. be occurring fairly soon. they will have to develop it in situ, in I thought of that when I spent some If we find another, roughly another place. They really don’t know yet how time on a couple of occasions recently trillion barrels by enhanced recovery they would do that. with our dairymen; and what has hap- and going under 7,000 feet of water and Now, the real profit that you need to pened is that with the relatively small 30,000 feet of rock, as that last oil find look at in any of these things is what amount of ethanol we have made from in the Gulf of Mexico was, that we can is called energy-profit ratio, how much corn, the supply demand has been so get that much more conventional oil. energy you put in and how much en- changed that in September of last year So peaking will be pushed out to about ergy you get out. In the big oil fields, corn was $2.11 a bushel, and in Decem- this point. and we have no giant oil fields in our ber it was $4.08 a bushel, nearly double. country. We have never had one. The b 2030 The price of tortillas in Mexico has Ghawar War Field, perhaps the grand gone up, which is hurting poor people And then they are looking at uncon- daddy of all oil fields in Saudi Arabia, there, and our dairymen are going ventional oil. And just a word about has been producing oil for a very long bankrupt because of the high cost of some of that unconventional oil. There time, and for much of its life, it was feed. Now, this is a boon to the corn are incredibly large potential reserves producing $100 worth of oil for $1 worth producer, but it is anything but that to of unconventional oil. For instance, of investment, energy-profit ratio of the animal feeder, because with the the tar sands of Alberta, Canada, con- 100. relatively small amount of ethanol tain more potential oil than all the oil Our oil was never that good. It start- that we have made, we have doubled that has been discovered so far. The ed out maybe 10 or 20, and now it is the price of corn. same thing is true of our oil shales out down to 1 or 2 energy-profit ratio, how Well, this pretty much is where we in Utah and Colorado. much energy you have to put in com- are going to have to find alternative So why aren’t we resting easy then pared to how much energy you get out. energy sources, and it is quite obvious, that there is no problem for the imme- And so although there are very large if you stop and think about it. You diate future because there is this in- potential reserves in these unconven- may want to put this off into the fu- credible reserve of oil? Now, they be- tional oil fields, the net that you get ture, but at some point we will reach lieve that we are going to tap a pretty out will be very much less. Even if it is peak oil. I think we are there or nearly large amount of that. feasible to get it out, the net will be there for conventional oil. In Alberta, Canada, they are exploit- very much less than the amount of oil Then at some point in the future, oil ing this field. They have a shovel which which is there. and gas will be so hard to find, and so lifts 100 tons at a time. It dumps into a Now, they are working very hard in expensive, that other sources of energy truck which hauls 400 tons, and they Canada. It is a huge enterprise. They will be more attractive. We will look carry this 400 tons to a cooker. They are producing about 1 million barrels a

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.124 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2232 CONGRESSIONAL RECORD — HOUSE March 6, 2007 day. That is a lot. But that is less than The next chart is one that further de- world harvest of wheat. That is what 5 percent of what we use in this coun- velops this picture. And what this exponential increase does. try, and just a bit more than 1 percent shows is the world, not as that would Well, the world has been increasing of the 85 million barrels a day that the be proportioned by oil but as it is, and at about 2 percent a year. That rate of world uses. So even though this is a it shows what the symbols here, who is growth will increase. There is an easy tremendous effort and a lot of oil pro- buying oil where. And these symbols formula that you can use. If you divide duced, it still is making a fairly small for China, you notice one here, they al- the percentage growth into 70, it will contribution to the total amount of oil most bought Unocal in our country, give you doubling time. So 2 percent in the world. and China is now buying up oil around growth doubles in 35 years; 10 percent Now, I would ask the listener, Mr. the world very aggressively, not just growth doubles in 7 years. So you can Speaker, to draw their own conclu- buying oil, but in the process making now get doubling time if you divide the sions: How much additional oil do you friends. ‘‘Would you like a hospital? percent into 70. think we will get from current fields How about a soccer field?’’ And the This coal that would last us 250 with enhanced oil recovery? Even if we Chinese are doing this all over the years, if you have only 2 percent in- get as much more as all of the present world. You can see their symbols where crease in growth, that exponential projected reserves, that will only push they are all over the world, and notice function decreases the duration of its the peak by their own chart, which we many of them in that oil rich crest of use to just 85 years. And since coal will saw a bit ago, out to 2016. And if we Africa and the Middle East. not be useful for many of the uses of find double the amount of oil that we Why are they doing this? The Chinese energy that we have, we are going to have ever found, it pushes it out only economy is growing at over 10 percent. have to convert it into a gas or a liq- to about 2027 or 2028. That is not the The last quarter for which I saw data uid. And the energy to do that if you distant future. was 11.4 percent. They have to have ob- take it from coal will now reduce the The next chart is really an inter- served that oil is fungible; that it real- amount of time that that 250 years of esting one, and I think graphically this ly doesn’t matter who owns the oil, coal will last to 50 years. kind of presents the dilemma that the which is why I didn’t have any big But since energy sources move on a world is in, and this is what the geog- problem with them buying Unocal. It world market, we might be expected to raphy of world would look like if the doesn’t really matter who owns the oil. share that liquid from coal or gas from size of a country was relative to the The country, the company that gets coal with the rest of the world. And amount of oil reserves that it has. It is the oil is the high bidder because oil since we use 1⁄4 of the world’s energy, a really interesting map; isn’t it? Saudi moves in a global marketplace. Today, that 50 years divided by 4 comes down Arabia dwarfs everything else. And no- it was roughly $61 a barrel. So it to 121⁄2 years. So this amazing 250 years tice little Kuwait, a tiny corner of doesn’t make one bit of difference who of coal suddenly shrinks to just 121⁄2 Iraq. You can see now why Saddam owns the oil. The person who has the years at only 2 percent growth if we Hussein was interested in Kuwait, a money, who bids the highest, gets the are sharing it with the rest of the tiny province down there at the south- oil. world. eastern corner of Iraq, just a fraction So, if this is how oil moves on the Well, we may decide that, since the of the geography of Iraq, but nearly as world market, why would China be coal is ours, that we won’t need to big as Iraq. It dwarfs the United buying up all of this oil? We happen to share it with the rest of the world if States. Here we are; we would fit five have one of the largest reserves of coal. there is an acute energy shortage here. times into Kuwait. They have five We have 250 years of coal at current b 2045 times the reserves that we have. use rates. But if you increase the use of Notice the two largest countries in coal only 2 percent; by the way, this That would be a logical decision that the world, China and India; 1,300,000,000 exponential growth is poorly under- a country would make. people in China; 1 billion in India and stood by most people. After the dis- Now, if we, if there is a possibility we growing. They don’t have the birth covery of nuclear energy, Dr. Einstein would not want to share our coal with control, the population control they was asked what the next great energy the rest of the world, is there a possi- have in China, and it won’t be very source in the world would be, and he bility that China might not want to long until India’s population is equal kind of jokingly responded that there share their oil, which they have now to that of China. I mentioned a bit ago was nothing quite like the power of bought in all of these countries around that it won’t be too long before the compound interest. the world; that they would not want to middle class in India is the size of our Let me tell you just a little story to share their oil with the rest of the total population, 300 million people. help understand this. The story is told world? They all want cars. They all want heat- that chess was developed in an ancient Mr. Speaker, with that thought in ed and air conditioned homes. All of small kingdom. And the king was very your mind, you might reflect on the this takes energy. appreciative, and he told the inventor fact that China today is aggressively So the traditional roughly 2 percent of chess that, ‘‘You have made such a building a blue water navy. Some I increase per year in energy demand is contribution to our culture that I will think 60 percent of their oil goes going to pick up with the development give you anything reasonable that you through the Straits of Moloch. We now of countries like China and like India. ask.’’ could cut off that oil. Russia, which is now a huge exporter of And so the inventor said, ‘‘Oh, king. From a national security perspective, oil, notice, they are only four times the I am a very simple man. I have simple I can understand why they would have size of the United States, a fraction of needs. If you would just take my chess a meaningful interest in a blue water the size of Saudi Arabia, probably a bit board with, what, 64 squares on it, and navy large enough to protect their sup- smaller than Kuwait. if you put a grain of wheat on the first ply lines for oil. Notice where most of the world’s oil square and two grains of wheat on the By the way, talking about choke is. There is some in this hemisphere, in second square and four grains of wheat points for oil, I think 40 percent of the Venezuela, but the rest of it is all on the third square and eight on the world’s oil moves through the Straits northern Africa and the Middle East. fourth and so forth until you filled all of Hormuz. And if that were mined, or Someone had noted that it is very of the squares of the chess board, that if super tankers were sunk there to strange that the world of Islam has will be an adequate compensation.’’ block that, 40 percent decrease in the most of the oil and the Christian world The king said to himself, ‘‘Foolish amount of oil would bring all of the has most of the arable land. It seems to fellow. I would have given him any- world’s economies to their knees, es- me there ought to be some opportunity thing reasonable. All he is asked for is sentially overnight. I hope that we are for partnering. We can produce the a little wheat on his chess board.’’ guarding well the Straits of Hormuz food; they can produce the energy. But The king of course could not do that, because that would, indeed, be the ulti- those kind of relationships in this because the amount of wheat that mate in asymmetric attack. confrontational world are hard to would have been on that chess board I I have here a little article called, achieve. understand represents a decade of ‘‘Corn Based Plastic Coming Soon.’’

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.126 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2233 Now, of course, we live in a plastic Whereas Thomas F. Eagleton, a graduate And so, as I look at this overall pic- world. And all of these plastics are of Amherst College and Harvard University ture, I will submit this scenario that made from oil. If you will look at your Law School, launched his political career we need to do, and that is, we must with his election as St. Louis Circuit Attor- grow the size of the energy pie, this car, if you look at your home, you look ney in 1956 and was elected Missouri Attor- at your television set, you look at al- ney General in 1960 and Missouri Lieutenant overall circle pie chart that we use most anything in your environment, Governor in 1964; that is the 100 percent model. And in and I suspect this rug was made out of Whereas Thomas F. Eagleton was elected there are the components we have oil. Our pesticides, our herbicides, our to the United States Senate in 1968, ulti- today called gasoline, diesel fuel, coal, pharmaceuticals, our make up, this is mately serving three terms and leaving an natural gas, nuclear power, hydro- all made out of oil or a great part of it imprint on United States history by co-au- electric, solar, wind; the list goes on of thoring legislation creating the Pell Grant is made out of oil. So there is an inter- those components, some hydrogen. But program to provide youth with higher edu- it is a smaller size of supply than we est in getting the things we make out cation assistance, helping to create the Na- of oil, much of our clothing is made out tional Institute on Aging, and leading the need, and that is why our energy prices of oil, interested in being able to get charge to designate 8 federally-protected wil- are high. And that is linked with the these fibers, this material from some- derness areas in southern Missouri; rest of the world, certainly. thing else, and so this is an article, Whereas Thomas F. Eagleton continued to But here in the United States, we ‘‘Corn Based Plastic Coming Soon.’’ contribute to his community, state, and na- need to be looking at this from the per- tion following his 1986 retirement by prac- Every bushel of corn that we produce spective of reducing and eventually ticing law, teaching college courses, writing eliminating our dependence upon Mid- requires a lot of fossil fuel energy. And political commentaries, and encouraging ci- dle Eastern oil. That is essential that almost half that energy comes from vility in politics; we do that because the funds that are natural gas, which currently is used to Resolved, That the Senate has heard with going into Middle Eastern oil, when we make nitrogen fertilizer. Corn, as a profound sorrow and deep regret the an- are buying oil on the market, those plant, is a pig. It requires and uses in- nouncement of the death of the Honorable Thomas F. Eagleton, former member of the funds, some of them, end up in the credible amounts of nutrients. And we United States Senate. hands of our enemies, in the hands of have now engineered hybrid corn so Resolved, That the Secretary of the Senate the terrorists, in the hands of the Is- that it can be planted close together. It communicate these resolutions to the House lamic jihadists. And that is the strong- grows rapidly. It uses the sunlight effi- of Representatives and transmit an enrolled copy thereof to the family of the deceased. est incentive to becoming more de- ciently, and it uses enormous amounts pendent upon domestic energy and less of energy. And so, this corn based plas- Resolved, That when the Senate stands ad- journed today, it stand adjourned as a fur- dependent on Middle Eastern energy. tic that they are talking about, I don’t ther mark of respect to the memory of the But additionally, our balance of know what the efficiency there is. But Honorable Thomas F. Eagleton. trade goes the wrong way for us. When if it is no better than the efficiency of f we are importing energy from overseas making ethanol, and ethanol, remem- in places like the Middle East, that RENEWABLE FUELS ber, every gallon of ethanol represents transfers the wealth of the United at least three-fourths of a gallon of fos- The SPEAKER pro tempore (Mr. States over to and puts it into the sil fuel to make it. Some, Dr. ARCURI). Under the Speaker’s an- countries of the Middle East. And so Pimenthal, for instance, believes that nounced policy of January 18, 2007, the our approach here needs to be the ex- if you really cost-account all the en- gentleman from Iowa (Mr. KING) is rec- pansion and the continued promotion ergy that goes into producing corn, ognized for 60 minutes. of these energy supplies that we have that you use more fossil fuel energy to Mr. KING of Iowa. Mr. Speaker, I ap- that we can develop here in the United produce the corn than you get out of preciate being recognized and the privi- States. the corn. I hope he is wrong. I believe lege to address you here on the floor of The most obvious of those are the he is wrong. Anyway, after you have the United States Congress this biodiesel components, which have been produced the ethanol from the corn, evening. And I appreciate the previous expanding rapidly here in the United you still have a pretty good feed left, speaker, who has brought up the issue States, and particularly in Iowa and and I don’t think his calculation took of renewable fuels and the overall en- particularly in Iowa’s Fifth Congres- that into effect. ergy situation that America is address- sional District, the western third of the So this corn based plastic really is, in ing here. And this dialogue has got to State. We are now and have been for large measure, just recycling fossil be expanded and continued, and so this some time the number one congres- fuels. It may make you feel good to say input that comes from the gentleman sional district out of all 435 in biodiesel that my shirt is made from corn. But from Maryland is an essential part of production. And that biodiesel produc- when you recognize the incredible our discussion and our debate. I know tion comes from animal fats and soy- amounts of fossil fuel energy, if it is that when Professor Bartlett digs up beans, and the extraction of that proc- the same efficiency as using ethanol, at some scientific information and lays it essed into diesel fuel, that has proven least three-fourths of the fiber of your out here for us, we know that it is well to be a very effective and reliable, and shirt might just as well have been researched and it is well founded and much of it a biodegradable type of a made from oil because that oil or some well grounded, and that it becomes a fuel, much more environmentally fossil fuel source was used in growing significant part of the overall debate. friendly than the diesel fuel that is on the corn from which the plastic was And I would add some more things to the market that comes out of the sands made. this overall debate as we talk about en- of Saudi Arabia, for example. And so Mr. Speaker, we will continue next ergy and then, perhaps, Mr. Speaker, I our leadership there in the biodiesel week. will move into some other issues as production needs to be expanded, and well that are of important concern to f we are on a track to do that. the American people. We are also, in the district that I rep- FURTHER MESSAGE FROM THE On this energy that we are dealing resent, ranking number two of the 435 SENATE with, I have continually heard from the Congressional districts in ethanol pro- A further message from the Senate other side of the aisle, well, we can’t duction. By some time this year, in by Ms. Curtis, one of its clerks, an- drill in ANWR. I haven’t heard why. We 2007, we will be number one in ethanol nounced that the Senate agreed to the can’t drill in the outer continental production. That will rank us first in following resolution: shelf. I haven’t heard why. the Nation in ethanol production of the I have heard that we have to con- 435 congressional districts, and also S. RES. 97 serve energy. I think that is good, but first in the Nation in biodiesel produc- Whereas Thomas F. Eagleton spent his 30- it is hard to do that without having the tion. year career in elected office dedicating him- proper financial incentives in place. self to his country and his home state, rep- We rank currently today about resenting Missouri in the United States Sen- And one thing we haven’t done is re- fourth or at least tied for fourth in ate for 18 years; ward the companies for doing the ex- wind generation of electricity. That Whereas Thomas F. Eagleton served in the ploration, particularly, the exploration will go up to at least second time this United States Navy from 1948 until 1949; for American oil, Mr. Speaker. year, and perhaps it will be first.

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.128 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2234 CONGRESSIONAL RECORD — HOUSE March 6, 2007 But some of the things that we are tions, fishing skills to fish broken bits tracted to where there is profit. It will creating here is an intellectual prop- out of wells, Red Adair’s oil well fire- always shy away from places where erty, Mr. Speaker, a knowledge base fighters, some of those examples, and there isn’t profit. And right now the that, of the billions of dollars of capital then of course the seismic technology capital is being attracted to the renew- that we have poured into renewable en- and all of the things that go along to able fuels. That is a piece of this over- ergy, primarily in the ethanol and the making an oil industry profitable. all energy pie, and the size of the piece biodiesel, but also in the wind genera- Well, as the oil began to play out in that is ethanol today and renewable tion of electricity, that capital invest- Texas, the expertise kept growing, and fuels needs to get bigger. ment produces the energy out of our there is a tremendous amount of Also, we look out on the Outer Conti- crops and out of our wind. But addi- wealth in Texas that comes from the nental Shelf. There are 406 trillion tionally, we are building a knowledge intellectual property that has been cre- cubic feet of natural gas that we know base, an understanding of what en- ated, the common knowledge or the of offshore, a lot of that offshore in zymes work best, what practices work knowledge base that has been built. Florida. We opened up a tiny little sliv- best. We are squeezing more ethanol We are doing the same thing in the er of that, I think it was Lease 181, to out of a bushel of corn than we have Midwest in the renewable fuels cat- allow for a little more drilling way off- ever squeezed out of there before, and egory, Mr. Speaker. And as that knowl- shore in Florida, but we are wasting or we will soon be up to that 3 gallons a edge base grows, there will be people ignoring a tremendous resource where bushel of ethanol production. And as that are brought up, educated in, work we should be down there tapping into the enzymes get better and the process in and nurtured within this epicenter that massive supply of natural gas, gets better, we will also be able to ex- of renewable fuels that we are today in pumping it into our markets here be- tract ethanol out of the cellulosic, the neighborhood that I have the privi- cause of the foundation for a lot of our which is about any kind of plant prod- lege to represent. And as they look production in our plants, particularly uct that is made out of cellulose and around, they will move outside the plastic production, is in natural gas, is other products as well. But that would area, and they will begin to add their in feedstock, as well as natural gas is a be the primary ones. skills to ethanol biodiesel production feedstock for commercial fertilizer, And as we develop our skills, I run plants that move out to the limits of and the control of that fertilizer will into people around the country, espe- the corn belt and the soybean belt. also be part of the control for the over- cially in our hearings for agriculture, And as that happens, there will be, of all food production in the United and they will come up to me and say, course a center of knowledge, a center States. really, the future for our energy is in of technology and people, can-do people So it is essential that we keep at an ethanol. We need to learn how to do with know-how, that emanate from the economic and I will even say a cheap that. We need to go to Brazil and see epicenter of renewable fuels. That is a supply of natural gas on the markets. how they make ethanol in Brazil. And big future, I believe, for us. And that is And it is foolish for us to ignore the my response to that is, why don’t you one component in this overall energy supply that we have and not be out come to Iowa, see how we make eth- pie that we need to grow. here extracting that natural gas out So as we grow our ethanol production anol in Iowa? I have been to Brazil to from underneath the seabed. There has from corn and grow our biodiesel pro- see their operations down there. They never been a spilled natural gas that duction from mostly animal fats or had any environmental damage. It has need to come to Iowa to see how we mostly soybeans, but also animal fats, always been one of the safest things make ethanol in Iowa. that would be a processing product And, in fact, the United States has that we can do and certainly one of the that comes from our plants. As that surpassed Brazil in ethanol production. cleanest things that we can do. Natural grows, we also are looking at devel- They make most of theirs out of sugar gas is a wonderful product, and that oping the cellulosic ethanol, and that cane. We make most of ours out of natural gas needs to be put into our can come from any kind of plant. And corn. But we passed up Brazil a couple markets to keep our fertilizer costs we are 5 to 6 years away from being of years ago in overall gallon produc- down, to keep our production costs able to produce the cellulosic ethanol tion of ethanol. in the kind of volume where we can see down, and to be used more sparingly in And Iowa produces 26 percent of the how we might be able to add a lot more the production of electricity because ethanol that is produced in the entire gallons to the overall supply of gaso- that is a higher cost type of an item, country. And our plants are far more line type products that are consumed and that can be done more with coal or modern than those that you see in on our vehicles on the roads. with clean burning coal. Brazil. Technology a little different be- And we need to also be expanding our cause there they will some days make b 2100 energy use beyond the natural gas. We sugar out of the sugar cane when the And yet where we are, that cellulose should look at our domestic supplies of market is right, and other days they comes in the form of corn stalks and crude oil, and offshore there is also a make ethanol out of the sugar cane. cane products and switch grass and the significant amount of domestic sup- But ours are still far more modern. We list goes on, wood chips. Anything that plies of crude oil. One of the largest conserve energy. We have got effi- has plant and fiber in it is cellulose fields discovered is southwest of New ciencies there. We have software pack- that can be converted into ethanol. So Orleans, offshore in the Gulf of Mexico. ages that manage and control the flow we don’t know to the extent that that And that supply down there, that find of all the operations within the plant. will be built out across the country, that is discovered by Chevron, can be We have one or two people sitting there but I believe this: I think you can draw something that will rival and perhaps monitoring that 24/7. But an impressive circles on the map in the corn belt exceed one of the large finds up on the combination of technology and people where there will be ethanol plants and North Slope. But the North Slope needs and know-how pulled together. they will draw corn from those areas. to be opened up too, and I mean specifi- And I often, Mr. Speaker, use the And then there will be other circles cally ANWR, the Arctic National Wild- model of how Texas was the place where the biodiesel plants draw soy- life Refuge. That is an area up there where they discovered oil. And among beans particularly or else extracted oil that if God was going to put oil some- the places, and Texas produced a lot of from soybeans into that area. And the where that we ought to go get that is the oil back starting in the teens to gaps, I think, get filled with cellulosic. not going to impact on very many spe- some degree, but more like the 1920s And there will also be dual crops that cies or on human population, that, Mr. and the 1930s. And as they, the boom come out at least for some time that Speaker, is the place. State of Texas hit oil, and they began convert the shell corn into ethanol and I have traveled up there, and I have to develop and produce oil and dis- the corn stalks into cellulosic ethanol. looked at the fields in ANWR. I looked tribute and refine it and distribute it That kind of thing will happen too to at the oil that is developed on the around the country, they also devel- the extent that the economics will North Slope of Alaska. And I can see, oped the skills, the skills and the ex- drive this. and I don’t think there is a disagree- pertise of deeper drilling and other Capital makes good decisions on ment, that it has been a very environ- ways to extract oil out of the forma- where it goes. It will always being at- mentally friendly development that

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.129 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2235 took place up there in the 1970s, and we ergy. We have got the wind chargers that they can produce cleaner burning can do better yet just a little ways to pumping out electricity. One thing coal, and coal-fired generators have the east in a similar type of a terrain, about it, the air really never gets been a very effective and efficient way because we have the technology to where it wants to go. It keeps traveling to generate electricity, the base plants allow us to do directional drilling. So around this globe. And we can harness in particular, and there is coal that is we can sit in one spot and we can drill that tremendous amount of energy, hauled all across this country by rail in an area out in multiple directions and we do so, and turn it into gen- from Wyoming all the way to Georgia, and extract that oil in a single location erated electricity, a very clean, a very if I remember right, 16 million tons with a very minimal footprint on the safe supply of energy. I am glad to see going into Georgia out of Wyoming area up there in ANWR. those tall surrealistic windmills churn- coal because that is the most economi- There is no justifiable reason not to ing out all at an identical speed, pump- cal way they can generate electricity tap into that. Whatever the promise ing electricity down through the cables in those areas in Georgia that receive happened to be back in the 1970s that into the ground and on off to our cus- that coal from up in the Powder River some people here on the floor of the tomers. That is a very gratifying thing. Basin in Wyoming. House have said, well, there was a And we would have difficulty, with But the point is to continually grow promise that we would never drill in the political climate that we face the size of this energy pie, put more ANWR or we would never let you drill today, in expanding our hydro- Btus on the market. One of those in the North Slope, well, I don’t know electricity capability. Whether we can pieces of the pie needs to be conserva- who made that promise. I don’t see do that or not, I would like for any op- tion, to save the part that we are wast- that that promise is in law. I know it portunities and be supportive of the ra- ing, and then expand the size of the pie is not in the Constitution. But even if tional ones, but we must keep alive the for the renewable so that there is more it is in law, and I don’t believe it is, hydroelectric generation of electricity ethanol, more biodiesel, more wind- Mr. Speaker, one legislature, one Con- that is taking place across this coun- generated electricity, nuclear-gen- gress can’t bind a succeeding Congress. try. That is some of the cheapest elec- erated power, more base plants for They can’t make a decision in 1970 that tricity that we have and some of the coal-fired generating plants and other keeps us from doing the right thing in safest electricity that we have and means that we can use more coal; and 2007. some of the most environmentally in the process of doing that, we have And our Founding Fathers would friendly electricity that we have. taken the pressure off. There will be have never taken a position like that. We will have flood control projects less pressure on gasoline, on diesel fuel, So whoever thinks that they have been on these rivers, or we will have bot- on the places we are most vulnerable, disenfranchised by a promise shouldn’t toms flooded out continually and, since from the Middle Eastern oil and Middle have been willing to accept that kind we built those, particularly Pick-Sloan Eastern energy. of promise back in the 1970s, if it was on the Missouri River when you take That is the path we need to follow, ever made. But what would we get out advantage of the gravity situation of Mr. Speaker, and I believe that is the of that, foolishly hanging on to some- the water dropping down off of the path that is mostly going to be con- body’s idea that because it is called the dams down through the generation sistent with that that was presented by Arctic National Wildlife Refuge that plants. the gentleman from Maryland who somehow we can’t have a little spot Another place that we need to expand spoke just ahead of me. there that is equivalent of a postage is going to be our nuclear capability. I But I wanted to talk about the en- stamp on a football field to go set a rig don’t believe we built a new nuclear ergy issue in the beginning because I there, drill some holes in the ground, plant, nuclear electrical generating intend to, in what is left of this presen- and pull that back out and only have a plant, in the United States since the tation this evening, Mr. Speaker, talk little rock pad about 50 feet wide by 100 mid-1970s. And yet statistically nuclear about how we fix our problems here in feet long that even Dennis Kucinich power is by far the safest form of elec- the United States, how we address our wouldn’t recognize as an oil field ex- tricity that we have that we can gen- global problems. And I have addressed cept you would have to take him up erate. If you want to count the acci- the energy issue. And when we have there and show him. And that is the dents, the fatalities, all the records cheap energy, we are going to have at case for many people that oppose drill- about the safety of nuclear stand up to least a foundation for a strong econ- ing up there. support that nuclear is safer than any omy. That is why energy is important. The oil is there. It is there for a rea- other. And when you look across the We can’t be hostage to other countries. son. We need to dump it on our market world in places like France, we make a We can’t have someone else draining and do it now. A million barrels a day little fun of the French, but they made the profit and the lifeblood off of the could be coming back down into this a good decision on their electricity. workers of Americans by pocketing market here in the United States, and They have a different kind of demand high profits because they happen to be that is a million barrels a day that we than we have, different levels of re- sitting in a place where there is a lot of wouldn’t be drawing out from Middle sources. But their prudent decision sets energy supply themselves with low Eastern oil, and the profit from that up nuclear plants in France, and 78 per- input costs. That is the case today with million barrels a day would not be cent of their electricity is generated by Middle Eastern oil. That is why I raise going into the hands of jihadists or po- nuclear plants. the energy issue. tential jihadists or neighbors to To the extent that we can generate The second thing that matters is how jihadists. It would be going into Amer- more electricity with nuclear, that we deal with our foreign relations. We ican companies, and it would be saving would take the load off the natural gas are vulnerable to Middle Eastern oil money in the pockets of the American that is being used in particularly these today. Some 60 percent or more of our people, Mr. Speaker. new plants where they are burning nat- oil is imported from overseas. And And those are two logical things that ural gas to generate electricity. That, I whether you take that directly from we need to do: drill the Outer Conti- believe, is an imprudent path to go places like Saudi Arabia or Iran or nental Shelf for oil and gas everywhere down, to build generating plants that Iraq, other countries there in the Mid- that we can find it, go up to ANWR and plan to burn natural gas, especially if dle East, Kuwait, for example, or drill up there because we have already you are doing so in States like Florida whether you buy it from the Cana- found it. We know it is there. that oppose drilling off their own dians, and we don’t have much access And so those two are simple com- shores where there is gas sitting there to markets from the Russians, but monsense inarguable points that can in massive quantities but still are from the western shore of Africa, wher- only be addressed in opposition by building gas-fired generating plants ever that oil comes from, you are tak- emotionalism and hyperbole, not by ra- across the State of Florida. Those ing it from the world market, the over- tional logic or empirical data. things add to the negative and make it all supply of oil in the world market. And as we look across at the rest of harder for us. And if you do that, it is essentially the the energy that we need to produce, we And I know that there are States equivalent of purchasing the Middle are doing a great job with the wind en- that have an ability and a confidence Eastern oil. And when that happens, of

VerDate Aug 31 2005 06:00 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.130 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2236 CONGRESSIONAL RECORD — HOUSE March 6, 2007 course, as I said two or three times, seen Iraq since the victorious libera- this side of the aisle a couple of weeks that money gets into the hands of Is- tion in Afghanistan, they have always ago, 21⁄2 weeks ago when we had our de- lamic jihadists. seen Iraq as the central battlefield in bate about the resolution that did this And so today we are in a global war this global war on terror, Mr. Speaker. contradictory thing, respected the against terror and these terrorists are So, this is the nature of our enemy. troops and opposed their mission, a dis- Islamic jihadists. They live scattered And wherever we fight them, they pop- graceful debate that we had on the across most continents, if not all con- ulate most of the continents all around floor, but many Members on that side tinents. There are enclaves there, cells the globe. We have seen the second gen- of the aisle said it is a civil war, that where they are training and planning eration Pakistanis rise up in Great we should get out, we should not be en- to attack us. They believe they are Britain and turn around and plot to gaged in a civil war. called by Allah to kill us because they and ultimately attack the British peo- First of all, Mr. Speaker, it is not a label us as infidels. It says so in their ple, their hosts in Great Britain. Those civil war in Iraq. There is not a force in Koran. kind of cells exist in the United States, Iraq that is seeking to unseat and de- Thomas Jefferson bought a Koran or they exist in many countries of the pose and replace the duly elected acquired a Koran, and in there he stud- world, and that is some of the nature of democratic government of Iraq. You ied it so he that he could begin to un- the enemy we are up against. have not heard that out of the mouths derstand the Islamic enemy called the So, how do we deal with this kind of of the leaders of the insurgencies that Barbary pirates. And the language is enemy? We have addressed it to the ex- are there. They are not there to de- the same. It says the same thing today, tent that we brought a measure of free- stroy the government in Iraq. So, that and the extremists believe that directs dom to Afghanistan. We are surely not is rule number one. If they are not try- them to kill the people that they de- done there. There is more violence ing to depose the government, probably fine as infidels and infidels being de- there in the last year, not less. That is it is a pretty good sign it is not a civil scribed as nonbelievers in their reli- a bad sign. We are more aggressive war. gion. than we have been in the past, not less. Rule number two is there are hun- That is a good sign. And we have NATO dreds of thousands of Iraqis in uniform b 2115 in there now working directly with us, today that are defending and fighting So, that is the root of this belief. and that is also a very good sign. They for Iraqis. These uniformed Iraqi mili- They believe they are commanded to have started a spring offensive, and tary and security personnel are not fall upon us and attack us with every that is going to keep al Qaeda back on choosing up sides to shoot at each stratagem of war and to continue doing their heels. But we may not for a long, other. If they did that, we would maybe so until such time as the infidels either long time put this enemy a way to have a definition of a civil war. So, convert or pay tribute. where they quit attacking us. since the Iraq military and the Iraq se- That was their demand at the begin- They don’t really have a head leader. curity personnel are not fighting ning of the wars with the Barbary pi- They don’t have a capital city. They against each other, but they are fight- rates that began in 1784. That war, the don’t have a definable military that we ing to provide security in Iraq, that long-lasting war with the Barbary pi- can attack and destroy. But they do at- says there is not a civil war. Because rates, with the same kind of philo- tack us with whatever they have, with no one is trying to depose the legiti- sophical enemy and nearly same loca- the resources that they have, and we mate government of Iraq, that says it tion, that lasted over 30 years, by my know that they are in Iraq in signifi- is not a civil war. calculation 32 years before it was cant numbers and we have been fight- So that puts the argument I think wrapped up. In fact, it may have been ing there, along with somewhere be- away on that. You can argue there is a little longer than that. tween five and eight different factions unrest, and there is, and there are The resistance finally stopped in 1830 that are engaged in the violence there fighting factions that are competing when the French went in and occupied in Iraq. against each other for power in a rel- Algiers. We did our part up to that pe- But the most pervasive concern that ative vacuum in some of the areas, but riod of time. It is my recollection the I have, Mr. Speaker, is that Iran has that doesn’t constitute a civil war. United States was in combat about 32 been fighting a proxy war against the But even if it were, Mr. Speaker, I years, or through a drawn-out war for United States in Iraq. I have known for would point out the United States has 32 years, about 6 years of intense com- approximately 2 years that the Ira- engaged in a number of civil wars to bat through that period of time, begin- nians were funding the insurgency try to put down the kind of unrest and ning in 1784, the year after hostilities there, that they were making muni- been successful to some degree. One of with the British ceased. tions, that they were shipping those those places would be in Kosovo. We So this is not anything new for us. munitions into Iraq, that they were have been in there now for more than We just need to go back and read our training and supporting the insurgency 10 years. We have suppressed a civil history and understand that they be- in Iraq and committing and fighting a war there and saved a lot of lives and lieve they have to kill us, that that is proxy war against the United States had a measure of safety because of their religious belief to do so. And within Iraq, from Iran. that. Thomas Jefferson said so. All we had to Yet the information that we had at So, it is not a civil war, but if it do was read Jefferson. He studied. It re- the time wasn’t quite solid enough to were, that is not a reason not to be flects today about the enemy we are up go public, not quite solid enough to ac- there, Mr. Speaker. There is a very against. cuse the Iranians of what I have known good reason to be there, and I will Now, this even my needs to have for 2 years they were doing. But today point out that very good reason, and some bases to operate from. They had a we know. We know they have infil- that is the Iranian hegemony is perva- base to operate from in Afghanistan. trated people, military personnel and sive in Iraq. They are bonded with and The Taliban and the al Qaeda working trainers into Iraq. We know that they are a powerful, strong influence with with the Taliban, they need anarchy. are making sophisticated devices to the two largest Shia organizations in They need a failed state, a state that knock out our armored personnel car- Baghdad and the areas outside and doesn’t have the rule of law, that riers and our tanks and armored south of Baghdad, all the way to the doesn’t have security, that has a col- Humvees. And we have had at least 170 southern border. lapsed economy, a place where they Americans who have been killed be- The Shia region of Iraq would be can operate freely. They had done so cause of these devices, these sophisti- taken over by the influence of the Ira- with the Taliban, working with al cated improvised explosive devices. nians. If we pulled out of there, the Ira- Qaeda in Afghanistan. That is an act of war against the nians would fill that vacuum. Yes, When September 11 came, we went to United States troops that is taking there would be some fighting amongst Afghanistan and put an end to their place in Iraq at the hands of the Ira- the other factions, but I believe the terrorist camp. When it came time to nians. Iranians fill that vacuum. liberate Iraq, it was a similar motive. Now, the downside, the worst case If the Iranians fill the vacuum And we know that al Qaeda has always scenario of this is, as I listened over on through their relationships with the

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.131 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2237 Shia leaders that they have already exportable world’s oil supply, control every kind of sanction, every kind of been nurturing and funding and sup- of Straits of Hormuz, to be able to fill blockade, every kind of diplomacy that porting, one of them would be Moqtada their coffers up with cash until they we can, to convince Iran they should al-Sadr, who has absconded to Iran overflow, buy their nuclear capability stop, back off, dismantle their nuclear with his leaders, with the commanding and buy their missiles as a means to effort. But that would be the only op- officers of his militia, if that happened, deliver it, and then look around the tion for them. The other option would those people get propped up. Sadr gets world and say, well, I am called upon be to eliminate their endeavor to be- propped up, Hakeem gets propped up, by Allah to annihilate you infidels, and come a military nuclear power. and the Iranian influence gets ahold of I want to start with the Israelis over b 2130 the 70 to 80 percent of the oil in Iraq here, so what I am going to do is That is where the negotiations need that is in the area of the Shias today. maybe not fire off the missile right to start in Iraq. Iran has to back off. Maybe eventually all of it, but almost away, because it might start off a kind They need to understand that their in- immediately they get their hands on 70 of a nuclear firestorm. I will just turn volvement in the proxy war against the to 80 percent of the Iraqi oil. down the valve on the oil and starve United States and Iraq accelerates the Mr. Speaker, if that happens, then the Americans out. day when they will, with a thunderous you have the Iranians sitting there Think what happens Mr. Speaker, if response, lose their nuclear capability where their cash boxes will be flushed, as vulnerable as we are to imported should they persist down this path they their war chest be full. They will be Middle Eastern oil, if we let are heading down. Ahmadinejad crank down that valve at overflowing with cash. They will be That is where the crisis is today. But able to will buy any kind of nuclear the Straits of Hormuz and shut down or the people in Iran have something to power that they want to buy, any kind shut off 42.6 percent of the world’s mar- say about what kind of a country they of nuclear material they want to buy. ketable oil supply. It wouldn’t take are. And they have something to say They will be able to accelerate and buy anywhere near that amount to bring about what kind of country they will more centrifuges and process fuel and this economy in the United States to become. develop nuclear weapons at a faster its knees, because we are too depend- I am hopeful that the people in Iran pace, and they aren’t far from having ent. will look at their leader, who appears that accomplished now. If they did that, and our economy to be an unstable and very much a vin- They will be able to develop a means would shrink down into at least a re- dictive, violent man, and come to the to delivery that nuclear capability in cession, most likely a severe depres- streets of Iran and find a way to re- the form of missiles, and if they aren’t sion, and us going into a recession or place him with someone who can bring able to develop that technology there depression immediately impacts China, Iran back into the 21st century so they in Iran, they can pay for it and accel- China is dependent upon our economy can become a moderate, Islamic state erate their research to get that done. If because we are buying a lot of their that can deal with science and tech- they aren’t, they can turn around and goods, and China is also dependent nology and education and use their oil buy that on the open market some- upon foreign oil to provide energy for wealth to help support the people in where, the means to deliver, from their growing demand that they have. the country rather than the kind of vi- places like North Korea, which has They have a voracious appetite for oil olence being planned by Ahmadinejad. demonstrated a propensity for mar- and they are reaching out across the That will help a lot, if Iran should be- keting off their nuclear capability. world to purchase more and more oil come a free country. For example, Af- But I think we are not many years reserves and find ways to keep that oil ghanistan today is a free country. Iraq away from Iran having a nuclear capa- flowing into their country. today is a free country. Iran sits in the bility. And a cash flush Iran with a nu- But if Ahmadinejad gets his hands on middle. They are a geographical link clear capability and a means to deliver that oil, that 70 to 80 percent of the between the two. If Iran can be flipped it doesn’t mean it just threatens Tel Iraqi oil, and flush with cash cranks over and become a regime-change free Aviv, Mr. Speaker. It isn’t just that that valve down on the world’s export- country, we will have the core of the Ahmadinejad has declared that he able oil supplies, the United States Middle East, the center for the kind of wants to annihilate Israel. That is a economy could be pushed into a col- Islamic jihadists that are coming after big deal. They are the only democracy lapse, Mr. Speaker. The Chinese econ- us from around the world, after West- in the Middle East, aside from Iraq omy could be pushed into a collapse, ern civilization itself. The center today. But Ahmadinejad has vowed to Mr. Speaker. And the winner would be would become a free territory where destroy Israel and the United States. Iran, who into have free sailing all over there are far less odds that they would But those missiles and that nuclear the Middle East, and the winner would be raising the jihadists that they are in capability that they would acquire if also be Russia, who has a tremendous the environment that they have today. we withdraw from that area would give supply of oil. They would become more There would still need to be some them also the ability to reach Western and more cash flush, more and more things done in the mountains of Paki- Europe, the ability one day not very rich, more and more able to buy the stan and within Saudi Arabia. There far down the line to reach the United things that strengthen them mili- needs to be things done in Great Brit- States, and it becomes a far more dif- tarily. ain, for that matter; but that would ficult equation for us to deal with. This equation that I have described, take us a long way towards a final vic- This time, this place, right now, is Mr. Speaker, describes why Putin in tory in the global war on terror. And the opportune time to resolve the issue Russia has been taking a more and being able to eliminate real estate and of the conflict in the Middle East. We more belligerent posture as the weeks places where they could train and fos- have invested blood and treasure, pre- and months unfold. He sees this chess ter terrorism would be an essential key cious blood and valuable treasure, and game folding out on the world’s chess in a final victory against these Islamic we owe it to the memories of those who board. I don’t know why we can’t see it jihadists. have committed their lives and given here in the United States Congress, Mr. Mr. Speaker, I have spoken to the their lives to this cause to get the issue Speaker. But that is the reality we are issue of energy and why we have to do resolved in Iraq. faced with in that scenario. something about energy, and that is We are far from not being able to win So, we must put our cross hairs on take the money out of the hands of our there, and anyone who thinks that this the Iranian nuclear capability today. enemies and put it into the hands and is a difficult military situation hasn’t We must say to them, you will never be the control of the American people. read back through American history to a nuclear powered country, you will But at the same time, we must succeed see some of the circumstances that we never have a military means to have in the Middle East. We have come this have come out of in the past, Mr. nuclear power and a means to deliver far. We are very, very close to being Speaker. it, and we have made a decision that able to see an Iraq that can be an ally, But thinking of the concept of a that won’t happen here in the United a trading ally, a military ally, a part- cash-flush Iran with their hands on the States and we are going to go through ner that will see us as a friend to them valve that controls 42.6 percent of the every diplomatic channel possible, try in the Middle East.

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.133 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2238 CONGRESSIONAL RECORD — HOUSE March 6, 2007 It has been a precarious path that we wealth comes back to the United by getting their little exemption and have followed. I believe it has been the States and we would hold their collat- their little tax deduction. As this adds right path when you look back and ask eral. That would be one thing. up, it gets more complicated and con- the question: What did you know and I would want to have a balanced voluted, and it suppresses the growth when did you know it? budget here in the United States. I in our economy, Mr. Speaker. You can argue each side of every- would want to spend no more than I So what we need to do is look at this thing, but where we are today is where take in. I am different than the Tax Code that we have and say we we are. We must move forward and suc- PAYGO argument that comes here be- can’t fix this Tax Code. It is beyond ceed. The military situation there is cause I think we have to keep taxes anybody’s comprehension how to do it, not a crisis. It is not precarious, but we low so we have a vibrant economy that and it is beyond our ability to get it do have a situation where there is far has an incentive. solved politically. The only thing you too much violence there; and a strat- We did that. In 2001 and 2003, we did can do is take the Tax Code and throw egy which has been driven by our two rounds of tax cuts. That saved our it over the side. I would be happy to President, what is commonly called economy from an inevitable recession pitch it into the bay in Boston Harbor ‘‘the surge,’’ has reduced the casualties and perhaps a depression that came and eliminate the Tax Code and never in Baghdad and divided Baghdad into from the bursting of the dot-com bub- let it grow back again. Also, eliminate nine different sections to where it is ble about the time President Bush took the IRS because there is where it would far easier to control the smuggling of office, and it also came from the Sep- grow, another type of a tax policy that arms and devices between regions in tember 11 attacks, which we know we have today, and go to a national the city. about, the money we had to spend to sales tax, a national consumption tax, If we can resolve that in Iraq, and I set up homeland security and the bil- a fair tax, Mr. Speaker. believe we will get there if we don’t lions of dollars to protect ourselves, If we do that, we have changed the lose our resolve here, then we have and also the billions of dollars we had entire dynamic of our taxation in taken a giant step forward. As we be- to spend militarily to take our fight to America. It works like this: Ronald come less dependent on Middle East the enemy. Reagan once said what you tax you get oil, the United States gets back on sta- But this economy needs to be a less of. If we stick with the tax side, ble footing again. strong economy. It needs to be healthy what you tax you get less of. What we Now, we have a situation also, and vibrant. I am for balanced trade, do here, in our lack of infinite wisdom, though, where it is not just that we are perhaps with an export surplus; and I is Uncle Sam has a first lien on all pro- purchasing foreign oil, and that is am for a balanced budget, and I am for ductivity in America. working against us in our balance of paying off the national debt. I think we If you punch the time clock at 8 in trade. In addition to that, we are im- need to do all of that in the form of re- the morning, Uncle Sam wants his porting more and more goods from for- ducing the demand on discretionary money first. You will work there until eign countries and our trade deficit has spending in the United States, by set- April 14 or April 15 before he gets his gone up from 2 years ago, $617.7 billion ting up the long-term reform of Social due, and then you can start giving your in our trade deficit. Last year it was Security and Medicare so that growing money to the State and on down the $725 billion. This year, the number usu- entitlement funds can be shrunk down, line. After a while, you get to keep some of the fruits of your own labor. ally comes out in February, but the because as it grows, there is going to But the Federal Government has the trend has been for our trade deficit to be nothing left in the budget except first lien on your labor starting the increase about 20 percent a year. I Medicare and Medicaid and the interest second you go to work anytime. If you think we can look to expect that is on our national debt. pick up the phone and make those going to happen, and we will see a It is always easier to fix the problem extra sales calls for that commission, earlier than later before it becomes a trade deficit in the $800 billion or more he has the first lien on that commis- crisis. We didn’t have the political will category, Mr. Speaker. sion. Now, there are those who are not to do that a couple of years ago when If you invest your money and you concerned about the trade deficit. They President Bush went across the coun- collect the interest, maybe passbook say as long as we can buy cheap prod- try and gave speech after speech pro- savings, Uncle Sam has the first lien ucts built by cheap labor, we should moting the reform of Social Security. on the productivity of your invest- not be concerned. And they will say be- That needs to be done some time. It ment. cause we are deficit spending, we will happen when the young people If it is a pension income, if it is So- shouldn’t be concerned about bor- start to come forward and start to have cial Security income, if it is capital rowing money from the Chinese bank, their voice heard, along with the senior gains, if it is any kind of productivity for example. citizens in America. at all, your labor, your investment, Well, I would ask those people who But this budget needs to be balanced. Uncle Sam has the first lien on all of are so confident as money shifts in this We need to end up with a surplus and that productivity. direction, what would be your ideal collect more than we spend and use So people make decisions like, I kind of economy? Why wouldn’t you that to pay down our national debt. don’t think I want to work that extra start with an ideal, lay out the metric Some of that happened. It happened up overtime this week. It is not really for the ideal economy, and then try to until the September 11 attacks. That worth it because too big of a piece achieve the ideal? took us out of the balanced budget that comes out of my check and goes to the I would submit it this way. I would was there. Federal Government. I think I’ll take like to have a balance of trade. I would Mr. Speaker, it is time to get back to the day off. I am going to enjoy life a like to not be buying more than we are it. One of the ways we can do that is little bit. After all, I don’t get to keep selling. Any business can think of it in not with a gimmick; it is with a total enough of the money I earn. those terms. If you are in business and tax reform. The most aggressive orga- Or, I am not going to expand that you are producing $100,000 worth of nization we have for an agency in extra line in my factory because, after product a year and are selling that out America, the one that goes out and all, I am in a tax bracket that says I on the open market, and you turn really does their job is the Internal can maintain a level of comfort here, around and you are buying back Revenue Service. They collect that so I am not going to take that risk be- $110,000 worth of product, it is easy to money that they have due. They are ef- cause the reward is not great enough. see you are going in the red. That is fective and efficient at it. That is part of the vision that is going how the trade deficit works. There are We have a Tax Code that is more on also. currencies that change that equation pages than I can remember, and more I am not going to make the extra some, and there is credit that changes complicated than anybody can com- phone calls for the extra sales because that, and the credit on our capital; but prehend. And that Tax Code is the best I don’t want to pay the tax. I want to I would want to ideally start with a Tax Code that money can buy. K Street be able to keep the money I earn. balance in trade, and then work to here in Washington, D.C. and the lobby That is the mind-set of anyone. The have an export surplus because the that is here has created this Tax Code psychology has always been the reason

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.134 H06MRPT1 ccoleman on PROD1PC60 with HOUSE March 6, 2007 CONGRESSIONAL RECORD — HOUSE H2239 a controlled economy, a managed soci- like for today, March whatever day, all I think that might be an appropriate ety, like, for example, flat out pure my letters, whatever day, ‘‘in the year time, unless the gentleman from Texas communism or European-style social- of our Lord,’’ now this year 2007. I was has another remark to make in watch- ism, the reason the Soviet Union col- originally told by the franking people, ing the clock, Mr. Speaker, I would lapsed was because they did not let we do not believe you can send that out like to close with that thought, that people have an incentive to be produc- with ‘‘in the year of our Lord’’ on our military is not going to lose their tive and let them earn and keep the there; that may be inappropriate. My resolve. They understand this enemy money they made. They took that comment was, if you are saying it is that we are against. This Congress away from them, and human beings unconstitutional to date a letter the needs to understand this enemy we are being not as rational as capital is, but same way the Constitution is dated, against. A majority of the American human beings being rational, they then we have got a real problem here. people understand the enemy we are make those decisions that I talked He did not realize the Constitution is against, and we have a historical time about, those decisions like, I am not dated in that manner, ‘‘in the year of here. going to put out this effort. our Lord, 1787.’’ We can close the door on the legacy You have heard this: from each ac- But anyway, there are groups there of Vietnam, Lebanon, Mogadishu, and cording to their ability, to each accord- are schools where they still learn that we can build upon the success in Af- ing to their need. That was the belief of kind of history, the very thing my ghanistan, and we can close the situa- Karl Marx and that was the belief of friend Mr. KING has been talking about. tion in Iraq and build upon that suc- Lenin and that was the belief of Mao I just wanted to pay tribute to the cess. If we do that, we have a bright Tse-Tung. speaker of this group. I know the rules and free future. If we fail to do that, But the equation that they miss is if are that we are not to recognize people every enemy that wants to come after you are going to take from a producer in the gallery. So I will not violate the us will come after us. according to their ability, and maybe rules, but it is a wonderful group that I appreciate again Mr. GOHMERT com- they have the ability to produce five or understands the values, the very values ing down here, the way you engage six times as much as somebody who the gentleman from Iowa has been dis- with your constituents and the way has the need, why in world would they cussing, and it just makes me proud to that you bring these values, these put out five or six times the produc- be an American to hear you talk about American values out of the heartland the values I grew up on, the values that tivity of the person who is going to be to flow all the way through the middle I know are being instilled in the young receiving the fruits of their labor? part of the United States here. I am people still today. The answer to that is of course they proud to serve with the gentleman I thank the gentleman from Iowa won’t, and of course they don’t, and from Texas, Mr. Speaker, and I am glad (Mr. KING), my good friend, and I would to have had the privilege to address that is why the economies in managed encourage you to keep up the good job. societies like the Soviet Union will col- Mr. KING of Iowa. Mr. Speaker, I you in this chamber. lapse because they don’t tap into the thank the gentleman from Texas for f best instincts of human nature, which picking up on that. There is a reason LEAVE OF ABSENCE is we want to work hard, we want to why there is a strong affinity between By unanimous consent, leave of ab- produce, we want the fruits of our this Western Iowan and this Texan and labor. And by the way, if we are al- sence was granted to: lot of the Texas delegations. Mr. ABERCROMBIE (at the request of lowed to keep the fruits of our labor, I know that today is the anniversary Mr. HOYER) for today and until 4:00 we will also contribute and donate and of the final battle of the Alamo, and I tithe better than any other people on p.m. March 7. am very much aware of what that Ms. DELAURO (at the request of Mr. Earth. means in Texas and across this coun- We do all of that, we need to go to a HOYER) for today after 4:00 p.m. and try. In fact, if you walk into my office, until 4:30 p.m. March 7 on account of a national sales tax, a consumption tax, this Iowan’s office, framed there is a so you decide when you pay your taxes. death in the family. letter from Colonel Travis. That level Mr. LARSON of Connecticut (at the re- I think there is a Texan here with of freedom, the Texans reached out for quest of Mr. HOYER) for today and the something boiling up inside him, and I freedom and they had to fight for it a balance of the week on account of a would be very happy to yield to the number of times, number of different family medical matter. gentleman from Texas (Mr. GOHMERT). ways. I like that flag that hangs in Mr. Ms. WASSERMAN SCHULTZ (at the re- Mr. GOHMERT. I thank my friend, HENSARLING’s office that shows a pic- quest of Mr. HOYER) for today on ac- the gentleman from Iowa, the Honor- ture of the cannon and says, ‘‘Come count of official business in the dis- able Mr. KING. I have been hearing and take it.’’ That is the right kind of trict. most of the hour you have been talking attitude. about the concepts that I know you We have this freedom here in Amer- f and I hold so dear. ica, and there are people here that do SPECIAL ORDERS GRANTED There was a group from my home- not want our freedom, they detest our By unanimous consent, permission to town, Mr. Speaker, Tyler, Texas, that freedom. They just want to take our address the House, following the legis- had come to Washington. They are an lives, and to understand an enemy like lative program and any special orders inspirational group. They are from that goes beyond the scope of our reli- heretofore entered, was granted to: Grace Community School. I took them gious foundation and our beliefs. So I (The following Members (at the re- around the Capitol tonight. They know think it is important for us to under- quest of Ms. LORETTA SANCHEZ of Cali- their history. It is great when you see stand this enemy. fornia) to revise and extend their re- education work. I would reflect upon a major from marks and include extraneous mate- Kentucky whom I spent some time b 2145 rial:) with in the Middle East in the early Mr. PALLONE, for 5 minutes, today. You see the very things you have part of December who said: Thank you Mr. DEFAZIO, for 5 minutes, today. been talking about, the free market, at for all your prayers. Thank you for the Mrs. MCCARTHY of New York, for 5 work, and that free enterprise works support for our military. We have ev- minutes, today. and that really get backs to our very erything we need. We have the train- Ms. WOOLSEY, for 5 minutes, today. founding, the Judeo-owe Christian val- ing, the technology. We have the weap- Ms. NORTON, for 5 minutes, today. ues that were so often espoused as the ons. For men that have to do this job, (The following Members (at the re- Declaration of Independence was writ- we have everything we need, but when quest of Mr. JONES of North Carolina) ten. you pray for us, pray for the American to revise and extend their remarks and I have had people say the Constitu- people. Pray that the American people include extraneous material:) tion itself, there is nothing at all like will understand the threat that we are Mr. JONES of North Carolina, for 5 it. By the way, you cannot send out a up against, and pray that they will not minutes, March 8, 9, 12, and 13. letter with the letters addressed or lose their resolve. We will not lose Mr. GOHMERT, for 5 minutes, today dated as you date them because it says ours. and March 7.

VerDate Aug 31 2005 04:58 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K06MR7.135 H06MRPT1 ccoleman on PROD1PC60 with HOUSE H2240 CONGRESSIONAL RECORD — HOUSE March 6, 2007 Mr. PENCE, for 5 minutes, today. partment’s final rule — DoD Policy on Orga- detailing possible unauthorized retransfers Mr. BURGESS, for 5 minutes, today nizations That Seek to Represent or Orga- and misuses of defense articles; to the Com- and March 7. nize Members of the Armed Forces in Nego- mittee on Foreign Affairs. tiation or Collective Bargaining [DOD-2006- 715. A letter from the Assistant Secretary Ms. GINNY BROWN-WAITE of Florida, OS-0057] (RIN: 0790-AH99) received February for Legislative Affairs, Department of State, for 5 minutes, today. 9, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to transmitting the quarterly report of obliga- Mr. DUNCAN, for 5 minutes, today. the Committee on Armed Services. tions and outlays of FY 2004, FY 2005 and FY (The following Member (at his own 705. A letter from the Liaison Officer, DoD, 2006 funds under the Emergency Plan for request) to revise and extend his re- Department of Defense, transmitting the De- AIDS Relief through September 30, 2006, 2006 marks and include extraneous mate- partment’s final rule — Service by Members pursuant to Division D, Pub. L. 108-199; to rial:) of the Armed Forces on State and Local Ju- the Committee on Foreign Affairs. ries [DOD-2006-OS-0204] (RIN: 0790-AI07) re- 716. A letter from the Assistant Secretary Mr. KUCINICH, for 5 minutes, today. ceived February 9, 2007, pursuant to 5 U.S.C. for Legislative Affairs, Department of State, f 801(a)(1)(A); to the Committee on Armed transmitting consistent with the Authoriza- Services. tion for Use of Military Force Against Iraq SENATE BILLS REFERRED 706. A letter from the Director, Office of Resolution of 2002 (Pub. L. 107-243), the Au- Bills of the Senate of the following Legislative Affairs, Federal Deposit Insur- thorization for the Use of Force Against Iraq titles were taken from the Speaker’s ance Corporation, transmitting the Corpora- Resolution (Pub. L. 102-1), and in order to table and, under the rule, referred as tion’s final rule — Assessments (RIN: 3064- keep the Congress fully informed, a report follows: AD09) received December 29, 2006, pursuant prepared by the Department of State for the to 5 U.S.C. 801(a)(1)(A); to the Committee on December 21, 2006 — February 21, 2007 report- S. 743. An act to amend title 36, United Financial Services. ing period including matters relating to States Code, to modify the individuals eligi- 707. A letter from the Principal Deputy As- post-liberation Iraq under Section 7 of the ble for associate membership in the Military sociate Administrator, Environmental Pro- Iraq Liberation Act of 1998 (Pub. L. 105-338); Order of the Purple Heart of the United tection Agency, transmitting the Agency’s to the Committee on Foreign Affairs. States of America, Incorporated; to the Com- final rule — State Operating Permit Pro- 717. A letter from the Secretary, Depart- mittee on the Judiciary. grams; West Virginia; Amendment to the ment of Education, transmitting the fifty- S. Con. Res. 16. Concurrent resolution call- Definitions of a ‘‘Major Source’’ and ’’Vola- fifth Semiannual Report to Congress on ing on the Government of Uganda and the tile Organic Compound’’ [EPA-R03-OAR-2006- management decisions and final actions Lord’s Resistance Army (LRA) to recommit 0625; FRL-8280-8] received February 10, 2007, taken on audit recommendations, covering to a political solution to the conflict in pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the period April 1, 2006 through September northern Uganda and to recommence vital mittee on Energy and Commerce. 30, 2006 in compliance with the Inspector peace talks, and urging immediate and sub- 708. A letter from the General Counsel, General Act Amendments of 1988, pursuant stantial support for the ongoing peace proc- Federal Energy Regulatory Commission, to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); ess from the United States and the inter- transmitting the Commission’s final rule — to the Committee on Oversight and Govern- national community; to the Committee on Financial Accounting, Reporting and ment Reform. Foreign Affairs. Records Retention Requirements Under the 718. A letter from the White House Liaison, f Public Utility Holding Company Act of 2005 Department of Education, transmitting a re- (FERC Docket No. RM06-11-000) received Feb- port pursuant to the Federal Vacancies Re- ADJOURNMENT ruary 27, 2007, pursuant to 5 U.S.C. form Act of 1998; to the Committee on Over- 801(a)(1)(A); to the Committee on Energy and sight and Government Reform. Mr. GOHMERT. Mr. Speaker, I move Commerce. 719. A letter from the White House Liaison, that the House do now adjourn. 709. A letter from the Director, Office of Department of Education, transmitting a re- The motion was agreed to; accord- Congressional Affairs, U.S. Nuclear Regu- port pursuant to the Federal Vacancies Re- ingly (at 9 o’clock and 50 minutes latory Commission, transmitting the Com- form Act of 1998; to the Committee on Over- p.m.), the House adjourned until to- mission’s final rule — List of Approved sight and Government Reform. morrow, Wednesday, March 7, 2007, at Spent Fuel Storage Casks: NUHOMS HD Ad- 720. A letter from the White House Liaison, 10 a.m. dition (RIN: 31 50-AH93) received December Department of Education, transmitting a re- 27, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to port pursuant to the Federal Vacancies Re- f the Committee on Energy and Commerce. form Act of 1998; to the Committee on Over- 710. A letter from the Acting Director, De- sight and Government Reform. EXECUTIVE COMMUNICATIONS, fense Security Cooperation Agency, trans- 721. A letter from the White House Liaison, ETC. mitting Pursuant to the reporting require- Department of Education, transmitting a re- Under clause 8 of rule XII, executive ments of Section 36 (b)(1) of the Arms Export port pursuant to the Federal Vacancies Re- communications were taken from the Control Act, as amended, Transmittal No. 07- form Act of 1998; to the Committee on Over- Speaker’s table and referred as follows: 10, concerning the Department of the Air sight and Government Reform. Force’s proposed Letter(s) of Offer and Ac- 722. A letter from the Assistant Adminis- 701. A letter from the Executive Director, ceptance to Taiwan for defense articles and trator, OARM, Environmental Protection Commodity Futures Trading Commission, services, pursuant to 22 U.S.C. 2776(a); to the Agency, transmitting a report pursuant to transmitting the Commission’s final rule — Committee on Foreign Affairs. the Federal Vacancies Reform Act of 1998; to Electronic Filing of Notices of Exemption 711. A letter from the Assistant Secretary the Committee on Oversight and Govern- and Exclusion Under Part 4 of the Commis- for Legislative Affairs, Department of State, ment Reform. sion’s Regulations (RIN: 3038-AC33) received transmitting an annual report required by 723. A letter from the Director, Peace February 7, 2007, pursuant to 5 U.S.C. section 655 of the Foreign Assistance Act of Corps, transmitting in accordance with Sec- 801(a)(1)(A); to the Committee on Agri- 1961, pursuant to Public Law 104-164, section tion 647(b) of Division F of the Consolidated culture. 655(a) (110 Stat. 1435); to the Committee on Appropriations Act, FY 2004, Pub. L. 108-199, 702. A letter from the Director, Defense Foreign Affairs. the Corps’ report on competitive sourcing ef- Procurement and Acquisition Policy, De- 712. A letter from the Assistant Legal Ad- forts for FY 2006; to the Committee on Over- partment of Defense, transmitting the De- viser for Treaty Affairs, Department of sight and Government Reform. partment’s final rule — Defense Federal Ac- State, transmitting Copies of international 724. A letter from the Board Members, quisition Regulation Supplement; Material agreements, other than treaties, entered into Railroad Retirement Board, transmitting a Inspection and Receiving Report (DFARS by the United States, pursuant to 1 U.S.C. copy of the annual report for Calendar Year Case 2003-D085) (RIN: 0750-AE73) received 112b; to the Committee on Foreign Affairs. 2006, in compliance with the Government in February 9, 2007, pursuant to 5 U.S.C. 713. A letter from the Acting Under Sec- the Sunshine Act, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Armed retary for Industry and Security, Depart- 552b(j); to the Committee on Oversight and Services. ment of Commerce, transmitting a report Government Reform. 703. A letter from the Director, Defense that the Department intends to impose new 725. A letter from the Inspector General, Procurement and Acquisition Policy, De- foreign policy-based export controls on ex- Railroad Retirement Board, transmitting partment of Defense, transmitting the De- ports of certain items under the authority of the budget request for the Office of Inspector partment’s final rule — Defense Federal Ac- Section 6 of the Export Administration Act General, Railroad Retirement Board, for fis- quisition Regulation Supplement; Restric- of 1979, as amended, and continued by Execu- cal year 2008, prepared in compliance with tion on Carbon, Alloy, and Armor Steel tive Order 13222 of August 17, 2001, as ex- OMB Circular No. A-11; to the Committee on Plate (DFARS Case 2005-D002) (RIN: 0750- tended by the Notice of August 7, 2003; to the Oversight and Government Reform. AF17) received February 9, 2007, pursuant to Committee on Foreign Affairs. 726. A letter from the Inspector General, 5 U.S.C. 801(a)(1)(A); to the Committee on 714. A letter from the Assistant Secretary Small Business Administration, transmit- Armed Services. for Legislative Affairs, Department of State, ting the semiannual report of the Office of 704. A letter from the Liaison Officer, DoD, transmitting a report pursuant to Section 3 Inspector General for the period April 1, 2006 Department of Defense, transmitting the De- of the Arms Export Control Act, as amended, through September 30, 2006, pursuant to 5

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U.S.C. app. (Insp. Gen. Act) section 5(b); to reauthorize and improve the program au- lina, Mr. MOORE of Kansas, Mr. the Committee on Oversight and Govern- thorized by the Appalachian Regional Devel- MORAN of Virginia, Mrs. MUSGRAVE, ment Reform. opment Act of 1965, with an amendment Mrs. NAPOLITANO, Mr. RODRIGUEZ, 727. A letter from the Acting Director, Of- (Rept. 110–33). Referred to the Committee of Ms. LINDA T. SA´ NCHEZ of California, fice of Sustainable Fisheries, NMFS, Na- the Whole House on the State of the Union. Mr. SCHIFF, Ms. SCHWARTZ, Mr. tional Oceanic and Atmospheric Administra- SHULER, Mr. SMITH of Texas, Mr. f tion, transmitting the Administration’s final THOMPSON of California, Mr. TOWNS, rule — Fisheries of the Northeastern United PUBLIC BILLS AND RESOLUTIONS Mr. UDALL of New Mexico, Mr. States; Atlantic Bluefish Fishery; Commer- UPTON, Mr. VAN HOLLEN, Mr. WAMP, cial Quota Harvested for New York [Docket Under clause 2 of rule XII, public Ms. WATSON, Mr. WAXMAN, Ms. WOOL- No. 051128313-6029-02; I.D. 120406C] received bills and resolutions were introduced SEY, and Mr. WU): December 21, 2006, pursuant to 5 U.S.C. and severally referred, as follows: H.R. 1331. A bill to amend the Internal Rev- enue Code of 1986 to provide a tax credit for 801(a)(1)(A); to the Committee on Natural By Ms. ROYBAL-ALLARD (for herself new qualified plug-in hybrid motor vehicles; Resources. and Mr. GEORGE MILLER of Cali- to the Committee on Ways and Means. 728. A letter from the Deputy Director, Of- fornia): fice of Protected Resources, National Oce- By Ms. BEAN (for herself, Mr. CHABOT, H.R. 1327. A bill to direct the Occupational ´ anic and Atmospheric Administration, trans- and Ms. VELAZQUEZ): Safety and Health Administration to com- H.R. 1332. A bill to improve the access to mitting the Administration’s final rule — plete its rulemaking on Employer Payment Taking and Importing Marine Mammals; capital programs of the Small Business Ad- for Personal Protective Equipment for work- ministration, and for other purposes; to the Taking Marine Mammals Incidental to Con- ers; to the Committee on Education and Committee on Small Business. ducting Precision Strike Weapons Testing Labor. By Mr. DENT (for himself, Mrs. EMER- and Training by Eglin Air Force Base in the By Mr. PALLONE (for himself, Mr. RA- SON, Mr. EHLERS, Mr. LAHOOD, Mr. Gulf of Mexico [Docket No. 060629183-6289-02; HALL, Mr. YOUNG of Alaska, Mr. KIL- REICHERT, Mr. GERLACH, Ms. GINNY I.D. 022106A] (RIN: 0648-AT39) received De- DEE, Mr. GEORGE MILLER of Cali- BROWN-WAITE of Florida, Mr. KIRK, cember 29, 2006, pursuant to 5 U.S.C. fornia, Mr. FALEOMAVAEGA, Mrs. Mr. PATRICK MURPHY of Pennsyl- 801(a)(1)(A); to the Committee on Natural CHRISTENSEN, Mr. GRIJALVA, Mr. vania, Ms. FOXX, Mr. MCCAUL of Resources. BOREN, Mr. HINCHEY, Mr. KENNEDY, Texas, Mr. ROGERS of Alabama, Mr. 729. A letter from the Assistant Adminis- Mr. KIND, Mr. INSLEE, Mr. BACA, Mr. BARTLETT of Maryland, Mr. UPTON, trator, Fisheries, NMFS, National Oceanic UDALL of New Mexico, Mr. RENZI, Mr. Mr. HOLDEN, Mr. GRAVES, Mr. and Atmospheric Administration, transmit- WU, Mr. CONYERS, Mr. OBERSTAR, Mr. PLATTS, Mr. KING of Iowa, Mr. ting the Administration’s final rule — Atlan- THOMPSON of California, Mr. WAX- RUPPERSBERGER, Mr. BRADY of Penn- tic Highly Migratory Species; Atlantic Com- MAN, Mr. COLE of Oklahoma, Mr. BOS- sylvania, Mr. MICHAUD, Mr. ENGLISH mercial Shark Management Measures [Dock- WELL, Ms. HERSETH, Mr. ENGEL, Mr. of Pennsylvania, Mr. MCCOTTER, Mr. et No. 060925247-6323-02; I.D. 091106B] (RIN: KAGEN, Ms. BORDALLO, Mrs. BONO, TERRY, Mr. DUNCAN, Mr. SHUSTER, 0648-AU84) received December 29, 2006, pursu- Mr. MORAN of Virginia, Mr. Mr. BURTON of Indiana, Mr. GOHMERT, ant to 5 U.S.C. 801(a)(1)(A); to the Committee MCDERMOTT, Mr. HONDA, Mr. FILNER, Mr. RENZI, Mrs. BLACKBURN, Mr. on Natural Resources. Mr. MCKEON, and Ms. SOLIS): SPRATT, Mr. SMITH of Nebraska, Mr. 730. A letter from the Federal Register Li- H.R. 1328. A bill to amend the Indian TOM DAVIS of Virginia, Mr. BOSWELL, aison Officer, Alcohol and Tobacco Tax and Health Care Improvement Act to revise and and Mr. KING of New York): Trade Bureau, transmitting the Bureau’s extend that Act; to the Committee on Nat- H.R. 1333. A bill to amend the Homeland final rule — Establishment of the Outer ural Resources, and in addition to the Com- Security Act of 2002 to direct the Secretary Coastal Plain Viticultural Area (2003R-166P) mittees on Energy and Commerce, and Ways to enter into an agreement with the Sec- [T.D. TTB-58; Re: Notice No. 59] (RIN: 1513- and Means, for a period to be subsequently retary of the Air Force to use Civil Air Pa- AB13) received February 8, 2007, pursuant to determined by the Speaker, in each case for trol personnel and resources to support 5 U.S.C. 801(a)(1)(A); to the Committee on consideration of such provisions as fall with- homeland security missions; to the Com- Ways and Means. in the jurisdiction of the committee con- mittee on Homeland Security, and in addi- 731. A letter from the Board Members, cerned. tion to the Committee on Transportation Railroad Retirement Board, transmitting By Mr. BARTON of Texas (for himself and Infrastructure, for a period to be subse- the Board’s Congressional Justification of and Mr. DEAL of Georgia): quently determined by the Speaker, in each Budget Estimates for Fiscal Year 2008, pur- H.R. 1329. A bill to amend title XXI of the case for consideration of such provisions as suant to 45 U.S.C. 231f(f); jointly to the Com- Social Security Act to make available addi- fall within the jurisdiction of the committee mittees on Appropriations, Transportation tional amounts to address the funding short- concerned. and Infrastructure, and Ways and Means. falls in the State Children’s Health Insur- By Mr. YOUNG of Alaska (for himself f ance Program for fiscal year 2007; to the and Mr. REICHERT): Committee on Energy and Commerce. H.R. 1334. A bill to provide for the tax REPORTS OF COMMITTEES ON By Mr. CARNEY (for himself and Mr. treatment of income received in connection PUBLIC BILLS AND RESOLUTIONS BURTON of Indiana): with the litigation concerning the Exxon H.R. 1330. A bill to amend title 10, United Valdez oil spill, and for other purposes; to Under clause 2 of rule XIII, reports of the Committee on Ways and Means. committees were delivered to the Clerk States Code, to extend the time limit for the use of education assistance by members of By Mr. BARRETT of South Carolina: for printing and reference to the proper the Selected Reserve and members of the re- H.R. 1335. A bill to designate the facility of the United States Postal Service located at calendar, as follows: serve component supporting contingency op- 508 East Main Street in Seneca, South Caro- erations and certain other operations; to the [Filed on January 2, 2007] lina, as the ‘‘S/Sgt Lewis G. Watkins Post Committee on Armed Services. Mr. EHLERS: Committee on House Admin- Office Building’’; to the Committee on Over- By Mr. DOGGETT (for himself, Mr. istration. Report on the Activities of the sight and Government Reform. ABERCROMBIE, Mr. BACHUS, Mr. Committee on House Administration During By Mr. BLUMENAUER: BECERRA, Mr. BERMAN, Mr. BISHOP of the 109th Congress (Rept. 109–752). Referred H.R. 1336. A bill to amend the National New York, Mr. BLUMENAUER, Mr. to the Committee of the Whole House on the Trails System Act to require the Secretary BURGESS, Mr. CLEAVER, Mr. CUELLAR, State of the Union. of the Interior to update the feasibility and Mr. DAVIS of Illinois, Mr. LINCOLN suitability studies of four national historic [Filed on March 6, 2007] DAVIS of Tennessee, Mr. DEFAZIO, Mr. trails, and for other purposes; to the Com- Ms. MATSUI: Committee on Rules. House EDWARDS, Mr. EHLERS, Mr. ELLISON, mittee on Natural Resources. Resolution 214. Resolution providing for con- Mr. FARR, Mr. FILNER, Mr. GONZALEZ, By Mr. COLE of Oklahoma: sideration of the bill (H.R. 569) to amend the Mr. AL GREEN of Texas, Mr. GENE H.R. 1337. A bill to provide for a feasibility Federal Water Pollution Control Act to au- GREEN of Texas, Mr. HALL of New study of alternatives to augment the water thorize appropriations for sewer overflow York, Mr. HASTINGS of Florida, Ms. supplies of the Central Oklahoma Master control grants (Rept. 110–31). Referred to the HOOLEY, Mr. HOLT, Mr. INSLEE, Mr. Conservancy District and cities served by House Calendar. ISRAEL, Mr. JEFFERSON, Ms. EDDIE the District; to the Committee on Natural Mr. CARDOZA: Committee on Rules. BERNICE JOHNSON of Texas, Mr. KAN- Resources. House Resolution 215. Resolution providing JORSKI, Ms. KAPTUR, Mr. KENNEDY, By Ms. DELAURO (for herself, Mr. for consideration of the bill (H.R. 700) to Mr. KIND, Mr. LAMPSON, Mr. LANTOS, HALL of New York, Mr. LEVIN, Mr. amend the Federal Water Pollution Control Mr. LEWIS of Georgia, Mrs. MALONEY LARSON of Connecticut, Ms. Act to extend the pilot program for alter- of New York, Ms. MATSUI, Mrs. DEGETTE, Ms. BORDALLO, Mr. SKEL- native water source projects (Rept. 110–32). MCCARTHY of New York, Mr. MCCAUL TON, Mr. HONDA, Ms. BERKLEY, Ms. Referred to the House Calendar. of Texas, Mr. MCDERMOTT, Mr. SCHAKOWSKY, Mr. DOYLE, Mr. KILDEE, Mr. OBERSTAR: Committee on Transpor- MCGOVERN, Mr. MEEHAN, Mr. Mr. BOSWELL, Ms. CARSON, Mr. FIL- tation and Infrastructure. H.R. 799. A bill to MICHAUD, Mr. MILLER of North Caro- NER, Mr. OBERSTAR, Mr. WYNN, Ms.

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ESHOO, Mr. PRICE of North Carolina, Mr. HARE, Mr. KUCINICH, Ms. ZOE MILLER of California, Mr. CAPUANO, Ms. SCHWARTZ, Mrs. MALONEY of New LOFGREN of California, Mrs. MALONEY Mr. VAN HOLLEN, Mr. ALLEN, Mr. York, Mrs. CAPPS, Mr. HINCHEY, Mr. of New York, Ms. MCCOLLUM of Min- BLUMENAUER, Mr. DAVIS of Illinois, GEORGE MILLER of California, Mr. nesota, Mr. MCDERMOTT, Mr. MCGOV- Mrs. DAVIS of California, Mr. BUTTERFIELD, Mr. MORAN of Virginia, ERN, Mr. GEORGE MILLER of Cali- GRIJALVA, Mr. HINCHEY, Mr. HOLT, Mr. LANTOS, Ms. WOOLSEY, Ms. NOR- fornia, Mr. MORAN of Virginia, Mrs. Mr. KUCINICH, Ms. LEE, Mr. LEWIS of TON, Mr. DINGELL, Ms. MCCOLLUM of NAPOLITANO, Mr. OLVER, Mr. PAUL, Georgia, Mrs. MALONEY of New York, Minnesota, Mr. DOGGETT, Mr. OBEY, Ms. SCHAKOWSKY, Mr. SERRANO, Mr. Ms. MCCOLLUM of Minnesota, Mr. Mr. MOORE of Kansas, Ms. KIL- STARK, Mr. TIERNEY, Mr. VAN MCGOVERN, Mr. PAYNE, Mr. SERRANO, PATRICK, Mr. DEFAZIO, Mr. BERMAN, HOLLEN, Mr. WEXLER, Ms. WOOLSEY, Mr. PASTOR, Ms. SCHAKOWSKY, Mr. Ms. ZOE LOFGREN of California, Mrs. Mr. CONYERS, Ms. ESHOO, Ms. HIRONO, TIERNEY, Ms. WOOLSEY, Ms. BALDWIN, CHRISTENSEN, Mr. ALLEN, Mr. SHER- and Mr. KAGEN): Mrs. CAPPS, Ms. DELAURO, Mr. FARR, MAN, Mr. CONYERS, Mr. KENNEDY, Mr. H.R. 1346. A bill to amend the Elementary Ms. JACKSON-LEE of Texas, Ms. MAT- RYAN of Ohio, Mr. BACA, Ms. SOLIS, and Secondary Education Act of 1965 to di- SUI, Mr. MCNULTY, Mr. MEEHAN, Mr. Mr. ELLISON, Mrs. MCCARTHY of New rect local educational agencies to release MICHAUD, Mr. MORAN of Virginia, Mr. York, and Mr. GRIJALVA): secondary school student information to NADLER, Mr. OLVER, Mr. PRICE of H.R. 1338. A bill to amend the Fair Labor military recruiters if the student’s parent North Carolina, Mr. ROTHMAN, Mr. Standards Act of 1938 to provide more effec- provides written consent for the release, and THOMPSON of California, Mr. UDALL of for other purposes; to the Committee on tive remedies to victims of discrimination in New Mexico, Ms. WATSON, Mr. Education and Labor. the payment of wages on the basis of sex, and MCDERMOTT, Mr. RUSH, Mr. HONDA, By Ms. HOOLEY (for herself, Ms. BEAN, for other purposes; to the Committee on and Mr. SIRES): Education and Labor. Mr. MCGOVERN, Mr. JOHNSON of Geor- H.R. 1352. A bill to prohibit the return or By Mr. FORTUN˜ O: gia, Mr. PATRICK MURPHY of Pennsyl- H.R. 1339. A bill to make residents of Puer- vania, Ms. BERKLEY, Mr. STARK, Mr. other transfer of persons by the United to Rico eligible for the earned income tax FILNER, Mr. MILLER of North Caro- States, for the purpose of detention, interro- credit; to the Committee on Ways and lina, Ms. MATSUI, Mr. LIPINSKI, Mr. gation, trial, or otherwise, to countries Means. BOSWELL, Mr. KIND, Mr. SPRATT, Mr. where torture or other inhuman treatment By Mr. FORTUN˜ O: BAIRD, Mrs. CAPPS, Ms. DEGETTE, Mr. of persons occurs, and for other purposes; to H.R. 1340. A bill to amend the Internal Rev- WYNN, Mrs. MALONEY of New York, the Committee on Foreign Affairs. enue Code of 1986 to promote freedom, fair- Mr. CONYERS, Mr. COURTNEY, Mr. By Mr. MOORE of Kansas (for himself ness, and economic opportunity by estab- DEFAZIO, Mr. HOLT, Mr. INSLEE, Mr. and Mr. SALAZAR): MCDERMOTT, Mr. MCINTYRE, Mr. lishing National Enterprise Zones to pro- H.R. 1353. A bill to amend title II of the So- mote prosperity in economically depressed MICHAUD, Mr. MOORE of Kansas, Mr. cial Security Act to ensure that the receipts areas; to the Committee on Ways and Means. ROSS, Ms. SCHAKOWSKY, Mr. TANNER, and disbursements of the Social Security By Mr. GILLMOR (for himself, Ms. Mr. THOMPSON of California, Mr. VAN trust funds are not included in a unified Fed- DEGETTE, Mr. KUCINICH, and Mr. HOLLEN, Ms. MCCOLLUM of Min- eral budget and to provide that Social Secu- JONES of North Carolina): nesota, and Mr. BOREN): H.R. 1341. A bill to require corporate in- H.R. 1347. A bill to extend the period dur- rity contributions are used to protect Social come reported to the Internal Revenue Serv- ing which members of the Armed Forces de- Security solvency by mandating that Trust ice to be included in annual reports to the ployed in contingency operations may re- Fund monies cannot be diverted to create Securities and Exchange Commission; to the quest and receive reimbursement for helmet private accounts; to the Committee on Ways Committee on Financial Services. pads, which are designed to protect the wear- and Means, and in addition to the Committee By Mr. GINGREY: er from bomb blasts and non-ballistic im- on the Budget, for a period to be subse- H.R. 1342. A bill to suspend the visa waiver pacts, that are purchased by such members; quently determined by the Speaker, in each program until certain entry-exit control re- to the Committee on Armed Services. case for consideration of such provisions as By Mr. KENNEDY (for himself and Mr. quirements are met, and for other purposes; fall within the jurisdiction of the committee SULLIVAN): to the Committee on the Judiciary. concerned. By Mr. GENE GREEN of Texas (for H.R. 1348. A bill to redesignate the Na- tional Institute on Drug Abuse as the Na- By Mr. MORAN of Virginia (for him- himself and Mr. PICKERING): self, Mr. LAHOOD, Mr. CROWLEY, Mr. H.R. 1343. A bill to amend the Public tional Institute on Diseases of Addiction, FARR, Mr. GRIJALVA, Ms. KAPTUR, Health Service Act to provide additional au- and to redesignate the National Institute on Mr. KENNEDY, Mr. MARKEY, Mrs. thorizations of appropriations for the health Alcohol Abuse and Alcoholism as the Na- MCCARTHY of New York, Ms. WOOL- centers program under section 330 of such tional Institute on Alcohol Disorders and SEY, Mrs. MALONEY of New York, Ms. Act; to the Committee on Energy and Com- Health; to the Committee on Energy and BERKLEY, Mr. STARK, Ms. HIRONO, Mr. merce. Commerce. WAXMAN, Ms. MCCOLLUM of Min- By Ms. HERSETH (for herself, Mr. By Mr. KING of New York: H.R. 1349. A bill to amend the Internal Rev- nesota, Mr. LANGEVIN, Mr. CAPUANO, POMEROY, Mrs. EMERSON, and Mr. enue Code of 1986 to repeal the 1993 increase Mr. HARE, Mr. VAN HOLLEN, Mr. NAD- MCGOVERN): in income taxes on Social Security benefits; LER, Mr. RAMSTAD, Mr. MCDERMOTT, H.R. 1344. A bill to improve Federal nutri- to the Committee on Ways and Means. Mr. HONDA, Mr. PASCRELL, Mr. WU, tion programs; to the Committee on Edu- By Mr. EHLERS (for himself, Mr. Mr. FILNER, Mr. RUSH, Mr. SHAYS, cation and Labor, and in addition to the EMANUEL, Mr. KIRK, Mr. DINGELL, Mr. Mr. BERMAN, Mr. PETERSON of Min- Committee on Agriculture, for a period to be REYNOLDS, Mr. LATOURETTE, Mr. nesota, Ms. CARSON, Ms. MATSUI, Mr. subsequently determined by the Speaker, in WALBERG, Mrs. MILLER of Michigan, KAGEN, Mr. WEXLER, Ms. SHEA-POR- each case for consideration of such provi- Mr. KNOLLENBERG, Mr. CAMP of TER, Mr. MURTHA, Mr. BISHOP of sions as fall within the jurisdiction of the Michigan, Mr. HOEKSTRA, Mr. UPTON, Georgia, Mr. BOYD of Florida, and committee concerned. and Mr. STUPAK): Mr. ROTHMAN): By Mr. HIGGINS (for himself, Mr. REY- H.R. 1350. A bill to establish a collabo- H.R. 1354. A bill to amend titles 10 and 38, NOLDS, and Ms. SLAUGHTER): rative program to protect the Great Lakes, H.R. 1345. A bill to amend the Energy Em- United States Code, to improve benefits and and for other purposes; to the Committee on ployees Occupational Illness Compensation Transportation and Infrastructure, and in services for members of the Armed Forces, Program Act of 2000 to include certain addition to the Committees on Natural Re- veterans of the Global War on Terrorism, former nuclear weapons program workers in sources, Science and Technology, and House and other veterans, to require reports on the the Special Exposure Cohort under the en- Administration, for a period to be subse- effects of the Global War on Terrorism, and ergy employees occupational illness com- quently determined by the Speaker, in each for other purposes; to the Committee on Vet- pensation program; to the Committee on the case for consideration of such provisions as erans’ Affairs, and in addition to the Com- Judiciary, and in addition to the Committee fall within the jurisdiction of the committee mittee on Armed Services, for a period to be on Education and Labor, for a period to be concerned. subsequently determined by the Speaker, in subsequently determined by the Speaker, in By Mrs. LOWEY (for herself and Mrs. each case for consideration of such provi- each case for consideration of such provi- MALONEY of New York): sions as fall within the jurisdiction of the sions as fall within the jurisdiction of the H.R. 1351. A bill to amend the Federal Fire committee concerned. committee concerned. Prevention and Control Act of 1974 to au- By Mrs. MYRICK (for herself and Mr. By Mr. HONDA (for himself, Ms. BALD- thorize the Administrator of the United MCINTYRE): WIN, Ms. BERKLEY, Mrs. CAPPS, Ms. States Fire Administration to provide assist- CARSON, Mr. CLEAVER, Mr. CUMMINGS, ance to firefighting task forces, and for other H.R. 1355. A bill to improve sharing of im- Mr. DEFAZIO, Mr. DELAHUNT, Ms. purposes; to the Committee on Science and migration information among Federal, DELAURO, Mr. ELLISON, Mr. FARR, Technology. State, and local law enforcement officials, to Mr. FRANK of Massachusetts, Mr. By Mr. MARKEY (for himself, Mr. improve State and local enforcement of im- GENE GREEN of Texas, Mr. GRIJALVA, WAXMAN, Mr. CONYERS, Mr. GEORGE migration laws, and for other purposes; to

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the Committee on the Judiciary, and in addi- Committee on Oversight and Government H.R. 23: Mr. REYES. tion to the Committee on Homeland Secu- Reform, and in addition to the Committee on H.R. 39: Mr. BRALEY of Iowa. rity, for a period to be subsequently deter- Armed Services, for a period to be subse- H.R. 74: Mr. HILL. mined by the Speaker, in each case for con- quently determined by the Speaker, in each H.R. 101: Ms. WASSERMAN SCHULTZ. sideration of such provisions as fall within case for consideration of such provisions as H.R. 133: Mr. EVERETT. the jurisdiction of the committee concerned. fall within the jurisdiction of the committee H.R. 140: Mr. GORDON and Mr. MEEHAN. By Mr. OBERSTAR (for himself, Mr. concerned. H.R. 146: Mr. WOLF. MICA, Mr. COSTELLO, and Mr. PETRI) By Ms. WOOLSEY (for herself and Mr. H.R. 157: Mr. GRIJALVA and Mr. LEWIS of (all by request): SHAYS): Georgia. H.R. 1356. A bill to amend title 49, United H.R. 1363. A bill to amend the Child Nutri- H.R. 216: Mr. CONYERS. States Code, to authorize appropriations for tion Act of 1966 to improve the nutrition and H.R. 217: Mr. CONYERS and Mr. STARK. the Federal Aviation Administration for fis- health of schoolchildren by updating the def- H.R. 243: Mr. MCCOTTER. cal years 2008 through 2010, to improve avia- inition of ‘‘food of minimal nutritional H.R. 367: Mr. MCCAUL of Texas. tion safety and capacity, to provide stable, value’’ to conform to current nutrition H.R. 413: Mr. HONDA. cost-based funding for the national aviation science and to protect the Federal invest- H.R. 419: Mr. COLE of Oklahoma. system, and for other purposes; to the Com- ment in the national school lunch and break- H.R. 436: Mr. MILLER of Florida. mittee on Transportation and Infrastruc- fast programs; to the Committee on Edu- H.R. 464: Ms. WATSON. ture, and in addition to the Committees on cation and Labor. H.R. 507: Mr. LEWIS of Georgia, Mr. SPACE, Science and Technology, and Ways and By Mr. MCGOVERN (for himself and Mr. ROSS, Mr. REYES, Mr. CUMMINGS, Mr. Means, for a period to be subsequently deter- Mrs. BONO): CLAY, Mr. ETHERIDGE, and Mr. CONYERS. mined by the Speaker, in each case for con- H. Con. Res. 81. Concurrent resolution ex- H.R. 549: Mr. COHEN, Mr. JOHNSON of Illi- pressing the sense of the Congress regarding sideration of such provisions as fall within nois, Mr. RADANOVICH, and Ms. CARSON. bone marrow diseases; to the Committee on the jurisdiction of the committee concerned. H.R. 570: Mr. GERLACH. Energy and Commerce. By Ms. ROS-LEHTINEN (for herself, H.R. 588: Mr. CARNEY. By Mr. FERGUSON: Mr. BLUNT, Mr. LANTOS, Mr. CANTOR, H.R. 642: Ms. BERKLEY, Mr. HOLDEN, and H. Con. Res. 82. Concurrent resolution ex- Mr. SHERMAN, Mr. FOSSELLA, Mr. Mr. SCOTT of Virginia. pressing the sense of the Congress that a PENCE, Mr. CHABOT, Mr. TANCREDO, H.R. 643: Ms. BERKLEY, Ms. SCHAKOWSKY, commemorative postage stamp should be Mr. BURTON of Indiana, Mr. ROHR- Mr. BOOZMAN, Mr. RUSH, Mr. HASTINGS of ABACHER, Mr. SMITH of New Jersey, issued in honor of the USS New Jersey and all those who served aboard her; to the Com- Florida, and Mrs. DAVIS of California. Mr. FORTUN˜ O, Mr. WEXLER, Mr. CROW- H.R. 661: Mr. WU. LEY, Mr. KLEIN of Florida, and Mr. mittee on Oversight and Government Re- form. H.R. 662: Mr. FATTAH, Ms. JACKSON-LEE of MCCAUL of Texas): Texas, and Mr. WAXMAN. By Mr. POE (for himself, Mr. GRAVES, H.R. 1357. A bill to require divestiture of H.R. 694: Mr. BRADY of Pennsylvania and Mr. GINGREY, Mr. DAVIS of Kentucky, current investments in Iran, to prohibit fu- Mr. JEFFERSON. Mr. SIMPSON, Mr. GOODE, Mr. WAMP, ture investments in Iran, and to require dis- H.R. 710: Mr. GENE GREEN of Texas, Mr. closure to investors of information relating Mr. AKIN, Mrs. BLACKBURN, Mr. JONES GONZALEZ, Mr. WOLF, Mr. BUTTERFIELD, Mr. to such investments; to the Committee on of North Carolina, Mr. GARY G. MIL- CUMMINGS, Mr. HELLER, and Ms. HIRONO. Financial Services, and in addition to the LER of California, Mr. FEENEY, Mr. H.R. 718: Mr. WILSON of South Carolina, Committees on Oversight and Government HUNTER, Mrs. MYRICK, Mr. BURTON of Mrs. CUBIN, and Mr. ALEXANDER. Reform, and Education and Labor, for a pe- Indiana, Mr. MARCHANT, Mr. H.R. 721: Mr. MICHAUD, Mr. BOYD of Flor- riod to be subsequently determined by the MCHENRY, Mr. FORBES, Mr. DOO- ida, and Mr. NUNES. Speaker, in each case for consideration of LITTLE, Mr. MCCRERY, Ms. GINNY H.R. 727: Mr. PATRICK MURPHY of Pennsyl- such provisions as fall within the jurisdic- BROWN-WAITE of Florida, Mr. GAR- vania, Mr. ENGEL, and Mr. HOLDEN. tion of the committee concerned. RETT of New Jersey, Mr. MCCAUL of H.R. 736: Mr. MANZULLO. By Mr. SHADEGG (for himself, Mr. Texas, Mr. CAMPBELL of California, H.R. 746: Ms. NORTON and Mr. PAYNE. PASTOR, Mr. FLAKE, and Mr. RENZI): Mr. SAM JOHNSON of Texas, Mr. H.R. 748: Mr. MCINTYRE, Ms. MCCOLLUM of H.R. 1358. A bill to create a new non- ROYCE, Mr. ROHRABACHER, and Mr. Minnesota, and Mr. BOSWELL. immigrant visa category for registered BILBRAY): nurses, and for other purposes; to the Com- H. Con. Res. 83. Concurrent resolution ex- H.R. 769: Mr. KLINE of Minnesota. mittee on the Judiciary. pressing the sense of the Congress that State H.R. 787: Ms. CLARKE, Mr. ELLISON, Mr. By Mr. SHADEGG (for himself, Mr. and local governments should be supported SIRES, Mr. JACKSON of Illinois, Mr. CAPUANO, WESTMORELAND, Mr. MILLER of Flor- for taking actions to discourage illegal im- Mr. WYNN, and Mr. PASCRELL. ida, Mr. GARRETT of New Jersey, Mr. migration and that legislation should be en- H.R. 805: Mr. CARNAHAN, Mr. MCCOTTER, LAMBORN, Mr. GINGREY, Mr. FLAKE, acted to ease the burden on State and local Mr. MCCAUL of Texas, and Mr. HOLDEN. RIJALVA Mr. GOHMERT, Mr. MARCHANT, Ms. governments for taking such actions; to the H.R. 814: Mr. G . H.R. 822: Mr. RUSH and Mr. HONDA. FOXX, Mr. BARTLETT of Maryland, Committee on the Judiciary, and in addition H.R. 847: Mr. PEARCE and Mr. COHEN. Mr. BURTON of Indiana, Mr. HERGER, to the Committee on Homeland Security, for H.R. 869: Mr. SPACE, Mr. RAHALL, and Mr. Mr. AKIN, Mr. CONAWAY, Mr. BISHOP a period to be subsequently determined by TERRY. of New York, Mr. PAUL, Mr. the Speaker, in each case for consideration H.R. 872: Mr. REYES and Mr. KAGEN. MCCOTTER, and Mrs. MYRICK): of such provisions as fall within the jurisdic- H.R. 1359. A bill to require Congress to tion of the committee concerned. H.R. 873: Mr. COHEN. specify the source of authority under the By Mr. SHUSTER: H.R. 876: Mr. GENE GREEN of Texas. United States Constitution for the enact- H. Res. 216. A resolution commending the H.R. 887: Mr. GENE GREEN of Texas. ment of laws, and for other purposes; to the Juniata College volleyball team for winning H.R. 901: Mr. CROWLEY, Mrs. MCCARTHY of Committee on the Judiciary, and in addition the NCAA Division III Women’s Volleyball New York, and Mr. WAXMAN. to the Committee on Rules, for a period to be Championship; to the Committee on Edu- H.R. 913: Mr. LAMPSON. subsequently determined by the Speaker, in cation and Labor. H.R. 916: Ms. LINDA T. SA´ NCHEZ of Cali- each case for consideration of such provi- By Mr. WU: fornia. sions as fall within the jurisdiction of the H. Res. 217. A resolution expressing the H.R. 931: Mrs. MUSGRAVE. committee concerned. sense of the House of Representatives con- H.R. 933: Mr. COHEN. By Mr. SHAYS: cerning the 50th anniversary of Celilo Falls; H.R. 938: Mr. BOOZMAN. H.R. 1360. A bill to amend title 4 of the to the Committee on Natural Resources. H.R. 947: Ms. KILPATRICK. United States Code to limit the extent to f H.R. 950: Mr. HOLDEN. which States may tax the compensation H.R. 962: Ms. MATSUI. earned by nonresident telecommuters; to the PRIVATE BILLS AND H.R. 971: Mrs. MCMORRIS RODGERS, Mr. Committee on the Judiciary. RESOLUTIONS BRALEY of Iowa, Mr. MCINTYRE, Mr. By Ms. VELA´ ZQUEZ (for herself, Mr. Under clause 3 of rule XII, BOUSTANY, Mr. KLEIN of Florida, Mr. BAKER, Mr. JEFFERSON, Mr. TAYLOR, Mr. LATOURETTE introduced a bill MCHUGH, Mr. HERGER, Mr. FILNER, Mr. Mr. MELANCON, Mr. GONZALEZ, Mr. (H.R. 1364) for the relief of Zdenko ORTIZ, and Mr. SALAZAR. GRIJALVA, Mr. LIPINSKI, Ms. MOORE of Lisak; which was referred to the H.R. 972: Mr. HOLDEN. Wisconsin, Mr. BRALEY of Iowa, and Committee on the Judiciary. H.R. 1017: Mr. LEVIN and Mr. COHEN. Mr. JOHNSON of Georgia): H.R. 1030: Ms. BORDALLO. H.R. 1361. A bill to improve the disaster re- f H.R. 1031: Mr. THOMPSON of Mississippi, Mr. lief programs of the Small Business Adminis- ADDITIONAL SPONSORS TO PUBLIC AL GREEN of Texas, Mr. JEFFERSON, Ms. LEE, tration, and for other purposes; to the Com- BILLS AND RESOLUTIONS Ms. WATSON, Mr. CUMMINGS, Mrs. CAPPS, Mr. mittee on Small Business. RUSH, Mr. MCNULTY, Mr. HONDA, Mr. By Mr. WAXMAN: Under clause 7 of rule XII, sponsors CUELLAR, and Mr. ABERCROMBIE. H.R. 1362. A bill to reform acquisition prac- were added to public bills and resolu- H.R. 1032: Ms. WATSON and Mr. MCCOTTER. tices of the Federal Government; to the tions as follows: H.R. 1038: Mr. WAMP.

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H.R. 1055: Mr. GENE GREEN of Texas. H. Res. 186: Mr. GENE GREEN of Texas, Mr. Page 4, line 8, strike ‘‘$400,000,000’’ and in- H.R. 1061: Mr. WELCH of Vermont. KLEIN of Florida, and Mr. MCCOTTER. sert ‘‘$380,000,000’’. H.R. 1072: Mr. RUSH, Mr. MCDERMOTT, Mr. H. Res. 196: Ms. WOOLSEY, Mr. BERMAN, Mr. Page 4, line 9, strike ‘‘$500,000,000’’ and in- DELAHUNT, Mrs. MCCARTHY of New York, Mr. GONZALEZ, and Mr. KUCINICH. sert ‘‘$475,000,000’’. CUMMINGS, Mr. MCGOVERN, Ms. JACKSON-LEE H. Res. 197: Mr. GONZALEZ, Ms. ZOE H.R. 700 of Texas, and Ms. WOOLSEY. LOFGREN of California, Mr. SERRANO, Mr. OFFERED BY: MR. PRICE OF GEORGIA H.R. 1073: Mr. WEINER, Mr. WALSH of New WYNN, Mr. MCDERMOTT, Mr. CARNAHAN, Mr. AMENDMENT NO. 1: At the end of the bill, York, Mr. GENE GREEN of Texas, Mr. KING of HALL of New York, Mr. BACA, Ms. JACKSON- add the following: New York, Mr. COSTELLO, Mr. ORTIZ, Mr. LEE of Texas, Ms. SCHAKOWSKY, Ms. BERK- SEC. 3. REQUIREMENT OF OFFSETS. BISHOP of New York, Mr. PASTOR, Ms. ZOE LEY, Ms. KAPTUR, Mr. CROWLEY, Ms. ´ (a) IN GENERAL.—No authorization of ap- LOFGREN of California, Mrs. BOYDA of Kan- DEGETTE, Mr. OLVER, Ms. VELAZQUEZ, Mr. propriations made by this Act or other provi- sas, and Mrs. MALONEY of New York. ORTIZ, Mr. REYES, Ms. WOOLSEY, and Mr. sion of this Act that results in costs to the H.R. 1076: Mr. COSTELLO. GENE GREEN of Texas. Federal Government shall be effective except H.R. 1082: Mr. KILDEE, Mr. STARK, Mr. ARSHALL H. Res. 208: Mr. M , and Mr. to the extent that this Act provides for off- PAYNE, Mr. UDALL of Colorado, Mr. MCHUGH, MCNULTY. setting decreases in spending of the Federal Mr. ELLISON, and Mrs. NAPOLITANO. f Government, such that the net effect of this H.R. 1092: Mr. MCDERMOTT. Act does not either increase the Federal def- H.R. 1093: Mr. FARR, Ms. JACKSON-LEE of DELETIONS OF SPONSORS FROM icit or reduce the Federal surplus. Texas, Ms. BERKLEY, Mr. GARY G. MILLER of PUBLIC BILLS AND RESOLUTIONS (b) DEFINITIONS.—In this section, the terms California, and Mr. CONYERS. Under clause 7 of rule XII, sponsors ‘‘deficit’’ and ‘‘surplus’’ have the meanings H.R. 1125: Mr. BISHOP of Georgia, Mrs. given such terms in the Congressional Budg- CAPITO, Ms. SHEA-PORTER, Mr. COBLE, Mr. were deleted from public bills and reso- lutions as follows: et and Impoundment Control Act of 1974 (2 HALL of Texas, Mr. MACK, Mr. JONES of U.S.C. 621 et seq.). North Carolina, Mr. MANZULLO, Mr. MATHE- H.R. 866: Mr. MARIO DIAZ-BALART of Flor- H.R. 700 SON, Mr. RENZI, Mr. PAUL, Mr. HUNTER, Mr. ida. OFFERED BY: MR. ROHRABACHER ROSKAM, and Mr. STARK. f H.R. 1126: Ms. SUTTON, Mr. ALTMIRE, Mr. AMENDMENT NO. 2: Page 2, after line 5, in- WILSON of Ohio, and Mr. HOLDEN. AMENDMENTS sert the following: (a) PARTICIPATION IN EMPLOYMENT ELIGI- H.R. 1144: Mr. COHEN, Ms. DEGETTE, Mr. Under clause 8 of rule XVIII, pro- BILITY VERIFICATION PILOT PROGRAM.—Sec- HONDA, Mr. JINDAL, Ms. ZOE LOFGREN of Cali- posed amendments were submitted as fornia, Mr. GONZALEZ, Ms. MCCOLLUM of Min- tion 220(c) of the Federal Water Pollution follows: nesota, Mr. MCGOVERN, Mr. PASTOR, Ms. Control Act (33 U.S.C. 1300(c)) is amended— SCHAKOWSKY, Ms. VELA´ ZQUEZ, and Mr. H.R. 569 (1) by striking ‘‘The Administrator’’ and WEXLER. OFFERED BY: MR. PRICE OF GEORGIA inserting the following: ‘‘(1) AUTHORITY UNDER STATE LAW.—The H.R. 1146: Mr. EVERETT. AMENDMENT NO. 1: At the end of the bill, Administrator’’; and H.R. 1152: Mr. ROGERS of Michigan. add the following: H.R. 1176: Mr. GRIJALVA. (2) by adding at the end the following: SEC. 3. REQUIREMENT OF OFFSETS. H.R. 1192: Mr. GERLACH. ‘‘(2) PARTICIPATION IN EMPLOYMENT ELIGI- (a) IN GENERAL.—No authorization of ap- H.R. 1238: Mr. WAXMAN. BILITY VERIFICATION PILOT PROGRAM.—The propriations made by this Act or other provi- H.R. 1250: Mr. SENSENBRENNER. Administrator may make a grant under this sion of this Act that results in costs to the H.R. 1261: Mr. MACK, Mr. WALBERG, Mr. section to an entity only if the entity pro- Federal Government shall be effective except CANNON, Mr. DAVIS of Kentucky, Mr. TERRY, vides assurances satisfactory to the Admin- to the extent that this Act provides for off- Mr. WILSON of South Carolina, Mrs. MYRICK, istrator that the entity will impose condi- setting decreases in spending of the Federal Mr. MARCHANT, Mr. DOOLITTLE, and Mr. tions requiring all persons, including con- Government, such that the net effect of this MCCAUL of Texas. tractors and subcontractors, carrying out ac- Act does not either increase the Federal def- H.R. 1280: Ms. SCHAKOWSKY, Mr. CUMMINGS, tivities using amounts of the grant— icit or reduce the Federal surplus. Mr. HIGGINS, Mr. HILL, Mr. KILDEE, and Mr. ‘‘(A) to elect to participate in the basic (b) DEFINITIONS.—In this section, the terms BERMAN. pilot program described in section 403(a) of ‘‘deficit’’ and ‘‘surplus’’ have the meanings H.R. 1283: Mr. COOPER and Mr. PRICE of the Illegal Immigration Reform and Immi- North Carolina. given such terms in the Congressional Budg- grant Responsibility Act of 1996 (8 U.S.C. et and Impoundment Control Act of 1974 (2 H.R. 1303: Mr. LIPINSKI, Mr. BERMAN, and 1324a note); and U.S.C. 621 et seq.). Mr. JOHNSON of Illinois. ‘‘(B) to comply with the terms and condi- H.R. 1307: Mr. YOUNG of Florida, Mr. H.R. 569 tions of the election.’’. MCCAUL of Texas, and Mr. EVERETT. OFFERED BY: MR. ROHRABACHER Page 2, at the beginning of line 6, insert UTHORIZATION OF PPROPRIATIONS H.R. 1308: Mr. BERMAN. AMENDMENT NO. 2: Page 5, after line 9, add ‘‘(b) A A .—’’. H.R. 1324: Ms. ROS-LEHTINEN and Mr. the following: H.R. 700 SHERMAN. (e) PARTICIPATION IN EMPLOYMENT ELIGI- OFFERED BY: MR. CONAWAY H.J. Res. 1: Mr. FORTENBERRY and Mr. BOS- BILITY VERIFICATION PILOT PROGRAM.—Sec- AMENDMENT NO. 3: Page 2, after line 5, in- WELL. tion 221 of the Federal Water Pollution Con- sert the following: H.J. Res. 14: Mr. RAHALL, Ms. KAPTUR, Ms. trol Act (33 U.S.C. 1300) is amended by adding (a) SELECTION OF PROJECTS.—Section NORTON, and Mr. FILNER. at the end the following: 220(d)(2) of the Federal Water Pollution Con- H. Con. Res. 49: Mr. LAMBORN and Mr. ‘‘(j) PARTICIPATION IN EMPLOYMENT ELIGI- trol Act (33 U.S.C. 1300(d)(2)) is amended by KINGSTON. BILITY VERIFICATION PILOT PROGRAM.—The inserting before the period at the end the fol- H. Con. Res. 53: Mr. CALVERT, Mrs. MYRICK, Administrator may make a grant to a State, lowing: ‘‘or whether the project is located in and Mr. TERRY. municipality, or municipal entity under sub- an area which is served by a public water H. Con. Res. 71: Mrs. MYRICK. section (a) only if the State, municipality, or system serving 10,000 individuals or fewer’’. H. Res. 49: Mr. BURTON of Indiana and Mr. municipal entity provides assurances satis- Page 2, at the beginning of line 6, insert PASTOR. factory to the Administrator that the State, the following: H. Res. 87: Mr. CARNEY. municipality, or municipal entity will im- (b) AUTHORIZATION OF APPROPRIATIONS.— H. Res. 97: Mr. OLVER, Mr. FILNER, Mr. pose conditions requiring all persons, includ- H.R. 700 WALZ of Minnesota, Ms. CLARKE, Mr. ing contractors and subcontractors, carrying OFFERED BY: MR. KUCINICH ELLISON, Mr. SIRES, Mr. HOLT, Mr. REYES, out activities using amounts of the grant— AMENDMENT NO. 4: Page 2, after line 5, in- Mr. NADLER, and Mr. STARK. ‘‘(1) to elect to participate in the basic H. Res. 101: Mr. PRICE of North Carolina. sert the following: pilot program described in section 403(a) of (a) ELIGIBILITY.—Section 220(c) of the Fed- H. Res. 107: Mr. FATTAH. the Illegal Immigration Reform and Immi- eral Water Pollution Control Act (33 U.S.C. H. Res. 121: Ms. SLAUGHTER, Mr. MEEKs of grant Responsibility Act of 1996 (8 U.S.C. 1300(c)) is amended by inserting before the New York, and Ms. JACKSON-LEE of Texas. 1324a note); and period at the end ‘‘and the entity does not H. Res. 136: Mr. KING of New York, Mr. ‘‘(2) to comply with the terms and condi- permit the use of its water for retail sale of BOOZMAN, Mr. KIND, Mr. MCDERMOTT, Mr. tions of the election.’’. water in containers of 5.7 gallons (20 liters) MICA, and Ms. ZOE LOFGREN of California. H.R. 569 or less’’. H. Res. 149: Mr. HALL of New York. Page 2, line 6, before ‘‘Section’’ insert ‘‘(b) H. Res. 158: Mr. PICKERING, Mrs. MCMORRIS OFFERED BY: MR. KING OF IOWA AUTHORIZATION OF APPROPRIATIONS.—’’. RODGERS, Mr. HERGER, Mr. PETRI, Mr. BART- AMENDMENT NO. 3: Page 4, line 6, strike LETT of Maryland, Mr. HOBSON, Mr. ‘‘$250,000,000’’ and insert ‘‘$237,500,000’’. H.R. 700 RUPPERSBERGER, Mr. TIAHRT, Mr. TERRY, Mr. Page 4, line 7, strike ‘‘$300,000,000’’ and in- OFFERED BY: MR. SESSIONS GONZALEZ, and Mr. WALBERG. sert ‘‘$285,000,000’’. AMENDMENT NO. 5: Page 2, line 9, after the H. Res. 182: Ms. JACKSON-LEE of Texas and Page 4, line 7, strike ‘‘$350,000,000’’ and in- dollar amount insert ‘‘for fiscal years ending Mr. COHEN. sert ‘‘$332,500,000’’. before October 1, 2008’’.

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Vol. 153 WASHINGTON, TUESDAY, MARCH 6, 2007 No. 38 Senate The Senate met at 10 a.m. and was appoint the Honorable JON TESTER, a Sen- The ACTING PRESIDENT pro tem- called to order by the Honorable JON ator from the State of Montana, to perform pore. The clerk will read the title of TESTER, a Senator from the State of the duties of the Chair. the bill for the second time. Montana. ROBERT C. BYRD, The legislative clerk read as follows: President pro tempore. A bill (S. 761) to invest in innovation and PRAYER Mr. TESTER thereupon assumed the education to improve the competitiveness of chair as Acting President pro tempore. The Chaplain, Dr. Barry C. Black, of- the United States in the global economy. fered the following prayer: f Mr. REID. Mr. President, I object to Let us pray. RECOGNITION OF THE MAJORITY any further proceedings on this piece of Eternal Lord God, who commanded LEADER legislation. humanity to be fruitful, bless our Sen- The ACTING PRESIDENT pro tem- ators in their work. Help them to be The ACTING PRESIDENT pro tem- pore. Objection is heard. The bill will faithful in the discharge of their duties pore. The majority leader is recog- be placed on the calendar. nized. and honorable in all of their dealings. f f Give them self-control in speech and IRAQ temper as You empower them to be SCHEDULE models of humility and thoughtfulness. Mr. REID. Mr. President, every Strengthen them to labor so that in Mr. REID. Mr. President, following morning I get up and do my exercise. It thoughts, words, and deeds they may whatever time the leaders utilize, the takes me about an hour to go out and glorify You. Senate will be in a period of morning do what I do in the morning. This Lord, give them the wisdom to build business for 60 minutes, with each side morning was very cold. I listen to the new bridges of friendship and to dis- controlling 30 minutes and the major- radio. I listen to the news every morn- cover fresh opportunities for service. ity going first. ing. It is with a heavy heart that I fin- May their labors for liberty be as the Following morning business, the Sen- ished my exercise this morning and light of morning when the Sun rises ate will resume consideration of S. 4. came into my home and got ready to and like the tender grass springing out Yesterday, I offered a unanimous- come to work. of the Earth. consent agreement to have votes on Nine American soldiers were killed in We pray in Your loving Name. Amen. the pending amendments relating to Iraq yesterday. I don’t know how many collective bargaining. There was an ob- were wounded. I don’t know how many f jection to that request. were grievously wounded. But I have to PLEDGE OF ALLEGIANCE In view of that objection, I indicated focus on those nine soldiers and their I would move to table the DeMint families. The Honorable JON TESTER led the amendment, and I will make that mo- I am fortunate. I am one of four sons. Pledge of Allegiance, as follows: tion at 12 noon today, so Members can My brother Dale died as a young man, I pledge allegiance to the Flag of the expect the first vote at noon today. and I still have not gotten over my United States of America and to the Repub- Today being Tuesday, the Senate will lic for which it stands, one nation under God, brother Dale dying at 46, 47 years old. indivisible, with liberty and justice for all. recess at 12:30 until 2:15 for our weekly I know his death is not comparable, of conferences. course, to these valiant soldiers who f I would also like to remind Members were killed in Iraq yesterday, but he is APPOINTMENT OF ACTING that tomorrow at 11 o’clock, King still my brother and I still feel very PRESIDENT PRO TEMPORE Abdullah, the King of Jordan, will ad- badly. dress a joint meeting of Congress in the I can’t imagine how the nine soldiers’ The PRESIDING OFFICER. The House Chamber. The Senate will depart families feel today. Some of them have clerk will please read a communication for the House Chamber around 10:45 not yet been notified that their loved to the Senate from the President pro a.m. one has been killed, but most of them tempore (Mr. BYRD). by now have been notified. This is a re- The clerk read the following letter: f minder of what is happening in Iraq U.S. SENATE, MEASURE PLACED ON THE thousands of miles from here but af- PRESIDENT PRO TEMPORE, CALENDAR—S. 761 Washington, DC, March 6, 2007. fecting the lives of everyday Ameri- To the Senate: Mr. REID. Mr. President, it is my un- cans. The current approach isn’t work- Under the provisions of rule I, paragraph 3, derstanding that S. 761 is at the desk ing. We need to change course in Iraq. of the Standing Rules of the Senate, I hereby and due for a second reading. Mr. President, I yield the floor.

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

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VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2650 CONGRESSIONAL RECORD — SENATE March 6, 2007 RESERVATION OF LEADER TIME somewhere, and their families are a strong manner, I hope they come for- The ACTING PRESIDENT pro tem- struggling every single day, every sin- ward with positive ideas that will ben- pore. Under the previous order, the gle minute to deal with these young efit our troops. But I also promise to leadership time is reserved. men and women. Sometimes they are our troops, to our men and women, to older. I have talked to men and women our veterans, and to all their families f who are in their 50s who are members that we in this body are not going to MORNING BUSINESS of the Guard and Reserve who have sit idly by and wait for another com- been impacted. Some are grandparents. mission report or for this President to The ACTING PRESIDENT pro tem- This morning the President an- act. pore. Under the previous order, there nounced that one of our former col- Lost in the news coverage last week will now be a period of morning busi- leagues, Senator Bob Dole, will join of this whole Walter Reed fiasco was a ness for up to 60 minutes, with Sen- with former Secretary of Health and report on the President’s failure to pro- ators permitted to speak therein for up Human Services Donna Shalala, who vide adequate mental health care for to 10 minutes each, with the first 30 will cochair a panel to look into the our Armed Forces. That report which minutes under the control of the ma- problems at the Department of Defense was lost in all of this was a military jority and the second 30 minutes under and the veterans health care system. I psychologist-led task force, and they the control of the Republican leader or am pleased the President finally, after told us 30 percent of our troops meet his designee. 4 years, is putting an emphasis on this standards for having a mental disorder, The Senator from Washington is rec- crisis. I think he has chosen two very but less than half of them ever receive ognized. well-qualified individuals to lead this care. Thirty percent of the men and f panel, but I remain very concerned. women we send to Iraq and Afghani- VETERANS HEALTH CARE First of all, let me remind everybody stan come home with what is termed a that the President received rec- mental disorder. Yet less than half of Mrs. MURRAY. Mr. President, I lis- ommendation after recommendation them ever receive care. The stories I tened to the majority leader talk a few from panel after panel during this ad- hear from these troops and from their minutes ago about going out to do his ministration, and time and time again families and the people whom I talk to morning exercise and hearing once he refused to implement their sugges- are heartbreaking. again of nine soldiers who were killed tions or simply ignored them. We see My staff this past week spoke to one today in Iraq and the heavy burden all that on the Senate floor today. We are soldier who returned from his second of us have as we sit and listen to the out here debating the 9/11 Commission. tour in Iraq and is suffering from a se- debate about Iraq and how we should They released their findings years ago. vere case of post-traumatic stress dis- proceed and how we cannot ever forget Few of them have been implemented. It order. He said that at his hospital, if the burden it places on so many fami- has taken a shift in power from Repub- you are not missing a limb, you are lies and will continue to be on so many licans to Democrats to finally imple- virtually invisible. If you are not miss- families for years to come. ment the 9/11 Commission recommend- ing a limb, you are virtually invisible. I have been out on this floor several ations. To me, that is appalling, and I fear times to talk about the administra- Even more recently, the Iraq Study that is not an isolated case. Sometimes tion’s failure to care for our troops. I Group, another bipartisan, highly re- those in need choose not to seek help, am sure it is not going to be my last garded commission, released its find- but for many of them, the ones who time; in fact, I am positive it will not ings on a path forward in Iraq. The want and need mental health care or be my last time. I am going to keep President applauded the members of who their families know need mental talking about these men and women the group, said they were great, but he health care and are trying to get them and their families who have been im- has ignored their recommendations. In- into the system, the services haven’t pacted so dramatically and what we stead, he has left it up to us in Con- been available. are doing as a nation to make sure we gress to try to bring a new direction to Amazingly, only 40 percent of the are there for them every step of the the war in Iraq. Army and Navy’s Active-Duty, licensed way. Unfortunately, the list of failures So we are right, I believe, to be wary clinical psychologist positions are is very long—too long. Recently, we of this new step from the President— filled. Only 40 percent of them are even heard about the obstacles of service two good people, Bob Dole, Donna filled. The psychologists who are on men and women with traumatic brain Shalala, and another highly regarded staff report being worked to the bone injuries when they return home from commission to look into this. I know and having a low motivation for work. battle. I have seen these men and those members will take their time and I talked to a psychologist myself re- women. I have watched what happens evaluate everything. But once they cently on a visit, and he told me he was to them. It is not a couple of days. It is make their recommendations, my doing the same thing he did during the not a couple of months. It is a lifetime question to all of us is: What will the Vietnam war, and he said to me: I don’t of dealing with a traumatic brain in- President do with them? The President know if I can do this anymore. These jury and how it impacts them, their knows how to talk the talk, but I am psychologists are worked to the bone families, their ability to be able to be pretty worried he doesn’t know how to and they are tired. They are tired be- productive, their family’s ability to be walk the walk. cause they see men and women who are able to put food on the table and con- I am here this morning to say our not getting the care and they are wor- tinue to care for the person. It is a troops don’t need any more rhetoric. ried they can’t keep up—almost 4 years long-term cost. It is part of the cost of They do need a lot of action. That is into this war, 4 years into this war. To the war, and it is a burden we should why the Senate Democrats are deter- me, this is so unacceptable. all be sharing and as of yet have not mined to address these problems, not It is unacceptable that there are se- been sharing. just at Walter Reed—of course at Wal- vere staffing shortages in mental We have heard about the shameful ter Reed but beyond that—through health care when men and women need treatment of patients at Walter Reed comprehensive action aimed at taking help. An equally troubling conclusion Hospital. We have all felt so compas- care of the men and women who serve of the report—that was lost last week sionate as we listened to these men and us from the battlefield all the way to because we are so focused on Walter women and the squalid conditions they their local VA and for a lifetime, if Reed, but I think we need to focus on lived in. I am here to tell my col- that is what it takes. it—was that our National Guard and leagues, this is a syndrome, the ‘‘Wal- We need decisive action, not commis- Reserve Forces are being particularly ter Reed’’ syndrome. It is not just at sion after commission and report after hit hard by the shortage in mental Walter Reed. We are hearing from men report that the President can simply health care. We know that Guard and and women across the country who choose to ignore. I hope this commis- Reserve members come from some of have been impacted by this war and sion will, as well as the group actually our smallest communities, and they have been sort of the forgotten step- who has been set up by Secretary have sacrificed so much for this coun- children of this war, left in a facility Gates, who has responded, I believe, in try. They have left loved ones and left

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2651 their jobs for months to go over and lican colleagues and this President— I want to extend my condolences to police an Iraqi civil war. For the Presi- actions speak louder than words. Talk the members of his family and his dent’s escalation plan, now we are see- does not improve the quality of the liv- many friends. ing many of them being forced to go ing conditions, and it doesn’t make He was a man of great conviction and back a second, third time—and I even adequate mental health care available. held a true love for humanity. Mario talked to one soldier who is going back Talk is cheap. Eventually, after a lot of Chanes was a freedom fighter in the the fourth time—without the necessary talk and no action, words catch up truest sense of the words. Originally a break. These brave men and women ac- with you. That is what we are seeing labor leader, Chanes de Armas dem- cepted these realities without com- today. The Bush administration says onstrated leadership and charisma and plaint. Two to one, they say to me: I they have provided for our Active-Duty was an early ally of the then perceived am honored to serve my country. warriors and our veterans, but story ‘‘reformer’’ Fidel Castro. They had Despite all that has been asked of after story, report after report proves worked together for democracy and them and all they have given, this ad- otherwise. against the Batista dictatorship. He ministration is not providing the men- Unfortunately, it is pretty clear to and Castro shared a cell in Batista’s tal health care they need. all of us now that from enlistment to prison until they were both released. However disturbing these findings retirement, this administration has Shortly after the Castro take over are—and they are horribly disturbing— failed our troops. It is time for us to Mario began to see the true nature of the worst aspect is that there has been take action. I look forward to working the individual that was his former cell report after report after report, year with all of my colleagues on this floor mate. He realized that Castro did not after year after year, detailing the lack to have action and not just words. I care about civil liberties and human of mental health care. don’t want to see report after report, rights or democracy as he once claimed Last year, as I have said on the floor all this year long and a year from now, but rather Castro became what he re- before, the Government Accountability stories that continue. We have a re- mains today—irrational, a devoted Office found similar problems. Last sponsibility, when we send men and communist, and an enemy of freedom, spring, in an unusually candid inter- women overseas to fight for us, that we a brutal dictator. For pointing out the view—almost a year ago now—the VA’s are on this floor fighting for them. danger Castro posed to Cubans, Chanes Under Secretary for Health Policy Co- This Congress, so far, has failed to do de Armas was jailed as a counter-revo- ordination, Dr. Frances Murphy, said that in many ways. This White House lutionary. mental health care services are inad- has done it day after day. I call on all He served for 30 years in deplorable equate and that when services are of my colleagues to step up at every conditions. available, ‘‘waiting lists render that step of the way as we approve bill after Human Rights Watch reports that care virtually inaccessible.’’ bill, supplemental budgets, authoriza- Cuban political prisoners spend months This is the President’s administra- tion bills, to stand up and speak out for in isolation cells, sometimes without tion, his Veterans’ Administration and our troops and no longer ignore the re- light or ventilation. They are often Under Secretary there, who has been ality of this war. provided no beds—no mattresses. Their telling us for almost a year now that Mr. President, I yield the floor and I rations of food and water are barely waiting lists render mental health care suggest the absence of a quorum. enough to sustain life. Sanitation and services virtually inaccessible. What The ACTING PRESIDENT pro tem- medical conditions are so bad that in- has this President’s response been? pore. The clerk will call the roll. mates often leave prison with serious The assistant legislative clerk pro- Total silence. I ask: How does that fall ailments—if they are allowed to leave ceeded to call the roll. on the ears of these soldiers and their at all. Mr. MARTINEZ. Mr. President, I ask families? Chanes de Armas suffered these con- unanimous consent that the order for This administration has known about ditions. For his continued resistance the quorum call be rescinded. these problems for years. But we have The ACTING PRESIDENT pro tem- against the dictatorship, he was put in seen no changes and no improvements. pore. Without objection, it is so or- tapiadas, steel isolation cells, and With minimal amounts of sleep, our dered. gavetas, ‘‘drawers’’ so narrow that he service men and women work longer Mr. MARTINEZ. Mr. President, I ask only had room to stand. And for what? days than you and I can imagine. They unanimous consent to be able to ad- For refusing to change his political be- see things none of us should ever wit- dress the Senate in morning business liefs and for rejecting communism. ness: bodies blown to pieces, mutila- and the time be discounted from the They never broke his spirit in spite of tion, the blood of their fellow soldiers minority’s time. all the punishment. on the streets of a country we have no The ACTING PRESIDENT pro tem- Mr. President, Today I want us to place being. pore. Without objection, it is so or- take a moment to remember Mario All of this is for a war we were misled dered. Chanes de Armas—to honor him, his into supporting. There were no weap- legacy, our continued battle for free- f ons of mass destruction, Saddam Hus- dom and the ideals in which he be- sein was never connected to al-Qaida, HONORING MARIO CHANES DE lieved and tried so hard to bring to and nobody can say we are spreading ARMAS Cuba—liberty, democracy, human democracy to Iraq today. In truth, we Mr. MARTINEZ. Mr. President, I rise rights, rules of law. His dream lives on are fighting a war with no cause. today to pay tribute to a Cuban pa- and his legacy lights the way. These stresses and images from a triot—Mario Chanes de Armas. Mr. President, I yield the floor. pointless conflict take a toll on our When we speak of individuals who The ACTING PRESIDENT pro tem- troops. It takes a toll on their families. have spent their lives fighting for the pore. The Senator from Ohio is recog- They suffer mental stress, which is no fundamental right of people to live in nized. surprise to anybody; it ought to be ex- freedom, we often think of individuals f pected. As Americans across this coun- like Nelson Mandela and Natan TRANSPORTATION SECURITY try—but especially Senators—it is our Sharansky. solemn duty, as those who have not However, today I want to share with OFFICERS seen the horrors of battle, to care for you the story of Mario Chanez de Mr. BROWN. Mr. President, there are those who have. Even more so, as the Armas. He spent 30 years as a prisoner 43,000 men and women working as one who sent Americans to Iraq, it is of conscience in Castro’s gulag. He was transportation security officers, or the duty of the President. the longest serving political prisoner TSOs, for the Transportation Security Providing mental health care for our the world has known—30 years impris- Administration. They deserve our re- children falls under this duty—a duty oned for his political views. spect, not our indifference. that, sadly, this President has failed to Sadly, Mr. Chanes died last week at The McCaskill amendment is fulfill. the age of 80 before his one true dream straightforward. It provides TSOs basic So I came to the floor this morning could be fulfilled—freedom for the peo- rights and protections in the work- to remind my colleagues—my Repub- ple of Cuba. place.

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2652 CONGRESSIONAL RECORD — SENATE March 6, 2007 The DeMint amendment, however, on Introduced Bills and Joint Resolu- would, first of all, ensure that home- strips away those rights and protec- tions.’’) land security grants are allocated on a tions. Proponents have raised specious Mr. BURR. Mr. President, I yield the risk-based formula built on assessment arguments about the consequences of floor. of threat, vulnerability, and con- providing worker protections to people The ACTING PRESIDENT pro tem- sequence to the maximum extent prac- whose job it is to protect us. In fact, pore. The Senator from Florida. ticable. Secondly, it would assure a the opposite is true. f guaranteed minimum funding for The McCaskill amendment helps en- homeland security grants, without RISK-BASED FUNDING sure that a screening system intended turning the program into another to prevent acts of terrorism actually Mr. MARTINEZ. Mr. President, I grant system for redistributing Federal prevents acts of terrorism. If we want wish to speak this morning in favor of funds arbitrarily. The amendment also TSOs to protect our health and safety, Feinstein-Cornyn amendment No. 335 directs the DHS Secretary to consider we should protect theirs. For the sake and highlight how important it is that transient and tourist populations as of screeners and travelers both, TSOs our homeland security grants be risk targets for deciding the disbursal should not be overworked. awarded on the basis of risk. of funding for homeland security For the sake of screeners and trav- As we have debated and discussed on grants. Finally, it sets minimum per- elers both, TSOs should not fear retal- the floor of this Chamber on numerous formance requirements for homeland iation if they report security breaches. occasions, the smartest and most prag- security grants and a 2-year audit For the sake of screeners and trav- matic approach to funding for home- cycle for grant recipients by the DHS elers both, TSOs should have some- land security grants is based on the inspector general. where to turn if they are being har- level of risk faced by communities, not Under this amendment, every State assed or bullied at the workplace or if by some arbitrary formula. would continue to receive some fund- there are health and safety issues in It is a simple approach. Places that ing; it is just that now the cities and the workplace. face more risk and are more attractive States most at risk would receive most Basic rights, basic common sense. targets to terrorist attacks should re- of the funding. This amendment cer- That is what the McCaskill amendment ceive more funding. This was the ap- tainly makes sense to Florida’s new is about. It doesn’t give TSOs the right proach articulated and supported by Governor, Charlie Crist, who believes it to strike. It does not compromise the the 9/11 Commission, and it is one that to be the best option for Florida. I feel public safety. Actually, it promotes the this body should have approved. the same way. I know other Senate col- public safety. As we all know, the way homeland leagues of mine believe Senators FEIN- I urge every Member of this body to security funds are distributed now re- STEIN and CORNYN have put together a allow TSOs the same basic rights and flects a political compromise. It does commonsense amendment that helps privileges and protections as other not reflect a realistic assessment of our the cities and States most at risk. I Federal employees. Vote yes on the Nation’s security needs. Some money will vote in favor of this amendment, McCaskill amendment because you will be based on risk, but all States are and I encourage my colleagues to do care about these workers, and vote yes guaranteed of receiving some funding. the same. because you care about all of us, the It makes very good sense to create a Our Secretary of Homeland Security, people they are protecting. structure whereby first responder funds Michael Chertoff, also thinks it a pru- The ACTING PRESIDENT pro tem- are allocated based on risk of a ter- dent move and said as much during a pore. The Senator from North Carolina rorist attack. In my home State of debate on the homeland security is recognized. Florida, we have ports, tourism, and grants during 2005. Secretary Chertoff f population centers. We have major cit- remarked then: ies, such as Miami, Tampa, and Jack- COLLECTIVE BARGAINING Funding our first responders based on risk sonville, all with stadiums, profes- and need gives us the flexibility to ensure Mr. BURR. Mr. President, I take the sional sports franchises, and busy our finite resources are allocated in a floor today to speak on two subjects downtowns. prioritized and objective manner. and very briefly to address my col- As a former mayor of Orange County, What this means is communities league from Ohio. Mr. President, I wish I recognize the critical need for risk- across this Nation—whether they are to make an important point about why based funding of homeland security large or small; whether or not they these collective bargaining provisions grants. would appear to be high-risk terrorist are, in fact, harmful to the United If you look at the population of Or- targets—are receiving precious re- States of America and to the American lando, it appears to be a moderately sources that are going to local law en- people. It is a pretty simple point. sized city. However, if one considers forcement agencies so they can up- Terrorists don’t have collective bar- the interests of the greater Orlando grade their equipment and other re- gaining agreements. I will say that area with tourist attractions, amuse- sources. We should not be allocating, in again. Terrorists don’t have collective ment parks, and resorts, at any one some formulaic method, the limited bargaining agreements. Terrorists time, there can be millions of Ameri- money set aside for first responders. don’t go on strike. Terrorists don’t call cans and foreign visitors in the Orlando We need to take a more direct ap- their unions to negotiate before they area. proach. attack. They are always plotting and, According to the Orlando County There is a reason terrorists struck because of this, we must be always Visitors Bureau, roughly 45 million New York and Washington on Sep- working vigilantly to protect our visitors come to central Florida each tember 11: They wanted to strike two homeland. year—45 million visitors. There is no of our most powerful cities. They want- Today we are debating how quickly way our current funding system ac- ed to cripple our Government and sabo- we are going to respond to threats from counts for this reality. Across Florida, tage our economy. It is for these rea- terrorists who are eager to strike us, we have significant roadways, rail- sons that cities such as New York and and some in this body are suggesting ways, and some of the busiest ports in Washington should receive homeland that we should give the ability of the the world. We are told all are potential security grants that are commensurate people who are on the front lines to targets, but our current method of with that risk. A spending formula collectively bargain. It is absurd. It is funding does not reflect the needs of does not speak to this basic reality. absolutely absurd. But I assure my col- my State or that of many other States. I support the Feinstein-Cornyn leagues, if this collective bargaining We need to correct this problem. The amendment and ask my colleagues to language stays in, we risk doing ex- American people expect us to correct support this amendment as well. actly that—accepting something ab- this problem. That is why I am sup- As we continue this important de- surd. porting the Feinstein-Cornyn amend- bate, the heart of our efforts should be (The remarks of Mr. BURR pertaining ment. on making America safer, not reward- to the introduction of S. 765 are printed Following the recommendations of ing particular communities or interest in today’s RECORD under ‘‘Statements the 9/11 Commission, this amendment groups. It is disheartening to me that

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2653 so much of the debate thus far has been employee engagement mechanisms for pas- tracts and leases involving the State of about granting additional rights to senger and property screeners. Maryland to be governed by the laws of the unions. Is this going to make us any Dorgan/Conrad amendment No. 313 (to District of Columbia. amendment No. 275), to require a report to safer? Is it worth all the time we are Feinstein amendment No. 335 (to amend- Congress on the hunt for Osama Bin Laden, ment No. 275), to improve the allocation of spending on it? Of course not. Ayman al-Zawahiri, and the leadership of al- grants through the Department of Homeland Rather than debating all aspects of Qaida. Security. union rights associated with our na- Landrieu amendment No. 321 (to amend- Schumer/Clinton amendment No. 336 (to tional security, we should be consid- ment No. 275), to require the Secretary of amendment No. 275), to prohibit the use of ering some other proposals that have Homeland Security to include levees in the the peer review process in determining the been offered, such as increasing pen- list of critical infrastructure sectors. allocation of funds among metropolitan alties for those found to be financially Landrieu amendment No. 296 (to amend- areas applying for grants under the Urban ment No. 275), to permit the cancellation of supporting the families of suicide Area Security Initiative. certain loans under the Robert T. Stafford Schumer/Clinton amendment No. 337 (to bombers or granting additional sub- Disaster Relief and Emergency Assistance amendment No. 275), to provide for the use of poena authority to Federal terrorism Act. funds in any grant under the Homeland Se- investigators so they can find individ- Landrieu amendment No. 295 (to amend- curity Grant Program for personnel costs. uals who wish to do us harm and then ment No. 275), to provide adequate funding Collins amendment No. 342 (to amendment bring them to justice. This debate for local governments harmed by Hurricane No. 275), to provide certain employment should be about strengthening our na- Katrina of 2005 or Hurricane Rita of 2005. rights and an employee engagement mecha- tional security; it should not be about Allard amendment No. 272 (to amendment nism for passenger and property screeners. No. 275), to prevent the fraudulent use of so- Coburn amendment No. 325 (to amendment strengthening unions. This should not cial security account numbers by allowing No. 275), to ensure the fiscal integrity of be about political payback; it should be the sharing of social security data among grants awarded by the Department of Home- about making America safer. Anything agencies of the United States for identity land Security. less would be a disservice to this body theft prevention and immigration enforce- Sessions amendment No. 347 (to amend- and do little to further the safety and ment purposes. ment No. 275), to express the sense of the security of those we are elected to rep- McConnell (for Sessions) amendment No. Congress regarding the funding of Senate ap- resent. 305 (to amendment No. 275), to clarify the proved construction of fencing and vehicle Mr. President, I yield the floor, and I voluntary inherent authority of States to as- barriers along the southwest border of the sist in the enforcement of the immigration suggest the absence of a quorum. United States. laws of the United States and to require the Mr. LEAHY. Mr. President, is there a The ACTING PRESIDENT pro tem- Secretary of Homeland Security to provide pore. The clerk will call the roll. information related to aliens found to have pending amendment? The assistant legislative clerk pro- violated certain immigration laws to the Na- The ACTING PRESIDENT pro tem- ceeded to call the roll. tional Crime Information Center. pore. The pending amendment is Mr. LEAHY. Mr. President, I ask McConnell (for Cornyn) amendment No. 310 amendment No. 347. unanimous consent the order for the (to amendment No. 275), to strengthen the AMENDMENT NO. 333 TO AMENDMENT NO. 275 quorum call be rescinded. Federal Government’s ability to detain dan- Mr. LEAHY. Mr. President, I ask to The ACTING PRESIDENT pro tem- gerous criminal aliens, including murderers, rapists, and child molesters, until they can set that aside and call up amendment pore. Without objection, it is so or- be removed from the United States. No. 333. dered. McConnell (for Cornyn) amendment No. 311 The ACTING PRESIDENT pro tem- f (to amendment No. 275), to provide for immi- pore. Without objection, it is so or- gration injunction reform. dered. The clerk will report. CONCLUSION OF MORNING McConnell (for Cornyn) amendment No. 312 The bill clerk read as follows: BUSINESS (to amendment No. 275), to prohibit the re- The Senator from Vermont [Mr. LEAHY], cruitment of persons to participate in ter- The ACTING PRESIDENT pro tem- for himself, Mr. THOMAS, Mr. STEVENS, Mr. rorism. pore. Morning business is closed. ROBERTS, Mr. PRYOR, Mr. SANDERS, and Mr. McConnell (for Kyl) amendment No. 317 (to ENZI, proposes an amendment numbered 333 f amendment No. 275), to prohibit the reward- to Amendment No. 275. IMPROVING AMERICA’S SECURITY ing of suicide bombings and allow adequate ACT OF 2007 punishments for terrorist murders, Mr. LEAHY. I ask unanimous con- kidnappings, and sexual assaults. sent the reading of the amendment be The ACTING PRESIDENT pro tem- McConnell (for Kyl) amendment No. 318 (to dispensed with. pore. Under the previous order, the amendment No. 275), to protect classified in- The ACTING PRESIDENT pro tem- Senate will resume consideration of S. formation. pore. Without objection, it is so or- 4, which the clerk will report. McConnell (for Kyl) amendment No. 319 (to dered. The bill clerk read as follows: amendment No. 275), to provide for relief from (a)(3)(B) immigration bars from the The amendment is as follows: A bill (S. 4) to make the United States Hmong and other groups who do not pose a (Purpose: To increase the minimum alloca- more secure by implementing unfinished rec- threat to the United States, to designate the tion for States under the State Homeland ommendations of the 9/11 Commission to Taliban as a terrorist organization for immi- Security Grant Program) fight the war on terror more effectively, to gration purposes. improve homeland security, and for other On page 69, lines 19 and 20, strike ‘‘0.45 per- McConnell (for Kyl) amendment No. 320 (to purposes. cent’’ and insert ‘‘0.75 percent’’. amendment No. 275), to improve the Classi- Mr. LEAHY. Mr. President, I can ex- Pending: fied Information Procedures Act. plain this easily. It is a bipartisan Reid amendment No. 275, in the nature of a McConnell (for Grassley) amendment No. substitute. 300 (to amendment No. 275), to clarify the amendment. I offer it on behalf of my- Sununu amendment No. 291 (to amendment revocation of an alien’s visa or other docu- self and Senators THOMAS, STEVENS, No. 275), to ensure that the emergency com- mentation is not subject to judicial review. ROBERTS, PRYOR, SANDERS, ENZI, munications and interoperability commu- McConnell (for Grassley) amendment No. HATCH, and WHITEHOUSE to restore the nications grant program does not exclude 309 (to amendment No. 275), to improve the minimum allocation for States under Internet Protocol-based interoperable solu- prohibitions on money laundering. the State Homeland Security Grant tions. Thune amendment No. 308 (to amendment Program. Right now, in the underlying Salazar/Lieberman modified amendment No. 275), to expand and improve the Pro- No. 290 (to amendment No. 275), to require a liferation Security Initiative while pro- bill, it is proposed at .45 percent. Our quadrennial homeland security review. tecting the national security interests of the amendment would restore it to current DeMint amendment No. 314 (to amendment United States. law which is .75. That means that every No. 275), to strike the provision that revises Cardin amendment No. 326 (to amendment State would have, of the homeland se- the personnel management practices of the No. 275), to provide for a study of modifica- curity money, at least .75 percent of it. Transportation Security Administration. tion of area of jurisdiction of Office of Na- I should point out, incidentally, as Lieberman amendment No. 315 (to amend- tional Capital Region Coordination. with current law, our State minimum, ment No. 275), to provide appeal rights and Cardin amendment No. 327 (to amendment employee engagement mechanisms for pas- No. 275), to reform mutual aid agreements under our amendment, would apply senger and property screeners. for the National Capital Region. only to 40 percent of the overall fund- McCaskill amendment No. 316 (to amend- Cardin modified amendment No. 328 (to ing of this program. This may sound ment No. 315), to provide appeal rights and amendment No. 275), to require Amtrak con- somewhat tricky, but what it means is

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2654 CONGRESSIONAL RECORD — SENATE March 6, 2007 we have special funding for certain for fire, police, and rescue departments this building that was targeted for de- unique areas—ports areas, large cities in small and medium-sized States. At struction by the terrorists. I have no and all—but this applies to only 40 per- the same time we are being told, you problem in giving special funding to cent of the overall funding. The major- have got to prepare to be able to do places that might be seen as being pos- ity of the funds would continue to be this and do that; we have to be able to sible high-profile targets. But I wrote allocated based on risk assessment cri- have a unified response around our Na- the current all-State minimum for- teria—again, the idea of a major port, tion, we are going to have to call on mulas as part of the USA PATRIOT or something like that, as are the you first and foremost; you have got to Act in 2001 to guarantee each State re- funds under the several separate discre- have your radios, your equipment, your ceives at least a fraction of 1 percent, tionary programs which Congress has training. Oh, by the way, find the three-quarters of 1 percent of the na- established for solely urban and high- money somewhere. You are part of a tional allotment to help meet their na- risk areas. These are also governed by national effort, but find the money tional domestic security needs. Some risk assessment calculations. That is somewhere in your small communities States may have many times that, of not something that is going to be af- or States to do it. course. But each State receives some fected by the so-called small State It deals a crippling blow to launch kind of a minimum amount because minimum. federally mandated multiyear plans for every State—rural, urban, small or The underlying bill before the Senate terrorism preparedness. Basically we large—has basic security needs. They would reduce the all-State minimum can say from Washington what you are going to have basic security re- for SHSGP in the Law Enforcement should do in these multiyear plans. We quests from the Federal Government, Terrorism Prevention Program to .45 tell you how to coordinate, how you and they deserve to receive Federal percent. In the other body it is reduced train and plan, and it may be a small funds under this partnership to meet even further, to .25 percent. So we town on the border, the Federal border, both those needs and the new homeland know this is going to be a matter in you could be on a major waterway, but security responsibilities the Federal conference under any circumstances. In find the money somewhere. We want Government demands. As I said before, high-density urban fact, due to the formula differences—it you to do this because the Nation areas have even greater needs, and that is somewhat complicated, but as a re- needs you, we just cannot help you. is why this year alone we provided $1.3 sult, there is no guarantee that the Now, I understand there is a budget billion for homeland security programs minimum would not even be further re- crunch. We need a lot of money to send which Montana cannot apply for, duced during conference negotiations. over to Iraq so the Iraqis can prepare Small- and medium-sized States face for national defense. We need a lot of Vermont cannot apply for. I don’t have a loss of millions of dollars for our first money to send over to Iraq so they can any problems with that. There is only responders if the minimum is lowered. spend it on their police departments. a small number of urban areas that can, and we have a special pot of If you reduce the all-State minimum to We need a lot of money to send over to money for that. .45 percent, the underlying bill would Iraq so they can spend it on their fire Those needs deserve and need to be reduce the guaranteed dollar amount departments. I don’t know, maybe I am met. We are talking about the amount for each State by 40 percent. With the old-fashioned in this regard, but I of money for homeland security which appropriations for the formula grants think maybe we kind of ought to look is a fraction of what we currently are having been cut by 60 percent since at our police departments first, our fire spending in Iraq anyway. At some 2003—it was $2.3 billion in 2003; it is $900 departments first. If I have a burglar in point we have to talk about what our million in fiscal year 2007—if you have the middle of the night, I am not going needs are here inside the homeland. a further reduction in first responder to call the Iraqi police department, I I worked very hard over the years to funding, it is going to hinder, actually, am going to call my local police de- help address the needs of larger States every State’s effort to deal with poten- partment. If we have a fire, I am not and high-density areas. I have done it tial terrorist attacks. That applies to going to call the Iraqi fire department, on the Appropriations Committee, I fiscal year 2007 homeland security and I am going to call my own fire depart- have done it in the Judiciary Com- law enforcement terrorism grants ment. If we have a terrorist attack, if mittee, and I have opposed the admin- which were funded at $525 million and we have a terrorist attack coming istration’s efforts to pit our States $375 million, respectively, for a total of across our border or on one of our against each other as they have tried $900 million. major waterways, I am not going to to mask their efforts, the administra- Under the current all-State min- call the Iraqi fire department or police tion’s efforts, to cut overall funding for imum, the base amounts States receive department, I am going to call our first responders. is $6.75 million. Under the 2007 levels, own. We are going to be the first re- Smaller States especially would each State would face a loss of an esti- sponders. It is not going to do much never be able to fulfill the essential du- mated $2.7 million or 40 percent under good to say, sorry, we do not have the ties they are asked to do by the Fed- this new formula, and this is assuming money for you because we needed it for eral Government on top of their daily we do not go even lower when we go to your counterparts in Iraq. responsibilities without some Federal conference with the other body. For Even if the current .75 percent min- support, such as DHS currently sug- small States—one that comes to mind imum is applied to the President’s gesting that States will have to pay for is Montana. Why that particular one budget request, as my amendment REAL ID implementation, this idea came to mind I don’t know. Maybe does, States would still see a major they have come up with, which is basi- looking at the distinguished Presiding drop. They would be guaranteed a min- cally having a national identification Officer made me think of it. But the imum amount of $1.875 million. That is card. No matter what you call it, it is cuts would be even deeper should the a drop of $4.875 million from the fiscal the first time in our history that we President’s budget requests for next year 2007 guaranteed minimum have a national identification card. year be approved. He requested only amount. But you know that is going to cost the $250 million for these two important Now, I have voted for, I have sup- States, this idea that was cooked up first responder grant programs. ported, antiterrorist efforts for our out of an office here in Washington. It Under the .45 percent minimum pro- large States. We have seen what ter- is going to cost our individual States posed by the underlying bill and the .25 rorism can do in larger States. In Okla- $16 billion. If you cut down the min- percent minimum proposed by the homa, it was, of course, homegrown. In imum even more at the same time you Feinstein-Obama amendment, the Oklahoma City it was an American, are making substantial drops in overall guaranteed amount for each State former member of our armed services first responder funding, then small and would drop to $1.125 million and $625,000 who attacked. But the damage to our medium-sized States are not going to respectively. people was as great as somebody com- be able to meet these Federal man- Again, these are all numbers and per- ing from outside. dates for terrorism prevention, pre- centages you talk about. But what it In New York City, it was from out- paredness, and response. means is it would be a loss of millions side our Nation, the Twin Towers, and Some from urban States argue that of dollars in homeland security funding every one of us who goes to work in Federal money, the Federal money to

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2655 fight terrorism, is being spent in areas ployee works; when a person works, able to train 18,000 transportation secu- that do not need it; it is wasted in where he or she works, and how he or rity officers in new methods to dis- small towns. They claim the formula is she works are all matters which are cover explosives. highly politicized and insist on the re- open to negotiation. Obviously, effi- What would have occurred if a collec- direction of funds to urban areas that ciency and productivity can be dra- tive bargaining agreement had been in they believe face these heightened matically affected—for better or place? Rules governing training are threats of terrorist attacks. worse—by a collective bargaining often found in collective bargaining Well, what the critics of the all-State agreement. agreements—rules that require further minimums seem to forget is that since In my last address on this issue, I negotiation as to the need, method, the September 11 terrorist attacks, the also pointed out that flexibility has and time of training. It is common to Federal Government has asked every been one of the central tenets of our hear in other situations that these ne- State, every State and every local first Nation’s successful antiterrorism re- gotiations require 60 to 180 days before responder, every local first responder, sponse, as was shown so well last Au- training is implemented. Would that be to defend us as never before on the gust when the security services of the a change for the better? I think not. front lines in the war against ter- United Kingdom discovered a well-or- As I mentioned before, during the rorism. ganized conspiracy that reportedly U.K. plot transportation security offi- Emergency responders in one State sought to blow up commercial aircraft cers were retrained in 6 hours, and in have been given the same obligations in flight using liquid explosives dis- fewer than 6 weeks they received new as those in any other State to provide guised as items commonly found in explosive training. Are we to sacrifice enhanced protection, preparedness, and carry-on luggage. this impressive capability for an ad hoc response against terrorists. The at- As that case showed only too well, system that might work after 60 or 180 tacks of 9/11 added to the responsibil- quick and decisive action was required days of negotiation? I would think not. ities and risks of first responders to protect our citizens and commerce Now, that would be a true gift to al- across the country. from a very real threat. That action Qaida. In recent years, due to the .75 all- was taken by our Transportation secu- Additionally, many collective bar- State minimum allocation for formula rity officers, who, within 6 hours of gaining agreements require that an grants, first responders have received learning of the plot, made quick use of employer only judge if a worker has resources to help them meet their new this highly classified information and learned a new technical skill on a responsibilities. They have made their trained and executed new security pro- ‘‘pass or fail’’ basis. Imagine that. neighborhoods safer. They made our tocols designed to mitigate this threat. Would you feel safe traveling in an air- communities better prepared. A lot has What would have been the result if craft knowing that all a security been done. collective bargaining had been in ef- screener had to do was get 1 point I hope my colleagues will support my fect? Very real questions and uncer- above failing to be certified in a tech- amendment to restore the .75 percent tainties can be raised about the impact nical skill or would you feel safer minimum base and give us the kind of that a TSA subject to collective bar- under the current system that rewards support and resources for our police, gaining could have had on the dis- technical skill, readiness for duty, and fire, and EMS services in every State if covery of that plot. Should the Govern- operational performance? I know which we want them to carry out the respon- ment have to bargain in advance over system gets my vote. sibilities. what actions it can or cannot take Then there is the question of the law. I see the distinguished senior Senator when dealing with an emergency situa- Can the Federal Government prevent from Utah, one of our cosponsors on tion? If so, how would we know what to employees, especially those with na- the floor. bargain for? Would there be time to tional security functions, from engag- I yield the floor. conduct this negotiation? I think not. ing in collective bargaining? The law Mr. HATCH. Mr. President, I ask One of the TSA’s great strengths in and decisions reached by our Federal unanimous consent that immediately responding to the U.K. plot was the courts are clear. Under section 111(d) of following my remarks, Senator COBURN fact that a fundamental change in our the Aviation and Transportation Secu- be given an opportunity to make his tactics was accommodated in a short rity Act, the Under Secretary of Trans- comments, and then immediately fol- period of time. Would not the vital ca- portation for Security—which is the lowing him Senator DEMINT be given pability of a uniform response to position now held by the Assistant Sec- his opportunity to speak here on the emerging threats be drastically cur- retary of Homeland Security for the floor. tailed if Transportation security offi- Transportation Security Administra- The PRESIDENT pro tempore. Is cers were permitted to join different tion—has the discretion: there objection? unions at various airports? Think To employ, appoint, discipline, terminate, Without objection, it is so ordered. about that. There would be separate and fix the compensation, terms and condi- Mr. HATCH. I thank the distin- collective bargaining agreements at tions of employment of the Federal service guished President of the Senate. various locations which would force for such a number of individuals as the Mr. HATCH. Mr. President, last week Under Secretary determines to be necessary TSA to implement dissimilar proce- to carry out screening functions. I shared some of my thoughts and con- dures in order to meet the legal re- In 2003, the then-Under Secretary cerns regarding section 803 of S. 4. I am quirements of each agreement. That signed an order that stated: referring to the section that was in- obviously will not work. serted into this important piece of leg- I can see the posters now: ‘‘Defend In light of their critical national security islation during the committee consid- responsibilities, Transportation Security Of- America, but only during the hours and ficers shall not, as a term or condition of eration; this section would permit under the conditions that my union ne- their employment, be entitled to engage in TSA’s Transportation security officers, gotiated.’’ collective bargaining. our Nation’s airport security screeners, What about the relationship that will Unions, of course, challenged this law to engage in collective bargaining—a be created between supervisors and before the Federal Labor Relations Au- change that was not recommended by Transportation security officers? thority and the Federal courts, charg- the 9/11 Commission. Might not collective bargaining create ing that it violated the transportation During those remarks, as a former an atmosphere of us-versus-them? Dur- security officers’ constitutional rights union member, I argued that collective ing a war, is this the attitude that we and Federal law that allow workers to bargaining would adversely affect one wish to foster? Rather, should we not join unions. of the greatest weapons that our Trans- attempt every day to enhance all of The Federal Labor Relations Author- portation security officers employ: the our agency’s capabilities by building a ity upheld the opinion that: flexibility to change tactics quickly. team mentality? There is no basis under law to reach any Why? Because we all know that one What about training? result other than to dismiss the union’s peti- of the central aspects of any collective What about training? One of TSA’s tions. Congress intended to treat security bargaining agreement is a determina- great successes took place in 2005 when screeners differently than other employees tion of the conditions by which an em- the agency, in fewer than 6 weeks, was of the agency.

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2656 CONGRESSIONAL RECORD — SENATE March 6, 2007 On appeal to the Federal courts, the The PRESIDENT pro tempore. With- (5) The feasibility of having 2 or more com- D.C. Circuit Court affirmed the deci- out objection, it is so ordered. peting but interoperable commercial public sion of the district court that the Fed- Mr. LIEBERMAN. Mr. President, I safety communications networks. eral Labor Relations Authority was the have had a conversation with the Sen- (c) SUBMISSION TO CONGRESS.—Not later than 12 months after the date of enactment correct venue for the union’s complaint ator from Oklahoma, and I remove my of this Act, the Secretary shall report to and that the union’s constitutional objection to his request. Congress— claims should be dismissed. AMENDMENT NO. 345 (1) the findings of the study required under As I have said on many occasions, I Mr. COBURN. Mr. President, I ask subsection (a); and support collective bargaining, but I unanimous consent that amendment (2) any recommendations for legislative, will not support collective bargaining No. 345 be called up and the pending administrative, or regulatory change that under these conditions. amendment be set aside. would assist the Federal Government to im- plement a national public safety commu- We are at war. The decisions we The PRESIDENT pro tempore. Is make will mean the difference between nications network that involves commer- there objection? Without objection, it cially based solutions. life and death. I will not risk the lives is so ordered. of Americans so that an important con- SEC. ll. REPEAL. The clerk will report. Section 4 of the Call Home Act of 2006 stituency of the other party—or both The legislative clerk read as follows: (Public Law 109-459; 120 Stat. 3400) is re- parties, for that matter—can receive a The Senator from Oklahoma [Mr. COBURN] pealed. political reward. proposes an amendment numbered 345. SEC. ll. RULE OF APPLICATION. I hope my colleagues will join me in Mr. COBURN. Mr. President, I ask Notwithstanding any other provision of opposing this section and supporting unanimous consent that the reading of this Act, section 1381 of this Act shall have the DeMint amendment that will re- no force or effect. the amendment be dispensed with. move it from that bill. AMENDMENT NO 301 The PRESIDENT pro tempore. With- . Mr. President, I understand the dis- Mr. COBURN. Mr. President, I ask tinguished Senator from Oklahoma out objection, it is so ordered. The amendment is as follows: unanimous consent that the pending wishes to speak next, and I yield the amendment be set aside and amend- (Purpose: To authorize funding for the Emer- floor. ment No. 301 be called up. The PRESIDENT pro tempore. Who gency Communications and Interoper- ability Grants program, to require the Sec- The PRESIDENT pro tempore. Is seeks recognition? retary to examine the possibility of allow- there objection? Without objection, it The Senator from Connecticut is rec- ing commercial entities to develop public is so ordered. ognized. safety communications networks, and for The clerk will report. Mr. LIEBERMAN. Mr. President, I other purposes) The legislative clerk read as follows: rise to express my strong support for At the appropriate place, insert the fol- The Senator from Oklahoma [Mr. COBURN] the section of S. 4, our committee’s lowing: proposes an amendment numbered 301. legislation, which will extend to trans- SEC. ll. TRANSFER OF FUNDS FROM DTV TRAN- Mr. COBURN. Mr. President, I ask portation security officers—so-called SITION AND PUBLIC SAFETY FUND. unanimous consent that the reading of TSOs who screen passengers and bag- (a) IN GENERAL.—Section 3006 of the Deficit the amendment be dispensed with. gage at airports throughout our coun- Reduction Act of 2005 (Public Law 109-171; 120 The PRESIDENT pro tempore. Is Stat. 24) is repealed. try—the same employee rights most there objection? Without objection, it everybody else in TSA and most every- (b) AUTHORITY OF SECRETARY TO MAKE PAY- MENTS FROM FUND.—The Secretary may is so ordered. body else in the Department of Home- make payments of not to exceed The amendment is as follows: land Security already has. $1,000,000,000, in the aggregate, through fiscal AMENDMENT NO. 301 I am going to stop for a moment. I year 2009 from the Digital Television Transi- (Purpose: To prohibit grant recipients under note the presence on the floor of the tion and Public Safety Fund established grant programs administered by the De- Senator from Oklahoma. I believe under section 309(j)(8)(E) of the Communica- partment from expending funds until the there was an order for him to be called tions Act of 1934 (47 U.S.C. 309(j)(8)(E)) to Secretary has reported to Congress that on next. I want to ask him if he intends carry out the emergency communications risk assessments of all programs and ac- to address the motion to table that will operability and interoperable communica- tivities have been performed and com- be made at noon. tions grant program established in section pleted, improper payments have been esti- Mr. COBURN. I do. 1809 of the Homeland Security Act of 2002, as mated, and corrective action plans have Mr. LIEBERMAN. I am going to yield added by section 301(a)(1). been developed and reported as required (c) LIMITATIONS.—Grants awarded under the floor to him, and I hope I can take under the Improper Payments Act of 2002 section 1809 of the Homeland Security Act of (31 U.S.C. 3321 note)) some time back after he is finished. 2002, and funded by sums made available Mr. COBURN. Mr. President, the On page 106, between the matter preceding under this section may not exceed— line 7 and line 7, insert the following: unanimous consent request was for my- (1) $300,000,000 in fiscal year 2007; SEC. 204. COMPLIANCE WITH THE IMPROPER self, followed by Senator DEMINT, and I (2) $350,000,000 in fiscal year 2008; and PAYMENTS INFORMATION ACT OF will be happy to yield if I have remain- (3) $350,000,000 in fiscal year 2009. 2002. ing time. SEC. ll. REPORT TO CONGRESS. (a) DEFINITIONS.—In this section, the I need to do a little housekeeping (a) IN GENERAL.—The Secretary, in co- term— first. I ask unanimous consent that the operation with the Chairman of the Federal (1) ‘‘appropriate committees’’ means— pending amendment be set aside to call Communications Commission, shall study (A) the Committee on Homeland Security up amendment No. 345. the possibility of allowing commercial enti- and Governmental Affairs of the Senate; and The PRESIDENT pro tempore. Is ties to develop national public safety com- (B) the Committee on Oversight and Gov- munications networks that involve commer- there objection? ernment Reform of the House of Representa- cially based solutions. tives; and Mr. LIEBERMAN. I object, Mr. Presi- (b) CONTENT OF STUDY.—The study required (2) ‘‘improper payment’’ has the meaning dent. I don’t know which amendment under subsection (a) shall examine the fol- given that term under section 2(d)(2) of the the Senator wants pending. I need to lowing: Improper Payments Information Act of 2002 have a conversation with the Senator (1) Methods by which the commercial sec- (31 U.S.C. 3321 note). from Oklahoma about which amend- tor can participate in the development of a (b) REQUIREMENT FOR COMPLIANCE CERTIFI- ment this is. national public safety communications net- CATION AND REPORT.—A grant recipient of The PRESIDENT pro tempore. The work. funds received under any grant program ad- Senator from Connecticut objects. (2) The feasibility of developing interoper- ministered by the Department may not ex- Mr. COBURN. Mr. President, I note able shared-spectrum networks to be used by pend such funds, until the Secretary submits the absence of a quorum. both public safety officials and private cus- a report to the appropriate committees The PRESIDENT pro tempore. The tomers. that— (3) The feasibility of licensing public safety (1) contains a certification that the De- clerk will call the roll. spectrum directly to the commercial sector partment has for each program and activity The legislative clerk proceeded to for the creation of an interoperable public of the Department— call the roll. safety communications network. (A) performed and completed a risk assess- Mr. LIEBERMAN. Mr. President, I (4) The amount of spectrum required for an ment to determine programs and activities ask unanimous consent that the order interoperable public safety communications that are at significant risk of making im- for the quorum call be rescinded. network. proper payments; and

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2657 (B) estimated the total number of improper when the bill establishing TSA was set AMENDMENT NO. 352 payments for each program and activity de- up—there is a moving target, and that Mr. MENENDEZ. Mr. President, I ask termined to be at significant risk of making flexibility in work rules, in relation- unanimous consent that the present improper payments; and ships, in movement of people, in tier amendment be set aside and I send an (2) describes the actions to be taken to re- job training, and in multifaceted inter- duce improper payments for the programs amendment to the desk. and activities determined to be at signifi- face of those officers with any situa- The PRESIDENT pro tempore. With- cant risk of making improper payments. tion on the ground has to be able to be out objection, it is so ordered. AMENDMENT NO. 314 done and done on the move, all the The clerk will report. Mr. COBURN. Mr. President, I ask time—not in an emergency because The assistant legislative clerk read unanimous consent that amendment every day has to be thought of as an as follows: No. 301 be set aside and we return to emergency. What we do know is all The Senator from New Jersey [Mr. MENEN- the pending amendment that we had that is what they want to negotiate. DEZ] proposes an amendment numbered 352. prior to my asking that those two That is the last thing we should be ne- Mr. MENENDEZ. I ask unanimous gotiating. amendments be called up. consent that reading of the amendment It comes down to this point, and the The PRESIDENT pro tempore. Is be dispensed with. point is this: Do people who work for there objection? Without objection, it The PRESIDENT pro tempore. With- the Federal Government have rights? is so ordered. out objection, it is so ordered. Absolutely. Should they be treated Mr. COBURN. Mr. President, I wish The amendment is as follows: fairly and have the opportunity to have to spend a little bit of time talking (Purpose: To improve the security of cargo a good wage, a good appeal process, containers destined for the United States) about the process. whistleblower protection? Yes. But is Yesterday, curiously, we had a hear- that right greater than the right of the On page 219, between lines 7 and 8, insert the following: ing on the opportunity for labor rep- American people to have secure and resentation for TSO officers. It is curi- safe air travel? I would put forth for SEC. 804. PLAN FOR 100 PERCENT SCANNING OF ous in that we had the hearing after CARGO CONTAINERS. this body that it is not, that the bet- (a) IN GENERAL.—Not later than 180 days the bill was on the floor because we terment of the whole and the protec- didn’t have the hearing before to know after the date of the enactment of this Act, tion of the whole far outweighs any in- the Secretary shall develop an initial plan to what we were talking about before we dividual right within TSA to collec- scan 100 percent of the cargo containers des- formulated the bill. That is because we tively bargain on the very things that tined for the United States before such con- wanted to rush this bill, and rather are going to keep the flying American tainers arrive in the United States. than do it right, we did the process people safe. (b) PLAN CONTENTS.—The plan developed backward. What we do know is there are only under this section shall include— But I think it is very instructive for (1) specific annual benchmarks for— 1,300 members out of 42,000 screeners (A) the percentage of cargo containers des- us to hear what the testimony was yes- now. They can all join a union, and terday. Kip Hawley is the Adminis- tined for the United States that are scanned they can have that representation in at a foreign port; and trator of TSA. Some very important terms of their interface with manage- (B) the percentage of cargo containers things were brought out in that hear- ment. What we also know is that the originating in the United States and des- ing that most Americans probably people who really want this oppor- tined for a foreign port that are scanned in don’t think of often. Let me quote tunity are not the transportation secu- a port in the United States before leaving some of the things he said: rity officers. Who wants this oppor- the United States; The job of the Transportation Security Of- tunity is the union and the politics of (2) annual increases in the benchmarks de- ficer is one in which you don’t know whether scribed in paragraph (1) until 100 percent of payback. the cargo containers destined for the United you have an emergency until it is over, and So this isn’t really about responding. in the aviation business, that is too late. States are scanned before arriving in the As a matter of fact, all of the claims United States; There are a bedeviling array of dots out that have been made, we fleshed all there and we have the responsibility to make (3) the use of existing programs, including sure that not one of them is allowed to those out yesterday in the hearing. As the Container Security Initiative established progress and become an attack on the United to severance rates, as to work injury, by section 205 of the Security and Account- States. So we constantly try to move and ad- as to movement, as to wage rates, as to ability For Every Port Act of 2006 (6 U.S.C. just and change and you cannot be sure until bonus, as to productivity—all that was 945) and the Customs–Trade Partnership it is too late that you have had an emer- fleshed out. It should have been fleshed Against Terrorism established by subtitle B gency. You do not get an advanced warning. out before this bill ever came to the of title II of such Act (6 U.S.C. 961 et seq.), to reach the benchmarks described in para- In response to Senator AKAKA regard- floor but, unfortunately, it wasn’t. All graph (1); and ing TSA’s collaboration with employ- that was fleshed out yesterday, and (4) the use of scanning equipment, per- ees on the decision to double the what came down is we have a very re- sonnel, and technology to reach the goal of amount of bonus money that would be sponsive agency that in the vast major- 100 percent scanning of cargo containers. made available under their bonus per- ity of the cases is doing a great job Mr. MENENDEZ. I yield the floor. with their employees. We have great formance plan, the question by Senator AMENDMENT NO. 314 transportation security officers who AKAKA was: Mr. DEMINT. Mr. President, I ask are being remunerated properly and Did you invite any union representatives unanimous consent that the following don’t want to pay $360 a year for some- to the initial development efforts? Senators be added as cosponsors of the thing that wants to negotiate the very In response to his question, he said: DeMint amendment: Senators VITTER, thing that will take away the safety of No, sir. Our employees didn’t have to pay CRAIG, ROBERTS, BUNNING, ENZI, HATCH, union dues to get that service. our air transport system. With that, I yield to the Senator and GRAHAM. One of the other key points Sec- from South Carolina. The PRESIDENT pro tempore. Is retary Hawley made is his concerns The PRESIDENT pro tempore. The there objection? about his ability to move and sustain Senator from South Carolina is recog- Without objection, it is so ordered. their strategy and flexibility. nized. Mr. DEMINT. Mr. President, I want Also coming out of that was the note Mr. MENENDEZ. Mr. President, I ask to speak about the DeMint amendment that the union which would represent the Senator from South Carolina to and make sure all of my colleagues are security officers won’t be negotiating yield briefly so I can offer an amend- clear on what is about to happen. for pay. Well, what will they be negoti- ment and then return to the regular The majority leader has said at 12 ating for? They will be negotiating order. o’clock today he will make a motion to over everything else other than pay. Mr. DEMINT. Mr. President, if he is table or to kill the DeMint amendment Why is it important? Everything else is offering the amendment without an at- to the 9/11 bill. It would be a large mis- what matters. tached speech, I am fine with that. The take for this body to kill this amend- What matters is—and specifically the majority leader limited our time and ment, because it enables our airport se- reason this was not allowed when the 9/ he will take the floor at 12. I will yield curity personnel to keep Americans 11 Commission Report was written and for the offering of an amendment. safer.

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2658 CONGRESSIONAL RECORD — SENATE March 6, 2007 One of the biggest threats we have There being no objection, the mate- ical aviation security mission. Removing now as a nation is we are beginning to rial was ordered to be printed in the this flexibility from TSA was not rec- forget 9/11 and what happened and what RECORD, as follows: ommended by the 9/11 Commission and it could happen. We are forgetting we are would weaken our homeland security. If the U.S. DEPARTMENT OF HOMELAND SE- final bill contains such a provision, forcing under a constant threat, that we live CURITY, OFFICE OF THE ASSISTANT you to veto it, we pledge to sustain your under alerts every day. It is not a mat- SECRETARY, veto. ter of saying one day is an emergency Arlington, VA. Sincerely, Hon. JIM DEMINT, and one day is not. It is not a matter (SIGNED BY 36 SENATORS). of saying one passenger is an imminent U.S. Senate, Washington, DC. CONGRESS OF THE UNITED STATES, threat but the other one might not be. DEAR SENATOR DEMINT: In the aftermath Washington, DC, March 5, 2006. Our transportation security agency of 9/11 when the Transportation Security Ad- President GEORGE W. BUSH, is charged with making sure we screen ministration (TSA) was created, Congress Washington, DC. every passenger, every bag, and that gave the TSA extraordinarily flexible human DEAR PRESIDENT BUSH: One of the provi- resource tools. Congress recognized—and the we have an alert system based on intel- sions in S. 4 will severely complicate efforts 9/11 Commission reinforced—that the ter- ligence and other information that al- to keep the traveling public safe and secure. rorist threat is adaptive and that in the post- lows them to move toward possible We believe that providing a select group of 9/11 era, our security systems must be fast threats. federal airport security employees with man- and flexible. dated collective bargaining rights could Unfortunately, we have heard Mem- The Senate is now considering legislation needlessly put the security of our Nation at bers of this Senate saying the war on to replace these effective human resources risk. Moreover, nowhere in the 9/11 Commis- terror is not an emergency, that al- tools with collective bargaining. Its effect sion Report did the Commission recommend Qaida is not a new imminent threat, would have serious security consequences for that Transportation Security Administra- the traveling public. when we know that every day al-Qaida tion (TSA) employees be allowed to collec- may have a new plan to attack Ameri- In the post-9/11 environment, TSA’s mis- sion requires that its Transportation Secu- tively bargain. We need an airport security cans at different points. workforce that is productive, flexible, and When the Homeland Security agency rity Officers (TSOs) be proactive and con- stantly adaptive, able to quickly change accountable. TSA employees at our Nation’s airports was formed, we had a debate about what they do and where they do it. After the currently enjoy the ability to unionize and whether the transportation security liquid explosives incident in the United are afforded a fair and balanced working en- agencies, the officers working for Kingdom, TSOs reported for work on August vironment. them, the screeners, should have col- 10 and, without prior notice, trained for and If a bill is sent to you with such a provi- lective bargaining. It was agreed at the implemented the most extensive security sion, forcing you to veto the bill, we pledge changes rolled out since 9/11—and they did it time, because of the need for flexibility to sustain your veto. in real time, literally live and on television. and constant change, that screeners Sincerely, would have the freedom to join a Implementing an outdated system that brings bargaining, barriers, and bureaucracy (SIGNED BY 155 MEMBERS OF CONGRESS). union, and a number of workers’ rights to an agency on whom travelers depend for Mr. DEMINT. Mr. President, a vote to and protections were put into place, their security does not improve security. A kill the DeMint amendment is a vote but that they would not have collective system that establishes outside arbitrators to kill the 9/11 bill we have all worked bargaining arrangements as some of to review TSA’s constant changes after the on. Let there be no question about it, our other agencies do. fact—without the benefit of classified infor- the vote should be no. There is no rea- I point out we have heard some in mation that might explain the rationale— would be ineffective, unwieldy, and detract son to change the operation of the this Chamber use border security as an transportation security agency and to example of collective bargaining work- from the required focus on security. Today, TSA is able to make necessary personnel inject third party negotiations, par- ing. What I hold in my hands is only changes to ensure topnotch performance; ticularly when it involves sensitive in- one example of a collective bargaining under collective bargaining, ineffective TSOs formation. agreement for our Customs Service. could be screening passengers for months So let us be clear that the motion to We cannot make a case that our bor- while the process runs its course. table my amendment is a motion to der security has worked well. We have The TSO position itself has been improved make our airports less secure. I urge recently. Training has been more profes- over 12 million illegals in this country my colleagues to vote no on the motion that testify it is not. Our customs sys- sional so TSOs can exercise independent judgment in their work. TSOs are account- to table. tem is becoming well known as being Mr. President, I see our minority one of the slowest in the world. Collec- able for their performance—with significant pay raises and bonuses available ($52 million leader is here. I will yield to him for tive bargaining will not work for our just awarded for 2006), and a clearly defined comments at this time. airports. I am afraid, again, we are be- path to promotions and career development. The PRESIDENT pro tempore. The ginning to forget we are in an emer- TSA depends on the capabilities granted by minority leader is recognized. gency situation. The 9/11 Commission Congress to mitigate the real and ongoing terrorist threat. Dismantling those tools and Mr. COBURN. Will the leader yield didn’t recommend we change current for a parliamentary procedure? airport security. replacing them with a cumbersome, ineffec- Mr. MCCONNELL. Yes. The Senator My amendment is designed to keep tive system would have a troubling, negative from Oklahoma wants to modify an current law the same. The majority effect on security. I urge you oppose provi- sions that remove from TSA’s arsenal the re- amendment, I believe. leader will ask this Chamber to kill sources and tools that so significantly con- AMENDMENT NO. 294 that bill, which would mean we would tribute to our ability to fulfill the security lose the 9/11 security bill we have all mission. Mr. COBURN. Mr. President, earlier worked on. Sincerely yours, we called up an amendment that was I ask unanimous consent that several KIP HAWLEY. pending. I ask unanimous consent that items be printed in the RECORD. First the pending amendment be set aside for is a letter from the Assistant Secretary U.S. SENATE, the moment while we call up amend- of Homeland Security, Kip Hawley, Washington, DC. ment No. 294. Hon. GEORGE W. BUSH, who tells us if collective bargaining is The PRESIDENT pro tempore. With- President of the United States, out objection, it is so ordered. implemented with the transportation Washington, DC. security agency, it will significantly DEAR MR. PRESIDENT: We are concerned The clerk will report. reduce their ability to keep our coun- that one of the provisions in S. 4, the 9/11 The assistant legislative clerk read try safe. Next is a letter with over 36 Commission Rccommendations bill, will un- as follows: Senators signing it, saying they will dermine efforts to keep our country secure. The Senator from Oklahoma [Mr. COBURN] sustain the President’s veto of the 9/11 Like you, we believe we need an airport secu- proposes an amendment numbered 294. bill if it hampers our security by in- rity workforce that is productive, flexible, Mr. COBURN. Mr. President, I ask motivated, and can be held accountable. S. 4 jecting collective bargaining into the would introduce collective bargaining for unanimous consent that reading of the process. Next is a letter from the House Transportation Security Administration amendment be dispensed with, and I of Representatives, with 155 signatures, (TSA) workers, which would reverse the ask that we return to the pending saying they will sustain the veto. flexibility given to TSA to perfonn its crit- amendment.

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Mr. President, the fect on and after Dcember 31, 2012, to en- would somehow jeopardize national se- men and women who serve as transpor- sure congressional review and oversight of curity. tation security officers, TSOs, are on the Act) I would also like to point out that the front lines of our effort to keep After title XV, add the following: last fall, the United Nations Inter- America safe. They do backbreaking, TITLE XVI—TERMINATION OF FORCE AND national Labor Organization opined difficult work, day and night, to pre- EFFECT OF THE ACT that TSOs should have the right to or- serve our national security. Yet for SEC. 1601. TERMINATION OF FORCE AND EFFECT ganize. This is a disgrace, that we are years they have been treated as second- OF THE ACT. allowing fear to override rationality in class citizens. The provisions of this Act (including the supporting our need for a well-trained, These officers do not have the same amendments made by this Act) shall cease to well-compensated workforce that can rights and protections enjoyed by most have any force or effect on and after Decem- more ably make suggestions about how Federal employees, including other em- ber 31, 2012. to improve security in our Nation’s air- ployees at the Department of Home- AMENDMENT NO. 314 ports. land Security. They don’t have a voice Mr. HARKIN. Mr. President, one One of the most critical protections at work. They don’t have protections if thing I have learned in my years in that the DeMint amendment would they speak out about safety conditions public service is that if you want an- strip is protection from retaliation or security issues. And they have no against whistleblowers. Whistleblowers swers to the big problems in our soci- right to appeal if they are subject to are some of our most valuable assets in ety, you have to ask the people who discrimination or unfair treatment. work with those problems every day. identifying and eliminating systemic Because they lack these basic protec- When there is a meth crisis in my fraud. I, for one, want to see a vigilant tions, TSOs often labor in disgracefully State, the first people I want to talk to Federal workforce ready to shed as poor working conditions. In 2006, they about it are the police chiefs and sher- much sunlight as possible on any prac- had the highest rate of injury among tices at any agency that are in con- iffs because they are the ones that have all DHS agencies—more than twice tradiction to our goal of promoting the to think every day about how a meth that of any other security agency. In- national defense. I don’t see a need to distributor might think, where they adequate staffing means TSOs are explicitly limit TSO whistleblower au- hide, and how they operate. When I often forced to work mandatory, un- thority when the Administrator al- want to know how education policy is scheduled overtime, leaving them ex- ready has the ability to expressly pre- affecting children in the classrooms, I hausted and creating unsafe condi- vent TSOs from divulging information talk to teachers and parents. tions. They can be fired for speaking that jeopardizes national security. So it only stands to reason that if we out about unfair treatment, unsafe Most notably, FBI whistleblower want to know where the holes in our working conditions, or national secu- Coleen Rowley’s invaluable informa- TSA screening processes are, then we rity issues, and they have no effective ought to be talking to the transpor- tion about failures in our intelligence system led to a reworking of the agen- way to appeal such unfair treatment. tation security officers, or TSOs. These As a result, TSOs have the lowest cy in a way that can hopefully help the are the people who are responsible for morale and highest rate of turnover flow of information that could prevent screening airline passengers. A good among Federal agencies. In 2006, the another September 11-type attack. One way for the screeners to band together attrition rate for TSOs was 16 per- and share their collective thoughts on whistleblower can change the world. Stifling that activity can and will do cent—more than 3 times that of any how to improve safety in our airports other security agency, and more than 6 is by allowing them to collectively bar- more harm than good. Here is the irony—administration of- times the national average for the Fed- gain. I realize that some members of ficials threatening out of one side of eral government. They have a higher this body have antiunion sentiments. their mouths to halt legislation con- attrition rate than even high turnover They think that if folks come together taining important homeland security private sector employers. The chances and try to negotiate for better pay and improvements over an irrational dis- are good that the person preparing working conditions that we won’t be position against unions, while out of your coffee at the airport has more ex- able to expect consistently high re- the other side of their mouths calling perience than the screener who sults. supporters of the right to organize en- checked your bags for bombs. Let me remind my colleagues that emies of security. I ask this: Is it so These sky-high attrition rates are before we created a Department of important to strip away TSO collective alarming. The lack of experienced se- Homeland Security, we routinely heard bargaining rights that we must sac- curity screeners threatens our national horror stories about the non-Federal rifice all of the other important com- security. Constant turnover reduces in- airport screeners making near min- ponents of this legislation? The truth stitutional knowledge and undermines imum wage pay and working in terrible is that we all want more security. This the agency’s ability to implement ef- conditions resulting in high turnover is precisely why we want TSOs to have fective security procedures. It also has and a lack of experience and dedication fair pay and benefits and a channel for a high financial price—the cost of to our shared goal of keeping our air- their concerns for everyone’s safety. training new employees has risen so ways safe. We need seasoned personnel with rea- high that TSA has had to request an So we created a Federal workforce. sonable work hours and benefits. A additional $10 million in funds from We knew that the pay and benefits that good way to keep good people on the Congress for this year to address these the Federal Government provides can job is by giving them a voice at work. turnover concerns. attract top notch workers. I strongly What we are fighting for is a security Low morale and high turnover at a feel that Federal TSOs are the first enhancement, not a detraction. front-line security agency is a recipe people to care about safety in our air- The truth is that there is nothing in for disaster. We have to solve the prob- ports. the collective bargaining process that lem. Our Nation, and these hard-work- I would remind my colleagues that would make TSOs less capable of serv- ing federal employees, deserve better. many Federal workers who are critical ing the public. We have nothing to lose TSOs have earned the right to be to our Nation’s security, such as Cap- and everything to gain by giving them treated with respect. They deserve the itol Police, Border Patrol agents, Cus- collective bargaining rights and the same fundamental workplace rights as toms agents, and immigration enforce- clear ability to communicate their other Federal security employees, in- ment officers are all allowed to collec- concerns about screening protocols cluding whistleblower protections, ap- tively bargain while ably serving our with the TSA. peal rights, and collective bargaining Nation’s security interests. We are I ask my colleagues to defeat the rights. The issue is one of basic respect simply saying that TSOs should have DeMint amendment—to support our for this valuable workforce.

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2660 CONGRESSIONAL RECORD — SENATE March 6, 2007 I have heard some deeply disturbing bargaining would be a threat to na- agement. As such, I urge my colleagues rhetoric from my Republican col- tional security, TSA Administrator to ensure that TSOs, who work to pro- leagues about the effect of restoring Kip Hawley said that the San Fran- vide safe air transportation for all these collective bargaining rights. It cisco International Airport, which uses Americans, receive basic worker rights has been suggested that if these rights private sector screeners who engage in and protections. are restored, workers will try to hide collective bargaining, is safe. In addi- I have a letter from the Federal Law behind their contracts and not respond tion, Mr. Hawley cited the London Enforcement Officers Association in an emergency. It has been suggested bombing plot and how TSA needed the which opposes the premise that collec- that collective bargaining rights keep flexibility to move TSOs to respond to tive bargaining could adversely affect security workers from performing their that situation. When asked, he also ad- national security. I ask unanimous jobs effectively. mitted that the airports in the United consent that the letter be printed in These suggestions are an insult to Kingdom, which have screeners who en- the RECORD. every man and woman in uniform who gage in collective bargaining, are also There being no objection, the mate- works under a collective bargaining safe. rial was ordered to be printed in the agreement across this country. To sug- I, along with every other American, RECORD, as follows: gest that union workers will not do want TSA to have the flexibility to FEDERAL LAW ENFORCEMENT what is best for our country in the move staff and resources as necessary OFFICERS ASSOCIATION, event of an emergency is scandalous, to keep air travel safe. However, I do Lewisberry, PA, March 2, 2007. particularly in light of recent history. not believe that this flexibility pre- Hon. DANIEL AKAKA, Chairman, Every New York City firefighter, cludes workers from having basic Subcommittee on Oversight of Government Man- EMT and police officer who responded rights and protections. In 2002, when agement, the Federal Workforce and the Congress created the Department of District of Columbia, U.S. Senate, Wash- to the disaster at the World Trade Cen- ington, DC. ter on 9/11 was a union member under a Homeland Security, we debated this DEAR CHAIRMAN AKAKA: As the President of collective bargaining agreement. No very issue. The President argued that the Federal Law Enforcement Officers Asso- one questions these employees’ loyalty he needed flexibility in the areas of ciation (FLEOA), representing over 25,000 or devotion to duty because they are pay, classification, labor relations, and Federal law enforcement officers, I am writ- union members. appeals in order to prevent and respond ing to you regarding a potential threat of a On 9/11, Department of Defense em- to terrorist attacks. While the Home- veto of vital law enforcement legislation ployees were required to report to land Security Act gave the President (H.R. 1 and S. 4) that Congress is about to that flexibility, it also explicitly pro- pass, because of the provision giving TSA wherever they were told, regardless of employees collective bargaining rights. their usual work assignments. No Fed- vided for full whistleblower protec- We have sat back in silence and watched eral union tried to hold up this process tions, collective bargaining, and a fair the on-going debate over collective bar- in any way to bargain or seek arbitra- appeals process. I fail to see why TSA gaining rights for TSA employees, since this tion. Not a single grievance was filed employees should be denied these same does not directly impact our members. How- to challenge the assignments after the protections. ever, now that this issue has the potential to fact. Since 2001, TSA has faced high attri- stop implementation of the final 9/11 Com- Other Federal security employees al- tion rates, high numbers of workers mission Recommendation Bill, we deem it compensation claims, and low em- appropriate to weigh in. ready have the protections that the bill The absurd premise put out by both DHS would provide, including Border Patrol ployee morale which, in my opinion, and TSA that being a union member pre- agents, Capitol police officers, Customs are a direct result of a lack of em- cludes someone from serving our country in and Border inspection officers, and ployee rights and protections. Without a national security capacity is unacceptable. Federal Protective Service officers. collective bargaining, employees have There are currently hundreds of thousands of Many of these officers—particularly no voice in their working conditions, law enforcement officers on a Federal, State customs and border inspection officers which could drastically reduce attri- and local level who are all members of a who work at airports, seaports, and tion rates. Moreover, without a fair union and have collective bargaining rights. process to bring whistleblower com- This has never impacted their ability to border crossings—perform fundamen- react to terrorist threats, respond to ter- tally similar tasks to TSOs and have plaints, employees are constrained in rorist incidents or impaired their ability to been performing them effectively with coming forward to disclose vulnerabili- fulfill their critical mission of homeland se- collective bargaining rights for years. ties to national security. At our hear- curity. This was quite evident on September It is an insult to each of these men and ing yesterday, Mr. Hawley said that he 11, 2001. women to suggest that they will not be knew of only one TSO whistleblower FLEOA supports and agrees with the re- capable of fully performing their im- case that was investigated by the Of- cent statement of AFGE President John fice of Special Counsel, OSC, in the Gage, when he stated, ‘‘The notion that portant duties if they are given a voice granting bargaining rights to TSOs would re- at work. past 2 years. For non-TSOs, the number sult in a less flexible workforce is just plain Collective bargaining is the best way of whistleblower cases is 12. However, nonsense, and is also an insult to the hun- to bring dignity, consistency, and fair- OSC informs me that it has received dreds of thousands of dedicated public safety ness to the workplace. It will make our 124 whistleblower complaints since OSC officers with collective bargaining rights TSO workforce safer and more stable, began investigating TSO whistleblower from Border Patrol Agents to firefighters to and enhance our security. Restoring cases. This demonstrates to me that Capitol Hill Police.’’ these essential rights is long overdue, even without full rights and protec- Senator Akaka, thank you for your sup- and I urge my colleagues to oppose the tions, employees are trying to come port in this matter and your continued sup- port for the entire Federal workforce. You DeMint amendment that would remove forward and disclose wrongdoing and truly are a friend to all of us in Federal law these valuable protections from the threats to public health and safety. enforcement and we appreciate all of your ef- bill. However, a lack of protections may forts on our behalf. Mr. AKAKA. Mr. President, I rise keep others from coming forward when Sincerely, today to speak in opposition to the only one TSO has seen a positive reso- ART GORDON, amendment offered by Senator DEMINT lution to their case. National President. that would continue to deny basic em- Granted, TSA has made improve- The PRESIDENT pro tempore. The ployee rights and protections to trans- ments in managing the screening work- minority leader is recognized. portation security officers, TSOs, at force, but we must build upon these ef- Mr. MCCONNELL. Mr. President, the the Transportation Security Adminis- forts and give employees a real place at vote we are about to have should give tration, TSA. the table. Protecting employees from all Members of the Senate a sense of Yesterday, I chaired a hearing of the retaliatory action complements efforts deja vu; we have been here before. We Senate Oversight of Government Man- to secure our nation. Strong employee are about to vote on an amendment agement Subcommittee to review rights and protections ensures that we that is reminiscent of a rather signifi- TSA’s personnel system. Very quickly, have a screener workforce focused on cant debate we had in the fall of 2002 in the discussion turned to collective bar- their mission and not preoccupied by connection with the creation of the De- gaining. Despite claims that collective fear of retaliatory treatment by man- partment of Homeland Security. The

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2661 issue at that time, as is the issue this We are not going to let big labor Specter Tester Whitehouse morning, is the question of whether we compromise national security. The Stabenow Webb Wyden are going to have collective bargaining President has said he will veto a 9/11 NAYS—46 for the transportation security agency. bill if it includes collective bargaining. Alexander DeMint McConnell The public spoke rather loudly in the We have the votes to sustain that veto. Allard Domenici Murkowski fall of 2002 in the form of Senate elec- The House has just announced it has Bennett Ensign Roberts Bond Graham Sessions tions that year. They thought collec- the votes to sustain a Presidential Brownback Grassley Shelby tive bargaining for transportation se- veto. Bunning Gregg Smith curity workers was not a good idea. This bill will not become law with Burr Hagel Snowe Chambliss Hatch Stevens The public was correct then, and I this dangerous provision in it. The only Coburn Hutchison Sununu think that is the public view today. In Cochran Inhofe question now is why we are being kept Thomas Coleman Isakson the ongoing debate over Iraq, it is easy from passing a 9/11 bill that focuses on Thune to forget the success we have had in Collins Kyl security alone. The President made it Corker Lott Vitter fighting terrorism, and chief among clear he will veto the bill if it includes Cornyn Lugar Voinovich that is the fact that America has not a provision that compromises security. Craig Martinez Warner Crapo McCain seen a terrorist attack at home in 51⁄2 The American people have already years since 9/11. There is one reason, made clear where they stand on collec- NOT VOTING—3 and that is the heroic work of our sol- tive bargaining. Dole Enzi Johnson diers in Afghanistan and Iraq and the Remember, as I stated, we have been The motion was agreed to. tireless efforts of our homeland defend- down this road before. We had a huge Mr. LIEBERMAN. Mr. President, I ers in detecting, preventing, discour- debate in Congress over collective bar- move to reconsider the vote. aging, and disrupting those attacks in gaining when we created the Depart- Mr. LEAHY. I move to lay that mo- our country. Yet, today, these two pil- ment of Homeland Security. Americans tion on the table. lars of our post-9/11 security are being didn’t like the idea of labor slowdowns The motion to lay on the table was put at risk by those who have the au- among security personnel in 2002. They agreed to. dacity to put union work rules above said so at the polls in November of 2002. The PRESIDING OFFICER (Mr. the national security. The answer, I am afraid, is clear: This CASEY). The Senator from New Jersey. It is no secret that big labor expects new attempt to insert this into the 9/11 AMENDMENT NO. 352 something in return for last Novem- bill is a show that was meant to ap- Mr. MENENDEZ. Mr. President, just ber’s elections. But America’s security pease a voting bloc. We know how this a little while earlier, I offered an should not be on the table. It is ironic charade is going to end. Republicans amendment that deals with trying to that Democrats who campaigned on won’t let security be used as a bar- move us forward in a middle ground on the pledge that they would implement gaining chip. We are not going to let it the question of cargo screening. all of the recommendations of the 9/11 happen. Commission are now forcing us to con- Last week, this body voted down an It is too bad Americans will have to amendment that I offered with Senator sider something that wasn’t in the re- wait even longer for this bill to be port at all. This measure was not in SCHUMER that would have set some signed into law because of the efforts strong, clear deadlines to achieve 100 the report and they are blocking us to satisfy organized labor. from considering something that was percent scanning of cargo coming into Mr. President, I yield the floor. our Nation’s ports. While I wish we in the report. I am talking about the The PRESIDENT pro tempore. The proposal to give all 43,000 airport could have persuaded more of our col- majority leader is recognized. leagues to support this framework for screeners the ability to collectively Mr. REID. Mr. President, I move to bargain. Not only was this proposal not expanding scanning of our cargo con- table amendment No. 314, and I ask for tainers, I understand a number of our in the 9/11 report, it would end up un- the yeas and nays. dermining the commission’s rec- colleagues have serious concerns about The PRESIDENT pro tempore. Is the consequences of setting a strict ommendation. there a sufficient second? A key recommendation of the 9/11 timeline to achieve 100 percent scan- There is a sufficient second. Commission said: ning. I hope this body will take a step The clerk will call the roll. forward toward achieving that goal The United States should combine ter- The assistant legislative clerk called rorist travel intelligence, operations, and rather than take no action at all. law enforcement in a strategy to intercept the roll. With that in mind, the amendment I terrorists, find terrorist travel facilitators, Mr. DURBIN. I announce that the have offered I hope will find a middle and constrain terrorist mobility. Senator from South Dakota (Mr. JOHN- ground. This amendment would ensure That is in the 9/11 report. We saw this SON) is necessarily absent. that we are indeed on the road to 100 during the U.K. bombing threat in Au- Mr. LOTT. The following Senators percent scanning of cargo, but it would gust. TSA workers who showed up for are necessarily absent: the Senator not do so within the confines of any work at 4 a.m. that morning in the from North Carolina (Mrs. DOLE) and strict deadline. Instead, it builds upon United States were briefed on the plot the Senator from Wyoming (Mr. ENZI). the framework of the SAFE Port Act and trained immediately in the new Further, if present and voting, the to call for a plan to meet the goal of protocol. Within 12 hours, we had Senator from North Carolina (Mrs. 100 percent scanning. The SAFE Port taken classified intelligence and adapt- DOLE) would have voted ‘‘nay.’’ Act already requires the Department of ed to it. There was no noticeable im- The result was announced—yeas 51, Homeland Security to report on the pact on U.S. flights. nays 46, as follows: lessons learned from the pilot program It was a different situation over in [Rollcall Vote No. 60 Leg.] currently underway at six ports. This Great Britain, where unionization is YEAS—51 amendment would simply expand that the norm. Dozens of flights had to be Akaka Durbin Menendez reporting requirement by calling on canceled as they worked out an under- Baucus Feingold Mikulski the Department to submit a plan for standing on how they would respond to Bayh Feinstein Murray achieving 100 percent scanning of cargo the new threat, travelers were delayed, Biden Harkin Nelson (FL) before it reaches U.S. ports. Bingaman Inouye and backups ensued literally for days. Nelson (NE) I think all of us agree that we want Boxer Kennedy Obama We saw the importance of mobility ear- Brown Kerry Pryor to obtain the goal of 100 percent scan- lier that year when TSA acquired new Byrd Klobuchar Reed ning of cargo containers. We may dis- Cantwell Kohl Reid technologies for bomb detection. It Cardin Landrieu agree on how to implement that goal Rockefeller trained nearly 40,000 airport screeners Carper Lautenberg or what timeline we should set, but at Salazar in the new methods in less than 3 Casey Leahy the end of the day I think we all know Sanders weeks. The TSA says that under collec- Clinton Levin that 100 percent scanning is the ideal Conrad Lieberman Schumer tive bargaining the same training Dodd Lincoln that we should strive for. That is es- would take 2 to 6 months. Dorgan McCaskill sentially what this amendment is

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Res. 15) eryone who walks into the White House ommendations. The recommendations authorizing the Rotunda of the Capitol to be is a high threat. Yet we screen 100 per- are wide ranging in scope, and there is used on March 29, 2007, for a ceremony to cent of people. We need to apply the no way we can expect each rec- award the Congressional Gold Medal to the same understanding to other aspects of ommendation to carry out each detail Tuskegee Airmen. our security. We must recognize that of what that recommendation should There being no objection, the Senate the terrorists will come to understand entail and the action that should be proceeded to consider the concurrent what we consider as high-risk cargo. As carried out. resolution. we say we are looking at high-risk In discussing cargo security, the Mr. LIEBERMAN. I ask unanimous cargo and we do 100 percent of that, Commission lumped it together with consent that the concurrent resolution that still leaves 95 percent of all the aviation and transportation security. be agreed to, the motion to reconsider cargo unscanned. Eventually, the ter- Given the nature of the attacks, we un- be laid on the table, and that any rorists will adapt and they will deter- derstand the obvious focus on aviation statements be printed in the RECORD mine that they should go and try to security. However, the Commission with no intervening action. place their device in that which is not also noted the vulnerabilities in cargo The PRESIDING OFFICER. Without considered high-risk cargo. Without 100 security and lamented the lack of a objection, it is so ordered. percent scanning, we will not be able to strategic plan for maritime security. The concurrent resolution (S. Con. adapt to terrorists as they change their In making its recommendations on Res. 15) was agreed to, as follows: tactics. transportation security, the Commis- S. CON. RES. 15 We have seen in aviation security sion called on Congress to do two very Resolved by the Senate (the House of Rep- how they have changed their strategy specific things: Set a specific date for resentatives concurring), That the Rotunda of from box cutters, to shoes, to liquids. the completion of these plans, and hold the Capitol is authorized to be used on The methods they use to infiltrate our the Department of Homeland Security March 29, 2007, for a ceremony to award a security continue to evolve. So must accountable for achieving them. Congressional Gold Medal collectively to the Tuskegee Airmen in accordance with Public we. We are naive to think only high- I could not agree more. We come to the floor calling for the opportunity to Law 109–213. Physical preparations for the risk cargo should be scanned. We need ceremony shall be carried out in accordance to be able to be as adaptable as they work our way, building upon the present port security initiative—to with such conditions as the Architect of the are so we can stay one step ahead. Capitol may prescribe. work our way to see the Department of My colleagues, in noting their oppo- f sition to the Schumer-Menendez Homeland Security give us a plan to amendment last week, did not object to achieve that final goal, recognizing all IMPROVING AMERICA’S SECURITY the goal of reaching 100 percent scan- of the challenges. In doing so, we move ACT OF 2007—Continued ning. In fact, the distinguished Senator closer and closer to that day in which, AMENDMENT NO. 352 WITHDRAWN from Maine stressed the importance of in fact, we will be adaptable to the re- Mr. LIEBERMAN. Mr. President, on ality that at some point the terrorists moving forward with vigorous imple- behalf of Senator MENENDEZ, I ask mentation of the SAFE Port Act, in- will come to understand that only unanimous consent to withdraw cluding the requirement that 100 per- going after high-risk cargo leaves them amendment No. 352, which he had in- a huge opening, 95 percent of all the cent of all high-risk cargo be scanned. troduced earlier today. I would argue this amendment helps other cargo, to get in their weapon of The PRESIDING OFFICER. Without mass destruction. achieve that goal and will ensure that objection, it is so ordered. That is not a risk that we can afford. we continue to move forward toward We need to be right all the time. They AMENDMENT NO. 354 TO AMENDMENT NO. 275 100 percent scanning. only need to be right once. Therefore, I Mr. LIEBERMAN. On his behalf, I Last year, I offered an amendment believe this is an amendment that cre- send another amendment to the desk. that would have required the Depart- ates a middle ground and moves us for- The PRESIDING OFFICER. The ment to develop a similar plan to ward to that 100 percent scanning op- clerk will report. achieve 100 percent scanning, and there portunity and therefore improves our The assistant legislative clerk read were a few provisions my colleague national security. I hope when the time as follows: from Maine took issue with, and so we comes to vote on it we will have the The Senator from Connecticut [Mr. have amended this version. In the support of our colleagues in this body. LIEBERMAN], for Mr. MENENDEZ, proposes an scheme of things, this is a very small I yield the floor. amendment numbered 354 to amendment No. additional requirement for the Depart- 275. f ment, but in my opinion it takes us a Mr. LIEBERMAN. I ask unanimous significant step forward toward a very RECESS consent that the reading of the amend- crucial goal. The PRESIDING OFFICER. Under ment be dispensed with. Finally, this amendment does not ig- the previous order, the Senate stands The PRESIDING OFFICER. Without nore the progress we are making be- in recess until the hour of 2:15 p.m. objection, it is so ordered. cause of the SAFE Port Act. In fact, it Thereupon, the Senate, at 12:30 p.m., The amendment is as follows: would build upon the SAFE Port Act’s recessed until 2:16 p.m. and reassem- (Purpose: To improve the security of cargo goal of expanding scanning at foreign bled when called to order by the Pre- containers destined for the United States) ports on a reasonable timeline. siding Officer (Mr. CARPER). On page 219, between lines 7 and 8, insert I also hope my colleagues will not The PRESIDING OFFICER. The Sen- the following: look at the 9/11 Commission Report as ator from Connecticut. SEC. 804. PLAN FOR 100 PERCENT SCANNING OF a way to argue that improving security f CARGO CONTAINERS. of our cargo is not in line with the 9/11 Section 232(c) of the Security and Account- Commission recommendations. There AUTHORIZING USE OF THE ability For Every Port Act (6 U.S.C. 982(c)) is is no doubt our ports remain one of the ROTUNDA OF THE CAPITOL amended— most vulnerable transportation assets. Mr. LIEBERMAN. Mr. President, I (1) by striking ‘‘Not later’’ and inserting the following: The 9/11 Commission recognized this. ask unanimous consent that the Rules ‘‘(1) IN GENERAL.—Not later’’; and Let’s take a step back and look at Committee be discharged from further (2) by inserting at the end the following what the Commission actually said. consideration of S. Con. Res. 15 and new paragraph: First, I think it is important to keep that the Senate then proceed to its ‘‘(2) PLAN FOR 100 PERCENT SCANNING OF the Commission’s report in context. It consideration. CARGO CONTAINERS.—

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‘‘(A) IN GENERAL.—The first report under (Purpose: To restore habeas corpus for those lands, American Samoa, Guam, and the Com- paragraph (1) shall include an initial plan to detained by the United States) monwealth of the Northern Mariana Islands) scan 100 percent of the cargo containers des- At the appropriate place, insert the fol- receives an amount equal to not less than tined for the United States before such con- lowing: 0.25 percent of the total funds appropriated tainers arrive in the United States. SEC. ll. RESTORATION OF HABEAS CORPUS for the State Homeland Security Grant Pro- ‘‘(B) PLAN CONTENTS.—The plan under para- FOR THOSE DETAINED BY THE gram; graph (A) shall include— UNITED STATES. ‘‘(B) each State (other than the Virgin Is- ‘‘(i) specific annual benchmarks for the (a) IN GENERAL.—Section 2241 of title 28, lands, American Samoa, Guam, and the Com- percentage of cargo containers destined for United States Code, is amended by striking monwealth of the Northern Mariana Islands) the United States that are scanned at a for- subsection (e). that meets any of the additional high-risk eign port; (b) TITLE 10.—Section 950j of title 10, qualifying criteria described in paragraph (2) ‘‘(ii) annual increases in the benchmarks United States Code, is amended by striking receives an amount equal to not less than described in clause (i) until 100 percent of the subsection (b) and inserting the following: 0.45 percent of the total funds appropriated cargo containers destined for the United ‘‘(b) LIMITED REVIEW OF MILITARY COMMIS- for the State Homeland Security Grant Pro- States are scanned before arriving in the SION PROCEDURES AND ACTIONS.—Except as gram; United States; otherwise provided in this chapter or in sec- ‘‘(C) the Virgin Islands, American Samoa, ‘‘(iii) the use of existing programs, includ- tion 2241 of title 28 or any other habeas cor- Guam, and the Commonwealth of the North- ing the Container Security Initiative estab- pus provision, and notwithstanding any ern Mariana Islands each receives an amount lished by section 205 and the Customs–Trade other provision of law, no court, justice, or equal to not less than 0.08 percent of the Partnership Against Terrorism established judge shall have jurisdiction to hear or con- total funds appropriated for the State Home- by subtitle B, to reach the benchmarks de- sider any claim or cause of action whatso- land Security Grant Program; and scribed in clause (i); and ever, including any action pending on or ‘‘(D) directly eligible tribes collectively re- ‘‘(iv) the use of scanning equipment, per- filed after the date of the enactment of the ceive an amount equal to not less than 0.08 sonnel, and technology to reach the goal of Military Commissions Act of 2006, relating to percent of the total funds appropriated for 100 percent scanning of cargo containers. the prosecution, trial, or judgment of a mili- the State Homeland Security Grant Pro- ‘‘(C) SUBSEQUENT REPORTS.—Each report tary commission under this chapter, includ- gram, except that this subparagraph shall under paragraph (1) after the intial report ing challenges to the lawfulness of proce- not apply if the Administrator receives less shall include an assessment of the progress dures of military commissions under this than 5 applications for that fiscal year from toward implementing the plan under sub- chapter.’’. directly eligible tribes or does not approve at paragraph (A).’’. (c) EFFECTIVE DATE AND APPLICABILITY.— least 1 such application for that fiscal year. Mr. LIEBERMAN. Mr. President, I The amendments made by this section ‘‘(2) ADDITIONAL HIGH-RISK QUALIFYING CRI- shall— TERIA.—The additional high-risk qualifying believe the Senator from Pennsylvania (1) take effect on the date of the enactment criteria described in this paragraph are— is here. I will yield to him in a mo- of this Act; and ‘‘(A) having an international land border; ment. (2) apply to any case that is pending on or or I am pleased to note the presence of after the date of enactment of this Act. ‘‘(B) adjoining a body of water within the Senator from Illinois, who has The PRESIDING OFFICER. The Sen- North America through which an inter- come to the floor to propose an amend- ator from Illinois. national boundary line extends. ment with regard to the funding for- Mr. OBAMA. Mr. President, what is The PRESIDING OFFICER. The Sen- mula in the bill. This would make the the pending business? ator from Illinois. third such amendment. I hope we will The PRESIDING OFFICER. The Mr. OBAMA. Mr. President, it was a have a good, hearty debate on those pending business is the Specter amend- typical fall day in New York City. Peo- three and then go to votes either later ment which was just called up. ple were headed to work, cars were today or tomorrow morning on them Mr. OBAMA. I ask unanimous con- stuck in traffic, the subways were which, of course, I hope will reject all sent to be added as a cosponsor to the packed, and the construction crews three and sustain the wisdom of the amendment just introduced by Senator were busy rebuilding at Ground Zero. committee, but that will be determined SPECTER. Nearby, Con Ed personnel were at work by the body. The PRESIDING OFFICER. Without in a manhole, and they made a tragic I yield to the Senator from Pennsyl- objection, it is so ordered. discovery: ID tags and human remains vania. AMENDMENT NO. 338 TO AMENDMENT NO. 275 not seen since that other fall day 5 years earlier. The city paused again. It AMENDMENT NO. 286 TO AMENDMENT NO. 275 Mr. OBAMA. Mr. President, I ask launched another effort to recover and The PRESIDING OFFICER. The Sen- unanimous consent that the pending business be set aside so I may call up identify those taken from us on that ator from Pennsylvania is recognized. dark September day. Mr. SPECTER. Mr. President, on be- an amendment. The PRESIDING OFFICER. Without The recovery is continuing after all half of Senator LEAHY, Senator DODD, this time. The recovery continues 51⁄2 and myself, I call up amendment No. objection, it is so ordered. Mr. OBAMA. Mr. President, I call up years later, and just last week more 286. This is an amendment which would victims were unearthed. After all this repeal the provisions of the Military amendment No. 338 and ask for its im- mediate consideration. time, we are still recovering from Sep- Commission Act, striking Federal tember 11. Our prayers remain with the court jurisdiction for habeas corpus ex- The PRESIDING OFFICER. The clerk will report. family members and friends who still cept for the Circuit Court for the Dis- mourn and miss the fathers and moth- trict of Columbia. The assistant legislative clerk read as follows: ers and children who made their lives I have previously talked to Senator complete. During the Homeland Secu- The Senator from Illinois [Mr. OBAMA], for LINDSEY GRAHAM and Senator JON KYL himself, Mr. WARNER, Mr. COBURN, Ms. rity Committee meeting to discuss the to give them notice that we would be LANDRIEU, Mr. KENNEDY, Mr. MENENDEZ, Mrs. underlying bill, I met with some of calling up this amendment. I discussed CLINTON, and Mr. SCHUMER, proposes an those loved ones. the issue with Senator LIEBERMAN, the amendment numbered 338 to amendment No. That is why we are here today. We manager of the bill, as to procedures 275. are here to do the work that ensures no which we may follow, but I wanted to The amendment follows: other family members have to lose a call it up and have it pending and pro- (Purpose: To require consideration of high- loved one to a terrorist who turns a ceed to debate it at a later time. risk qualifying criteria in allocating funds plane into a missile, a terrorist who The PRESIDING OFFICER. Without under the State Homeland Security Grant straps a bomb around her waist and objection, the pending amendments are Program) climbs aboard a bus, a terrorist who set aside and the clerk will report. On page 69, strike line 15 and all that fol- figures out how to set off a dirty bomb The assistant legislative clerk read lows through page 70, line 2, and insert the in one of our cities. This is why we are as follows: following: here: to make our country safer and ‘‘(d) MINIMUM ALLOCATION.— The Senator from Pennsylvania [Mr. SPEC- make sure the nearly 3,000 who were ‘‘(1) IN GENERAL.—In allocating funds under TER], for himself, Mr. LEAHY, and Mr. DODD, subsection (c), the Administrator shall en- taken from us did not die in vain; that proposes an amendment numbered 286 to sure that, for each fiscal year— their legacy will be a more safe and se- amendment No. 275. ‘‘(A) except as provided in subparagraph cure Nation. That is what lies at the The amendment follows: (B), each State (other than the Virgin Is- heart of this 9/11 bill. It is not just

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When the work goes on. down a manhole expecting to do their threat against our Nation is so real, we can- Mr. President, let me add one last work only to find the deceased left in not afford not to take it seriously. point. darkness 5 years earlier. That is why That is why the 9/11 Commission said I recognize it is difficult for some to we are here—to protect our people. Congress should not use this money as see any shift of funding because it is Most of us had hoped these steps porkbarrel. That is why in 2005 the difficult if that State potentially sees would have already been taken, would Commission issued a report giving the their funding reduced. But even within have been taken many years ago, that Nation an ‘‘F’’ for risk-based funding. Illinois, I confront some of these same we would have capitalized on the unity That is why 9/11 Commission Chairman issues. and national spirit we shared after the Lee Hamilton recently sent me a let- The fact of the matter is I have towers fell, the Pentagon was hit, and ter. He wrote: fought at the State level and have said the Pennsylvania field smoldered. It is Since 9/11 and since the issuance of our re- publicly we should make sure risk as- never too late to do, however, what is port, the United States has not allocated sessments entirely determine how right for our country. homeland security resources wisely. Re- money within Illinois is allocated. sources for homeland security are not unlim- It has been more than 21⁄2 years since That is the same approach we need to the 9/11 Commission issued its report. ited, so it is thus essential that they be dis- take for the Nation as a whole. Keep in tributed based on a careful analysis of the mind my home city of Chicago is actu- Not only did the panel of dedicated risk, vulnerability and potential con- American researchers find out what ally doing quite well under the current sequences of a terrorist attack. Adopting formula. So this is not something that happened that day, but they also gave such a risk-based approach would make the a list of serious recommendations best use of our homeland security resources, is based solely on any parochial con- about how to make our country safer and would make the American people safer. cerns. I ask unanimous consent that the in the future. The 9/11 Commission That is why 9/11 Commissioner Tim statements of the 9/11 families, the 9/11 showed us how to move beyond the pol- Roemer wrote in support of this Commission chairman, Lee Hamilton, itics of division in order to achieve the amendment, saying: and 9/11 Commissioner Tim Roemer be solemn task of better protecting our We cannot afford to waste any more printed in the RECORD, as well as a country. money, time or effort. chart showing how each State would In its report, the Commission said That is why the amendment I offer the following: fare under my amendment. today, a bipartisan amendment with There being no objection, the mate- Homeland security assistance should be the support of Senators WARNER, based strictly on an assessment of risks and rial was ordered to be printed in the COBURN, LANDRIEU, KENNEDY, MENEN- vulnerabilities [and] federal homeland secu- RECORD, as follows: DEZ LINTON CHUMER rity assistance should not remain a program , C , and S , reduces WOODROW WILSON INTERNATIONAL for general revenue sharing. the guaranteed State minimum to .25 CENTER FOR SCHOLARS, This is one of the goals of the 9/11 percent and allows those States on our Washington, DC, February 27, 2007. Commission. My amendment that I northern and southern borders to see Senator BARACK OBAMA, Hart Senate Office Building, just introduced moves us closer to a an increased minimum of .45 percent. This basic framework was adopted by a Washington, DC. true system of risk-based allocation of DEAR BARACK: Thank you for inquiring State homeland security grants and en- wide bipartisan margin in the House in about my position with regard to risk-based sures that funding goes to areas most January. homeland security funding. at risk of terrorist attacks. It is time for all of us to approach In our report, the 9/11 Commission issued This is not an issue of big States homeland security funding not as the following recommendation: something we can bring home to the ‘‘Homeland security assistance should be versus little States or urban States based strictly on an assessment of risks and versus rural States. It is about good States we represent but funding we can use to better protect the United States vulnerabilities. Now, in 2004, Washington policy and about maximizing our use of D.C. and New York City are certainly at the the people’s money. of America. As we lower the guaran- top of any such list. We understand the con- Today, the system is set up so that teed amount, we increase the funding tention that every state and city needs to all States receive at least .75 percent of available to protect those places most have some minimum infrastructure for the State Homeland Security Grant at risk, and 40 States will receive ei- emergency response. But federal homeland Program dollars. After each State re- ther the same amount or an increase in security assistance should not remain a pro- the funding they need to better protect gram for general revenue sharing. It should ceives that minimum level of funding, supplement state and local resources based the dollars are then allocated accord- our borders, our ports, our railways, on risks or vulnerabilities that merit addi- ing to risk. As a result, the current our subways, our chemical plants, our tional support. Congress should not use this amount of State minimum funding eats nuclear powerplants, our food supply, money as a pork barrel.’’ up approximately 40 percent of that and our firefighters, police officers, and Since 9/11, and since the issuance of our re- funding. EMTs. port, the United States has not allocated While the new bill does attempt to We have waited more than 5 years to homeland security resources wisely. Re- better develop our approach to funding sources for homeland security are not unlim- address this problem—and I applaud ited, so it is thus essential that they be dis- Chairman LIEBERMAN and Senator COL- our security in a post-9/11 world. Some- tributed based upon a careful analysis of the LINS for trying to bring the .75 percent times division and politics have pre- risk, vulnerability, and potential con- down to .45 percent—the bill does not vented us from doing what we need to sequences of a terrorist attack. Adopting go far enough. It is a good first step, do. But I believe those days are finally such a risk-based approach would make the but we are already 50 yards behind, behind us. We have a real chance to not best use of our homeland security resources, sending too much money to areas only learn from our mistakes but to and would make the American people safer. With best wishes, where there are not real risks, threats, get the job done and better protect our Sincerely, and vulnerabilities. That is why we people. That is why we are here—to LEE H. HAMILTON, must use the most dollars in those make our country as safe and secure as President and Directors. areas which are at the greatest risk of we can. That is the common cause we attack. We cannot afford to waste a all share. The American people need to WASHINGTON, DC, single cent on places that do not need see that in us today. The 9/11 Commis- March 5, 2007. immediate help when first responders sion experts that from us. The families Senator BARACK OBAMA, in major cities still lack the basic com- and friends of the 9/11 victims are owed Hart Senate Office Building, Washington, DC. munications equipment they need to that from us—that we will never forget DEAR SENATOR: The Homeland Security talk to one another if, Heaven forbid, those who died. We will never forget and Government Affairs Committee has pro- tragedy strikes again. those who are suffering and sick be- duced a strong bill and is off to a productive

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2665 start, yet there are areas in need of improve- in their implementation of our recommenda- tecting the areas at most risk as a first pri- ment. tions: five Fs, twelve Ds, and 2 Incompletes. ority. None should be used for general rev- I am writing today to support your efforts On homeland security, the government re- enue sharing or political purposes. to more fully implement the 9/11 Commis- ceived an F because too many of our The 9/11 Commission recommends that sion’s recommendation that State homeland vulnerabilities received too few resources. homeland security assistance be based security grants should be based solely on an We cannot afford to waste any more money, ‘‘strictly on an assessment of risks and assessment of risks and vulnerabilities. time or effort. vulnerabilities.’’ They continue to say that Obviously, there is much more to accom- Your amendment moves in the right direc- ‘‘Congress should not use this money as a plish to make America safer. I commend tion. By reducing the amount of funding pork barrel.’’ We stand in complete agree- these efforts to move the Senate in a better available through the ‘‘minimum alloca- ment. tion,’’ this amendment increases the avail- direction and believe this amendment cre- ability of funding for our most at-risk facili- ates the opportunity for the full spirit of the Reports of air-conditioned garbage trucks ties and infrastructure. 9/11 Commission’s recommendation to be re- being purchased with homeland security As you know, the bi-partisan National alized in conference with the House. funds are indicative of the frivolity that re- Commission on Terrorist Attacks upon the Yours sincerely, sults from non risk-based allocation meth- United States, said: TIMOTHY J. ROEMER, ods. When the threat against our nation is so ‘‘We understand the contention that every Former 9/11 Commissioner. real, we cannot afford not to take it seri- state and city needs to have some minimum ously. infrastructure for emergency response. But FAMILIES OF SEPTEMBER 11, Congress has a duty to spend taxpayer dol- Federal homeland security assistance should New York, NY, February 26, 2007. lars wisely to protect the homeland. Some- not remain a program for general revenue STATEMENT REGARDING HOMELAND SECURITY times the right choices are not easy—we un- sharing. It should supplement state and local GRANTS derstand that. But the stakes are too high resources based on risks or vulnerabilities Families of September 11 stands in strong not to make them. We ask Congress to do that merit additional support. Congress support of allocating all homeland security what is right and to legislate that all home- should not use this money as a pork barrel.’’ grants based on risk. There are limited funds land security grants be allocated strictly on Two years ago, the Commission gave Con- to protect our homeland—each and every appropriately-assessed risk. gress and the administration failing grades dollar should be spent effectively on pro-

Obama S. 4 as Obama amend- State amendment amended ment less S. 4

Alabama ...... $12,173,119 $11,988,972 $184,147 Alaska ...... 4,109,312 4,109,312 0 Arizona ...... 13,232,207 12,961,248 270,959 Arkansas ...... 2,282,951 4,109,312 (1,826,361 ) California ...... 134,446,429 130,575,288 3,871,141 Colorado ...... 14,354,975 14,106,024 248,951 Connecticut ...... 10,039,748 9,918,964 120,784 Delaware ...... 5,368,960 5,386,903 (17,943 ) District of Columbia ...... 2,282,951 4,109,312 (1,826,361 ) Florida ...... 60,448,703 58,830,723 1,617,980 Georgia ...... 29,078,462 28,392,210 686,252 Hawaii ...... 2,282,951 4,109,312 (1,826,361 ) Idaho ...... 7,753,324 7,645,093 108,231 Illinois ...... 49,264,671 47,978,868 1,285,803 Indiana ...... 14,726,698 14,466,707 259,991 Iowa ...... 10,007,425 9,887,601 119,824 Kansas ...... 10,928,653 10,781,467 147,186 Kentucky ...... 12,981,213 12,773,065 208,148 Louisiana ...... 22,565,218 22,072,415 492,803 Maine ...... 4,109,312 4,109,312 0 Maryland ...... 11,688,262 11,518,515 169,747 Massachusetts ...... 24,488,484 23,938,558 549,926 Michigan ...... 32,771,939 31,920,631 851,308 Minnesota ...... 4,109,312 4,109,312 0 Mississippi ...... 2,282,951 4,109,312 (1,826,361 ) Missouri ...... 27,139,035 26,510,385 628,650 Montana ...... 4,109,312 4,109,312 0 Nebraska ...... 9,603,377 9,495,554 107,823 Nevada ...... 8,876,092 8,789,870 86,222 New Hampshire ...... 4,109,312 4,109,312 0 New Jersey ...... 16,019,650 15,721,257 298,393 New Mexico ...... 4,109,312 4,109,312 0 New York ...... 75,487,831 73,367,819 2,120,012 North Carolina ...... 21,886,418 21,413,777 472,641 North Dakota ...... 6,234,105 6,170,997 63,108 Ohio ...... 24,319,267 23,719,012 600,255 Oklahoma ...... 12,690,299 12,490,791 199,508 Oregon ...... 2,282,951 4,109,312 (1,826,361 ) Pennsylvania ...... 27,632,456 26,933,796 698,660 Rhode Island ...... 2,282,951 4,109,312 (1,826,361 ) South Carolina ...... 11,866,043 11,691,016 175,027 South Dakota ...... 2,282,951 4,109,312 (1,826,361 ) Tennessee ...... 2,362,848 4,109,312 (1,746,464 ) Texas ...... 71,301,900 69,306,214 1,995,686 Utah ...... 2,282,951 4,109,312 (1,826,361 ) Vermont ...... 6,428,048 6,359,179 68,869 Virginia ...... 13,352,937 13,133,748 219,189 Washington ...... 24,610,182 24,001,285 608,897 West Virginia ...... 10,152,882 10,028,738 124,144 Wisconsin ...... 13,377,664 13,102,384 275,280 Wyoming ...... 2,282,951 4,109,312 (1,826,361 )

Mr. OBAMA. Mr. President, I wish to Mr. OBAMA. I yield the floor. this subject which is to be not just ter- commend Chairman LIEBERMAN and The PRESIDING OFFICER. The Sen- rorist-related funding but all-hazards- Senator COLLINS for their hard work on ator from Connecticut is recognized. related funding. this issue. I acknowledge that the un- Mr. LIEBERMAN. Mr. President, I In other words, when we send home- derlying bill is an improvement over thank the Senator from Illinois for his land security funding to a State or a the status quo. It is just that we can do thoughtful statement on his amend- municipality, we are trying to help so much better. I ask that we ensure ment. I rise to respectfully disagree them not only prepare for the possi- this amendment be included in the with it. bility, God forbid, of a terrorist attack final package we vote on. In our committee, we work very hard but also to be ready to respond to the Mr. President, I ask for the yeas and to not just balance the political inter- much more common occurrence, which nays. ests, but to balance the needs of all is to say a natural disaster. The fund- The PRESIDING OFFICER. Is there a parts of our country for a reasonable ing formula we have presented, which sufficient second? amount of homeland security funding, was part of our bill that came out of There is a sufficient second. which we, consider, I think, consistent our committee with strong bipartisan The yeas and nays were ordered. with the most progressive thinking on support, including the support of the

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2666 CONGRESSIONAL RECORD — SENATE March 6, 2007 distinguished occupant of the chair, first based on risk, but then if States The PRESIDING OFFICER. Without the Senator from Delaware, is I think a fall below the .45 percent, then give objection, it is so ordered. balanced proposal. them that minimum. By our run of the Ms. COLLINS. Mr. President, I rise in This distributes, in fact, most of the numbers, based on the risk assessment opposition to the amendment offered homeland security grant money based standards the Department has been by the Senator from Illinois to reduce on risk, as the 9/11 Commission called using, we think 95 percent of the the minimum guarantee to States for, but respectfully disagrees with the money will, in fact, be distributed under the State Homeland Security Commission that the money should all based on risk. Grant Program. be distributed based on only risk be- I wish to make this point, something My colleague and friend from Con- cause our conclusion is not based on that I think is sometimes overlooked necticut has done an excellent job ex- theory but reality. Terrorists may in the discussion. Take the existing plaining the problems with this amend- strike anywhere in this country, not formula which has .75, three-quarters ment. Let me reinforce a few of the just in the big cities or the highest vis- of 1 percent of the total, going to each points he has made. As my colleagues ibility targets, and we base that on State. The fact is, even under that for- can see from the chart behind me, under Senator OBAMA’s amendment, 32 what has happened around the world, mula, which only Senator LEAHY, in what has happened here, in fact, with his wisdom, would preserve in his States and the District of Columbia would have a decrease in the guaran- domestic terrorism, striking at the amendment—even under that formula, teed funding. Under the Obama amend- Murrah Federal Building in Oklahoma the lion’s share of the money, or a very ment, two previous targets of attack, City, as we all remember some years large share of the money, has gone to a both the District of Columbia and ago, but around the world, terrorists very few States. Oklahoma, would receive less guaran- striking at apartment buildings, This graph shows that. The fact is, teed funding than 18 other States. In- discos, schools, in communities large this is fiscal year 2006 funding. In fiscal and small. deed, Senator OBAMA’s own projections year 2006, the State of California re- show that the District of Columbia, Unfortunately, in this age we are liv- ceived $226 million in homeland secu- ing in post-9/11, we can all imagine, and presumably one of the highest risk rity grant funding. That is more than areas in the country, would lose almost I use that term in the way the 9/11 the total received by the 22 States at Commission did, that part of our fail- 45 percent of its total funding under his the bottom that received the least proposal ure as a nation before 9/11 was a failure funding, the minimum. of imagination, which is to say that we I think we need to keep in mind that Now, as you can see in this chart, assessing risk is not an exact science. could not imagine that human beings that is California. Next is New York. would do what the terrorists did to us Who would have guessed that Portland, Next is Texas. The fact is almost half ME, would have been the departure on 9/11. of the entire distribution of funding After that, we started to imagine, point for two of the hijackers on 9/11? went to five States: California, Florida, and one can imagine the various tar- Who would have guessed that four of Texas, Illinois, and of course New gets in this open society of ours that the hijackers would train and live in York. So what I am saying is that we terrorists who want to create havoc Norman, OK? Who would have guessed are lowering that. I think the big and fear can strike all around the that two of the hijackers would have States, the high-visibility potential country. spent considerable time in Stone The other point is this, that every- targets are receiving a lot of money. It Mountain, GA? My point is the evi- place in the country, as we saw in the would be unfair to cut that even more. dence is clear that terrorists train, case of Katrina, most visibly and mov- Now, Senator FEINSTEIN does not only hide, and transit through more rural ingly, can be struck by natural disas- do what Senator OBAMA does, she cuts areas, which is one reason that the ters. So the funding formula in the into the minimums we have established chairman and I have put such emphasis committee bill learns both from the in the new dedicated grant funding pro- on preventing terrorist attacks and tragic lessons of 9/11 and Katrina. gram for interoperability communica- have allocated a percentage of funds to We have different grant programs. tions. be used specifically for that purpose. The Urban Area Security Initiative, There I think we have a very strong Now I wish to specifically address the the so-called UASI Grant Program, is argument that we want people, our chart that is being circulated by the totally and strictly, in terms of the 9/ first responders, to be able to commu- distinguished Senator from Illinois. 11 Commission, distributed based on nicate with one another, not only in The breakdown of the winners and los- risk. In fact, the State Homeland Secu- acts of terrorism—in times of ter- ers under his amendment on his chart rity Grant Program which Senator rorism—but in times of natural dis- relies upon the Department of Home- OBAMA’s amendment deals with, we aster. The interoperability grants are land Security allocating future risk- think 95 percent of that will be given important for that reason. based funding in the same manner as it out based on risk. We have placed a chart on the desks did in 2006. We know that is not going Let me give a brief explanation of of all the Senators, and it lists all the to happen. The process by which the what is happening. This is in the States. It shows that under the amend- Department allocated funding based on weeds, but under current law, .75 per- ment the Senator from Illinois has in- its risk analysis was denounced all cent is guaranteed—of the total fund- troduced, 32 of the States will receive around. I could quote the Senators ing for the State Homeland Security less guaranteed funding than they re- from New York and California, as well Grant Program—is guaranteed to each ceive now. as the Senator from Connecticut, Min- State. That is a minimum for each Ironically, the District of Columbia nesota, and myself. All of us believed State for the reasons I have stated. is one of the entities that suffers the that whether we represented big The House of Representatives, in greatest cut. Of course, most anybody States, small States or medium-sized their judgment, altered that and went would say that the District of Colum- States, the methodology was flawed. to a minimum amount of .25. They did bia is a high-visibility target, in fact, Indeed, the Department has moved not literally respond to the 9/11 Com- was targeted through the Pentagon on away from that methodology. So it is a mission recommendation for total risk, 9/11/2001. false assumption to assume the exact which is to say, whatever the Depart- Respectfully, I will oppose the same risk analysis is going to be used ment of Homeland Security decided is amendment of the Senator from Illi- in future years, when, in fact, we know a risk assessment formula for distribu- nois. it would not be. I wish to point out, in tion, they lowered it to .25, as the I yield the floor. fiscal year 2006, 60 percent of the Home- amendment from the Senator from Illi- The PRESIDING OFFICER. The Sen- land Security Grant funds were allo- nois would do. The committee decided ator from Maine is recognized. cated based on risk. We are requiring to reach for a compromise on this one Ms. COLLINS. Mr. President, I ask that an estimated 95 percent be allo- and set a minimum of .45 percent of the unanimous consent that Senator COLE- cated based on risk, but we want that total funding for every State. MAN and Senator COBURN be added as risk formula reported to Congress. We We have done some runs on this. The cosponsors to the Collins amendment want to take a look at it. We are work- formula says that, distribute the funds No. 342. ing with the Department on it. If we

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2667 are going to become better prepared as I hope our colleagues will join us in So let me in fairness yield—it takes a nation, all States must have a pre- voting against the amendment offered two of us to equal the Senator from Il- dictable, steady stream of homeland by the Senator from Illinois. I truly be- linois on this. security funding. We need to bring all lieve it would not advance the goal we Mr. OBAMA. Very briefly—— States up to reach minimum levels of all share of strengthening our home- Mr. LIEBERMAN. We will round- preparedness, because otherwise the land security. robin. I yield to my friend from Illi- terrorists will exploit the weak links. Thank you, Mr. President. nois. We also know many of the parts of The PRESIDING OFFICER. The Sen- Mr. OBAMA. Thank you very much. I our critical infrastructure are located ator from Illinois is recognized. want to make clear now, it sounds to in more rural areas. Nuclear power- Mr. OBAMA. If the Senator from me as if we are comparing apples and plants are a prime example. Military Maine will yield, I want to ask a couple oranges. Assuming we—which is what bases are yet another example. So the of questions based on my under- CRS did—apply the same formula on problem is one cannot assume the only standing. Maybe I am confused. my amendment, my amendment would targets are in large urban areas. That We based our assessment of which have 34 States see an increase in fund- is not true. States see an increase, which States do ing, and 6 States would remain the There was another point the Senator not see an increase, and which States same. Now, if the funding formula from Connecticut made that is a very see a decrease under our bill on the changes, it might change 1 or 2 States, important point, and that is this is an CRS analysis, assuming $913 million depending on what the risk assess- all-hazards approach to funding. As the appropriated. They tell us 34 States ments were, but it is not going to re- Presiding Officer well knows, because will see an increase in funding, 6 States sult in 32 States suddenly seeing a de- he participated so actively in the in- will see the same amount of funding crease in funding. This is a decrease in vestigation held by the Homeland Se- under my amendment to S. 4, and 10 funding based on the bare minimums States will see a loss. We have not had curity Committee into the failed re- without applying any of the additional the benefit of the analysis that was sponse to Hurricane Katrina, there is funding which we know is going to be just presented on that chart indicating virtually no area of our country that is coming. So it strikes me that chart 32 States would see a decrease, so I am immune from natural disasters. The does not describe at all the reality of curious if either the chairman or the same kinds of communications equip- what would happen under my amend- Senator from Maine would tell me ment that come into play when there is ment. I want to make sure I am clear where they got that statistic. Because a terrorist attack are also needed when in terms of what we are preparing here, I understand the statement was made: a hurricane or an ice storm or an because the best estimate of how this Well, the formulas may change, and earthquake strikes. So I think we have funding will be impacted is based on this was based on the previous formula. struck the right balance in our pro- I have no problem with changing the the CRS’s own assessment of what posal. formula so it is more risk-based as- would have happened this year. Now, I would note the Senator’s pro- sessed. But I don’t understand how it is Ms. COLLINS addressed the Chair. posal does not hit my home State. It that simply because we are going to The PRESIDING OFFICER (Mrs. does not hurt Maine, because he has eliminate some of the flaws of the pre- MCCASKILL). Does the Senator yield? Mr. OBAMA. It is their time. additional funding for border States, so vious formula that somehow—or the The PRESIDING OFFICER. The Sen- I am not arguing out of a parochial in- risk assessments, that somehow that is ator from Illinois has the floor. terest. I am arguing for the formula in going to change the basic assessment Mr. OBAMA. I certainly yield to the our bill because it takes an all-hazards that was made by the Congressional distinguished Senator from Maine to approach. It understands all States Research Service. have vulnerabilities. It recognizes we I am happy for either Senator to re- respond to my inquiry. need to improve every link in the spond. The PRESIDING OFFICER. Without chain, that we need to bring all States The PRESIDING OFFICER. The Sen- objection, it is so ordered. up to minimal levels of preparedness, ator from Connecticut is recognized. Ms. COLLINS. Thank you, Madam and they are simply not there now. It Mr. LIEBERMAN. I will start a re- President. I thank the Senator from Il- recognizes we need predictable funding sponse. Senator OBAMA has circulated a linois so that I may respond to his streams so that States, regions, and document which indicates if this for- questions. communities can enter into multiyear mula is applied, I believe 34 States will The only thing we can count on is projects, because a lot of these get more money than under our pro- what the minimum is going to produce. projects, such as with interoperable posal. We have a chart we are circu- CRS, the same as the Senator from Illi- communications, require more than 1 lating which says that, in fact, 32 nois, used last year’s DHS risk assess- year to get to the goal. States lose. That is translated into the ment—a risk assessment we already The potential of terrorist attacks map here. Here is what the difference know DHS has abandoned; a risk as- against rural or at least nonurban tar- is, because in some sense we are meas- sessment that resulted in significant gets is increasingly recognized as a na- uring different things. In our chart, we cuts in funding to New York City; a tional security threat. Our committee are measuring the guaranteed funding risk assessment that was roundly criti- held hearings on the threat of agri-ter- of .45 under ours and .25 under that of cized by virtually every member of our rorism—an attack on our food supply. the Senator from Illinois. The reason Homeland Security Committee. What That would be devastating for our Na- we are doing that is because that is all we are trying to do is to share with our tion. A study conducted by the Harvard we can say with certainty that is guar- colleagues what we know for sure, and School for Public Health shows rural anteed. We are both in fact using the what we know for sure is what the im- areas face profound homeland security same bottom line or top line, which is pact of the minimum funding percent- challenges. A great many power and $913 million, which is the level the bill, age is under our proposal versus under water supplies, as well as virtually our S. 4, authorizes for the State Homeland the proposal of the Senator from Illi- entire food supply, are located outside Security Grant funding. The reason nois. of urban areas. this says 32 States and the District of What we did is we looked at what the The RAND Corporation has repeat- Columbia will lose guaranteed funding guaranteed funding—that is why it edly warned: under the amendment of the Senator says guaranteed funding—would be Homeland security experts and first re- from Illinois is because that is what we under Senator OBAMA’s amendment, sponders have cautioned against an over- have studied: the guaranteed min- and as you see 32 States and the Dis- emphasis on improving the preparedness of imum. Because the rest is an assess- trict of Columbia would lose under the large cities to the exclusion of smaller com- ment of risk that is left to the Depart- amendment. I say to my friend from Il- munities or rural areas. ment of Homeland Security which it linois that I am surprised he would Again, that report recognized much applied this year and it has already want to cut funding for the District of of the Nation’s infrastructure and po- said it would never apply again because Columbia when that is a high-risk area tential high-value targets are located it was so criticized by New York and that did not do well under the Depart- in rural areas. others. ment’s formulation of applying risk

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2668 CONGRESSIONAL RECORD — SENATE March 6, 2007 and thus does not do well under the have great concern about the safety of Mr. CARPER. Madam President, I formula of the Senator from Illinois. all Americans, indicate it makes sense think it has been a good debate. The Mr. OBAMA addressed the Chair. for us to allocate this as much on the Senator from Illinois offered a The PRESIDING OFFICER. The Sen- basis of risk as possible. thoughtful amendment, raised some ator from Illinois has the floor. It is for that reason that the House questions, and I think the managers of Mr. OBAMA. Madam President, I allocated funding on the basis of the the bill, the Senators from Connecticut want to be exactly clear on what we formula we are discussing. I wish to and Maine, have defended well the lan- are talking about here so there is no make sure that anybody who is listen- guage in the bill. confusion among my colleagues. No ing understands, yes, the guaranteed For our colleagues who may be one disputes that under my amend- minimum funding might be less for 32 watching this—or if they are at com- ment, the minimum funding changes. States, but that is because more of the mittee hearings, perhaps their staffs That is the whole point of the amend- money goes into the pot based on risk. are watching—I ask a couple of rhetor- ment, is to change the minimum fund- When you add the funding that will be ical questions as we decide how to vote ing levels and shift more of the money allocated on the basis of risk, then we on Senator OBAMA’s amendment. into the risk-based assessment. So to can assume that at least 34 States Should most of the funds for home- state that 32 States lose on the min- would see an increase under my amend- land security be allocated on the basis imum funding levels is to state the ob- ment, and 6 States would see about the of risk? Sure. Should the lion’s share of vious. That is the point of the amend- same amount of funding. If the formula the funding be allocated on the basis of ment. changes, it is conceivable that instead risk? Certainly, it should. Should all The point is more money then goes of 34 States, it may be 32 States or 36 the funding for homeland security be into the risk-based funding, and when States that see an increase in funding; allocated on the basis of risk? No. you factor that in, unless there is instead of 6 States with the same What Senator OBAMA is trying to do going to be no risk-based funding—I amount under both amendments, it is thread the needle and get us closer mean I suppose that is a possibility, might be 4 States or 8 States. But the to somewhere between the lion’s share but I don’t think so—all that money, basic principle is that the funding is and all the funds being allocated on the when you factor it in, will result in, going to be allocated on risk. The basis of risk. We have all heard the old under last year’s formula, 34 States Emergency Management Planning adage that beauty is in the eye of the gaining and 6 States staying the same. Grant Program deals with all-hazards beholder. So is risk. Senator COLLINS Now, I also agree with the distin- funding. talked about some staging that was guished Senator from Maine that there Mr. LIEBERMAN. Madam President, done by the perpetrators of violence on were problems with last year’s for- very briefly, this is an important de- 9/11 from places such as Stone Moun- mula, and I am fine with changes to bate. I say this to my friend from Illi- tain, GA; Portland, ME; and maybe that formula. I have actively supported nois about the CRS estimate of his Norman, OK. Maybe Senator changes to that formula, including any amendment. LIEBERMAN talked about the kinds of possible shortchanging of high-risk If you take the risk analysis the De- targets that terrorists have chosen in areas such as Washington, DC or New partment of Homeland Security ap- this country and others that maybe York. plied for this year, those numbers look would not have come to mind, such as The point of my amendment is very correct. But what we are saying is we the Federal courthouse in Oklahoma simple, and that is more money is allo- know the Department of Homeland Se- City, in a disco or a bus or a train. cated on the basis of risk. I am not curity would not use that same risk I don’t think most people think of concerned about predetermining where analysis because they have said so. We Delaware as a very high-risk State. As those risks are. That is the job of the also know the risk analysis has we think what is a target for terrorists, Department of Homeland Security, and changed year by year through the De- in my State we have a lot of chemical that is the purpose of our amendment. partment of Homeland Security. I am plants. Delaware used to be known as I want to be clear. Under your chart, going to be real local about this. My the chemical capital of the world; I Illinois loses money that is guaranteed hometown, New Haven, CT, in the fis- don’t know if it still is. We have a lot under the minimum funding, as does cal year 2004 grant, got a grant under of inviting targets for people who want New Jersey, Oklahoma, and Louisiana. the Homeland Security Grant Funding to do mischief. There are nuclear pow- But I would note that Senators MENEN- Program, specifically the Urban Area erplants across the river in New Jer- DEZ, COBURN, and LANDRIEU were all co- Security Initiative. In the years since sey, and they are closer to my home sponsors because they understand when then, because the risk analysis than to the Senator’s from New Jersey. the money is allocated based on risk, changed, New Haven has received zero We have northeast corridor train then wherever we live throughout the UASI money. So that is the basis on tracks, not just for passengers, that United States, we are going to be po- which we contend that the Senator’s run up and down my State on which all tentially better off. amendment would amount to 32 States kinds of hazardous cargo is carried by I am going to make one last point getting less money than they would Norfolk Southern and CSX Railroad. and then I am happy to listen to a re- under our proposal. We have a busy Delaware River; haz- sponse. Both Senators LIEBERMAN and Our proposal is evaluated based on ardous cargo goes down that river COLLINS talked about an all-hazards the guaranteed minimum because that every day. funding approach. I have no objection is all we will know for sure after we Some people might look at those in to that either. But keep in mind, we adopt the law. my State and say there is not much are talking here about the State Home- My friend from Illinois is good, but risk there and, as a result, they don’t land Security Grant Program, which is he has not reached the level of prophet. need extra money. In my judgment, not supposed to be targeted at all haz- None of us can know—perhaps Sec- those are risky targets, which invite ards. We have a separate program—the retary Chertoff—what the Department some mischief. We don’t need an enor- Emergency Management Grant Pro- of Homeland Security will use as a risk mous amount of money to help prepare gram—that is supposed to be address- analysis formula in the years ahead. for some harm that may come to those ing all hazards and that is why this The top five States are getting about targets and the people who live around amendment does not touch that por- half of the homeland security grant them, but we need a reasonable tion of homeland security funding that funding now at the .75 level, and we are amount. The idea that .45 percent of is directed at all hazards. That is not coming in, in the spirit of compromise, one program, among several that are the purpose of the State Homeland Se- at .45. So they will probably get a larg- funded through this bill, is somehow curity Grant Program. The purpose of er share of that money—California, too much, I don’t buy that. The real that is supposed to be to deal with po- Florida, Texas, Illinois and, of course, compelling point is that, if you do the tential terrorist threats. That is why New York. math, multiply .45 percent times 50 the 9/11 Commission and Chairman Lee I yield the floor. percent, you come up with .22, .23 per- Hamilton of the 9/11 Commission and The PRESIDING OFFICER. The Sen- cent on the basis allocated by the fact the 9/11 families, all of whom I think ator from Delaware is recognized. that your State is under the minimum.

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2669 When you run through the numbers, as Mr. OBAMA. The Senator from New ‘‘(4) an offender intends to facilitate, re- the Senators have said, 95 percent of Jersey has been waiting for quite some ward, or encourage an act of international the money under this funding program, time. terrorism that violates the criminal laws of the State Homeland Security Grant Mr. KYL. Madam President, I ask the United States; unanimous consent that the pending ‘‘(5) an offender intends to facilitate, re- Program, would be allocated on the ward, or encourage an act of international basis of risk. For the Urban Area Secu- amendment be temporarily laid aside terrorism that is designed to influence the rity Initiative, I think all the money is for the purpose of resubmittal of a policy or affect the conduct of the United allocated on the basis of risk. technical correction to an existing States Government; That having been said, we can have amendment and laying down a second ‘‘(6) an offender intends to facilitate, re- ‘‘food fights,’’ I call them, and debates amendment. ward, or encourage an act of international all day trying to figure out should the The PRESIDING OFFICER. Is there terrorism that occurs in part within the minimum be .75 or .45 or .25 percent. objection? Without objection, it is so United States and is designed to influence Our committee said .75 percent is too ordered. the policy or affect the conduct of a foreign government; much. We believe .25 percent as a min- AMENDMENT NO. 317, AS MODIFIED Mr. KYL. First, I ask unanimous con- ‘‘(7) an offender intends to facilitate, re- imum is too little. We believe .45 per- ward, or encourage an act of international cent, which leads to about 95 percent of sent that amendment No. 317 be modi- terrorism that causes or is designed to cause the funding under this specific grant fied, and I send the modification to the death or serious bodily injury to a national program being allocated on the basis of desk. The minority has been given a of the United States while that national is risk, is about right. copy. outside the United States, or substantial I yield the floor. The PRESIDING OFFICER. Without damage to the property of a legal entity or- The PRESIDING OFFICER. The Sen- objection, the amendment will be so ganized under the laws of the United States ator from Illinois is recognized. modified. (including any of its States, districts, com- Mr. OBAMA. Madam President, I The amendment (No. 317), as modi- monwealths, territories, or possessions) have a very quick comment, and then I fied, is as follows: while that property is outside of the United States; will yield to the Senator from New Jer- (Purpose: To prohibit the rewarding of sui- ‘‘(8) the offense occurs in whole or in part cide bombings and allow adequate punish- sey, who wants to speak on this amend- within the United States, and an offender in- ments for terrorist murders, kidnappings, ment. I wish to make perfectly clear tends to facilitate, reward or encourage an and sexual assaults) that the statement made by the Sen- act of international terrorism that is de- ator from Delaware is absolutely right. At the end, add the following: signed to influence the policy or affect the Every State has some risks. I have no SEC. ll. PREVENTION AND DETERRENCE OF conduct of a foreign government; or TERRORIST SUICIDE BOMBINGS AND ‘‘(9) the offense occurs in whole or in part doubt that Delaware has chemical TERRORIST MURDERS, KIDNAPPING, plants and there are ports and various AND SEXUAL ASSAULTS. outside of the United States, and an offender facilities that constitute real risk. (a) OFFENSE OF REWARDING OR FACILI- is a national of the United States, a stateless person whose habitual residence is in the Under the formula I am advocating, TATING INTERNATIONAL TERRORIST ACTS.— (1) IN GENERAL.—Chapter 113B of title 18, United States, or a legal entity organized the funding is allocated on the basis of under the laws of the United States (includ- risk that will take into account such United States Code, is amended by adding at the end the following: ing any of its States, districts, common- infrastructure. The notion somehow wealths, territories, or possessions).’’. ‘‘§ 2339E. Providing material support to inter- that the Department of Homeland Se- (2) TECHNICAL AND CONFORMING AMEND- national terrorism curity will not take chemical plants MENTS.— ‘‘(a) DEFINITIONS.—In this section: into account is simply incorrect. (A) TABLE OF SECTIONS.—The table of sec- ‘‘(1) The term ‘facility of interstate or for- tions for chapter 113B of title 18, United Rural States, small States, large eign commerce’ has the same meaning as in States—for all states, all of the alloca- States Code, is amended by adding at the end section 1958(b)(2). the following: tions that are made, other than the .25 ‘‘(2) The term ‘international terrorism’ has ‘‘2339D. Receiving military-type training percent guaranteed level of funding, the same meaning as in section 2331. from a foreign terrorist organi- would be made on the basis of risk. The ‘‘(3) The term ‘material support or re- zation. sources’ has the same meaning as in section Department of Homeland Security will ‘‘2339E. Providing material support to inter- 2339A(b). presumably make an educated, expert national terrorism.’’. assessment on the risk that exists in ‘‘(4) The term ‘perpetrator of an act’ in- (B) OTHER AMENDMENT.—Section Delaware, Maine or Connecticut. So it cludes any person who— ‘‘(A) commits the act; 2332b(g)(5)(B)(i) of title 18, United States is not as if those States would not be ‘‘(B) aids, abets, counsels, commands, in- Code, is amended by inserting ‘‘2339E (relat- getting money under this amendment. duces, or procures its commission; or ing to providing material support to inter- It is simply that the judgment of those ‘‘(C) attempts, plots, or conspires to com- national terrorism),’’ before ‘‘or 2340A (relat- experts, who are paid to determine mit the act. ing to torture);’’. what the threats are and what the ‘‘(5) The term ‘serious bodily injury’ has (b) INCREASED PENALTIES FOR PROVIDING risks are, would be the guiding basis the same meaning as in section 1365. MATERIAL SUPPORT TO TERRORISTS.— (1) PROVIDING MATERIAL SUPPORT TO DES- upon which we make these decisions. ‘‘(b) PROHIBITION.—Whoever, in a cir- IGNATED FOREIGN TERRORIST ORGANIZA- Mr. CARPER. Before the Senator cumstance described in subsection (c), pro- TIONS.—Section 2339B(a) of title 18, United yields, I have one further comment. I vides, or attempts or conspires to provide, material support or resources to the perpe- States Code, is amended by striking ‘‘15 take far greater comfort in the words trator of an act of international terrorism, years’’ and inserting ‘‘25 years’’. of my friend from Illinois. But what we or to a family member or other person asso- (2) PROVIDING MATERIAL SUPPORT OR RE- heard about Washington, DC,—this ciated with such perpetrator, with the intent SOURCES IN AID OF A TERRORIST CRIME.—Sec- place was a target. We had people who to facilitate, reward, or encourage that act tion 2339A(a) of title 18, United States Code, lost their lives not many miles from or other acts of international terrorism, is amended by striking ‘‘15 years’’ and in- where we are. There was another plane shall be fined under this title, imprisoned serting ‘‘40 years’’. trying to get here. Somehow this place, not more than 25 years, or both, and, if death (3) RECEIVING MILITARY-TYPE TRAINING results, shall be imprisoned for any term of FROM A FOREIGN TERRORIST ORGANIZATION.— our Nation’s capital, which we ac- years or for life. Section 2339D(a) of title 18, United States knowledge was a prime target on 9/11, ‘‘(c) JURISDICTIONAL BASES.—A cir- Code, is amended by striking ‘‘ten years’’ and probably is today, should somehow cumstance referred to in subsection (b) is and inserting ‘‘15 years’’. be allocated less funding under the for- that— (4) ADDITION OF ATTEMPTS AND CONSPIR- mulas—not the one in the bill but allo- ‘‘(1) the offense occurs in or affects inter- ACIES TO AN OFFENSE RELATING TO MILITARY cated less funding—doesn’t make sense state or foreign commerce; TRAINING.—Section 2339D(a) of title 18, to me. ‘‘(2) the offense involves the use of the United States Code, is amended by inserting The PRESIDING OFFICER. The Sen- mails or a facility of interstate or foreign ‘‘, or attempts or conspires to receive,’’ after commerce; ator from Illinois still has the floor. ‘‘receives’’. ‘‘(3) an offender intends to facilitate, re- (c) DENIAL OF FEDERAL BENEFITS TO CON- Mr. OBAMA. Madam President, I ward, or encourage an act of international VICTED TERRORISTS.— would like to yield the remaining time terrorism that affects interstate or foreign (1) IN GENERAL.—Chapter 113B of title 18, to the Senator from New Jersey. commerce or would have affected interstate United States Code, as amended by this sec- The PRESIDING OFFICER. There is or foreign commerce had it been con- tion, is amended by adding at the end the no controlled time. summated; following:

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2670 CONGRESSIONAL RECORD — SENATE March 6, 2007 ‘‘§ 2339F. Denial of Federal benefits to terror- (c) REPORTS ON DATA MINING ACTIVITIES BY and even Saddam Hussein have re- ists FEDERAL AGENCIES.— warded suicide bombers’ families for ‘‘(a) IN GENERAL.—Any individual who is (1) REQUIREMENT FOR REPORT.—The head of their acts. According to the BBC, Sad- convicted of a Federal crime of terrorism (as each department or agency of the Federal dam Hussein paid a total of $35 million Government that is engaged in any activity defined in section 2332b(g)) shall, as provided to terrorists’ families during his time. by the court on motion of the Government, to use or develop data mining shall submit a be ineligible for any or all Federal benefits report to Congress on all such activities of Obviously, Saddam Hussein’s actions for any term of years or for life. the department or agency under the jurisdic- are no longer a concern, but we should ‘‘(b) FEDERAL BENEFIT DEFINED.—In this tion of that official. The report shall be all be deeply concerned about other section, ‘Federal benefit’ has the meaning made available to the public, except for a wealthy individuals and financial insti- given that term in section 421(d) of the Con- classified annex described in paragraph tutions who continue to pay out these trolled Substances Act (21 U.S.C. 862(d)).’’. (2)(H). rewards. It is undoubtedly the case (2) TECHNICAL AND CONFORMING AMEND- (2) CONTENT OF REPORT.—Each report sub- that in some instances these payments MENT.—The table of sections for chapter 113B mitted under paragraph (1) shall include, for make the difference in whether an indi- of title 18, United States Code, as amended each activity to use or develop data mining, by this section, is amended by adding at the the following information: vidual will commit a suicide bombing. end the following: (A) A thorough description of the data My amendment would make it a Fed- ‘‘2339F. Denial of Federal benefits to terror- mining activity, its goals, and, where appro- eral crime, with extraterritorial juris- ists.’’. priate, the target dates for the deployment diction in cases that can be linked to (d) ADDITION OF ATTEMPTS OR CONSPIRACIES of the data mining activity. U.S. interests, to pay the families of TO OFFENSE OF TERRORIST MURDER.—Section (B) A thorough description, consistent suicide bombers and other terrorists 2332(a) of title 18, United States Code, is with the protection of existing patents, pro- with the intent to facilitate terrorist amended— prietary business processes, trade secrets, acts. (1) by inserting ‘‘, or attempts or conspires and intelligence sources and methods, of the My amendment also makes several to kill,’’ after ‘‘Whoever kills’’; and data mining technology that is being used or other needed improvements to our (2) in paragraph (2), by striking ‘‘ten will be used, including the basis for deter- mining whether a particular pattern or antiterrorism laws. years’’ and inserting ‘‘30 years’’. The amendment increases the max- (e) ADDITION OF OFFENSE OF TERRORIST KID- anomaly is indicative of terrorist or crimi- NAPPING.—Section 2332(b) of title 18, United nal activity.’’ imum penalties for existing material States Code, is amended to read as follows: Mr. KYL. Madam President, I rise support offenses. The material-support ‘‘(b) KIDNAPPING.—Whoever outside the today to address an amendment that I statutes have been the Justice Depart- United States unlawfully seizes, confines, in- have filed to the 9/11 recommendations ment’s workhorse in the war against veigles, decoys, kidnaps, abducts, or carries terrorists, accounting for a majority of away, or attempts or conspires to seize, con- bill, amendment no. 317. This amend- ment would prohibit rewarding the prosecutions. These statutes are also fine, inveigle, decoy, kidnap, abduct or carry very effective at starving terrorist away, a national of the United States, shall families of suicide bombers for such at- groups of resources. My amendment in- be fined under this title, imprisoned for any tacks, and stiffen penalties for other creases the penalty for giving material term of years or for life, or both.’’. terrorist crimes. (f) ADDITION OF SEXUAL ASSAULT TO DEFINI- The first part of the amendment support to a designated foreign ter- TION OF OFFENSE OF TERRORIST ASSAULT.— rorist organization from a maximum of Section 2332(c) of title 18, United States would create a new offense of aiding the family or associates of a terrorist 15 years to a maximum of 25 years. The Code, is amended— penalty for providing material support (1) in paragraph (1), by inserting ‘‘(as de- with the intent to encourage terrorist fined in section 1365, including any conduct acts. This provision is targeted at to the commission of a particular ter- that, if the conduct occurred in the special those individuals who give money to rorist act is increased from a maximum maritime and territorial jurisdiction of the the families of suicide bombers after of 15 years to a maximum of 40 years. United States, would violate section 2241 or such bombings. The amendment would And the maximum penalty for receiv- 2242)’’ after ‘‘injury’’; make it a Federal offense to do so if ing military-type training from a for- (2) in paragraph (2), by inserting ‘‘(as de- eign terrorist organization is increased fined in section 1365, including any conduct the act can be connected to the United States, and if die defendant acted with from 10 years to 15 years. The amend- that, if the conduct occurred in the special ment also adds attempts and conspir- maritime and territorial jurisdiction of the the intent to facilitate, reward, or en- United States, would violate section 2241 or courage acts of international ter- acies to the substantive offense of re- 2242)’’ after ‘‘injury’’; and rorism. ceiving military-type training, and de- (3) in the matter following paragraph (2), Let me offer an example of why this nies Federal benefits to persons con- by striking ‘‘ten years’’ and inserting ‘‘40 amendment is necessary. In August victed of terrorist offenses. years’’. Finally, my amendment expands ex- 2001, a Palestinian suicide bomber at- AMENDMENT NO 357 TO AMENDMENT NO 275 isting proscriptions on the murder or . . tacked a Sbarro pizza parlor in Jeru- assault of U.S. nationals overseas for Mr. KYL. I send a second amendment salem. He killed 15 people. Among terrorist purposes, so that the law pun- to the desk. those killed was an American citizen, The PRESIDING OFFICER. Without ishes attempts and conspiracies to Shoshana Greenbaum, who was a objection, the pending amendment will commit murder equally to the sub- schoolteacher and who was pregnant at be set aside. The clerk will report. stantive offense. The amendment adds the time. The assistant legislative clerk read a new offense of kidnapping a U.S. na- as follows: Shortly after this bombing took place, the family of the suicide bomber tional for terrorist purposes, regardless The Senator from Arizona [Mr. KYL] pro- of whether a ransom is demanded. And poses an amendment numbered 357 to amend- was told to go to the Arab Bank. The bomber’s family began receiving the amendment adds sexual assault to ment No. 275. the definition of the types of injury Mr. KYL. I ask unanimous consent monthly payments through an account at that bank, and later received a lump that are punishable under the existing that reading of the amendment be dis- offense of assault resulting in serious pensed with. sum payment of $6,000. According to accounts in the press, bodily injury. The PRESIDING OFFICER. Without I ask unanimous consent that a num- this is not the only time that the Arab objection, it is so ordered. ber of news articles be printed in the The amendment is as follows: Bank has funneled money to the fami- RECORD. (Purpose: to amend the data-mining report- lies of suicide bombers. One news ac- There being no objection, the mate- ing requirement to protect existing pat- count describes a branch of the bank in rial was ordered to be printed in the ents, trade secrets, and confidential busi- the Palestinian territories whose walls RECORD, as follows: ness processes, and to adopt a narrower are covered with posters eulogizing sui- definition of data mining in order to ex- [From the Federal News Service, May 11, cide bombers. 2005] clude routine computer searches) According to other news accounts, PROGRAM TRANSCRIPT—FUNDING TERRORISM At page 174, strike line 1 and all that fol- suicide bombers in the Palestinian ter- BRIAN WILLIAMS: Following the money lows through page 175, line 18, and insert the ritories are recruited with promises following: in the war on terrorism. As NBC News first ‘‘The terms ‘‘data-mining’’ and ‘‘database’’ that their families will be taken care reported a few weeks ago, U.S. government have the same meaning as in § 126(b) of Pub- of financially after the attack. Saudi regulators have uncovered evidence that sug- lic Law 109–177. charities, the Palestinian authority, gests a prominent Middle Eastern bank with

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2671 a branch here in New York City has had doz- were blacklisted by the U.S. It’s against the The documents reviewed by The Post in- ens of suspected terrorists as customers and law for banks in the U.S. to handle trans- clude a martyr kit for Maher Kamel Hbeishe, may even have transferred funds for sus- actions for terrorists on the blacklist. a Hamas fanatic who blew himself up on a pected al Qaeda terrorists through its New The bank says these three transactions Haifa bus Dec. 2, 2001, killing 15 Israelis and York office. still were legal because they occurred out- wounding 40. Now U.S. News has learned a criminal in- side the U.S., but that in the future it will Much of the kit’s paperwork carries the vestigation of the bank is under way. Our honor the U.S. blacklist worldwide. corporate logo of the Arab Bank—the Middle NBC News senior investigative cor- As for suicide bombers, the Arab Bank East’s most important and influential finan- respondent, Lisa Myers, has our exclusive re- strongly denies ever knowingly handling cial institution—and the numbers of the ac- port in depth. payments for bombers’ families. ’Arab Bank counts through which his family was paid. LISA MYERS: August 2001. A suicide considers suicide bombings an abominable The cover on Hbeishe’s file—in the records bomber hits the Sbarro pizza parlor in Jeru- human act.’ of Saudi relief committees—proclaims: ‘‘the salem, killing 15, including an American— Then what about the ad telling bombers’ martyrs receive reward from their Lord, Shoshana Greenbaum, a pregnant school- families to collect money at the Arab Bank? they and their light.’’ Replete with florid Arabic tributes to dead teacher. The bank says it didn’t place the ad. terrorists, the paperwork explains the man- The Palestinian bomber? Izz Ad-Din Al- After NBC provided account numbers for ner of death, making it clear that the bank Masri. His parents told NBC News that soon the Al-Masris, the bank froze their account, knew exactly whom it was giving money to after the bombing a group which helps fami- which the bank claims was opened before the bombing. and why. lies of suicide bombers told them they’d be If the terrorist were successful, the family compensated for their son’s ‘sacrifice.’ Shoshana Greenbaum’s father, who moved to Israel after her death, is now suing the would receive $5,316; being wounded or cap- ‘They told me to go to the Arab Bank and tured would earn them a lesser amount. bank. open an account and you will receive a sal- Though small by Western standards, the ALAN HAYMAN (Greenbaum’s father): ary.’ payments are more than six times the West This organization, if allowed to continue in He says almost immediately he began re- Bank’s average annual income of $850. ceiving $140 a month. And after the Israelis business with a mere slap on the wrist, would To get its money, Hbeishe’s family was leveled his house, he says he was told to go be sending a message that it’s perfectly all most likely contacted by the so-called ‘‘so- the bank and pick up more money. right to support terrorism. cial welfare arm’’ of Hamas and instructed to (Myers’ question to Shuhail Ahmed Al- MYERS: The Arab Bank, which Israeli offi- open up an Arab Bank account. Then rep- Masri, Izz Ad-Din Al- Masri’s father): So you cials call ‘the Grand Central Station of ter- resentatives of Hamas would use the infor- went to the Arab bank, and they gave you rorist financing,’ has been forced down much mation in the martyrs’ kit to provide the $6,000? of its U.S. operation but remains a dominant bank with the name of the attacker and the SHUHAIL AHMED AL-MASRI: Yes. Six player in the Middle East. beneficiaries getting checks. thousand dollars. The Saudi charities—called relief commit- MYERS: This is the branch of the Arab ARAB BANK’S TERROR TRIAL HIT tees—that provide the funding for the terror- Bank where Al-Masri’s father says he was A Federal judge in Brooklyn ordered Jor- ists make no secret of their activities, even told to open an account, where he says re- dan’s Arab Bank to stand trial in New York taking out full-page ads in newspapers. One ceived money almost every month for the on charges that it knowingly financed the such ad listed more than 1,000 individuals last three years. Palestinian suicide bombers who have killed who had been wounded or captured by the The branch, plastered with posters eulo- and maimed thousands, including many Israelis during the intifada and whose fami- gizing suicide bombers, isn’t the only one al- American citizens. lies were eligible for benefits. legedly paying bombers’ families. This ad in The survivors of suicide attacks in Israel Every ad explicitly directs the family a Palestinian newspaper told dozens of mar- and family members of Americans killed or members to go to Arab Bank. tyrs’ families to pick up money at the near- wounded in the attacks sued Arab Bank last A bank spokesman said, ‘‘Arab Bank ab- est branch of the Arab Bank. year. hors terrorism. The bank would never do Jimmy Gurule was a top U.S. official in The suits argue the bank had full knowl- business with individuals or organizations it charge of cutting off money to terrorists. edge of the acts committed by their clients knows to be terrorists.’’ JIMMY GURULE (former U.S. Treasury of- from Hamas, Palestinian Islamic Jihad and It said that the documents obtained by The ficial): Those types of payments were aiding the Al-Aqsa Martyrs brigades. Post proved only that relatives of the two and abetting terrorism. The victims also charge Arab Bank’s dis- suicide bombers had accounts there, which is MYERS: The FBI tells NBC News that it’s tribution of payments to the families of sui- not surprising given the bank’s 50 percent now conducting a criminal investigation into cide bombers was a part of the terror recruit- market share in the West Bank. Lee Wolosky, a lawyer suing the bank on the Arab Bank’s alleged movement of funds ing process. behalf of families murdered in terrorist at- for suspected terrorists. The investigation ‘‘[The charges] support an inference that tacks, said, ‘‘New Yorkers would be outraged was triggered after U.S. regulators examined Arab Bank and the terrorist organizations if a bank on Madison Avenue was alleged to Arab Bank operation in New York City, here were participants in a common plan under which Arab Bank would supply necessary fi- have provided financial support to the fami- in this building on Madison Avenue. lies of al Qaeda terrorists. These allegations U.S. officials tell NBC News that regu- nancial services to the organizations which are no different.’’ lators found that the bank had as customers would themselves perform the violent acts,’’ wrote U.S, District Judge Nina Gershon in 40 to 60 suspected terrorists and groups alleg- [From the BBC News] edly associated with al Qaeda, Hamas and an opinion released yesterday. PALESTINIANS GET SADDAM FUNDS Hezbollah. Officials say all had accounts In July, The Post broke the story that the with the bank or had moved money through bank required intricate and official so-called Saddam Hussein has paid out thousands of the NEW YORK office. Martyr’s Kits to process the payments, con- dollars to families of Palestinians killed in GURULE: I’m not aware of another situa- crete proof that the bank knew where its fighting with Israel. Relatives of at least one suicide attacker tion involving a bank operating in the payments were destined. as well as other militants and civilians gath- United States that has conducted itself in A bank spokesman said ‘‘Arab Bank re- ered in a hall in Gaza City to receive such a manner. mains confident that it will prevail at trial. The bank abhors terrorism and has not, and cheques. MYERS: The Arab Bank, headquartered ‘‘Iraq and Palestine are in one trench. Sad- here in Jordan, turned down repeated re- would not, knowingly or willfully support terrorism.’’ Judge Gershon dismissed the dam is a hero,’’ read a banner over a picture quests for an interview, so we visited bank of the Iraqi leader and Palestinian leader headquarters in Amman. bank’s argument that these were ‘‘ordinary banking services.’’ Yasser Arafat at the ceremony. (Myers at the bank): Lisa Myers with NBC With war looming in the Middle East, Pal- She said ‘‘there is nothing routine about News. estinian speakers condemned the United the services the bank is alleged to provide.’’ MYERS: We only got as far as the lobby. States and Israel, which dismissed the cere- OMAR AL-SHEIK (Arab Bank official): Of mony as support for terrorism. SICK ‘MARTYR KITS’—SECRET FILES FINGER course not. One by one, at least 21 families came up to BANK IN MIDEAST TERROR PAYOFFS MYERS: Does the bank believe it’s proper receive their cheques from the Palestinian to move money to help terrorists’? Secret documents known as ‘‘martyrs’ Arab Liberation Front (PALF), a local pro- OMAR AL-SHEIK: Of course not. kits’’ obtained by The Post provide a star- Iraq group. MYERS: In a statement, the Arab bank de- tling glimpse into the world of suicide bomb- A Hamas suicide bomber’s family got nies ever knowingly doing business with ter- ers, who are recruited with promises that $25,000 while the others—relatives of mili- rorists. And officials insist the bank has their families will be well taken care of fi- tants killed in fighting or civilians killed never moved money for anyone officially nancially. during Israeli military operations—all re- designated a terrorist by the U.S. govern- These kits ensure that the families of ceived $10,000 each. ment. Hamas, PLO and Palestinian Islamic Jihad Another banner in the hall described the However, NBC News provided the bank killers get generous ‘‘charitable donations’’ cheques as the ‘‘blessings of Saddam Hus- with these documents showing it dealt with from Saudi Arabia-based organizations and, sein’’ and PALF speakers extolled the Iraqi three Hamas terror groups, even after they while he was in power, Saddam Hussein. leader in fiery speeches.

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2672 CONGRESSIONAL RECORD — SENATE March 6, 2007 ‘‘Saddam Hussein considers those who die The Palestinian Authority has also taken threaten the entire Middle East and stand in in martyrdom attacks as people who have action to support terrorists within its juris- the way of resolving the current crisis and won the highest degree of martyrdom,’’ said diction. Rachel Ehrenfeld reported on the bringing lasting peace to this troubled re- one. Palestinian Authority’s continuing financial gion.’’ The party estimated that Iraq had paid out support of terrorists in a November 29 Jeru- One wonders what the leader of the free $35m to Palestinian families since the cur- salem Post column. Ehrenfeld cited a senior world needs to witness before he connects rent uprising began in September 2000. PA official explaining that the Palestinian the dots. Radical Islam, or Islamofascism, as Saddam’s avowed support for the Palestin- Authority has created a special committee he himself described it on other occasions, is ians, and his missile attacks on Israel during to determine the pension eligibility of all not limited to the Middle East, or promoted the Gulf War, have won him wide backing in members of armed organizations. Earlier re- and advanced only by Iran, Hezbollah and the territories. ports indicate that the Palestinian Author- Syria. Sunni radicals such as Hamas, Islamic Israel condemned the Iraqi handouts as ity contributes $4 million a month to sup- Jihad and the numerous offspring of al Qaeda funding for terrorism. port terrorists held in Israeli jails. (For pose similar threats to Israel, the region, the ‘‘It shows that Saddam is involved in every those looking to see the glass as half full, PA United States and the rest of the world. All radical Muslims, according to the activity that is terrorism and murderous and finance minister Salam Fayad resigned over president, are terrorists ‘‘target[ing] nations leads to instability in the Middle East,’’ said this issue—which is a truly optimistic devel- Amira Oron, a spokeswoman for the Foreign whose behavior they believe they can change opment.) through violence.’’ Their goal, he said, is to Ministry. Earlier this month Israel National News However, families at this week’s ceremony ‘‘establish a radical Islamic empire that reported that President Abbas approved a spans from Spain to Indonesia.’’ Then, they said the money would be used to rebuild law providing financial support to the fami- ‘‘would be able to advance their stated agen- homes destroyed by Israel and bring up or- lies of ‘‘shahids’’ (martyrs)—including sui- da: to develop weapons of mass destruction, phaned children. cide bombers. Abbas’s approval of the law to destroy Israel, to intimidate Europe, to ‘‘Saddam supports the families of the mar- was announced in the pages of the semi-offi- assault the American people, and to black- tyrs, not terrorism,’’ said Ahmed Sabah, 69, cial PA newspaper, Al-Hayat Al-Jadida the mail our government into isolation.’’ whose son was killed by an Israeli missile day of the Netanya bombing. (In addition to ‘‘Against such an enemy there is only one strike in December. the sums indicated in the linked story, the effective response,’’ concluded Mr. Bush: ‘‘It is a shame that Arabs stand silent as law provides for a lump sum payment of ‘‘We will never back down, never give in, and America prepares to occupy Iraq.’’ $2,200 to the surviving family of ‘‘martyrs.’’) never accept anything less than complete Israel blamed Mr Sabah’s son Mustafa for The law would allow the Palestinian Au- victory.’’ Yet, Israel is pressured for re- bomb attacks on three Israeli tanks which thority to step into the role—recently va- straint by most U.S. allies, including the killed seven soldiers in 2002. cated by Saddam Hussein—of providing fi- Saudis. Tahseen Maghani, whose Hamas militant nancial support to the families of suicide Nonetheless, the White House, politicians son Karam was killed trying to infiltrate the bombers attacking Israel. Asked for com- and the international media fall all over Jewish settlement of Netzarim, said he ment, a U.S. State Department Near East themselves to praise the Saudis for admon- would use the money to plant crops and spokesman noted that Abbas had not signed ishing Hezbollah as yet more evidence of build a house. the law and that the State Department had their commitment to ending extremism. In ‘‘These are tough times for Saddam but his expressed its concern to Abbas regarding it. fact, the Saudis demonstrate their commit- kindness will help us a lot,’’ he said. That’s technically true: The law has been ment only to end Shi’a extremism. In typical ‘‘Saddam is the only one that has stood passed twice by the PA legislative council. double-talk, while lambasting Hezbollah, the with us.’’ Abbas’s signature and a third approval of the Saudis refrain from condemning Hamas, and Sabri Salama, a relative of two Palestinian law by the PA legislative council are nec- in fact, they are its principal financiers from teenagers killed in an Israeli air strike on essary for final enactment. Perhaps the the beginning. Gaza in January, said America was ‘‘the State Department’s expression of concern On Tuesday, the Saudi Government an- chief terrorist state’’. will head off its final enactment. Yet that nounced generous financial contributions to Ibrahim Zanen, a PALF spokesman, said the law that reached President Abbas’s of- rebuild Lebanon and Palestine. The Saudis he hoped the ceremony would not be the last. fice—and that he appears to have announced also held a well-advertised ‘‘popular fund- his approval of it—seems telling. raising campaign,’’ urging Saudis, all Arabs [From the Daily Standard, Dec. 19, 2005] and Muslims ‘‘to show the usual generosity and commitment towards the Arabs and MEET THE NEW BOSS—PRESIDENT ABBAS’S [From the Washington Times, July 31, 2006] Muslim Nation.’’ Last week’s Saudi Telethon PALESTINIAN AUTHORITY LOOKS DISTRESS- ISLAMIST TERROR TWINS; SHI’ITE, SUNNI raised $32 million, and an additional $13.5 INGLY FAMILIAR JIHADISTS POSE DANGER million was raised in the UAE. There is little (By Scott Johnson) (By Rachel Ehrenfeld) doubt that some of this money would find its Are things getting better in Israel? Charles It took the United States four years after way to the families of ‘‘martyrs’’ from Krauthammer recently observed that ‘‘the September 11 to develop a useful working Hezbollah, Hamas and Islamic Jihad car- more than four-year-long intifada, which left definition of the gravest danger to world rying out the ‘‘mission’’ of Jihad. more than 1,000 Israelis and 3,000 Palestin- peace. Last October President Bush finally This fundraiser brings back memories of ians dead, is over. And better than that, de- identified our enemies: ‘‘Islamic Radicals previous Telethons such as the April 2002 feated.’’ Krauthammer believes that Israel’s . . . empowered by helpers and enablers . . . King Fahd-sponsored fundraiser for the Pal- Gaza withdrawal was a success and that the strengthened by front operations who ag- estinian intifada, and the August 2005 Saudi electoral campaigns underway in both Israel gressively fund the[m].’’ Making no distinc- fundraiser for the Palestinian cause, aired on and the Palestinian Authority can fairly be tion between Sunni or Shi’ite radicals, he Iqra TV. The organizers then stated: ‘‘Jihad attributed to Israeli unilateralism and Pal- concluded that defeating ‘‘the murderous is the pinnacle of Islam. A person who can- not wage Jihad with his soul is required to estinian maturation. ideology of the Islamic Radicals,’’ is the wage Jihad with his money . . . our brothers All of which may be true. Yet the news ‘‘great challenge of our century.’’ in Palestine desperately need financial sup- from Israel isn’t all good. Far from it. The Mr. Bush keeps addressing the turmoil in port, which goes directly to this cause, and terror war against Israel certainly con- the Middle East focusing on Hezbollah as a helps them to carry out this mission.’’ On tinues. Every day Israeli security forces re- regional struggle. Yet, defeating Israel and July 27, $29 million were raised in the latest ceive 10 to 30 security alerts regarding pro- controlling the Middle East is only part of Saudi telethon. Some of this money would spective attacks within Israel. Only the suc- the global mission of both Sunni and Shi’ite surely find its way to the families of ‘‘mar- cessful attacks make the news, such as the terrorists. Their goal is to establish the Ca- tyrs’’ from Hamas and Islamic Jihad car- December 5 bombing that took five lives at liphate, extending the rule of Shariah to the rying out the ‘‘mission’’ of Jihad. the mall in Netanya. entire world. The radical Sunni modus operandi differs More worrisome is that the terror groups Israel is now fighting two of radical Is- not at all from that of Hezbollah’s Shi’ite operate at will within the Palestinian Au- lam’s most virulent versions—the Shi’ite terrorists. Al Qaeda and Hamas also provide thority. Among them are Hamas, Hezbollah, Hezbollah and the Sunni Hamas. Israel fights social services, jobs, medical care and and Palestinian Islamic Jihad—all groups not only for its own survival. Its ability to schools to the needy. And like Iran and with foreign bases of support in Syria, Iran, defeat Hamas and Hezbollah will determine Hezbollah, the Saudis use their fortunes both or Saudi Arabia. These groups parade openly the survival of the United States and all to fund radical terrorist groups and to de- and operate with impunity within the terri- Western-style democracies. velop vast international Islamic communica- tory of the Palestinian Authority. The nu- When Hezbollah attacked Israel over two tions networks which they leverage in order merous security services of the Palestinian weeks ago, Mr. Bush accused Syria of being to expand their anti-American and anti- Authority have yet to disarm them. Other the primary sponsor of Hezbollah, providing Israel propaganda, while aptly manipulating terror groups actually operate as militias it with shipments of Iranian-made weapons. U.S. leaders and the media. under the umbrella of Fatah, the party over The president added: ‘‘Iran’s regime has also The Saudi fears of a nuclear Iran are be- which Palestinian Authority President repeatedly defied the international commu- hind their condemnation of Hezbollah. How- Mahmoud Abbas presides. Among them, for nity with its ambition for nuclear weapons ever, since Hassan Nasrallah is now the lead- example, is the al-Aqsa Martyrs’ Brigade. and aid to terrorist groups. Their actions ing figure of the Arab world, supported by

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We don’t have exact figures, propaganda by Sunni radical groups world- So the terrorists made calculations but let’s assume we are talking about wide funded by Saudi paymasters should about where and how they could inflict around $80 million that would be shift- serve as potent reminder for the U.S. to de- the most damage on our Nation be- ed from guaranteed funding to the mand that our Saudi ‘‘ally’’ stop their own cause while New York and the Pen- States and instead would be allocated terrorist financing and the propagation of tagon were the epicenters of that act, on the basis of risk. That $80 million their own version of radical Islam, will mean firefighters are getting the Wahhabism, around the world. Moreover, the the reality is the ripple effect came United States should focus on developing al- across economically as well as in terms equipment they need in States that ternative energy sources, consequently re- of the loss of lives across the whole have higher risks. It will mean more ducing billions of dollars now available to country. But they understood the un- money will be available for interoper- fund terrorism. avoidable facts of where their targets ability systems. It means this money The PRESIDING OFFICER. The Sen- were. Their targets were not in rural will be allocated to States that have ator from New Jersey is recognized. parts. They may have hidden there as chemical plants and nuclear plants in AMENDMENT NO. 338 they got ready to commit their das- higher proportion than those States Mr. MENENDEZ. Madam President, I tardly act. Their targets were in the that do not. In each case, this money, rise in strong support of the amend- places they could make unavoidably under my amendment, will be allocated ment by my distinguished colleague the greatest impact. The fact is, these on the basis of the risk assessments from Illinois. His effort is not about Il- targets are consistently in some of the made by experts, as recommended linois or any of the other significant most densely populated areas of the under the 9/11 Commission Report, and States. His effort ultimately cul- Nation where the greatest risk lies. will not be allocated simply on the minates in 34 States getting additional This debate should not be about basis that every State gets a piece of funds and moving far closer to the 9/11 fighting to maintain a certain level of the pie regardless of risk, threats and Commission’s unanimous bipartisan funding as general revenue sharing. At vulnerabilities. recommendation that funding for issue is how to best allocate limited re- To go back to the issue of how many homeland security should follow risk sources to those parts of our Nation States benefit or lose, my main point is and risk alone. facing the greatest risk. Senator that we all win when the money is allo- Having said that, he still doesn’t OBAMA does that by having 34 States cated on the basis of risk. We all win. deny to other States the opportunity enhance their position and 6 being un- Every State wins. But in terms of the to have some baseline of homeland se- changed. estimates of which States gain and curity funding. He still preserves an We cannot deny that some States which States lose, I reiterate, the chart element for all States. But I think here simply have more risk than others. that was put up by the Senator from is how we determine the equation. It is Some States simply have more risk Maine is only talking about the very interesting that one chart says 32 than others. Just as I would not argue amount of money that is allocated on States and the District of Columbia for the same share of agricultural fund- the basis of guaranteed funding, not will lose, but that depends upon the ing for New Jersey as Iowa, or I could based on risk. The additional funding, factor you are using. not possibly make an intellectually the lion’s share of the funding, as the The reality is, under Senator honest fight for the same level of hurri- Senator from Delaware stated, will be OBAMA’s amendment, which I am proud cane preparedness as Florida, neither allocated on the basis of risk, and once to cosponsor, when you include the to- can many of my colleagues argue that you factor that in, then you can be as- tality of homeland security funds, 34 some States have the same risks as sured that the overwhelming majority States receive an increase—that is a other States throughout the Nation. If of States will get more money under significant majority of the States—and we had unlimited funds, that would be my amendment than they will under we move closer to the public policy different. That is not the case. The the underlying bill. That is the central recommendation the 9/11 Commission case is, we have limited funds. point. Don’t get confused when it is made that all homeland security fund- Senator OBAMA’s amendment clearly stated that 32 States stand to lose ing should be based on risk and risk drives us closer and closer to risk being money under this amendment. They alone. the determining factor. That is what stand to lose the guaranteed money be- Now, whether you were on the street the 9/11 Commission unanimously said, cause more money goes back into risk below at the World Trade Center or that is what the 9/11 families have said, assessment, and once it is put back across the river in New Jersey watch- that is what the Chairman and Vice into the States, then you will see a ma- ing the towers burn or halfway across Chairman of the 9/11 Commission said, jority of States gaining under my the country watching the horrific that is what the amendment of the amendment. events unfold on television, we all ex- Senator from Illinois ultimately does, Madam President, there is one last perienced the blow our Nation suffered and that is why I am proud to be a co- point I wish to reiterate. One of the that day. sponsor of the amendment and one that seemingly plausible arguments made I say to my distinguished colleague ultimately understands that there by the Senator from Connecticut and from Maine who mentioned a stone—I clearly are greater risks in certain the Senator from Maine was that we forget exactly—a location in Georgia parts of the Nation. The terrorists want an all-hazards funding approach— and some other locations in rural parts know that. They understand the great- hurricanes, natural disasters. We want of America where supposedly some of est consequences they can strike at to make sure that money is fairly allo- the terrorists were, but where were and create the greatest horror for their cated. I reiterate, that is not the point their targets? Not where were they hid- efforts, and that is going to be a con- of this program. We have another pro- ing, but where were their targets? tinuing truth. It is a continuing truth gram that allocates on the basis of all Their targets are very clear. I hope the Senate will acknowledge in hazards. That is the Emergency Man- We all suffered a blow that day, but voting for Senator OBAMA’s amend- agement Planning Grant Program. there is something unique about the lo- ment. So if they want to make an argument cations that were chosen by the terror- I yield the floor. that money should be allocated to all ists to strike. Thousands work in the The PRESIDING OFFICER. The Sen- States at a certain percentage to guar- Pentagon. Roughly 50,000 people ator from Illinois. antee minimum funding for all hazards worked in what was the World Trade Mr. OBAMA. Madam President, I funding, that is entirely sensible, but Center, and 200,000 visitors used to go thank my distinguished colleague from that is not what this funding stream is there on any given day, including New Jersey for an eloquent summation all about. This funding stream is sup- many of the people from my home of what this amendment is about. What posed to address the specific risks and

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I thank my colleague from While we are on this subject, there was so essential in Hurricane Katrina; Connecticut, the chairman of the com- was a reference earlier on the question Purchasing and maintaining equip- mittee, for entertaining as many ques- of how the money is being spent. We ment, such as interoperable commu- tions as he did, and I thank him for his hear references to this now famous air- nications devices that are critical to patience. conditioned garbage truck from New responding to a disaster; I reiterate that the underlying bill is Jersey. Likewise, there was apparently Additional measures, including over- an improvement over the status quo, a police department that is purported time personnel costs, when required to but the same principles that drove the to have purchased leather jackets for respond to an increase in the threat Senator from Connecticut and the Sen- its officers. Presumably, allegedly, level under the Homeland Security Ad- ator from Maine to change and reduce these items where purchased with visory System; the amount of minimum funding each State homeland security grant funds. The protection of critical infrastruc- State obtains is the same principle of If, in fact, that is what happened—al- ture and key resources; and Establishing fusion centers that com- my amendment. I just take it a step though there is some suspicion that ply with specific information-sharing further. the air-conditioned garbage truck was guidelines as described in title I of this In fact, I wouldn’t be surprised that bought with funds that came through bill. if you applied the manner of calcu- the Department of Justice, not the S. 4 also ensures that the Department lating funding that was up on the chart State homeland security grant fund- has the flexibility to approve activities behind the Senator from Maine, it is ing—it was, obviously, wrong and unac- funded by the grants, but again, all ex- not clear to me you wouldn’t see a ceptable. This has been used to under- penditures must be tied to the achieve- whole bunch of States losing under the cut support for the program generally. ment of target capabilities. change the Chairman has proposed as I assure my colleagues, however they Additionally, S. 4 contains explicit well. But what he realizes and the rea- vote on the funding formula—and, inci- restrictions on the use of homeland se- son he thinks the underlying bill dentally, New Jersey is one of the curity grants: We prohibit funds from makes sense is because that money is States, as the Senator from New Jersey being spent on recreational or social going to be distributed based on risk, indicated, that would gain under the purposes. and in the end a lot of States will do amendment of the Senator from Illi- These provisions, backed up by ex- better. This amendment is no different. nois high-risk States can misspend tensive accountability and audit re- It simply takes it a step further in line money just as easily as low-risk quirements, will ensure that funds are with what the House has done and in States. In fact, they have more money spent in the most efficient and effec- line with what the 9/11 Commission Re- to spend, so the probability is higher. tive way possible. Some have suggested port recommends. Here is what I want to assure my col- that the misuse of grant funds in the I urge all my colleagues to join on leagues: S. 4, the underlying bill, is de- past has been a result of extraneous this amendment. I believe it will be an signed to make sure the money we send funds being distributed in the form of a improvement not just for some States back to the States and localities is State minimum. But, in fact, I point but for the entire country. spent for homeland security. Under out that the air-conditioned garbage I thank the Chair. Homeland Security Presidential Direc- trucks were purchased by New Jersey— The PRESIDING OFFICER. The Sen- tive No. 8, the Department of Home- a State which my colleagues have ator from Connecticut. land Security has issued target capa- pointed out is one of the higher-risk Mr. LIEBERMAN. Madam President, bilities for prevention, preparedness, States, and has, in fact, received a sig- I thank my friend from Illinois. It has and response that all communities nificant portion of antiterrorism fund- been a good debate. Again, we don’t must be able to achieve. What are tar- ing. Likewise, the leather jackets were have these often enough on the floor. get capabilities? They include risk purchased by the D.C. Police Depart- I hope our friends understand the dif- management, citizen preparedness, in- ment—again, one of the areas of the ference. Again, we know we are basing formation sharing, intelligence gath- country with the highest risk assess- our comparison of the two formulas on ering, and medical triage—all nec- ments. So no State should be consid- the guaranteed minimums, which are essary elements of homeland security ered immune from such expenses, and the only things we can be sure about. and disaster response. it is wrong to imply a link to State My friend from Illinois takes the risk Under the Post Katrina Act that minimums. S. 4 will ensure that each assessment from this year and projects stemmed from our committee’s inves- grant awarded is tied to a carefully it forward. It happens to have under- tigation of Government failures during analyzed homeland security plan, and funded the District of Columbia, which Hurricane Katrina, the Senate and the is expended for a specific target capa- is why they lose under this proposal as House and the President implemented bility. well. I will leave that for the moment these target capabilities as statutory Madam President, I suggest the ab- and simply say that we are having a requirements. So S. 4 requires that all sence of a quorum. good debate about how to distribute homeland security grants must be The PRESIDING OFFICER. The the money. spent in a way that works to reach the clerk will call the roll. One thing I believe we all agree on— specific target capabilities stipulated The legislative clerk proceeded to I know my friend from Illinois and I by the Department of Homeland Secu- call the roll. certainly do—is that the Federal Gov- rity and the national preparedness Ms. COLLINS. Madam President, I ernment has been underfunding the goal. Obviously, this air-conditioned ask unanimous consent that the order State Homeland Security Grant Pro- garbage truck would be an illegal ex- for the quorum call be rescinded. gram and all the others. So while we penditure, as would the purported pur- The PRESIDING OFFICER. Without have these significant arguments about chase of leather jackets for a police de- objection, it is so ordered. how to divide the pie, the other part of partment somewhere in America. In Ms. COLLINS. Madam President, ear- this debate—which, fortunately, we turn, each of these expenditures, lier today, the Senate tabled an amend- have an agreement on—is that the pie whether at the State, local, or tribal ment offered by the Senator from should be bigger. level, must be consistent with a State South Carolina, Mr. DEMINT, that In this bill, for State homeland secu- homeland security plan that is re- would have struck all of the provisions rity grants, we go back to the high quired by S. 4. in the bill related to the employment level of fiscal year 2004, $3.1 billion. S. 4 authorizes specific uses for the rights of the employees of the Trans- Quite shockingly, the administration grants; among which are the following: portation Security Administration,

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I will be more than Through our committee’s work on now that we should proceed with pro- happy to be interrupted by the chair- homeland security, it has become clear viding TSA employees important pro- man. that the ability to respond quickly and tections enjoyed by other Federal em- Mr. LIEBERMAN. I thank the Sen- effectively to changing conditions, to ployees. Let me mention two such im- ator. emerging threats, and to crisis situa- portant protections with which we Mr. COBURN. Mr. President, I am a tions is essential. From the intel- should proceed. The first is to bring member of the Homeland Security and ligence community to our first re- them under the Whistleblower Protec- Government Affairs Committee, as is sponders, the key to this response is tions Act. There is simply no reason the Presiding Officer today. We have flexibility, putting assets and, more TSA employees should not enjoy the gone through this bill—this is the sec- importantly, personnel where they are formal protections and procedures set ond time—looking at 9/11 and what we needed, when they are needed. forth in that act. need to do in terms of our risk, in My question about giving TSA em- Second, these TSA employees should terms of how we protect the homeland. ployees the right to collectively bar- have the same kinds of rights as other As this bill is drafted, its implemen- gain is whether this additional right Federal employees to appeal adverse tation authority never expires. It never stops. So what we have is approxi- would hamper flexibility at this crit- employment actions—disciplinary ac- mately $4 billion a year from now on. ical time. tions, for example, demotions, even Actually, what we say is: however I have been a strong supporter of firings—to the Merit System Protec- much money is needed in year four of Federal employees throughout my time tion Board. That would give them an the bill to be spent on homeland secu- in the Senate. I very much appreciate independent agency to review their rity, whether or not we need to or the work they do not only in the De- complaints, and that is an important whether it is time to relook at the pri- partment of Homeland Security but protection as well. throughout the Federal Government. It orities of the bill. In addition to these two very impor- This is an amendment that I offered is my hope that we will be able to work tant provisions, the amendment makes in committee. I got one Democratic cooperatively to forge a compromise clear that TSOs have the right to join vote for it and my own. But what this that preserves the needed flexibility labor unions. My amendment also re- amendment does is sunset this bill in 5 that has been described to us in both quires TSA to establish a pay-for-per- years and says it is time to take a look classified sessions and open hearings formance system. That already exists at it again. while protecting the rights of TSA em- in the agency, but we want to codify One of the critical things we did fol- ployees. These are employees who are that. lowing 9/11 was the PATRIOT Act, and working hard every day to protect us. Finally, the amendment would re- we sunset it. Last year we took it up The TSA is charged with great re- quire TSA and the Government Ac- again and we sunset a good portion of sponsibility. In order to accomplish its countability Office, GAO, to report to it again. So we will look at it again. critical national security mission, the Congress in 1 year to assess employ- This bill is never sunset. It is like the Aviation Transportation Security Act ment matters at TSA, indicating what hundreds of other bills this body has provided TSA with the authority to further changes, if any, should be made passed, that we pass and we never look shift resources and to implement new in the TSA personnel system. at again. We never do oversight. We procedures daily—in some instances I believe this takes the right ap- never make the decisions. We just let hourly—in response to emergencies and proach. This is not an all-or-nothing the money keep rolling out the door changing conditions. This authority debate, and yet that is what we seem and charging it to our grandchildren. enables TSA to make the best and full- to have boiled it down to. I urge my This is a very simple, straightforward est use of its highly trained and dedi- colleagues to take a look at the amendment. cated workforce. amendment. I am very pleased to have All this amendment says is that 5 We have already seen the benefit of the cosponsorship of several Senators, years from now, this one goes ‘‘time this flexibility. In both the aftermath and I hope that we will have the oppor- out,’’ it is over, do it again with a fresh of Hurricane Katrina and the thwarted tunity to vote on it, if not today, to- look at the problems that we face in airline bombing plot in Great Britain morrow. this very dangerous world, a fresh look last year, TSA was able to change the Madam President, I suggest the ab- at the success we have made, the ac- nature of its employees’ work and even sence of a quorum. complishments today, and ask where the location of their work in response The PRESIDING OFFICER. The we need to go. to these emergencies. Last December, clerk will call the roll. The bill, as written, assumes that when blizzards hit the Denver area and The legislative clerk proceeded to nothing in the future, in terms of our many local TSA officers were unable to call the roll. risk, is going to change. I would put get to the airport, the agency acted Mr. COBURN. Madam President, I forward 5 years from now everything quickly, flying in voluntary TSOs from ask unanimous consent the order for will have changed in terms of the risks Las Vegas to cover the shifts and cov- the quorum call be rescinded. that we are going to face. If we have ering the Las Vegas shifts with officers The PRESIDING OFFICER. Without done our jobs right with this bill, many transferred temporarily from Salt objection, it is so ordered. of the areas of preparedness that we Lake City. Without the ability to rap- AMENDMENT NO. 294 are attempting to direct funds to in idly ask for volunteers and deploy Mr. COBURN. Madam President, I this bill will be solved. Why should we them to Denver, the Denver airport want to discuss an amendment that has continue to have money going to areas would have been critically understaffed been previously called up, amendment that we have solved rather than redi- while hundreds, perhaps thousands, of No. 294. This is an amendment on the rect money to areas that we have not travelers were stranded. This flexi- 9/11 bill. solved, or maybe for our children’s bility is essential. Mr. LIEBERMAN. Madam President, sake, not spend any money because The legislation before the Senate is will the Senator yield for a question? there is no need other than the need for designed to implement the unfulfilled Mr. COBURN. I will be happy to yield politicians to tell people at home that recommendations of the 9/11 Commis- for a question. we sent money to them. sion. Most of those recommendations Mr. LIEBERMAN. I have no objec- So this is a very simple, very were enacted in 2004, but when we look tion, obviously, to the Senator from straightforward amendment that says at this report we don’t see rec- Oklahoma proceeding to the discus- improving America’s security by im- ommendations about changing the em- sion. I want him to know that Senator plementing the unfinished rec- ployees’ conditions at TSA. Before we COLLINS and I are negotiating a con- ommendations of the 9/11 Commission

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2676 CONGRESSIONAL RECORD — SENATE March 6, 2007 Act of 2007 will cease having an effect to be reauthorized or it will go out of exist- it with competence that we know what on December 31, 2012. ence. And we are going to look back and see is best for our country, which we can- Good government is what the Amer- what happened with the PATRIOT Act so we not predict today under this bill. ican people both expect and desire. can make a better decision in the future. I yield the floor. They also deserve good government. I have trouble not understanding why The PRESIDING OFFICER. The Sen- They deserve the wisdom of knowing that same wonderful logic and great ator from Connecticut. we cannot know what is in the future common sense should not be applied to Mr. LIEBERMAN. Madam President, today, so let’s limit what we do until this bill. I ask unanimous consent that at 4:10 we can relook at it again. Senator REID in 2005: p.m. today the Senate resume debate Having held 46 hearings with Senator But we are currently considering renewal on the following amendments, and that CARPER in the last 18 months on the of those provisions that were considered so the time until 5:30 p.m. run concur- Federal Financial Management Sub- expensive or so vulnerable that Congress rently: Feinstein amendment No. 335, committee of the Homeland Security wisely decided for a 4-year sunset. Obama amendment No. 338, and Leahy and the Government Affairs Com- The author of the act wanted Con- amendment No. 333; that all time be di- mittee, what we know is what Con- gress to reassess in a more deliberative vided and controlled between the chair- gresses have done in the past have cre- manner with the benefit of experience. man and ranking member of the Home- ated about $200 billion worth of waste We are presented with an opportunity land Security Committee and the spon- per year in this country. again now, 4 years later, to get it right. sors of the amendments; that no Now, sadly, the Congress refuses to Why would we not want to sunset this amendments be in order to any of the address those duplications, the fraud bill? I have even a bigger one. Why do amendments covered under this agree- and the waste that is associated with we not want to sunset every bill, to go ment prior to the vote; that there be 2 that $200 billion worth of waste, fraud, back and look at it and reassess it so minutes of debate between each vote; and abuse. We should not add to that. we get rid of the waste, the fraud and that the amendments be voted in the We should not have a program that duplication, to do the very things that order listed under this agreement, and goes on ad nauseum addressing needs of we were sent to do? that at 5:30 p.m., without further inter- today and saying it is OK. I will not spend a great deal more vening action or debate, the Senate All I am asking with this amend- time. I recognize that the ranking proceed to vote in relation to each ment, and I think most commonsense member, Senator COLLINS, and Senator amendment covered under this agree- Americans would ask, what is so hard LIEBERMAN have some business they ment. about saying this ends and we have to want to consider. I would remind Sen- The PRESIDING OFFICER. Without look at it again in 2012? Make the deci- ators there is no score on this bill. CBO objection, it is so ordered. sion again based on what the very real hasn’t scored this bill. We know the Mr. COBURN. Madam President, I risks are and, oh, we might even con- one from the House was $20 billion. would ask unanimous consent that sider what our financial condition is Should we not look at $20 billion worth after the three votes I be recognized on when we decide what we are going to of spending again in 5 years and ask if the floor for another amendment. spend on security and what else might it is under our priorities? Were we The PRESIDING OFFICER. Is there ought not be paid for by the Federal wise? What have we learned? What can objection? Government as we fund homeland secu- we do better? What worked? What did Mr. LIEBERMAN. I would object for rity and protect this Nation. not work? This provision will cause us to review the moment pending a conversation be- Why would we not want to do that? I the needed programs and authorize tween the Senator from Oklahoma and think it is a no-brainer to sunset this spending. It will cause us to make bet- the managers of the bill. bill so that we, in fact, can learn from ter decisions 5 years from now than we The PRESIDING OFFICER. Objec- our mistakes, learn from our priorities, can make today. tion is heard. I will draw the corollary as a primary look at the world the way it will be 5 Ms. COLLINS. Madam President, I care physician, what I know about my years from now rather than the way suggest the absence of a quorum and 55-year-old patients with hypertension the world is today, and also, yes, con- ask that the time be charged equally and high cholesterol. And I am going to sider the fiscal situation in which we between both parties. have an example today. I said: Here is find ourselves. The PRESIDING OFFICER. Without what you need to do for the next 5 I also am adamantly opposed to any objection, it is so ordered. The clerk years. Do not come back and see me. piece of legislation that says, ‘‘such will call the roll. Your risks probably are not going to sums.’’ Well, does this legislation mean The assistant legislative clerk pro- change. I can predict exactly what you we want to spend $100 billion 6 years ceeded to call the roll. are going to need. Do not worry. I will from now? That is what we are saying Ms. COLLINS. Madam President, I just give you prescriptions for the next if we are giving to the Appropriations ask unanimous consent that the order 5 years. Committee all our power to make the for the quorum call be rescinded. That is what we are doing on this decision on areas that are under our The PRESIDING OFFICER. Without bill. We are not doing it for just 5 purview 6 years from now. Don’t we be- objection, it is so ordered. years, we are doing it for the rest of lieve we ought to do that? I believe we Ms. COLLINS. Madam President, I the patient’s life. We would never go to ought to maintain that power, and ac- yield 5 minutes of my time to the Sen- a physician who treated us that way. tually it is not 6 years, it is 4 years ator from Wyoming. Yet that is the way this bill approaches from now because in the fourth year is Mr. THOMAS. Madam President, I the future. when we do that. want to make a comment or two about What are the reasons to oppose this Congress needs more sunsets, not the distribution of funding for home- bill? One is lack of a desire to tackle fewer sunsets. We have an inexcusable land security. Of course, there has been the hard job of looking at this again in situation that we have seen today with a great deal of discussion about it, but 5 years. One is arrogance; we know much of the Government operating on we haven’t heard much from small what we are going to need. There is no expired authority—expired authority. States. way we can. Political expediency, that Madam President, $170 billion of what I am from Wyoming and I suggest to might have something to do with it, to was appropriated last year was under my colleagues that we have needs—per- be able to tell the special interest expired authority. haps at a different level but we have groups and our campaign donors that Congress has not done its job to reau- needs—like everyone else for homeland we have got them taken care of for the thorize those programs. So let’s look at security. So I have been a little dis- next 10 years. this again in 5 years, in 2012. We can appointed with my colleagues’ com- I quote my chairman for whom I have start with January 2012. By the end of ments yesterday and some today with the utmost respect. Here is what his that year we can have said: Here is respect to securing America. I actually quote was on the PATRIOT Act. what we need to do for 2013. We will do hadn’t heard anything about rural The best thing we did with the PATRIOT it with wisdom; we will be able to do it areas, as they are at risk as well. I Act was to sunset it, was to say that it needs with insight. We also will be able to do know we have fewer people. But what I

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2677 did hear is that rural America doesn’t ify for the urban area security funding ther quorum calls between now and the need homeland security funding, and as current law provides. Big-city beginning of the votes at 5:30 be count- that is not the case. States have their own urban programs ed equally against both sides. Most people don’t know that Wyo- so I cannot understand the uproar and The PRESIDING OFFICER. Without ming, which I guess is probably at the anger officials from large populated objection, it is so ordered. moment our smallest populated State, States have toward their rural neigh- Ms. COLLINS. Madam President, I is the largest exporter of energy in the bors. suggest the absence of a quorum, to be United States. We have oil reserves, we Wyoming generally doesn’t ask for a charged equally. have gasfields, we have coal mines, we lot, of course, but my State has a lot The PRESIDING OFFICER. The have powerplants, we have uranium more to offer than just wide open coun- clerk will call the roll. mines, all of which contribute to the try for people on the coast to fly over. The assistant legislative clerk pro- rest of the country and to the security Let me repeat for my colleagues that ceeded to call the roll. of the rest of the country. If folks don’t Wyoming is the largest exporter of en- believe our rail lines and transmission ergy in the lower 48. Protecting Wyo- Mr. ROCKEFELLER. Madam Presi- lines and refineries and pipelines are ming’s infrastructure and securing our dent, I ask unanimous consent that the not targets, then we need to reevaluate resources is critical not only to our order for the quorum call be rescinded. that. We need to think about it again. State but to national well being. I The PRESIDING OFFICER. Without As a matter of fact, if you were some- would remind my colleagues who have objection, it is so ordered. one seeking to do damage, you might directly and indirectly criticized small UNANIMOUS-CONSENT REQUEST—S. 375 think it is easier to go into a rather States that the States they represent Mr. ROCKEFELLER. Madam Presi- rural area and stop some of the energy are not the only ones that have risks dent, I ask unanimous consent that the development than to go into an urban that need to be addressed. Senate proceed to the immediate con- area and have to go through all the I strongly support Senator LEAHY’s sideration of Calendar No. 20, S. 372, network that is involved. amendment to put fairness back into the Intelligence authorization, 2007; This energy we talk about is the very the process. Protecting rural America that the Rockefeller-Bond amendment same energy that drives our economy; is something that should be important at the desk be considered and agreed it turns on the lights in Los Angeles to all of us. It is all a part of our Na- to; that the bill, as amended, be read and New York City. So there are im- tion. No one wins by the current effort the third time and passed; that the mo- portant factors to keep in mind, to to pit big cities against rural America. tion to reconsider be laid upon the keep in perspective as we go about this I hope we can come to an agreement table; that a statement by Senator idea of homeland security and as we that does deal with national security ROCKEFELLER be printed in the RECORD think about where the homeland secu- and gives us an opportunity to secure as if read, without intervening action rity risks are. all of the resources in our Nation for or debate. Certainly I will tell my colleagues national benefit. The PRESIDING OFFICER. Is there that Wyoming is not as at risk as Thank you, Madam President. I yield objection? Washington and New York, but, never- the floor, and I suggest the absence of Ms. COLLINS. Madam President, on theless, there is a fairly high level of a quorum. behalf of another Senator—not my- risk on rural States that provide these The PRESIDING OFFICER. The self—I do object. kinds of resources. Our State is nearly clerk will call the roll. The PRESIDING OFFICER. Objec- 100,000 square miles in size. It is a The assistant legislative clerk pro- tion is heard. State of diverse topography and harsh ceeded to call the roll. weather. Major railroads and interstate Mr. LIEBERMAN. Madam President, Mr. ROCKEFELLER. Madam Presi- highways that connect the east and the I ask unanimous consent that the order dent, let me take this opportunity to west coasts of this country traverse for the quorum call be rescinded. thank many people but not the par- the State. Whether it is ships that The PRESIDING OFFICER. Without ticular Senator who is objecting—1 out come into the east and west coasts or objection, it is so ordered. of 100. Nevertheless, Senators REID, whatever, they go through this area Mr. LIEBERMAN. Madam President, BOND, myself, and others have worked and therefore that makes it certainly I yield 5 minutes of the time allocated very hard to move this fiscal year 2007 subject to various kinds of events that to me to the Senator from West Vir- Intelligence authorization bill forward. All parties have been enormously sup- could happen in terms of homeland se- ginia, Mr. ROCKEFELLER, who will curity. speak on another matter than the portive in this effort. It is one of the The movement of hazardous waste by three amendments but is sympathetic more embarrassing efforts I have been train and vehicle puts the citizens I to the position I am taking on the associated with in my 24 years in this represent in harm’s way every day. three amendments. body. I must express my dismay, my When homeland security grants first Mr. ROCKEFELLER. Madam Presi- absolute dismay. I will hold it to that. began, Wyoming initially received dent, there is a procedural process that Despite considerable efforts on the roughly $20 million. Wyoming’s share is missing. part of the chairman and Vice Chair- has dropped to $9 million over the I suggest the absence of a quorum. man BOND and extensive efforts and ne- course of time. The PRESIDING OFFICER. The gotiations to get agreement on this Let me put this debate in context. clerk will call the roll. bill, there is still an objection from one My State stands to receive roughly $10 The assistant legislative clerk pro- Senator for its consideration. Is it just million out of $3 billion under the plan ceeded to call the roll. another bill? Not quite. The Senate’s that has been suggested that we have. Ms. COLLINS. Madam President, I failure to pass this critical national se- I certainly understand that cities such ask unanimous consent that the order curity legislation for the past 2 years is as New York need more than my State; for the quorum call be rescinded. remarkably shocking and inexcusable. no one is questioning that. I also recog- The PRESIDING OFFICER. Without In 2005, the Senate failed, for the first nize that large urban areas have more objection, it is so ordered. time since the establishment of the resources to draw upon than rural Ms. COLLINS. Madam President, was congressional intelligence committees, areas do. We have less resources to pro- the time running under the quorum to pass an annual Intelligence author- tect the things we have that are not call being charged equally or just to ization bill. That means for 27 years we only for our State but that are for our one side? passed authorization bills for the Intel- Nation. Congress has debated and es- The PRESIDING OFFICER. The time ligence Committee. It is not an incon- tablished a fair system. Every State for this quorum call has been counted sequential committee. It instructs how should be provided with baseline fund- against Senator LIEBERMAN. The intelligence is to be done. There are a ing. Thomas quorum call counted against number of changes that have been I fully support allowing the Depart- Senator COLLINS. agreed to. All of that failure was fol- ment of Homeland Security to deter- Ms. COLLINS. Madam President, I lowed by a repeat failure in 2006—in mine who has the greatest risk to qual- ask unanimous consent that any fur- 2005 and then in 2006.

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2678 CONGRESSIONAL RECORD — SENATE March 6, 2007 So from 1978 through 2004, the Senate Mr. ROCKEFELLER. Madam Presi- values more than a lack of congres- had an unbroken 27-year record of com- dent, I conclude by simply saying we sional oversight. But I believe congres- pleting its work on this critical legisla- need this bill. sional oversight can help them do their tion. You cannot move to appropria- I yield the floor. job better. tions until you go through authoriza- Several Senators addressed the Is this bill perfect? No. But it is tion, particularly in a field such as in- Chair. largely the same bill as last year, and telligence authorization that has an The PRESIDING OFFICER. Who we have changed provisions that were unbelievably important role. The Intel- yields time? objectionable. On the good side, it ligence authorization bill has been con- Mr. LEAHY. Madam President, par- would ensure that the exemption of sidered must-pass legislation for many liamentary inquiry. Freedom of Information Act require- years—until recently. Now, in the The PRESIDING OFFICER. The Sen- ments carries over to operational files. midst of the war on terror, with things ator from Vermont will state his in- There is a specific provision creating, going downhill in Iraq, going downhill quiry. within the Office of the Director of Na- in Afghanistan, and our continued Mr. LEAHY. Has there been time re- tional Intelligence, a National Space military involvement in both places, served for the Senator from Vermont? Intelligence Center. The PRESIDING OFFICER. The Sen- when good intelligence is not just vital In reviewing all these, we worked ator has 13 minutes. but a matter of life and death—and I very closely together to deal with prob- Mr. LEAHY. Further parliamentary emphasize the second—we have been lems in the bill. I believe we have inquiry: Is there an order for recogni- prevented from passing that bill that taken care of most of the problems peo- tion? ple raised. What I am afraid of is that provides the legislative roadmap for The PRESIDING OFFICER. There is people are objecting to the bill without our intelligence programs. not. Similar to the Defense authorization Mr. LEAHY. Further parliamentary knowing what is in the bill, without and appropriations bills, the Intel- inquiry: Does anybody else have time knowing the changes we have made, ligence authorization bill is at the core reserved to them? the accommodations that have been of our efforts to protect America. That Mrs. FEINSTEIN. I believe I do for made by the chairman and by the vice is why it is simply incomprehensible, an amendment. chairman to make this bill acceptable. shocking, and debasing that we cannot The PRESIDING OFFICER. The Sen- Some have said that the administra- find a way to bring up and pass this ator from Illinois and the Senator from tion has concerns. If the administra- critical legislation. California each have 13 minutes. tion has concerns, obviously they could The result of this continued obstruc- Mr. ROCKEFELLER. Madam Presi- exercise those concerns in a veto. But tion will be diminished authority for dent, may I just appeal to whatever if they have concerns, I am not sure intelligence agencies to do their job in reasoned and reasonable people there they know the changes and the provi- protecting America. I hope the Senator may be around here, and that is that sions we have added to this bill. involved takes satisfaction in that. I the vice chairman of the Intelligence I invite my colleagues who have am not sure his constituents—if it is a Committee has something to say on problems with the bill to talk with me he—would. Yes, I am angry. this matter which relates to what I or with the chairman about the bill so The authorization bill contains 16 said. There is a sequential power in we can move it. We have worked long separate provisions enhancing or clari- that which I think deserves consider- and hard to help improve the oper- fying the authority of the Director of ation. ations of the intelligence community. National Intelligence. The bill includes Mr. LEAHY. Madam President, I re- Our bill is the one way we have of pro- major improvements in the way we ap- serve my time. viding that guidance and sharing with proach and manage human intel- The PRESIDING OFFICER. The Sen- the intelligence community the issues ligence, information sharing, protec- ator from Maine. that the bipartisan members of this tion of sources and methods, and even Ms. COLLINS. Madam President, in committee believe are important. the nominations process for key intel- order for the Senator from Missouri to I invite anybody, all people or any ligence community leaders. speak, would the Senator from Maine person who has a hold on this bill, to I came to the floor several times last or one of the sponsors have to yield come forward and find out what is in year to explain those provisions in de- time to him? the bill. Don’t judge it by what you tail. Today, I reiterate how important The PRESIDING OFFICER. That is think it may contain. this legislation is to the war on ter- correct. Madam President, I yield the floor. rorism and to every other aspect of our Ms. COLLINS. How much time does f national security, including the ongo- the Senator from Maine have remain- IMPROVING AMERICA’S SECURITY ing fight in Iraq and Afghanistan. This ing? ACT OF 2007—Continued should have happened years ago. Some- The PRESIDING OFFICER. There is body objects and, of course, it cannot 6 minutes remaining. The PRESIDING OFFICER. The Sen- happen; the rules of the Senate prevail. Ms. COLLINS. Madam President, I ator from California. There is no reason the Senate cannot yield 4 minutes to the Senator from Mrs. FEINSTEIN. Madam President, pass this bill quickly, so that we can Missouri. I believe I have 13 minutes; is that cor- confer with the House before the com- Mr. BOND. Madam President, I thank rect? mittee is required to turn its attention the ranking member of the committee. The PRESIDING OFFICER. That is to drafting and reporting out what will When this committee was formed a correct. be another experiment, the 2008 author- long time ago—30 years ago—we lacked AMENDMENT NO. 335 ization, which we should already be congressional oversight. Since 9/11, we Mrs. FEINSTEIN. Madam President, halfway toward completing. If there is found that congressional oversight had yesterday I spoke on an amendment we objection to passing this bill by unani- not been as good as it should have offered. It is cosponsored by the Sen- mous consent, we have been—the vice been, and one of my first acts when I ator from Texas, Mr. CORNYN, as well chairman and I, who worked very well was appointed vice chairman was I sug- as Senators LAUTENBERG, HUTCHISON, together—more than willing to nego- gested to the chairman that passing BOXER, SCHUMER, CLINTON, OBAMA, tiate a time agreement and quickly de- the authorization bill was the top pri- MENENDEZ, KERRY, COBURN, and CASEY. bate and pass this long-overdue na- ority. He agreed. We have to be able to Essentially, what this amendment does tional security bill. pass authorization bills if we are to is provide that more funds will go to It is essential we assist the men and have an impact on the intelligence States and localities based on risk, women of the intelligence agencies to community. threat, and vulnerability. continue their vital work on the There are already a number of As you know, Madam President, the frontlines of Iraq and Afghanistan and Rockefeller-Bond amendments on this 9/11 Commission in their 25th rec- something called the war on terror. 9/11 bill. There will be more. ommendation said, ‘‘Homeland secu- The PRESIDING OFFICER. The Sen- There are some who say there is rity assistance should be based strictly ator has used his 5 minutes. nothing an executive branch agency on an assessment of risk and

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2679 vulnerabilities.’’ ‘‘And Federal home- called, in the vernacular of Wash- Mexico, North Dakota, Oklahoma, Or- land security assistance should not re- ington, UASIF—and that comprises the egon, Rhode Island, South Carolina, main a program for general revenue lion’s share of homeland security pre- South Dakota, Tennessee, Utah, sharing.’’ paredness received in our Capital. Vermont, Virginia, West Virginia, Wis- In current law, 40 percent of the Washington received nearly $50 million consin, and Wyoming. The Senators money goes to a guaranteed minimum in UASIF funds last year alone. So we from those States, of course, feel free allocation—in other words, revenue do not believe Washington would be to vote any way they want, but should sharing—and 60 percent is allocated negatively affected. anybody be checking back home, they based only on risk and effectiveness. I know Senator LAUTENBERG wishes should know what their vote means. The Lieberman-Collins bill—and I to come to the Chamber to speak. May I hope my colleagues will support the thank them—changes that. Twenty- I inquire how many minutes of the 13 I Leahy-Thomas amendment, No. 333, to four percent of the money goes to sat- have remaining? restore the minimum allocation for isfy this minimum revenue-sharing re- The PRESIDING OFFICER. The Sen- States in the State Homeland Security quirement, and 76 percent is allocated ator has 61⁄2 minutes remaining. Grant Program from .45 percent, which on risk and effectiveness. That is a Mrs. FEINSTEIN. Madam President, is proposed by the underlying bill, and major step forward. There is no ques- I reserve the remainder of my time and bring it back to current law. We are tion about that. However, Senator yield the floor. I thank the Chair. not asking for an increase but bring it CORNYN and I and our cosponsors be- The PRESIDING OFFICER. The Sen- back to current law, which is .75 per- lieve that in this day and age, we have ator from Vermont. cent. If you don’t, the proposed to give more money to risk, vulner- Mr. LEAHY. Madam President, would changes in the formula result in the ability, and threat. Therefore, the for- that it were that easy, as my friend loss of millions in homeland security mula we present in this amendment from California has said, I would be funding for the fire, police and rescue will give 87.5 percent of the dollars eager to vote for her amendment, but departments in small- and medium- based on risk and effectiveness, regard- she is assuming that rather than fol- sized States. It will also deal a crip- less of where that risk and effective- lowing what the law now says, the head pling blow to dozens of States’ efforts ness is, and 13 percent will go to satisfy of the Department of Homeland Secu- to fulfill federally mandated multiyear guaranteed minimum allocation. rity will use discretion always to ben- plans to build and to sustain their ter- The second point I wish to make is efit everybody’s State—something we rorism preparedness. that 35 States would benefit under this saw does not always work, as the peo- What I am saying is, the Federal amendment: Alabama, Arizona, Cali- ple suffered after Katrina. Government has said: Here, small fornia, Colorado, Connecticut, Dela- Under the amendment of the Senator States, cities, communities. Here is ware, Florida, Georgia, Idaho, Illinois, from California, States that will sub- what we are saying you have to do. Ini- Indiana, Iowa, Kansas, Kentucky, Lou- stantially gain are California, Florida, tially, they said: We will give you some isiana, Maryland, Massachusetts, Georgia, Illinois, Louisiana, Massachu- money to help. But now we are going Michigan, Missouri, Nebraska, Nevada, setts, Michigan, Missouri, New York, to say: You still have to do it, but tax New Jersey, New York, North Carolina, North Carolina, Ohio, Pennsylvania, your people to do it. We don’t have the North Dakota, Ohio, Oklahoma, Penn- Texas, and Washington. The States, money. We are going to send it to the sylvania, South Carolina, Texas, however, that lose or break even by Iraqi fire departments and to the Iraqi Vermont, Virginia, Washington, West lowering the all-State minimum for police departments. We are going to Virginia, and Wisconsin. homeland security formula grants are send it to the Iraqi homeland security. I believe this is the right way to allo- these. I hope Senators are listening be- We can’t spend it on your State. cate homeland security dollars. cause they are going to be called upon As with current law, the State min- Do you have the risk? Is there a to vote. These are the States which imum under our amendment would threat? The President, in his State of lose or break even. They don’t receive continue to apply—and this is impor- the Union Message, mentioned how a an additional amount. The States that tant—only to 40 percent of the overall threat and a terrorist plot against the lose or break even by lowering the all- funding under this program. The ma- tallest building on the west coast was State minimum are Alabama, Alaska, jority of the funds would continue to eradicated. That tallest building on the Arizona, Arkansas, Colorado, Con- be allocated based on risk assessment west coast is shown in this picture. It necticut, Delaware, District of Colum- criteria, which are the funds of several happens to be the Library Tower build- bia, Hawaii, Idaho, Indiana, Iowa, Kan- separate discretionary programs the ing in Los Angeles—now under a new sas, Kentucky, Maine, Maryland, Min- Congress has established for solely name, but nonetheless ‘‘Library nesota, Mississippi, Montana, Ne- urban and high-risk areas. A lot of Tower’’ is its historic name. This is the braska, Nevada, New Hampshire, New these smaller States have voted for largest tower on the west coast. There Jersey, New Mexico, North Dakota, these extra amounts for these urban was reportedly a second strike by al- Oklahoma. and high-risk areas. I think it is a good Qaida devoted to the west coast. So it Madam President, I haven’t used my idea. The majority of the funds are not seems to me that if there is this kind 13 minutes yet, have I? I still have a lot allocated to these smaller States or to of a threat, the money should go where more States to name. areas based on risk assessment require- the threat is. The PRESIDING OFFICER. The Sen- ments. The underlying bill now before States such as New York, California, ator has 11 minutes. the Senate would reduce the all-State and Texas have vast infrastructures. Mr. LEAHY. I may need it. minimum. The House bill reduces it Terrorists go where the hit is going to Oregon, Rhode Island, South Caro- even further. be greatest, where the infrastructure lina, South Dakota, Tennessee, Utah, We know, however, that this is a is—big ports, big petroleum reserves, Vermont, Virginia, West Virginia, Wis- matter that is going to face the con- big buildings, big congregations of peo- consin, and Wyoming. ference anyway, and because of these ple—and where they can do the most In case anybody missed that, these formula differences, there is no guar- psychological damage. are the States which will lose if my antee that the minimum will not even So we feel very strongly that this colleagues do not adopt the Leahy- further be slashed during conference. money should have an even stronger Thomas, et al amendment. These Small- and medium-sized States face formula that puts money where the States will lose if my colleagues adopt enormous cuts. With appropriations for risk and threat actually are. the amendment of the Senator from formula grants already being cut by 60 I do wish to correct one thing. Some- California: Alabama, Alaska, Arizona, percent since 2003—$2.3 billion in 2003 one on the floor, and I don’t know who, Arkansas, Colorado, Connecticut, Dela- to $900 million in fiscal year 2007—fur- but somebody said Washington, DC, ware, the District of Columbia, Hawaii, ther reductions to first-responder fund- would receive less money under this Idaho, Indiana, Iowa, Kansas, Ken- ing would hamper even more these amendment. We do not alter the risk- tucky, Maine, Maryland, Minnesota, States’ efforts. The cuts would be even based distribution of the Urban Area Mississippi, Montana, Nebraska, Ne- deeper should the President’s budget Security Initiative Funds—which are vada, New Hampshire, New Jersey, New request for next year be approved,

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2680 CONGRESSIONAL RECORD — SENATE March 6, 2007 since he has requested only $250 million bers that CRS presents. Actually, Assumption 3. The total authorization for for these two important first responder Vermont, according to CRS, benefits S. 608 and H.R. 1 will match the amount au- grant programs. $72,250, according to the Congressional thorized in S. 4, to wit: $913,180,500. I am almost tempted to tell some of Research Service, as do 35 States. I CAVEAT these small States and towns to change didn’t make up these numbers. The estimates presented in the following their names to Baghdad or northern Madam President, I ask unanimous discussion are intended for illustrative pur- poses only. Actual grant allocations will al- consent to print in the RECORD the Iraq or something similar to that and most certainly differ from the estimates pre- they will get all the money they want memorandum from the Congressional sented here. In addition, estimates for S. 608, but not if they want to defend their Research Service, which is a straight which do not include funds for LETPP in the own people here in the United States. I mathematical computation. minimum, are based on the assumption that have heard the argument from urban There being no objection, the mate- LETPP funds are included. States, arguing that Federal money to rial was ordered to be printed in the CALCULATING THE ESTIMATES fight terrorism is wasted in smaller RECORD, as follows: Estimating grants for each eligible recipi- States. They seem to forget that the CONGRESSIONAL RESEARCH SERVICE, ent involves the following steps, the results attacks on 9/11 added to the respon- Washington, DC, February 27, 2007. of which are shown in Table 1: MEMORANDUM 1. Establish the proxies for risk and effec- sibilities and the risks of all the State tiveness. and local first responders nationwide. To: Senator Dianne Feinstein, Attention: 2. Allocate the total available $913,180,500 The Federal Government has called on Ahmad Thomas. in proportion to the proxies. all of them, and the portion that is al- From: Steven Maguire, Analyst in Public Fi- 3. When a recipient’s risk and effectiveness located to all States—again, only a nance, Government and Finance Divi- allocation is less than the statutory min- sion. portion of these funds—is part of the imum, allocate an additional amount to Subject: DHS Grants to States and Insular reach the minimum. Federal Government’s fulfillment of Areas Under H.R. 1, S. 4, and S. 608. 4. Because this results in a total greater that directive. This memorandum responds to your re- than $913,180,500, proportionally reduce the I hope my colleagues will support my quest for a comparison of three legislative grants of all recipients in excess of the min- amendment to restore the .75-percent proposals: H.R. 1, S. 4 as approved by the imum to prevent exceeding the authoriza- minimum base and ensure continued Senate Homeland Security Committee, and tion. support and resources for our police, S. 608. In particular, you asked CRS to esti- 5. Display the resulting adjusted estimated mate how much each state would receive allocations. . fire, and ambulance services in every through two programs under each proposal: Establishing Proxies for Risk and Effec- State. Homeland security is a new re- (1) the State Homeland Security Grant Pro- tiveness Scores. In FY2006, Congress appro- sponsibility entrusted to our first re- gram (SHSGP) and (2) the Law Enforcement priated a total of $912 million for the SHSGP sponders, and this program, along with Terrorism Prevention Program (LETPP). All and LETPP programs—40 percent ($365 mil- this assurance of basic help—not the three proposals would lower the minimum lion) was allocated to satisfy the minimum special help that goes to the large grant award that states could receive under grant award requirements for eligible recipi- States but the special help that goes current law. S. 608, unlike H.R. l and S. 4, ents and the remaining 60 percent ($547 mil- only sets a minimum for funds authorized for lion) was allocated based on risk and effec- where we see special needs—but this SHSGP. You asked CRS, for comparative tiveness. Examination of column (b) in Table basic help will make a big difference. purposes, to include LETPP funds in the 1 shows, for example, that California re- Madam President, how much time do minimum when calculating the state-by- ceived 15.18 percent of the $547 million; New I have? state allocations. York, 8.52 percent; Texas, 8.05 percent; and The PRESIDING OFFICER. Four Note that a third related DHS grant pro- Florida, 6.82 percent. These percentages and minutes. gram, the Urban Areas Security Initiative the corresponding percentage for each grant Mr. LEAHY. Very quickly. Vote (UASI), is not considered in this memo- recipient serve as a proxy for each jurisdic- against my amendment, and here are randum. The total grant amount to each tion’s risk-and-effectiveness score for the the States that lose: Alabama, Alaska, state would change if UASI grant awards CRS estimated allocations under S. 608, H.R. were included. However, the information 1, and S. 4. Arizona, Arkansas, Colorado, Con- needed to estimate UASI grant awards to Estimating Risk and Effectiveness. H.R. 1 necticut, Delaware, District of Colum- each state under the three legislative pro- and S. 4 would allocate total SHSGP and bia, Hawaii, Idaho, Indiana, Iowa, Kan- posals is not publicly available. LETPP amounts by risk and assessment sub- sas, Kentucky, Maine, Maryland, Min- A question that immediately arises is how ject to statutory minimums—lower than nesota, Mississippi, Montana, Ne- proposed changes to the minimum grant under existing law. In order to estimate the braska, Nevada, New Hampshire, New awards would affect the aggregate SHSGP risk and effectiveness allocations for each el- Jersey, New Mexico, North Dakota, and LETPP grant amounts awarded to each igible jurisdiction, we multiply the proxy state, the District of Columbia, Puerto Rico, percentage discussed above by the total au- Oklahoma, Oregon, Rhode Island, and the insular areas. Answering that ques- thorization of $913,180,500. For comparative South Carolina, South Dakota, Ten- tion precisely, however, is problematic be- purposes, as you instructed, CRS used the nessee, Utah, Vermont, Virginia, West cause DHS does not disclose the risk and ef- same methodology for S. 608. Virginia, Wisconsin, and Wyoming. If fectiveness scores it assigns to grant applica- Meeting the Minimums. As noted earlier, you want to vote for my friend from tions. Accordingly, we relied on three basic existing law sets two minimum amounts California, the States that do gain are: assumptions to generate what we consider based on the total appropriation: 0.75 percent California, Florida, Georgia, Illinois, responsible ‘‘rough justice’’ estimates of per state, the District of Columbia, and Puerto Rico, 0.25 percent for other U.S. insu- Louisiana, Massachusetts, Michigan, grant amounts under the aforementioned ap- proaches: lar areas. S. 608 would ensure a minimum of Missouri, New York, North Carolina, Assumption 1. DHS Risk and effectiveness 0.25 percent per state, the District of Colum- Ohio, Pennsylvania, Texas, and Wash- scores for each applicant under the three bia, and Puerto Rico and 0.08 percent for ington. proposals will equal those for FY2006. This other insular areas. In contrast, S. 4 would Madam President, I reserve the re- assumption is valid only to the extent that ensure a minimum of 0.45 percent per state, mainder of my time. the determinants of risk and effectiveness the District of Columbia, and Puerto Rico. Mrs. FEINSTEIN. Madam President, that pertain to each applicant and the DHS The other U.S. insular areas would be guar- I believe I have 6 minutes, and I would scoring system do not significantly vary anteed the same 0.08 percent. Under H.R. 1, from one year to the next. however, there would be three minimum like to use 2 of them. Assumption 2. A proxy for each grant re- I very much disagree with the figures amounts based on the total appropriation: cipient’s risk and effectiveness score in 0.45 percent for international border states of the distinguished Senator from FY2006 can be found in the ratio of (a) the (18 states); 0.25 percent for states without an Vermont. We wrote to the Congres- amount of the recipient’s FY2006 total grant international border (32 states), the District sional Research Service and asked that was based on risk and effectiveness to of Columbia, and Puerto Rico; and 0.08 per- them to compute the grant numbers. (b) the sum of risk and effectiveness amounts cent for the other U.S. insular areas. With an They gave us back a document, dated for all recipients. In other words, if one as- authorization of $913,180,500, these mini- February 27, that relates to the two sumes that if a recipient received 5 percent mums would be $4,109,312 and $2,282,951 for programs funded in this bill. One of of the total funds available for allocation on the two categories of states, respectively, the basis of risk and effectiveness in FY2006, and $730,544 for insular areas. them is the State Homeland Security then that recipient will receive 5 percent of The last column of Table 1, column (f), Grant Program and the other is the the total funds available for allocation on compares S. 608 to S. 4. A positive amount in Law Enforcement Terrorism Preven- the basis of risk and effectiveness under S. column (f) indicates that the state would re- tion Program, and these are the num- 608, H.R. 1, and S. 4. ceive more under S. 608 than under S. 4.

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2681 For a complete explanation of the method- see CRS report RL33859, Fiscal Year 2007 If you have any questions about this ology used to redistribute funds so that all Homeland Security Grant Program, H.R. 1 memorandum, please call me on extension 7– jurisdictions receive the required minimum, and S. 4: Description and Analysis, by Shawn 7841 or send an e-mail to and the total authorization is not exceeded, Reese and Steven Maguire. [email protected]. TABLE 1.—COMPARISON OF S. 608, H.R. 1, AND S. 4 ASSUMING A $913,180,500 AUTHORIZATION FOR SHSGP AND LETPP

FY2006 Estimated post-adjustment allocations share of risk and S. 4 as S. 608* less Jurisdiction effective- amended S. 4 ness S. 608* H.R. 1 Feb. 15, (Percent) 2007

Alabama ...... 1.37 $12,319,320 $12,173,119 $11,988,972 $330,348 Alaska ...... 0.15 2,282,951 4,109,312 4,109,312 (1,826,361 ) Arizona ...... 1.48 13,336,170 13,232,207 12,961,248 374,922 Arkansas ...... 0.19 2,282,951 2,282,951 4,109,312 (1,826,361 ) California ...... 15.18 136,342,240 134,446,429 130,575,288 5,766,952 Colorado ...... 1.61 14,533,429 14,354,975 14,106,024 427,405 Connecticut ...... 1.13 10,154,413 10,039,748 9,918,964 235,449 Delaware ...... 0.60 5,414,579 5,368,960 5,386,903 27,676 D.C...... 0.10 2,282,951 2,282,951 4,109,312 (1,826,361 ) Florida ...... 6.82 61,308,537 60,448,703 58,830,723 2,477,814 Georgia ...... 3.28 29,474,566 29,078,462 28,392,210 1,082,356 Hawaii ...... 0.17 2,282,951 2,282,951 4,109,312 (1,826,361 ) Idaho ...... 0.86 7,776,296 7,753,324 7,645,093 131,203 Illinois ...... 5.56 49,959,177 49,264,671 47,978,868 1,980,309 Indiana ...... 1.66 14,910,648 14,726,698 14,466,707 443,941 Iowa ...... 1.12 10,121,611 10,007,425 9,887,601 234,010 Kansas ...... 1.23 11,056,458 10,928,653 10,781,467 274,991 Kentucky ...... 1.46 13,139,360 12,981,213 12,773,065 366,295 Louisiana ...... 2.54 22,865,040 22,565,218 22,072,415 792,625 Maine ...... 0.14 2,282,951 4,109,312 4,109,312 (1,826,361 ) Maryland ...... 1.31 11,827,296 11,688,262 11,518,515 308,781 Massachusetts ...... 2.76 24,816,737 24,488,484 23,938,558 878,179 Michigan ...... 3.69 33,164,749 32,771,939 31,920,631 1,244,118 Minnesota ...... 0.26 2,396,830 4,109,312 4,109,312 (1,712,482 ) Mississippi ...... 0.22 2,282,951 2,282,951 4,109,312 (1,826,361 ) Missouri ...... 3.06 27,506,469 27,139,035 26,510,385 996,084 Montana ...... 0.17 2,282,951 4,109,312 4,109,312 (1,826,361 ) Nebraska ...... 1.08 9,711,591 9,603,377 9,495,554 216,037 Nevada ...... 1.00 8,973,555 8,876,092 8,789,870 183,685 New Hampshire ...... 0.11 2,282,951 4,109,312 4,109,312 (1,826,361 ) New Jersey ...... 1.80 16,222,713 16,019,650 15,721,257 501,456 New Mexico ...... 0.18 2,282,951 4,109,312 4,109,312 (1,826,361 ) New York ...... 8.52 76,512,088 75,487,831 73,367,819 3,144,269 North Carolina ...... 2.47 22,176,206 21,886,418 21,413,777 762,429 North Dakota ...... 0.69 6,234,620 6,234,105 6,170,997 63,623 Ohio ...... 2.73 24,587,125 24,319,267 23,719,012 868,113 Oklahoma ...... 1.43 12,844,146 12,690,299 12,490,791 353,355 Oregon ...... 0.23 2,282,951 2,282,951 4,109,312 (1,826,361 ) Pennsylvania ...... 3.11 27,949,291 27,632,456 26,933,796 1,015,495 Rhode Island ...... 0.11 2,282,951 2,282,951 4,109,312 (1,826,361 ) South Carolina ...... 1.33 12,007,705 11,866,043 11,691,016 316,689 South Dakota ...... 0.13 2,282,951 2,282,951 4,109,312 (1,826,361 ) Tennessee ...... 0.26 2,364,029 2,362,848 4,109,312 (1,745,283 ) Texas ...... 8.05 72,264,278 71,301,900 69,306,214 2,958,064 Utah ...... 0.17 2,282,951 2,282,951 4,109,312 (1,826,361 ) Vermont ...... 0.71 6,431,429 6,428,048 6,359,179 72,250 Virginia ...... 1.50 13,516,579 13,352,937 13,133,748 382,831 Washington ...... 2.77 24,882,340 24,610,182 24,001,285 881,055 West Virginia ...... 1.14 10,269,219 10,152,882 10,028,738 240,481 Wisconsin ...... 1.50 13,483,777 13,377,664 13,102,384 381,393 Wyoming ...... 0.12 2,282,951 2,282,951 4,109,312 (1,826,361 ) U.S...... 99.24 904,815,934 904,861,958 903,128,069 1,687,865

Puerto Rico ...... 0.11 2,282,951 2,282,951 4,109,312 (1,826,361 ) U.S. & P.R...... 99.35 907,098,886 907,144,910 907,237,381 (138,495)

Virgin Islands ...... 0.07 730,544 730,544 730,544 0 Am. Samoa ...... 0.43 3,889,981 3,843,957 3,751,486 138,495 Guam ...... 0.07 730,544 730,544 730,544 0 N. M. Islands ...... 0.07 730,544 730,544 730,544 0 All Areas Total ...... 100.00 913,180,500 913,180,500 913,180,500 0 Source: Estimates calculated by CRS. Caveat: for illustrative purposes only; other estimating methods based on different assumptions would yield different results. Note: *8. 608, as introduced, includes only the SHSGP funds for purposes of calculating a minimum. For comparative purposes, the calculations in this table assume S. 608 would include LETPP in the minimum when allocating an au- thorized amount of $913,180,500 to each state, territory, and other insular area.

Mrs. FEINSTEIN. As I say, I under- Service, for these numbers which show NATIONAL CRIMINAL stand there is a basic conflict here be- 35 States as beneficiaries. JUSTICE ASSOCIATION, tween small States and big States. Washington, DC, March 2, 2007. I know Senator LAUTENBERG should Hon. JOSEPH LIEBERMAN, There is a basic conflict between those be here momentarily. I reserve the re- U.S. Senate, who think the money should be spread mainder of my time, and I yield the Washington, DC. around and those who believe this Hon. SUSAN COLLINS, money should be used based on risk, floor. U.S. Senate, vulnerability, and threat. I am in the The PRESIDING OFFICER (Mr. Washington, DC. latter. If the big threat is in Vermont, SALAZAR). Who yields time? DEAR SENATORS LIEBERMAN AND COLLINS: I am all for the money going to Ms. COLLINS. Mr. President, I ask On behalf of the National Criminal Justice Vermont. I have no problem with that. Association (NCJA), I write to express our unanimous consent that a letter from support for a number of important provisions I look at the intelligence and I see the National Criminal Justice Associa- in the Improving America’s Security by Im- the threats as they come in and I think tion, in support of the formulas in the plementing Unfinished Recommendations of the agencies that make the decisions underlying bill, be printed in the the 9/11 Commission Act of 2007, or S. 4. should send the money based on their NCJA members administer justice assistance RECORD. analysis of the intelligence and the grant funding in the states and tribal na- threats. There being no objection, the material was tions, and state and local criminal justice ordered to be printed in the RECORD, as fol- practitioners from all parts of the criminal I do wish to at least give my source, lows: and juvenile justice systems. In addition, which is the Congressional Research NCJA provides direct technical assistance

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2682 CONGRESSIONAL RECORD — SENATE March 6, 2007 and training to state and local homeland se- become strong partners with homeland Mr. LAUTENBERG. All right. The curity grant administrators for all U.S. security. Senator from California is giving her states and territories. I wish to point out one of the most time to me, so I wanted to be sure that First, thank you for maintaining the Law important uses of funds under this pro- time remains. Enforcement Terrorism Prevention Program gram has been to establish with State Mr. LIEBERMAN. Yes, indeed. (LETPP) in your bill. The LETPP provides The PRESIDING OFFICER. Without needed support to public safety agencies and local first responders all-source in- across the country for terrorism prevention, telligence fusion centers that have objection, it is so ordered. training and information sharing. As a direct been funded primarily through the Mr. LIEBERMAN. Here is the point. result of the LETPP funding over the past LETPP program. Clearly, it has been a We know the terrorists on 9/11 struck several years, state and local law enforce- very successful program, and one of my New York, Washington, and Wash- ment agencies have become stronger part- concerns about the amendment offered ington was probably intended again— ners with other homeland security dis- by my friend from California is she the plane went down in Pennsylvania. ciplines in the effort to prevent, not just re- eliminates the minimum under this But what was the single most dev- spond to, a terror attack. In addition, the astating terrorist attack in the United program. That means that potentially LETPP provides invaluable financial assist- States before 9/11? It was the bomb at a State could receive no funding at all ance to our state and local law enforcement the Murrah Federal Building in Okla- under this program. partners as they address the country’s home- homa City, but Oklahoma City would land security priorities outlined in the Na- I thank the Chair. not benefit from these amendments tional Preparedness Goal. One of the most The PRESIDING OFFICER. Who from the Senators from California and successful initiatives undertaken by state yields time? and local first responders has been the all- Illinois. The time will be charged equally to Let’s go around the world. In 2001, a source, Intelligence Fusion Centers, funded all controlling time. primarily through the LETPP program. plot was uncovered by intelligence Mr. LIEBERMAN. Mr. President, I Clearly the LETPP has been a tremendous agencies to attack an American school mechanism by which state and local public will proceed and yield myself time. in Singapore. In 2002, in Bali, Indo- safety programs have been built to address The first two amendments, one of- nesia, terrorists targeted a dis- the new requirements for all-hazards and ter- fered by the Senator from California cotheque. In 2003, terrorists struck a rorism prevention and response. and the second offered by the Senator residential compound in Riyahd. In Second, we commend the Committee’s cre- from Illinois, are an attempt to get 2004, terrorists targeted a school in ation of an Office for the Prevention of Ter- more funding for the large States at rorism. As described in the bill, this new of- Beslan. In October 2004, computer disks the expense of the smaller States, and were discovered in Iraq at a known in- fice would be a useful point of coordination there is a myth around about the fact and support for law enforcement within the surgent’s home containing detailed Department of Homeland Security. Coordi- that the larger States are not being floor layouts and evacuation routes for nation and information sharing among the adequately funded. The fact is that plans in various States in the United federal, state and local law enforcement and under the fiscal year 2006 homeland se- States of America. public safety agencies is critically impor- curity grant funding, five States—Cali- This is the nature of the enemy. This tant. This new office would serve as a point fornia, Texas, New York, Florida, and is an inhumane but thinking enemy. of liaison and as an advocate for prevention Illinois—received 42 percent of the They will strike where they determine and law enforcement activities, thereby in- antiterrorism funds, while 20 States re- we are most vulnerable. That is why we creasing coordination, focusing funding and, ceived less than 12 percent cumula- ultimately, increasing the safety of our citi- think, as a matter of elemental fair- zens. tively. ness but also sound and strong home- Third, we ask for your continued support California received in fiscal year 2006 land security, that most of the money for a minimum guarantee for State Home- as much money as the 22 States at the ought to go to the large States with land Security Grant Program (SHSGP) bottom in funding. the most visible, potential terrorist funds. The primary goals of any national I wish to thank my staff members for targets, but that some minimal homeland security strategy should be to: in- their humility in holding up that amount ought to go to all States. crease preparedness in our largest urban chart. Senator LEAHY would do that beyond areas; protect our targets of international What I am saying is, somebody said what the bill does. Senator FEINSTEIN significance; and, to increase overall na- the money is being spread across the and Senator OBAMA would reduce the tional preparedness. An attack or disruption amount most of the States would get of our power or water or food supply could country like peanut butter. No way. occur anywhere. Core foundations of our There is a lot of peanut butter and under this proposal from what the com- economy could be crippled from outside one jelly going to the larger States. They mittee bill recommends. That is why I of our major urban areas. States are working deserve it, but they would, by these strongly oppose the first two amend- hard to protect assets of national impor- two amendments, the Feinstein and ments that will come before us at tance within their borders and the safety of Obama amendments, would take even around 5:30. all our citizens. Only by continuing a fair, more money, as the Senator from I yield the floor. balanced and substantial state minimum The PRESIDING OFFICER. The Sen- Vermont quite movingly demonstrated guarantee can we be assured that all states ator from New Jersey. reach a threshold of preparedness under a na- in his rollcall of the losing States. Why Mr. LAUTENBERG. Mr. President, I tional preparedness plan. do the smaller States deserve some- come to the floor to support the Fein- We thank you for your work on this impor- thing? Because that is the nature of stein-Cornyn amendment and tell you I tant piece of legislation. the enemy. Everybody is vulnerable to must say I do not get it. We are talking Sincerely, this terrorist enemy to some degree. now about the security of our country. CABELL CROPPER, We are not making this up. Executive Director. We are talking about whether we put Mr. President, I ask unanimous con- the fences up around the most suscep- Ms. COLLINS. Mr. President, I wish sent, since we yielded 6 or 7 minutes to tible targets or whether we put fences, to make sure my colleagues recognize the Intelligence chairman and vice protective fences, around places in the that under the amendment offered by chairman, to add 4 minutes to the time country where there is no threat. my distinguished colleague and friend I was allocated under the initial pro- To every place there is a threat. No from California, that States would posal. It may be that we will still be matter where you go, you can see a have absolutely no guarantee at all of able to vote at 5:30. place that can be a threat. But where minimum funding under the Law En- The PRESIDING OFFICER. Is there the disease is, that is what the hospital forcement Terrorist and Prevention objection? is there for. Take those who have the Program. This is a very important pro- Mr. LAUTENBERG. Reserving the potential for the disease. If you use an gram. It has provided needed support right to object. The Senator from Cali- analogy, you don’t start putting the to public safety agencies across the fornia, I believe, still has time remain- antidote in places where the likelihood country for terrorism prevention, ing. of catching this disease is not very training, and information sharing. As Mr. LIEBERMAN. Yes, indeed. This strong. the direct result of the LETPP funding will not interfere with the time she has We are looking at this amendment over the past several years, State and reserved for the Senator from New Jer- and this bill. Thirty-four States, be- local law enforcement agencies have sey. sides New Jersey, will have resources

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2683 taken away. In my State, the FBI has would tell my friends, my dear friend, The Senator from Nevada [Mr. ENSIGN] determined the 2-mile stretch between the senior Senator from New Jersey proposes an amendment numbered 363 to the airport, Newark-Liberty Inter- and others, we have set aside nearly 60 amendment No. 275. national Airport and Port Newark, is percent of these funds for special pur- Mr. ENSIGN. I ask unanimous con- America’s most at-risk area for a ter- poses, high-threat areas, areas that we sent the reading of the amendment be rorist attack. We know that in a mo- determine need that money. We are dispensed with. ment of an orange alert the Prudential talking about the all-State minimum The PRESIDING OFFICER. Without Building in Newark has been a specific going to what is remaining. objection, it is so ordered. target of terrorists. In fact, in the sum- Again, I hope someone is listening to The amendment is as follows: mer of 2004 only three specific areas this debate. You can vote for these (Purpose: To establish a Law Enforcement were identified as potential targets next two amendments and a few States Assistance Force in the Department of under the orange alert: northern New will gain from them, but if you vote for Homeland Security to facilitate the con- Jersey, New York, and Washington, these next two amendments, here are tributions of retired law enforcement offi- cers during major disasters) DC. Yet I have listened to my col- the States that will lose or at best break even: Alabama, Alaska, Arizona, On page 389, after line 13, add the fol- leagues, and it disturbs me that they lowing: trivialize this purchase of some trucks Arkansas, Colorado, Connecticut, Dela- SEC. 15ll. LAW ENFORCEMENT ASSISTANCE in New Jersey. If those trucks were ware, District of Columbia, Hawaii, FORCE. used to take debris out of an exploded Idaho, Indiana, Iowa, Kansas, Ken- (a) ESTABLISHMENT.—The Secretary shall or damaged area, they would be pretty tucky, Maine, Maryland, Minnesota, establish a Law Enforcement Assistance valuable trucks. If there were snow on Mississippi, Montana, Nebraska, Ne- Force to facilitate the contributions of re- the ground when an attack took place, vada, New Hampshire, New Jersey, New tired law enforcement officers and agents it would be absolutely essential that Mexico, North Dakota, Oklahoma—Mr. during major disasters. President, I haven’t used my 13 min- (b) ELIGIBLE PARTICIPANTS.—An individual we have those trucks. may participate in the Law Enforcement As- We were struck and 700 people from utes yet, have I, because I still have a sistance Force if that individual— New Jersey died, as did 2,400 others lot of States to name here—— (1) has experience working as an officer or from other places around the area. We The PRESIDING OFFICER. The Sen- agent for a public law enforcement agency know where the heat is when it gets ator has 11 minutes. and left that agency in good standing; hot. We ought not be dealing out pork. Mr. LEAHY. I may need it—Oregon, (2) holds current certifications for fire- This is not a restaurant. We are not Rhode Island, South Carolina, South arms, first aid, and such other skills deter- talking about pork. We are not talking Dakota, Tennessee, Utah, Vermont, mined necessary by the Secretary; about putting money out there in case Virginia, West Virginia, Wisconsin, and (3) submits to the Secretary an applica- Wyoming. tion, at such time, in such manner, and ac- there is an attack here or there. We companied by such information as the Sec- know where the attacks take place. Without sounding like a poor ren- retary may reasonably require, that author- They take place in places with high dition of Johnny Cash’s song ‘‘I Have izes the Secretary to review the law enforce- density populations such as London or Been Everywhere, Man’’—one of my fa- ment service record of that individual; and Spain. We know New Jersey is at risk. vorites, I might say; he actually men- (4) meets such other qualifications as the New York is at risk. We know other tions Brattleboro, VT. If you vote for Secretary may require. major cities are at risk. They have my amendment, which will be the third (c) LIABILITY; SUPERVISION.—Each eligible been identified, and homeland security one, here are the States that do not participant shall— lose or break even. These are the (1) be protected from civil liability to the funds to fight terrorism should go to same extent as employees of the Depart- those places. States that will be protected under ment; and Recommendation 25 of the 9/11 Com- current funding: Alabama, Alaska— (2) upon acceptance of an assignment under mission report said homeland security these are States I hope will support the this section— grants should be distributed based sole- amendment of the Senator from (A) be detailed to a Federal, State, or local ly on risk. We are having a debate here, Vermont, because it is to their State’s government law enforcement agency; saying no, the fact that there are risks benefit: Alabama, Alaska, Arizona, Col- (B) work under the direct supervision of an should not count because everybody is orado, Connecticut, Delaware, District officer or agent of that agency; and of Columbia, Hawaii, Idaho, Indiana, (C) notwithstanding any State or local law at risk. Everybody is at risk but not at requiring specific qualifications for law en- the same degree. Iowa, Kansas, Kentucky, Maine, Mary- forcement officers, be deputized to perform I hope our colleagues will respond in land, Minnesota, Mississippi, Montana, the duties of a law enforcement officer. a way that is recommended by the 9/11 Nebraska, Nevada, New Hampshire, (d) MOBILIZATION.— Commission, supported by Secretary New Jersey, New Mexico, North Da- (1) IN GENERAL.—In the event of a major Chertoff of the Department of Home- kota, Oklahoma, Oregon, Rhode Island, disaster, the Secretary, after consultation land Security, and logic. Logic is on South Carolina, South Dakota, Ten- with appropriate Federal, State, and local this side. nessee, Utah, Vermont, Virginia, West government law enforcement agencies, may I encourage my colleagues to em- Virginia, Wisconsin, Wyoming—I real- request eligible participants to volunteer to assist the efforts of those agencies respond- brace a risk-based approach and sup- ize the District of Columbia can’t vote, ing to such emergency and assign each will- port the Feinstein-Cornyn-Lautenberg but if they could, they would vote with ing participant to a specific law enforcement amendment. us. agency. I yield the floor. Mr. President, how much time is re- (2) ACCEPTANCE.—If the eligible participant The PRESIDING OFFICER. Who maining to the Senator from Vermont accepts an assignment under this subsection, yields time? or is any time remaining? that eligible participant shall agree to re- Mr. LEAHY. Mr. President, how The PRESIDING OFFICER. The time main in such assignment for a period equal much time is left to the proponents of of the Senator has expired. to not less than the shorter of— the various amendments? Who yields time? (A) the period during which the law en- The Senator from Nevada. forcement agency needs the services of such The PRESIDING OFFICER. The Sen- participant; ator from Connecticut has 2 minutes AMENDMENT NO. 363 (B) 30 days; or remaining, the senior Senator from Mr. ENSIGN. Mr. President, I ask (C) such other period of time agreed to be- Vermont has 21⁄2 minutes remaining, unanimous consent to be allowed to tween the Secretary and the eligible partici- and the junior Senator from Illinois send an amendment to the desk, so it pant. has 13 minutes remaining. becomes pending. I already cleared it (3) REFUSAL.—An eligible participant may Mr. LEAHY. I thought we were vot- with both the ranking member and the refuse an assignment under this subsection ing at 5:30. That time has slipped or is chairman. without any adverse consequences. (e) EXPENSES.— that correct? The PRESIDING OFFICER. Without (1) IN GENERAL.—Each eligible participant The PRESIDING OFFICER. The Sen- objection, the pending amendment is shall be allowed travel expenses, including ator is correct. set aside. per diem in lieu of subsistence, at rates au- Mr. LEAHY. Mr. President, using The clerk will report. thorized for employees of agencies under sub- part of my remaining time, again I The legislative clerk read as follows: chapter I of chapter 57 of title 5, United

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2684 CONGRESSIONAL RECORD — SENATE March 6, 2007 States Code, while carrying out an assign- States based on risk, but says each The Senator’s analysis does not look ment under subsection (d). State deserves some minimum because at the impact she would have on all (2) SOURCE OF FUNDS.—Expenses incurred of the nature of the threat we face. four of the programs included in our under paragraph (1) shall be paid from The first amendment will be the one bill, yet her amendment does affect all amounts appropriated to the Federal Emer- gency Management Agency. offered by the Senator from California. four, and that is the reason our anal- (f) TERMINATION OF ASSISTANCE.—The I urge my colleagues to oppose that ysis is different. availability of eligible participants of the amendment. We cannot assume a precise calcula- Law Enforcement Assistance Force shall May I ask the Chair, has all time tion of risk. A Federal building in continue for a period equal to the shorter been used up except for the time of the Oklahoma City was not an obvious tar- of— Senator from Illinois? get for a terrorist bombing, and yet we (1) the period of the major disaster; or The PRESIDING OFFICER. The Sen- know the tragic attack that occurred (2) 1 year. ator is correct. (g) DEFINITIONS.—In this section— in that city. (1) the term ‘‘eligible participant’’ means Mr. LIEBERMAN. I understand Rural flight schools were not obvious an individual participating in the Law En- through the staff of the Senator from training grounds for terrorists, and yet forcement Assistance Force; Illinois that he is prepared to yield we know that terrorists trained in Nor- (2) the term ‘‘Law Enforcement Assistance back his time. man, OK. Force’’ means the Law Enforcement Assist- Mr. President, I think, consistent Portland, ME, was not an obvious de- ance Force established under subsection (a); with the spirit, if not the exact letter, parture point for the terrorist pilots as and of the unanimous consent we agreed to, they began their journey of death and (3) the term ‘‘major disaster’’ has the there should be a minute given to the meaning given that term in section 102 of the destruction on September 11, and that Robert T. Stafford Disaster Relief and Emer- Senator from California in support of is exactly what occurred. gency Assistance Act (42 U.S.C. 5122). the amendment, and perhaps a minute My point is that terrorists can and do (h) AUTHORIZATION OF APPROPRIATIONS.— to my ranking member in opposition. shelter, train, recruit, plan, prepare, There are authorized to be appropriated such The PRESIDING OFFICER. Without and attack in unlikely places. That is sums as may be necessary to carry out this objection, it is so ordered. one reason our bill puts so much em- section. The Senator from California is recog- phasis on prevention, an emphasis that Mr. ENSIGN. I yield the floor. nized. would be lost in the Senator’s amend- The PRESIDING OFFICER. The Sen- Mrs. FEINSTEIN. Mr. President, the ment. ator from Connecticut is recognized. point of this amendment is to produce I urge opposition to the amendment. AMENDMENT NO. 335 a bill that, as nearly as possible, mir- The PRESIDING OFFICER. All time Mr. LIEBERMAN. Mr. President, we rors the recommendations of the 9/11 is expired. have a few moments before the vote Commission. Those recommendations The question is on agreeing to the will go off. I gather Senator OBAMA is were clear and distinct. Money should Feinstein amendment No. 335. going to yield back the time remaining go to communities based on risk, Mr. LIEBERMAN. Mr. President, I to him. I say to my friends, the com- threat, and vulnerability. This should move to table the Feinstein amend- mittee bill reported out on a bipartisan not be a revenue-sharing program. Yes, ment No. 335 and ask for the yeas and vote, 16 to 0, with one abstention, has the big States have more infrastruc- nays. a balanced formula in it that overall ture, more highrises, more tunnels, The PRESIDING OFFICER. Is there a would increase homeland security more subways—the kinds of things sufficient second? funding to all States. We recognize that are attractive to terrorists. If that There appears to be a sufficient sec- with respect, and I think a sense of re- is in fact the case, as judged not by us ond. ality, that all of the States and all of but by the experts, then that money The clerk will call the roll. the people of the United States are vul- should be able to go where there is The assistant legislative clerk pro- nerable in the war against terrorism, risk, threat, and vulnerability. ceeded to call the roll. and there ought to be some minimum That is all this amendment does. We Mr. DURBIN. I announce that the amount for our first responders at each did not pull our figures out of the clear Senator from South Dakota (Mr. JOHN- State level. blue that concluded that 35 States are SON) is necessarily absent. The two amendments we are going to benefitted. These are the products of The PRESIDING OFFICER. Are there vote on, therefore, I oppose, because the Congressional Research Service any other Senators in the Chamber de- they would alter the formula in the analysis. We sent them the facts, and siring to vote? bill. Under the Feinstein amendment, what they say is, assuming a $913 mil- The result was announced—yeas 56, 34 States lose homeland security fund- lion authorization for the State Home- nays 43, as follows: ing as compared to the formula in the land Security Grant Program and the [Rollcall Vote No. 61 Leg.] bill. I repeat, we understand there are, Law Enforcement Terrorist Program, based on subjective risk assessments, this would be the result. YEAS—56 visible targets that appear particularly You cannot say whether someone is Akaka Dodd Murkowski Alexander Domenici Nelson (NE) in larger States that one might say going to get a grant, but these are Baucus Dorgan Pryor were probably more likely to be targets their nearest computations of who Bayh Ensign Reed of terrorists. We acknowledge that. Our would benefit on that list. Yes, some Bennett Enzi Roberts Biden Feingold Rockefeller formulas give most of the money to States do lose; there is no question. Bingaman Grassley these areas. Please vote ‘‘yes’’ on this amend- Salazar Bond Hagel Sanders Brownback Harkin I repeat a number that struck me. In ment. Sessions Bunning Hatch this fiscal year, 42 percent of the home- The PRESIDING OFFICER. The Sen- Shelby Byrd Inouye Snowe land security grant funding goes to 5 ator from Maine. Carper Klobuchar States: California, Texas, New York, Ms. COLLINS. Mr. President, this Cochran Kohl Stevens Florida, and Illinois. It should go to amendment is virtually identical to a Coleman Leahy Sununu Tester these states. But I do not think, insofar proposal we voted on last July during Collins Lieberman Conrad Lincoln Thomas as the first two amendments that are the Homeland Security appropriations Corker Lott Thune sponsored by colleagues from Cali- bill. In fact, we have repeatedly voted Craig Lugar Whitehouse fornia and Illinois, they should want on this formula issue. We need to bring Crapo McConnell Wyden more of the money, and take it from 34 all States up to a certain baseline level NAYS—43 States—in the case of the first amend- of preparedness. That does not mean Allard Clinton Gregg ment by Senator FEINSTEIN from Cali- we do not figure in the risk; we do. In- Boxer Coburn Hutchison fornia; that they should take from the deed, under our bill 95 percent of the Brown Cornyn Inhofe Burr DeMint Isakson other States which have needs as well. State Homeland Security Grant Pro- Cantwell Dole Kennedy This is a balanced formula in the un- gram funds and 100 percent of the Cardin Durbin Kerry derlying bill that gives the over- Urban Area Security Initiative funding Casey Feinstein Kyl whelming amount of money out to the will be allocated based on risk. Chambliss Graham Landrieu

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2685 Lautenberg Murray Stabenow The PRESIDING OFFICER (Mr. Kentucky, Maine, Maryland, Min- Levin Nelson (FL) Vitter MENENDEZ). Is there objection? With- nesota, Mississippi, Montana, Ne- Martinez Obama Voinovich McCain Reid Warner out objection, it is so ordered. braska, Nevada, New Hampshire, New McCaskill Schumer Webb Mr. LIEBERMAN. Mr. President, I Jersey, New Mexico, North Dakota, Menendez Smith now move to table the amendment of- Oklahoma, Oregon, Rhode Island, Mikulski Specter fered by the Senator from Illinois and South Carolina, South Dakota, Ten- NOT VOTING—1 ask for the yeas and nays. nessee, Utah, Vermont, Virginia, West Johnson The PRESIDING OFFICER. Is there a Virginia, Wisconsin, and Wyoming. The motion was agreed to. sufficient second? There is a sufficient I am not suggesting people should Mr. LIEBERMAN. Mr. President, I second. vote from a parochial interest, but I move to reconsider the vote. The question is on agreeing to the want my colleagues to know the vast Mr. LEAHY. Mr. President, I move to motion. majority of States—small and me- lay that motion on the table. The clerk will call the roll. dium—in this country would be pro- The motion to lay on the table was The bill clerk called the roll. tected by the Leahy-Thomas amend- agreed to. Mr. DURBIN. I announce that the ment. AMENDMENT NO. 338 Senator from South Dakota (Mr. JOHN- The PRESIDING OFFICER. Who The PRESIDING OFFICER. Without SON) is necessarily absent. yields time? objection, there will now be 2 minutes The PRESIDING OFFICER. Are there Mr. THOMAS. Mr. President, I think of debate equally divided on Obama any other Senators in the Chamber de- this is a very equitable and timely dis- amendment No. 338. siring to vote? tribution of these funds. I urge my col- The Senator from Illinois is recog- The result was announced—yeas 59, leagues to support this amendment. nized. nays 40, as follows: Mr. LEAHY. I ask for the yeas and Mr. OBAMA. Mr. President, this [Rollcall Vote No. 62 Leg.] nays. amendment aims at moving us closer YEAS—59 The PRESIDING OFFICER. Is there a to a risk-based allocation of resources. sufficient second? Akaka DeMint McConnell There is a sufficient second. It takes us a step closer to the 9/11 Alexander Dodd Murkowski Commission report. I want to let every- Allard Dole Nelson (NE) The question is on agreeing to one know that 34 States actually po- Baucus Ensign Pryor amendment No. 333. The clerk will call tentially do better under this amend- Bayh Enzi Reed the roll. Bennett Graham Reid ment. Six States are held harmless, Biden Grassley The assistant legislative clerk called Roberts the roll. and there are some States that would Bond Hagel Salazar Brownback Harkin get less money. But keep in mind the Sanders Mr. DURBIN. I announce that the Bunning Hatch Sessions Senator from South Dakota (Mr. JOHN- whole goal of this particular program Byrd Inhofe is to ensure that money is allocated on Carper Inouye Shelby SON) is necessarily absent. Snowe the basis of risk. It would still be .25 Chambliss Isakson The PRESIDING OFFICER. Are there Coburn Klobuchar Stevens any other Senators in the Chamber de- percent of the money allocated to Sununu Cochran Kohl siring to vote? every State. It would still be a min- Coleman Leahy Tester imum, and there would still be money Collins Lieberman Thomas The result was announced—yeas 49, through other programs that would en- Corker Lincoln Thune nays 50, as follows: Craig Lott Whitehouse [Rollcall Vote No. 63 Leg.] sure that money is allocated to States Crapo Lugar Wyden for all-hazard purposes. YEAS—49 NAYS—40 So I strongly urge all in this Cham- Akaka Feingold Reid ber to take a look at this bill and look Bingaman Feinstein Murray Baucus Grassley Roberts Boxer Gregg Nelson (FL) Bayh Hagel Rockefeller at the chart that we passed out. There Brown Hutchison Obama Bennett Harkin Salazar have been arguments from my good Burr Kennedy Rockefeller Biden Hatch Sanders friend, the Senator from Connecticut, Cantwell Kerry Schumer Bingaman Inouye Sessions as well as the Senator from Maine, sug- Cardin Kyl Smith Brownback Klobuchar Shelby Casey Landrieu Specter Byrd Kohl Smith gesting that somehow States get less Clinton Lautenberg Carper Leahy Stabenow Specter Conrad Levin Cochran Lincoln money. That is only the baseline; it Vitter Stevens Cornyn Martinez Coleman Lott does not include the money that would Voinovich Tester Domenici McCain Conrad Lugar Warner be allocated on the basis of risk. Dorgan McCaskill Craig McConnell Thomas I urge a ‘‘no’’ vote on this motion to Durbin Menendez Webb Crapo Murkowski Thune table. Feingold Mikulski Dodd Nelson (NE) Whitehouse Mr. LIEBERMAN. Mr. President, I Dorgan Pryor Wyden NOT VOTING—1 Enzi Reed rise to oppose the amendment by the Johnson Senator from Illinois, and in that sense NAYS—50 to support the very balanced formula The motion was agreed to. Alexander Dole Martinez in our underlying bill which gives most Mr. LIEBERMAN. I move to recon- Allard Domenici McCain Bond Durbin of the money in homeland security sider the vote. McCaskill Ms. COLLINS. I move to lay that mo- Boxer Ensign Menendez grant funding based on risk but ac- Brown Feinstein Mikulski knowledges that every State faces the tion on the table. Bunning Graham Murray threat of terrorism and therefore de- The motion to lay on the table was Burr Gregg Nelson (FL) agreed to. Cantwell Hutchison Obama serves some minimum amount of fund- Cardin Inhofe Schumer AMENDMENT NO. 333 Casey Isakson ing. This amendment essentially raises Snowe Chambliss Kennedy the same points that the amendment The PRESIDING OFFICER. There is Stabenow Clinton Kerry offered by the Senator from California now 2 minutes of debate equally di- Coburn Kyl Sununu did, which my colleagues were just vided on the Leahy amendment No. 333. Collins Landrieu Vitter The Senator from Vermont. Corker Lautenberg Voinovich good enough to table. The amendment Warner Mr. LEAHY. Mr. President, this is Cornyn Levin of the Senator from Illinois would DeMint Lieberman Webb leave 32 of our States with less guaran- the Leahy-Thomas amendment. The teed funding than the underlying bill, Senate has rejected the last two NOT VOTING—1 S. 4. amendments. This is the amendment Johnson I urge my colleagues to support the that protects small and medium The amendment (No. 333) was re- committee bill and oppose this amend- States. The Leahy-Thomas amendment jected. ment. would protect Alabama, Alaska, Ari- Mr. REID. Mr. President, I move to Mr. President, I ask unanimous con- zona, Arkansas, Colorado, Connecticut, reconsider the vote. sent that the next two votes be 10- Delaware, the District of Columbia, Mr. LEAHY. I move to lay that mo- minute votes as opposed to 15. Hawaii, Idaho, Indiana, Iowa, Kansas, tion on the table.

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2686 CONGRESSIONAL RECORD — SENATE March 6, 2007 The motion to lay on the table was (C) at least one of the databases was ob- bombers. One news account describes a agreed to. tained from or remains under the control of branch of the bank in the Palestinian Mr. REID. Mr. President, that was a non-Federal entity, or the information was territories whose walls are covered the last vote for tonight. I have been in acquired initially by another department or with posters eulogizing suicide bomb- contact with the two managers of the agency of the Federal Government for pur- poses other than intelligence or law enforce- ers. bill and the distinguished Republican ment. According to other news accounts, leader, and we are trying to work out (2) DATABASE.—The term ‘‘database’’ does these suicide bombers in the Pales- some votes in the morning prior to not include telephone directories, news re- tinian territories are recruited with King Abdullah. What we would like to porting, information publicly available via the promises that their families will be do is have a vote on McCaskill and Col- the Internet or available by any other means taken care of financially after the at- lins, and then we also have some non- to any member of the public, any databases tack. Saudi charities, the Palestinian germane amendments we have been maintained, operated, or controlled by a Authority, and even Saddam Hussein given by the minority that they would State, local, or tribal government (such as a State motor vehicle database), or databases have rewarded suicide bombers’ fami- like to dispose of, and we have a couple of judicial and administrative opinions. lies for their acts. According to one ac- of nongermane amendments on this (c) REPORTS ON DATA MINING ACTIVITIES BY count, Saddam Hussein paid $35 million side we would like to dispose of. The FEDERAL AGENCIES.— to terrorists’ families during his time. staff, during that hour or two, will (1) REQUIREMENT FOR REPORT.—The head of Obviously, his actions are no longer of work to see if we can come up with each department or agency of the Federal concern, but we should all be deeply some kind of agreement toward com- Government that is engaged in any activity to use or develop data mining shall submit a concerned about other wealthy individ- pletion of this bill. report to Congress on all such activities of uals and financial institutions that I want all Senators to know, as I an- the department or agency under the jurisdic- continue to pay out these rewards. It is nounced at the Democratic caucus tion of that official. The report shall be undoubtedly the case that in some in- today, that I am going to file cloture made available to the public, except for a stances, these payments make the dif- tomorrow on this bill. I hope we can classified annex described paragraph (2)(H). ference in whether an individual will have a good, full day of trying to com- (2) CONTENT OF REPORT.—Each report sub- commit a suicide bombing. plete this bill, and I also hope we can mitted under paragraph (1) shall include, for My amendment will make it a Fed- work something out where we may not each activity to use or develop data mining, the following information: eral crime, with extraterritorial juris- have to have a cloture vote on Friday. (A) A thorough description of the data diction in cases that can be linked to If we do, we have to finish this bill this mining activity, its goals, and, where appro- U.S. interests, to pay the families of week. We could have some votes late priate, the target dates for the deployment suicide bombers and other terrorists into Friday. Everyone should be put on of the data mining activity. with the intent to facilitate terrorist notice now that it may be necessary to (B) A thorough description, without reveal- acts. My amendment also makes other have some Friday votes. ing existing patents, proprietary business processes, trade secrets, and intelligence improvements to the antiterrorism Mr. COBURN. Mr. President, I ask laws, primarily by increasing the max- unanimous consent that I be recog- sources and methods, of the data mining technology that is being used or will be used, imum penalties for various aspects of nized, following the Senator from Ari- including the basis for determining whether the material support offenses, which zona for 3 minutes and the Senator a particular pattern or anomaly is indicative already exist in law. from Connecticut for 5 minutes, for of terrorist or criminal activity.’’ I hope, as I said, my colleagues will such time as I might consume on an AMENDMENT NO. 317 view this as an amendment which we amendment on this bill. Mr. KYL. Mr. President, at this point can adopt on a bipartisan basis. It is an The PRESIDING OFFICER. Is there I wish to briefly address another important amendment to ensure that objection? amendment, amendment No. 317, which another avenue of terrorism can be Mr. AKAKA. Mr. President, I will not is already pending. This is an amend- shut off. I ask for my colleagues’ af- object, but I would like to receive the ment which would prohibit rewarding firmative consideration of this amend- President’s assurance that this matter families of suicide bombers for such at- ment No. 317, and I thank the Senator will continue to be debated tomorrow. tacks and stiffen penalties for other from Oklahoma for his courtesies ex- Mr. COBURN. I have no problem terrorist crimes. This is one we can tended to me. agreeing to debate this again tomor- hopefully adopt on a bipartisan basis. The PRESIDING OFFICER. The Sen- row. It would create the new offense of aid- ator from Connecticut. Mr. AKAKA. No objection. Mr. DODD. Mr. President, let me also The PRESIDING OFFICER. Without ing the family or associates of a ter- address my thanks to our colleague objection, it is so ordered. rorist with the intent to encourage ter- rorist acts. It is targeted at those indi- from Oklahoma. Before I discuss the AMENDMENT NO. 357, AS MODIFIED viduals who give money to the families Banking Committee’s contribution to Mr. KYL. Mr. President, first I have of suicide bombers after such bomb- this important bill, I would like to a modification of my amendment No. ings. The amendment would make it a take a moment to provide some 357 I would like to send to the desk. Federal offense to do so if the act can thoughts on the overall bill—especially That amendment has already been of- be connected to the United States and the initiatives pertaining to our Na- fered. tion’s homeland security. Over 5 years The PRESIDING OFFICER. The if the defendant acted with the intent after the tragic events of 9/11 and al- amendment is so modified. to facilitate, reward, or encourage The amendment, as modified, is as international acts of terrorism. most 20 months since the tragic events follows: Let me offer an example of why this of Hurricanes Katrina and Rita, we At page 174, strike line 1 and all that fol- amendment is necessary. In August of continue to hear from Governors, coun- lows through page 175, line 18, and insert the 2001, a Palestinian suicide bomber at- ty executives, mayors, first responders, following: tacked a Sbarro pizza parlor in Jeru- health professionals, and emergency ‘‘(1) DATA-MINING.—The term ‘‘data-min- salem. Among those killed was an preparedness officials that our country ing’’ means a query or search or other anal- American citizen, Shoshana Green- as a whole remains unprepared for an- ysis of one or more electronic databases, baum, who was a schoolteacher and other manmade or natural disaster. We where— (A) a department or agency of the Federal who was pregnant at the time. Shortly have heard the argument, which I sup- Government is conducting the query or after this bombing took place, the fam- port, that Congress needs to do more to search or other analysis to find a pattern in- ily of the suicide bomber was told to go support regional and local efforts to dicating terrorist or other criminal activity to the Arab Bank. The bomber’s family protect Americans. on the part of any individual or individuals; began receiving monthly payments Overall, I believe this bill takes a (B) the search does not use personal identi- through an account at that bank and critical step forward in protecting fiers of a specific individual or does not uti- Americans at home from manmade and lize inputs that appear on their face to iden- later received a lump payment of tify or be associated with a specified indi- $6,000. natural disasters. It codifies several vidual to acquire information, to retrieve in- According to press accounts, this is recommendations made by the 9/11 formation from the database or databases; not the only time Arab Bank has fun- Commission—seminal recommenda- and neled money to the families of suicide tions that, nearly 3 years after being

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2687 issued, have still not been implemented fortunately been the major source of priate appropriation from the respon- by this White House or the Congress. some of the terrorist activities over sible committees, that we will be able I support the measures in this bill de- the last number of years. It is no secret to provide some additional security for signed to allocate critical resources that worldwide terrorists have favored this critically important system of our based on concrete risk and effective- public transit as a target. Transit has economy. ness analysis. I also support the meas- been the single most frequent target of Again, I am grateful to the members ure in this bill that establishes a min- terrorism. of the committee, as well as my col- imum base of funding for all States. We In the decade leading up to 2000, 42 leagues here, for their indication of all know how important initiatives percent of terrorist attacks worldwide support of this effort. It is going to be like the State Homeland Security targeted rail systems or buses, accord- very important to all of us across this Grant Program and the Law Enforce- ing to a study done by the Brookings country. This is not limited, obviously, ment Terrorism Prevention Program Institution. In 2005 they attacked, as I to the east coast or west coast. In fact, are to our States and localities. While mentioned, London’s rail and bus sys- now some of the most urbanized States I believe those areas with higher de- tem killing 52 riders and injuring al- in the country are Western States with grees of risk from manmade and nat- most 700 more in what has been called mass transit systems. It is going to be ural disasters should receive adequate London’s bloodiest peacetime attack. very important we provide the kind of resources proportionate to that risk, I In 2004 they attacked Madrid’s metro support that this provision of the bill also believe that all areas of our coun- system killing 192 people and leaving does. try should receive a base amount of 1,500 people injured. Again, my thanks to Senator SHEL- funding that guarantees the protection The Banking Committee heard testi- BY, to all members of the committee of all Americans. mony from the leaders of these two who played a very constructive role in I am going to jump to the section of transit systems, as I mentioned. Tran- crafting this legislation, as they did in the legislation over which the Senate sit is frequently targeted because it is the 109th Congress and, again, to my Banking, Housing, and Urban Affairs tremendously important to any na- colleague from Connecticut and my Committee has specific jurisdiction. tion’s economy. Securing our transit colleague from Maine for their fine The Presiding Officer is a distinguished systems and our transportation net- work on this issue, making this a part member of the committee. He will re- works generally is a difficult challenge of this bill. I urge the adoption of this call just a few weeks ago we marked up under any circumstances. Every act to section when the full bill is considered. the transit security bill which is now a increase security generally potentially Again, my thanks to my colleague part of this legislation. limits the specific security needs of a from Oklahoma for providing some I thank Senator RICHARD SHELBY, my transit agency. The bill includes grants time. I yield the floor. ranking member on the committee, for security equipment, evacuation The PRESIDING OFFICER. The Sen- former chairman of the committee, for drills, and, most importantly—what we ator from Oklahoma. his cooperation, and I thank all mem- heard from the witnesses, particularly Mr. COBURN. Mr. President, what is bers of the committee. We marked up from Madrid and London—worker the pending amendment? this piece of the bill now before the training. Indeed, the bill requires The PRESIDING OFFICER. The Kyl Senate, unanimously. It is very much a worker training for all systems that re- amendment is the pending amendment. reflection of what the committee did ceive security grants. The importance AMENDMENT NO. 345 previously in the 109th Congress to deal of worker training can be scarcely Mr. COBURN. I ask unanimous con- with transportation security, and we overstated. Transit workers are the sent that pending amendment be set thought it was an important matter to first line of defense against an attack aside in consideration of an amend- raise at the outset. and the first to respond to an event of ment that has already been called up, My compliments to the chairman of an attack. my amendment, No. 345. the committee for the underlying legis- Mr. O’Toole, the director of London’s The PRESIDING OFFICER. Without lation, who is responsible for the home- transit system said: objection, it is so ordered. land security issues, and his colleague You have to invest in your staff and rely Mr. COBURN. This is a pretty from Maine, for the tremendous work on them. You have to invest in technology, straightforward amendment. they have done on this bill, and for but don’t rely on it. I also ask unanimous consent Sen- others who have been involved in it. Finally, the bill authorizes funds for ator MCCAIN be added as a cosponsor of I would be remiss if I also didn’t com- the research of new and existing secu- this amendment. mend the distinguished chairman of rity technologies and fully authorizes The PRESIDING OFFICER. Without the Commerce Committee, Senator the funding of the Information Sharing objection, it is so ordered. INOUYE, and his ranking member, Sen- Analysis Center, a valuable tool that Mr. COBURN. One of the first things ator STEVENS, for their work, as well as provides transit agencies timely infor- we found out after 9/11 was a lot of our Senator REID, the majority leader, for mation on active threats against their emergency workers could not talk to bringing this all together in one pack- systems. each other. That was one of the most age. Over the years we have invested glaring, obvious defects in our response It is also important we recognize how heavily in aviation security. In fact, we to emergencies—that emergency per- important transit security is. The Pre- have invested about $7.50 per aviation sonnel had difficulty, from one group siding Officer and others will recall we passenger per trip. About 1.8 million to another, talking to one another. As had a hearing on this subject matter people travel using the aviation system a matter of fact, it limited their abil- and heard from some very interesting daily in this country. 14 million people ity to save lives. witnesses. It is not all that common use mass transit systems every work- From the beginning of the 9/11 Com- that we invite witnesses who are not day. We have invested about $380 mil- mission and from the start, in 2002, U.S. citizens to come and participate in lion in the security of mass transit sys- that has been addressed in multiple congressional hearings. But given the tems. That is about one penny per pas- ways. The purpose of this amendment tragedies in Madrid and London, we senger per trip. is to describe what is obviously some- thought it might be worthwhile to hear I am not suggesting, nor do we re- thing that is not good for us as a na- from those who manage the transit op- quire, that there be an equilibrium be- tion. erations in those two cities to come tween the security systems of both We presently have occurring with the and share with us information about aviation and mass transit systems. But Deficit Reduction Act of 2005 an elec- those two experiences. I think their our bill does provide an authorization tromagnetic spectrum which was sold testimony was very helpful in gal- of $3.5 billion to increase exactly the off and $1 billion reserved under a pro- vanizing the importance of this issue kind of operations I have described gram called the Public Safety Inter- and the attention of the committee briefly, including the training issues operability Public Service Grant Pro- and, we hope, our colleagues as well. which are critically important. gram. That $1 billion was carved off We learned in those hearings, of We believe with this additional au- and that is where we are going to spend course, that transit attacks have un- thorization, and we hope an appro- it. I don’t disagree with that at all.

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One is better and the The purpose of this amendment the grant programs to eliminate confu- other is not. Yet we continue sending would be to combine the two duplica- sion. That is exactly what this amend- money down both holes, not making tive grant programs for interoper- ment does. It reorganizes the grant adjustments as to which gives us the ability. It does it by repealing the PSIC programs into one grant program, one best value for our money. Grant Program at Commerce and it re- place where you go to get it, one source What has happened with this money directs the funding set aside for the of planning, one source of administra- from the Commerce Department, PSIC Grant Program at Commerce to tion for it. through a memorandum of under- funding the Emergency Communica- I will not go into the reasons why we standing, is the administration of this tions and Interoperability Grant Pro- have two programs, but needless to say grant program has been transferred to gram at DHS. This will not decrease it is because Members of Congress are the Department of Homeland Security the amount of money. We are going to not talking to each other. We have two with a little fiat that the Department still spend $4.3 billion. But we are interoperability grant programs that of Commerce kept $12 million for them- going to do it through one grant pro- are not interoperable because we have selves. gram rather than two. a Congress that is not interoperable in This memorandum of understanding There are not going to be two sets of communications with one another in was dated just a few weeks ago, Feb- signals out there for the States that terms of committee to committee or ruary 16, and what it did is it gave the want to go after this money or the Member to Member. administration near complete adminis- communities that need to go after this The Department of Homeland Secu- trative control of this grant program, money. There is going to be one. rity has been cleared as the lead Fed- the one from Commerce, the one from There are a couple of technical eral agency for interoperability emer- 2005, to the Department of Homeland changes with this that are required, gency communications. That is where Security. This grant program has yet, which is repealing the Call Home Act these grants ought to be. That is who to date, to receive any applications for of 2006, which sets a deadline of Sep- we are going to hold accountable. By any grants to be administered under tember 30, 2007. We haven’t had the not having them both in the same de- the program. This is 2005; 2006 we did first grant application right now, so partment, then we are not going to be this. Now we are into March of 2007, able to hold them accountable when we and we have not received the first ap- that gives us less than 6 months to get grants in and advised and granted on do oversight. plication. The other thing is the average Amer- the PSIC Grant Program. S. 4, being considered on the Senate ican cannot afford to purchase two of Finally, I think a very important floor now, as I said, creates yet another anything. Many times with these two part of this amendment requires that interoperable grant program, the programs, we are going to see the same DHS study and report to Congress on Emergency Communications and Inter- thing paid for twice because the right the feasibility of engaging the private operability Grant Program. This pro- hand is not going to know what the left sector in developing a national inter- gram is also going to be administered hand is doing. There is no good policy operable emergency communications by the Department of Homeland Secu- reason for the Federal Government to rity. The purpose of this grant program network. Neither of these grant pro- have these two programs. is to make grants to States for pur- grams address the national focus that The other thing I think is fairly easy chasing interoperable equipment and would be needed. One of the problems to recognize is if you have two grant training personnel, testing on how and in Katrina was all the people who went programs, it is hard for the American when to use it—similar to the PSIC down there, the 9/11 responders and public to realize how much money we grant which was mainly for equipment. emergency responders, couldn’t com- are spending on the grant programs be- This program authorizes $3.3 billion to municate with the emergency respond- cause you have got to find one and be authorized in grants over the first 5 ers in Louisiana. then the other. The total, which is years of the program and indefinite What this says is, aren’t there some going to be $4.3 billion, is not recog- amounts, ‘‘such sums as are nec- brains out there in the private sector nized now. essary,’’ after that. who could tell us what we need to do The final reason is our first re- A question comes to mind: How much and then we could have our grant pro- sponder organizations write grants. money would it take for every first re- grams actually go to buy the equip- They are already required, in terms of sponder in this country to have inter- ment, the training, so the program is all of the things we have done in terms operable communications? We don’t already figured out so we don’t have of emergency preparedness, to provide address that in this bill. We just keep duplication so the people in Oklahoma multiple proposals annually right now sending the money for it, after we send can talk to the people in Kansas and to get Federal funding. Why would we the first $3.3 billion and then whatever Nebraska and in New York—all across not want them to have one application it takes after that, rather than looking the country. There is no national secu- for interoperability? It is a waste of and reassessing what our need is. rity reason why we need two interoper- their time and the State’s time. If S. 4 passes in its current form, able communication grant programs The arguments you are going to hear Congress will have authorized the cre- for the States. tomorrow—we are going to debate this ation of two nearly identical interoper- The second point: The administra- amendment again tomorrow afternoon ability grant programs. Again, inter- tion—this is another area of this bill with my colleagues from Hawaii and operability is this concept that first re- that they strongly oppose, setting up Alaska. They are going to say the PSIC sponders can talk to one another: if two identical or very similar grant pro- Grant Program is only authorized until there is a fire going on in Tulsa, and grams. 2010, so after that there would not be a there is a need that Oklahoma City No. 3, the Department of Commerce problem anymore for two grant pro- firefighters will be there, that they can has essentially contracted this grant grams. That is not a good reason to talk to them; that if there is some- program out to DHS. It rightfully have two grant programs. thing going on in Arkansas and Okla- should be. The public safety interoperability homa first responders need to be there, No. 4, the 9/11 economic report explic- program requires the department to co- there is the ability for them to talk to itly stated that Congress should not ordinate its efforts with the Secretary one another over their communications use grant programs as porkbarrel. If we of Homeland Security. Yes, they did. gear. have two grant programs running side They signed a memorandum of under- One of these grant programs is by side and one isn’t talking to another standing that says they are going to housed at Commerce but run by DHS. and a State has gotten one and they run it all.

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2689 Finally, the Commerce Department risk? What do we still need to do? We storms. In addition, Hawaii is unique has the authority and expertise over have not done that in this bill. That is in that it is 2500 miles from the U.S. emergency communication grant pro- how we are going to make good pol- mainland. If disaster strikes Hawaii, grams. Although the PSIC Program icy—making sure that the dollars we natural or otherwise, it does not have was placed in Commerce, all of the spend to protect America are spent on neighboring States to rely on for as- operational authority for that grant the areas that will get us the most in sistance. It therefore must have nu- program was essentially transferred to this bill that we are debating today. merous safety and security systems in the Department of Homeland Security. We refuse to do that. It authorizes this place and be relatively self-reliant. Ha- The Department of Homeland Secu- bill to continue forever. waii is also the gateway to the Pacific rity essentially treats the PSIC as part There is no sunset to it. There is no and, as such, provides support to Amer- of its own budget, showing that Com- stop to say that we need to relook at ican Samoa, Guam, and the Northern merce has no real role in administering this. There is nothing for the Congress Mariana Islands through the U.S. Pa- this program. to come back and look at as we did in cific Command, PACOM, in the event Another argument would be the pro- the PATRIOT Act, where we required of a disaster. Hawaii also provided as- grams are not identical but focus on that we had to come back and look at sistance and support to Thailand in the different aspects of communications it. We sunsetted it. And even though aftermath of the December 26, 2004, interoperability; it would hurt the we passed the PATRIOT Act last year, tsunami. emergency response community to get we took sections of it that we said we It is critical to remember that, al- rid of either one of the programs. know we are going to want to look at though the Federal Emergency Man- Well, the one that is in this bill does again, so we sunsetted it. agement Agency, FEMA, was folded it all. The one that is in the Commerce If we are going to be good stewards into the Department of Homeland Se- bill that we have already allocated $1 with the American taxpayer’s money, curity, DHS, its mandate as the prin- billion for is mainly about equipment, we ought to sunset this bill. We ought cipal Federal agency charged with ad- it is not as much about training. to sunset these two interoperability dressing preparation, mitigation, and We ought to know, if we are going to programs so that we know whether we response to all disasters, both natural spend $4.3 billion that emergency re- have accomplished what we desire and and manmade, remains. On January 18, 2007, DHS Secretary sponders anywhere ought to be able to know what the problems are so that we Chertoff announced his plan to reorga- talk to one another. We do not know can predict them. By not sunsetting, nize DHS. That plan calls for FEMA to that with this money. There is no by not combining the programs, by not assume control of the Grants and string on this money that says that is efficiently spending and wisely plan- Training program, including the State the end goal. That is why a study com- ning the spending of the American tax- Homeland Security Grant Program, ing out of the Department of Homeland payer dollars is getting us on down the SHSGP, and other grant programs— Security that says go look at the out- road where we do not want to be, which grant programs that fund not only ac- side and ask the private sector to tell is more and more of what we are spend- tivities to prepare for, mitigate, and us how do we take this spectrum that ing today being paid for more and more respond to terrorist attacks but also has been set aside, two different sec- by our grandchildren and children of activities to prepare for, mitigate, and tions of spectrum for this, and how do tomorrow. respond to natural disasters. Securing we create a plan so that throughout I thank you for the time. I look for- our homeland does not only mean pro- ward to debating this bill tomorrow the whole country, no matter what the tecting it from terrorists but also from need is, one group of emergency re- with Senator STEVENS and Senator the effects of mother nature, a force sponders can talk to another? INOUYE. My hope is that Senator capable of directing a Katrina-sized That is what we ought to be getting MCCAIN, who is a member of the Com- hurricane to our soil. for our $4.3 billion. That is not in ei- merce Committee, will be here to aid In his recently released book, ‘‘The ther one of those programs. So what we in this. There is no reason for us to Edge of Disaster,’’ Dr. Stephen Flynn, are going to do is we are going to spend have two programs making States a senior fellow with the National Secu- $4.3 billion on these grant programs, apply for two different grant programs rity Studies Program at the Council on with no assurances that we are going that essentially do the same thing. Foreign Relations, argues that 90 per- to accomplish the very thing we seek We would not do that ourselves in cent of Americans reside in an area to accomplish. our homes. We would not set up two that will experience a moderate to I believe there could not be a more parallel requirements to accomplish major natural disaster at any given wasteful attempt at our spending when the same goal. We should not be doing time. This is not just about urban we do not know what we are going to it in this bill. areas; this is about nearly every Amer- do for an endpoint on the spending. Mr. AKAKA. Mr. President, I rise ican being faced with a significant nat- A few comments about the overall today in support of the grant funding ural disaster with a far higher likeli- bill. There has to come a point in time formula in the underlying bill, S .4, as hood than any terrorist attack. As Dr. in this country where we recognize well as Senator REID’s amendment in Flynn observes, we need ‘‘an all-haz- that we do not have enough money to the nature of a substitute. I also wish ards approach’’ in ‘‘constructing safer do everything we need to do to protect to underscore the comments made pre- communities and reducing the overall us. That is true today. Where we ought viously by the chairman and ranking fragility of the nation.’’ to be putting our money is where we member of the Homeland Security Hurricane Katrina illustrated that think the highest risks are. I agree Committee on which I serve. As Sen- the United States has limited surge ca- with the Presiding Officer. Areas such ators LIEBERMAN and COLLINS have ar- pacity at the State and local levels to as New Jersey are at much greater risk ticulated so well, I do not question the respond to a large-scale natural or and ought to get much greater funding. need for heavily populated States such manmade event. Aging infrastructure, They have a greater risk and a greater as New Jersey and Texas to receive ap- including faulty power grids, shortages need. propriate sums of homeland security in medical personnel and supplies Does that mean I am pleased if that grant funding to address their home- make the United States vulnerable and means soft targets in Oklahoma are land security needs, nor do I question exacerbate the impact of any attack or going to be exposed? No, but there has the need to protect chemical plants or natural disaster. If we have a weak in- to be a dispensing of the money based to protect nuclear power plants. All of frastructure, faulty and eroding levees, on what the most likely risks are. So this is beyond question. hopelessly outdated communications when we finish all of this, we will have The point of this debate is protecting systems, then we are vulnerable and no gotten what we wanted. America against many risks, both nat- amount of radiation portal monitors, Earlier today, I offered an amend- ural and manmade. The State of Ha- RPMs, will protect us from the cata- ment to sunset this bill in 5 years. We waii is subject to many natural disas- strophic impact of a terrorist attack or will look at it again and see what have ters including hurricanes, floods, natural disaster. we accomplished. What is left to ac- earthquakes, volcanoes, tsunamis, I strongly support the homeland se- complish? Where is the greatest area of wildfires, droughts, and tropical curity grant formula contained in S .4

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2690 CONGRESSIONAL RECORD — SENATE March 6, 2007 and Senator REID’s amendment in the sound foundation of sportsmanship for ment up close and to meet the individ- nature of a substitute. I oppose any ef- today and for the future. uals who make it work. forts to lower guaranteed funding lev- f The mission of the U.S. Senate Youth els for all States. Program, as set out in S. Res. 324 in I yield the floor and suggest the ab- VANDALISM OF AHAVAS TORAH 1962, states that ‘‘the continued vital- sence of a quorum. SYNAGOGUE ity of our Republic depends, in part, on The PRESIDING OFFICER. The Mr. SMITH. Mr. President, it is with the intelligent understanding of our clerk will call the roll. great sorrow that I bring to the atten- political processes and the functions of The assistant legislative clerk pro- tion of the Senate the recent van- our National Government by the citi- ceeded to call the roll. dalism and desecration of Eugene, OR’s zens of the United States; and the du- Mr. REID. Mr. President, I ask unan- only conservative synagogue, Ahavas rability of a constitutional democracy imous consent that the order for the Torah Synagogue, on February 22, 2007. is dependent upon alert, talented, vig- quorum call be rescinded. The targets of this vile act were two orous competition for political leader- The PRESIDING OFFICER. Without sacred Torah scrolls and accompanying ship.’’ objection, it is so ordered. prayer books. Police officers respond- Rita A. Almon has achieved the mis- f ing to neighbors’ calls found the build- sion of the U.S. Senate Youth Program ing ransacked and a locked wooden by adhering to the highest standards of MORNING BUSINESS chest containing the Torah scrolls ethics and integrity, setting a shining Mr. REID. Mr. President, I ask unan- pried open; the scrolls themselves were example for the young men and women imous consent that there be a period of torn and damaged. who participate. I join my colleagues morning business with Senators al- This event comes as a shock to the in commending her and wish her well lowed to speak therein for a period of dozen families who make up Eugene’s in her future endeavors.∑ up to 10 minutes each. small Orthodox community, but unfor- f The PRESIDING OFFICER. Without tunately is not an isolated event. In TRIBUTE TO MARVIN VAN objection, it is so ordered. 2002, Temple Beth Israel Synagogue HAAFTEN f was vandalized during a Shabbat serv- ∑ Mr. HARKIN. Mr. President, one of NATIONAL SPORTSMANSHIP DAY ice; in 2001 the congregation received hundreds of hate-filled letters; and in the joys of my job as a Senator is Mr. REED. Mr. President, I would 1994 the synagogue was fired upon with working closely with talented, dedi- like to acknowledge that today, March armor-piercing rifle rounds. cated Iowans from all walks of life. One 6th, 2007, we celebrate the 17th annual I am compelled to speak out against of the exceptional people is Marvin National Sportsmanship Day. Created this deplorable act of vandalism at the Van Haaften, director of the Iowa Gov- by the Institute for International Ahavas Torah Synagogue, which proves ernor’s Office of Drug Control Policy. Sport at the University of Rhode Island that hate crimes still pose a serious With his retirement in January, he will in 1991, this initiative seeks to promote threat to our Nation’s security and val- conclude an extraordinary career in and develop the highest ideals of ues. All forms of hatred and intoler- public service spanning over three dec- sportsmanship and fair play among not ance should be combated with every ades. only America’s youth but also the available tool and America’s leaders Marvin Van Haaften has lived in international community. Over its 17 need to send a clear message that acts Marion County most of his life, but his years, more than 13,500 schools and 80 of violence targeted at individuals of law enforcement experience and exper- million individuals across all 50 States any group will not be tolerated. For tise has been felt throughout the State and many countries around the world this reason, I have been a cosponsor of Iowa. Before being named by Gov- have participated in National Sports- and strong supporter of hate crimes ernor Tom Vilsack to be Iowa’s drug manship Day activities. On this day, in prevention legislation. policy coordinator in December 2002, he elementary schools, middle schools, The Talmud teaches us that he ‘‘who served as Marion County sheriff for 18 high schools, and colleges, students, can protest an injustice, but does not, years. He is a graduate of the FBI Na- teachers, coaches, and parents will dis- is an accomplice to the act.’’ Even tional Academy, certified as a peace of- cuss issues regarding sportsmanship though the existence of hatred is ficer by the Iowa Law Enforcement and fair play. foretold in the Torah, acts of anti-Sem- Academy, served in the National This year, National Sportsmanship itism and hate must be stopped before Guard, and was a licensed medical ex- Day will focus on the themes ‘‘Don’t anyone can truly worship safely and aminer investigator. Punch Back, Play Harder’’ and ‘‘Defeat freely. One key to his success is that he Gamesmanship.’’ These themes will speaks with the authority of a sea- f prompt participants to explore the soned veteran of decades on the front practical values of ‘‘competitive self- ADDITIONAL STATEMENTS line fighting crime and improving pub- restraint’’ and playing within the in- lic safety. Marvin was named Sheriff of tended spirit of the rules. It is impor- the Year in 1991 by the Iowa State tant for both our society and our cul- HONORING RITA A. ALMON Sheriffs’ and Deputies’ Association and ture that we instill these values in our ∑ Ms. COLLINS. Mr. President, I wish served as its president in 1996. With youth. Additionally, the celebration to honor Ms. Rita A. Almon, who has more than 32 years of law enforcement will include the 14th annual USA served as program director for the U.S. experience, he has taught extensively Today National Sportsmanship Day Senate Youth Program for 29 years. in the field of rural law enforcement, Essay Contest. She will retire after this year’s 45th an- particularly death investigation and I am pleased to say that Rhode Island niversary program, which is currently domestic violence crimes. He has pro- is home to the Institute for Inter- being held March 3 to 10, 2007, in Wash- vided local and national leadership on national Sport and National Sports- ington, DC. the role of law enforcement in stra- manship Day. For 17 years, the insti- During her tenure Ms. Almon has tegic victim safety and offender appre- tute and this initiative have enhanced overseen the education and safety of hension, and served on the board of di- the nature and health of competition thousands of high school student dele- rectors of the National Center for among our Nation’s youth. The efforts gates who come annually to the Na- Rural Law Enforcement. Marvin also of Senator Claiborne Pell and his able tion’s Capital for this unique edu- served on many local and State com- staff member Barry Sklar, Senator cational program about government, mittees such as the Iowa Criminal and John Chafee, founder Dan Doyle, and leadership and public service. She has Juvenile Justice Planning Advisory many others have contributed to the worked closely with Senators and their Council, the board of the Mid-Iowa success of this endeavor. I know that staffs as well as with senior officials Narcotics Enforcement Task Force, the this year’s National Sportsmanship from each branch of Government to se- board of the 18-county South Central Day celebration will continue to pro- cure an opportunity for these young Iowa Clandestine Laboratory Task mote fair play and in so doing ensure a men and women to see their Govern- Force, and was third vice president on

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2691 the board of directors of the Iowa Asso- vided the calm, wise leadership that impact on the music industry and that ciation of Counties. was necessary to soothe wounds that no one loved music more than he did. As a law enforcement officer, Marvin years of inequality inflicted on our Na- Ahmet’s deep appreciation and re- has seen firsthand the ravages that do- tion’s educational system. spect for musical roots and history mestic violence inflicts on innocent John was already a distinguished prompted him to establish a Rock and women and children. For that reason, member of the St. Louis community Roll Hall of Fame. he has been a committed advocate for when he rolled up his sleeves and The Hall of Fame Foundation was combating domestic abuse. During the delved into politics to bring positive created in 1983, and soon after, its nineties he served on the President’s change to the city of St. Louis by shap- board of trustees began searching for a National Advisory Council on Domestic ing its policies. He did not come from a suitable home for the museum. At that Violence, chaired by the Attorney Gen- family of politicians, and he did not in- time, about the midpoint of my decade eral and Secretary of Health and herit a political power base. He came as mayor of Cleveland, a regional ren- Human Services, setting policy and de- to politics as a thoughtful, practical, aissance was in full bloom, and Cleve- veloping domestic abuse and sexual as- and hard-working man who wanted to land was making a comeback. The city sault training for the Nation. He was make his community a better place to had a clear vision of our new destiny also a member of Iowa’s Domestic Vio- live. With these attributes, John Bass and knew where we were headed. lence Death Review Team, the Lieuten- won the trust and respect of St. Louis. The great people of my city had a ant Governor’s STOP Violence Against John served as an alderman, State dream: to land that Hall of Fame at Women Coordinating Council, and the senator, and cabinet official, but is home, in the heart of rock ’n’ roll, National Sheriffs Association’s Domes- best known for becoming the first Afri- right where it belonged. tic Violence Committee. can American to win the office of Moved by the undaunted initiative of The commitment that Marvin comptroller in St. Louis history. When Greater Cleveland civic and business brought to domestic violence, he also he ran for that office in 1973, the mayor leaders, I joined their determined ef- brought to his role as Iowa’s drug pol- told him that the prevailing racial ten- fort, boarded on a plane to New York, icy coordinator and director of the Of- sions in St. Louis would prevent his and pitched the idea to Ahmet and his fice of Drug Control Policy. As a law election. Undeterred, John ignored board of trustees. enforcement officer, he saw the de- that prediction, won his seat, crashed Our team’s stunning case suddenly struction that drug abuse wreaks on his way into the city’s most important made Cleveland a top contender. The families—the broken homes and ruined financial post, and left his mark on the news of our heavy impression galva- lives. He worked very hard at both the city of St. Louis. Regarded highly by nized the city and evoked a flood of State and national level to ensure that his contemporaries as well as older and public spirit and support that greeted the voices and needs of local law en- younger politicians, John helped pilot Ahmet and his board upon their subse- forcement were heard. He will leave the city of St. Louis through some of quent visit to scout the town. very big shoes to fill. I personally am its most turbulent years. Well, Ahmet never lost his ability to very grateful for the excellence, profes- With John’s passing, we have lost a recognize a winner, and when he sionalism, and long hours that he prolific public servant, a trusted friend, stepped off the plane in Cleveland, he brought to this job. and a quiet but powerful leader.∑ met one. I had the honor of presenting Marvin also realizes the importance f him with a key to our city and leading of a healthy, supportive family in a him on a local tour, showcasing what TRIBUTE TO AHMET ERTEGUN person’s life: Marvin has been married we had to offer. to his wife Joyce for 42 years and has 5 ∑ Mr. VOINOVICH. Mr. President, I A few months later, Ahmet and his grown children and 11 grandchildren. I wish to honor a celebrated American board reached a decision, and in their am sure they will enjoy his retirement, pioneer, a legendary entrepreneur, a good judgment, they selected Cleve- but my staff and I will miss his counsel devotee, an integral cultivator of land, where the term ‘‘rock ’n’ roll’’ and his can-do attitude. I have turned uniquely American music, and a great had been coined. We in Cleveland were to him again and again over the years, benefactor both to my home State of both proud and humbled. and he has never let me down. It has Ohio and my hometown of Cleveland, I am pleased to report, for more than meant so much to be able to rely on the late music executive Ahmet a decade, the Rock and Roll Hall of someone of his caliber for authori- Ertegun. Fame in Cleveland has been a popular tative answers and prompt answers.∑ The son of a Turkish Ambassador to global destination and a success for my f the United States, Ertegun arrived in hometown, for the State of Ohio, and this county in 1935 as a young boy des- IN MEMORY OF JOHN F. BASS for America. tined for diplomatic service. Yet at an I am fortunate that for a time, my ∑ Mrs. MCCASKILL. Mr. President, early age he developed a profound love duties in public services dovetailed today, I honor John Bass, a much loved for music, especially jazz and blues, with Ahmet’s vision for the future of member of the St. Louis community, that blossomed into a lifelong, remark- the Rock and Roll Hall of Fame. who died last month at the age of 80. able career. He has been recognized many times John Bass was soft-spoken and low-key At the age of 24, he cofounded the throughout his life. In 1987, he was in- but he was also a fighter. As a young independent Atlantic Records label, ducted into the Rock and Roll Hall of man, he served his country in the U.S. mounting a historic and formidable Fame. In 2000, our own U.S. Library of Navy. When he returned from service, challenge to contemporary industry gi- Congress honored him as a living leg- he found himself living in a racially di- ants by his keen ability to scout and end. And today, just a few weeks after vided, socially and economically trou- develop talent. In other words, he knew his death, I recognize him for his indel- bled city. Determined to bring change a winner when he met one. John ible contribution to the fabric of our to his community, John literally Coltrane, Ray Charles, and the Rolling great Nation.∑ fought his way through a college edu- Stones are among those in his rep- f cation. As a champion boxer, he won a ertoire. boxing scholarship to Lincoln Univer- An exemplary immigrant, Ahmet was MESSAGE FROM THE HOUSE sity. But John’s true fight for St. Louis well known for his ‘‘culturally tri- At 11:40 a.m., a message from the came long after he hung up his gloves. angular’’ relationships: He was a Turk- House of Representatives, delivered by As an educator in Beaumont High ish Muslim; many of his fellow execu- Ms. Niland, one of its reading clerks, School, John was a calming presence in tives were Jewish, and many of the art- announced that the House has passed a school bitterly divided by racial ten- ists they produced were African-Amer- the following bills, in which it requests sion. There, at Beaumont, and probably ican Christians. the concurrence of the Senate: for the first time in his life, John was David Geffen, the acclaimed enter- H.R. 122. An act to amend the Reclamation sent to the principal’s office the hard tainment mogul whom Ertegun intro- Wastewater and Groundwater Study and Fa- way. After he began his new job as duced to the record business, noted cilities Act to authorize the Secretary of the principal of Beaumont High, he pro- that fewer people have had a greater Interior to participate in the Inland Empire

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2692 CONGRESSIONAL RECORD — SENATE March 6, 2007 regional recycling project and in the to be administered as a part of the National nations. The original form was requested in Cucamonga Valley Water District recycling Landscape Conservation System, and for August and completed in September. Since project. other purposes; to the Committee on Energy that time, my family has made contributions H.R. 247. An act to designate a Forest Serv- and Natural Resources. to the following: H.R. 299. An act to adjust the boundary of ice trail at Waldo Lake in the Willamette 2006 National Forest in the State of Oregon as a Lowell National Historical Park, and for S. Dave Phillips, Mitt Romney, South national recreation trail in honor of Jim other purposes; to the Committee on Energy Carolina Pac, $3,500. Weaver, a former Member of the House of and Natural Resources. Katherine A. Phillips, Mitt Romney, Com- Representatives. H.R. 376. An act to authorize the Secretary monwealth Pac, 5,000. H.R. 276. An act to designate the Piedras of the Interior to conduct a special resource Katherine A. Phillips, Mitt Romney, South Blancas Light Station and the surrounding study to determine the suitability and feasi- Carolina Pac, 3,500. public land as an Outstanding Natural Area bility of including the battlefields and re- Lillian J. Phillips, Mitt Romney, South to be administered as a part of the National lated sites of the First and Second Battles of Carolina Pac, 3,500. Landscape Conservation System, and for Newtonia, Missouri, during the Civil War as Lillian J. Phillips, Mitt Romney, Common- other purposes. part of Wilson’s Creek National Battlefield wealth Pac, 5,000. H.R. 299. An act to adjust the boundary of or designating the battlefields and related Katherine J. Phillips, Mitt Romney, South Lowell National Historical Park, and for sites as a separate unit of the National Park Carolina Pac, 3,500. other purposes. System, and for other purposes; to the Com- Katherine J. Phillips, Mitt Romney, Com- H.R. 376. An act to authorize the Secretary mittee on Energy and Natural Resources. H.R. 467. An act to authorize early repay- monwealth Pac, 5,000. of the Interior to conduct a special resource ment of obligations to the Bureau of Rec- Boyd A. Phillips, Mitt Romney, South study to determine the suitability and feasi- lamation within the A & B Irrigation Dis- Carolina Pac, 3,500. bility of including the battlefields and re- trict in the State of Idaho; to the Committee Boyd A. Phillips, Mitt Romney, Common- lated sites of the First and Second Battles of on Energy and Natural Resources. wealth Pac, 5,000. Newtonia, Missouri, during the Civil War as H.R. 497. An act to authorize the Marion Lucy D. Phillips, Mitt Romney, South part of Wilson’s Creek National Battlefield Park Project, a committee of the Palmetto Carolina Pac, 3,000. or designating the battlefields and related Conservation Foundation, to establish a Lucy D. Phillips, Mitt Romney, Common- sites as a separate unit of the National Park commemorative work on Federal land in the wealth Pac, 5,000. System, and for other purposes. District of Columbia, and its environs to Also, I would like to list the contribution H.R. 467. An act to authorize early repay- honor Brigadier General Francis Marion; to that my family made to the President Inau- ment of obligations to the Bureau of Rec- the Committee on Energy and Natural Re- guration in 2005. We were listed as an under- lamation within the A&B Irrigation District sources. writer and the amount was $250,000. We un- in the State of Idaho. H.R. 807. An act to direct the Secretary of derstand that it is not necessary to list this H.R. 497. An act to authorize the Marion the Interior to conduct a special resource item because it is not political, but we feel Park Project, a committee of the Palmetto study to determine the feasibility and suit- that it is appropriate. Conservation Foundation, to establish a ability of establishing a memorial to the STANLEY DAVIS PHILLIPS. commemorative work on Federal land in the Space Shuttle Columbia in the State of Nominee: Stanley Davis Phillips (Dave). District of Columbia, and its environs to Texas and for its inclusion as a unit of the Post: Ambassador to Estonia. honor Brigadier General Francis Marion. National Park System; to the Committee on (The following is a list of all members of H.R. 807. An act to direct the Secretary of Energy and Natural Resources. the Interior to conduct a special resource H.R. 903. An act to provide for a study of my immediate family and their spouses. I study to determine the feasibility and suit- options for protecting the open space charac- have asked each of these persons to inform ability of establishing a memorial to the teristics of certain lands in and adjacent to me of the pertinent contributions made by Space Shuttle Columbia in the State of the Arapaho and Roosevelt National Forests them. To the best of my knowledge, the in- Texas and for its inclusion as a unit of the in Colorado, and for other purposes; to the formation contained in this report is com- National Park System. Committee on Energy and Natural Re- plete and accurate.) H.R. 903. An act to provide for a study of sources. Contributions, Amount, Date, and Donee: options for protecting the open space charac- H.R. 995. An act to amend Public Law 106– 1. Self, see attached. teristics of certain lands in and adjacent to 348 to extend the authorization for estab- 2. Spouse, see attached. the Arapaho and Roosevelt National Forests lishing a memorial in the District of Colum- 3. Children and Spouses: Lillian J. Phillips, in Colorado, and for other purposes. bia or its environs to honor veterans who be- Katherine J. Phillips, Boyd A. Phillips, Lucy H.R. 995. An act to amend Public Law 106– came disabled while serving in the Armed D. Phillips. 348 to extend the authorization for estab- Forces of the United States; to the Com- 4. Parents: Lillian Jordan Philips—de- lishing a memorial in the District of Colum- mittee on Energy and Natural Resources. ceased; Earl N. Phillips—deceased. bia or its environs to honor veterans who be- H.R. 1047. An act to authorize the Sec- 5. Grandparents: deceased. came disabled while serving in the Armed retary of the Interior to conduct a study to 6. Brothers and Spouses: Earl N. Phillips, Forces of the United States. determine the suitability and feasibility of Jr.; Sallie B. Phillips (estranged & divorc- H.R. 1047. An act to authorize the Sec- designating the Soldiers’ Memorial Military ing). See attached. retary of the Interior to conduct a study to Museum located in St. Louis, Missouri, as a 7. Sisters and Spouses: No sisters. determine the suitability and feasibility of unit of the National Park System; to the FEDERAL CAMPAIGN CONTRIBUTIONS designating the Soldiers’ Memorial Military Committee on Energy and Natural Re- 1. Stanley Davis Phillips (Dave). Museum located in St. Louis, Missouri, as a sources. Amount, Date, and Donee: $25,000, 01/06, unit of the National Park System. f Joint Candidate Committee; $10,000, 02/06, f MEASURES PLACED ON THE Tribute Victory Fund; $25,000, 09/06, Repub- lican National Committee; $5,000, 09/06, Mitt MEASURES REFERRED CALENDAR Romney Campaign Committee; $5,000, 04/05, The following bills were read the first The following bill was read the sec- Leadership Circle PAC; $25,000, 05/05, Repub- ond time, and placed on the calendar: lican National Committee; $4,200, 05/05, Eliza- and the second times by unanimous beth Dole for Senate Committee; $25,000, 03/ consent, and referred as indicated: S. 761. A bill to invest in innovation and education to improve the competitiveness of 04, Republican National Committee; $1,000, H.R. 122. An act to amend the Reclamation the United States in the global economy. 05/04, Richard Burr for Senate Committee; Wastewater and Groundwater Study and Fa- $5,000, 06/04, Leadership Circle PAC; $2,000, 05/ cilities Act to authorize the Secretary of the f 04, Bush-Cheney ’04; $2,500, 07/04, 2004 Joint Interior to participate in the Inland Empire EXECUTIVE REPORTS OF State Victory Committee; $27,500, 10/04, 2004 regional recycling project and in the COMMITTEES Joint Candidate Committee; $2,000, 06/03, Bob Cucamonga Valley Water District recycling Etheridge for Congress; $2,000, 09/03, Broyhill project; to the Committee on Energy and The following executive reports of for Congress; $25,000, 09/03, Republican Na- Natural Resources. nominations were submitted: tional Committee; $100, 09/03, Virginia Fox H.R. 247. An act to designate a Forest Serv- By Mr. BIDEN for the Committee on For- for Congress; $2,000, 10/03, Richard Burr for ice trail at Waldo Lake in the Willamette eign Relations. Senate Committee; $1,000, 09/02, Bob National Forest in the State of Oregon as a *Stanley Davis Phillips, of North Carolina, Etheridge For Congress; $5,000, 10/02, Dole national recreation trail in honor of Jim to be Ambassador Extraordinary and Pleni- North Carolina Victory Commitee. Weaver, a former Member of the House of potentiary of the United States of America Spouse—Katherine A. Phillips (Kay) Representatives; to the Committee on En- to the Republic of Estonia. Amount, Date, and Donee: $25,000, 01/06, ergy and Natural Resources. HIGH POINT, NC, Joint Candidate Committee; $10,000, 02/06, H.R. 276. An act to designate the Piedras December 27, 2006. Tribute Victory Fund; $25,000, 09/06, Repub- Blancas Light Station and the surrounding DEAR SENATORS. I would like to update my lican National Committee; $5,000, 04/05, Lead- public land as an Outstanding Natural Area family information concerning political do- ership Circle PAC; $800, 05/05, Elizabeth Dole

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2693 for Senate Committee; $25,000, 05/05, Repub- formation contained in this report is com- health of schoolchildren by updating the def- lican National Committee; $2,000, 06/04, Vir- plete and accurate.) inition of ‘‘food of minimal nutritional ginia Johnson for Congress; $5,000, 06/04, Contributions, Amount, Date, and Donee: value’’ to conform to current nutrition Leadership Circle PAC; $29,500, 07/04, 2004 1. Self, none. science and to protect the Federal invest- Joint Candidate Committee; $2,500, 07/04, 2004 2. Spouse, none. ment in the national school lunch and break- Joint State Victory Committee; $2,000, 06/03, 3. Children and Spouses, none. fast programs; to the Committee on Agri- Bush-Cheney ’04; $25,000, 09/03, Republican 4. Parents: Mother: Carol Crocker, none. culture, Nutrition, and Forestry. National Committee. Father: Howard Crocker, deceased. By Mr. KOHL (for himself, Mr. COLE- Lillian J. Phillips. 5. Grandparents: Deceased since 1923. MAN, Mr. FEINGOLD, Mr. VITTER, and Amount, Date, Donee: $25,000, 04/04, Repub- 6. Brothers and Spouses, none. Mr. ROCKEFELLER): lican National Committee; $35,500, 07/04, 2004 7. Sisters and Spouses, none. S. 772. A bill to amend the Federal anti- Joint Candidate Committee; $32,500, 07/04, * Nomination was reported with rec- trust laws to provide expanded coverage and Joint State Victory Committee; $2,000, 07/04, to eliminate exemptions from such laws that Bush-Cheney ’04. ommendation that it be confirmed sub- are contrary to the public interest with re- Katherine J. Phillips. ject to the nominee’s commitment to spect to railroads; to the Committee on the Amount, Date, and Donee: $25,000, 04/04, Re- respond to requests to appear and tes- Judiciary. publican National Committee; $35,500, 07/04, tify before any duly constituted com- By Mr. WARNER (for himself, Mr. 2004 Joint Candidate Committee; $32,500, 07/ mittee of the Senate. ROCKEFELLER, Ms. SNOWE, Ms. COL- 04, Joint State Victory Committee; $2,000, 07/ LINS, Mr. LOTT, and Mr. SUNUNU): f 04, Bush-Cheney ’04. S. 773. A bill to amend the Internal Rev- Boyd A. Phillips. INTRODUCTION OF BILLS AND enue Code of 1986 to allow Federal civilian Amount, Date, and Donee: $25,000, 04/04, Re- JOINT RESOLUTIONS and military retirees to pay health insurance publican National Committee; $35,500, 07/04, premiums on a pretax basis and to allow a 2004 Joint Candidate Committee; $32,500, 07/ The following bills and joint resolu- deduction for TRICARE supplemental pre- 04, Joint State Victory Committee; $2,000, 07/ tions were introduced, read the first miums; to the Committee on Finance. 04, Bush-Cheney ’04. and second times by unanimous con- By Mr. DURBIN (for himself, Mr. Lucy D. Phillips. sent, and referred as indicated: HAGEL, Mr. LUGAR, Mr. KENNEDY, Mr. Amount, Date, and Donee: $25,000, 04/04, Re- By Mr. BURR (for himself and Mr. CRAIG, Mr. LEAHY, Mr. MCCAIN, Mr. publican National Committee; $35,500, 07/04, LIEBERMAN, Mr. CRAPO, Mr. OBAMA, BINGAMAN): 2004 Joint Candidate Committee; $32,500, 07/ S. 765. A bill to establish a grant program and Mr. FEINGOLD): 04, Joint State Victory Committee; $2,000, 07/ S. 774. A bill to amend the Illegal Immigra- to improve high school graduation rates and 04, Bush-Cheney ’04. tion Reform and Immigrant Responsibility prepare students for college and work; to the Brother—Earl N. Phillips, Jr. Act of 1996 to permit States to determine Committee on Health, Education, Labor, and Amount, Date, and Donee: $1,000, 04/05, State residency for higher education pur- Pensions. Sharp Pencil PAC; $2,000, 03/04, Republican poses and to authorize the cancellation of re- By Mrs. CLINTON (for herself, Mr. Party of Florida; $500, 05/04, Virginia John- moval and adjustment of status of certain KENNEDY, Mr. HARKIN, Mrs. BOXER, son for Congress; $4,000, 06/04, Richard Burr alien students who are long-term United Ms. CANTWELL, Mr. DODD, Mr. FEIN- for Senate; $2,000, 07/04, Coble for Congress; States residents and who entered the United GOLD, Ms. KLOBUCHAR, Mr. LEAHY, $25,000, 10/04, Republican National Com- States as children, and for other purposes; to Mr. MENENDEZ, Ms. MIKULSKI, Mrs. mittee; $5,000, 10/04, 2004 Joint State Victory the Committee on the Judiciary. MURRAY, Mr. REED, Mr. REID, and Mr. Committee; $28,500, 10/04, 2004 Joint Can- By Mr. CARPER (for himself, Mr. SCHUMER): didate Committee II; $2,000, 10/04, Bush-Che- VOINOVICH, Mrs. CLINTON, and Mr. S. 766. A bill to amend the Fair Labor ney Compliance Committee; $25,000, 09/03, Re- COLEMAN): Standards Act of 1938 to provide more effec- publican National Committee. S. 775. A bill to establish a National Com- Spouse—Sallie B. Phillips Industries tive remedies of victims of discrimination in mission on the Infrastructure of the United Amount, Date, and Donee: $25,000, 10/04, Re- the payment of wages on the basis of sex, and States; to the Committee on Environment publican National Committee; $7,500, 10/04, for other purposes; to the Committee on and Public Works. 2004 Joint State Victory Committee; $2,000, Health, Education, Labor, and Pensions. By Mrs. CLINTON (for herself and Mr. By Mr. OBAMA (for himself, Mr. 10/04, Coble for Congress; $2,000, 10/04, Bush- SCHUMER): Cheney Compliance Committee; $35,500, 10/04, LUGAR, Mr. BIDEN, Mr. SMITH, Mr. S. 776. A bill to amend the Energy Employ- 2004 Joint Candidate Committee II; $25,000, BINGAMAN, Mr. COLEMAN, and Mr. ees Occupational Illness Compensation Pro- 10/03, Republican National Committee. SPECTER): gram Act of 2000 to include certain former * William B. Wood, of New York, a Career S. 767. A bill to increase fuel economy nuclear weapons program workers in the Member of the Senior Foreign Service, Class standards for automobiles and for other pur- Special Exposure Cohort under the energy of Minister-Counselor, to be Ambassador Ex- poses; to the Committee on Commerce, employees occupational illness compensa- traordinary and Plenipotentiary of the Science, and Transportation. tion program; to the Committee on Health, United States of America to the Islamic Re- By Mr. OBAMA (for himself, Mr. Education, Labor, and Pensions. public of Afghanistan. LUGAR, Mr. BIDEN, Mr. SMITH, Mr. By Mr. CRAIG: Nominee: William B. Wood. BINGAMAN, Mr. COLEMAN, and Mr. S. 777. A bill to repeal the imposition of Post: Ambassador to Afghanistan. SPECTER): withholding on certain payments made to (The following is a list of all members of S. 768. A bill to increase fuel economy vendors by government entities; to the Com- my immediate family and their spouses. I standards for automobiles and for other pur- mittee on Finance. have asked each of these persons to inform poses; to the Committee on Finance. By Mr. KENNEDY (for himself, Mr. me of the pertinent contributions made by By Mr. SALAZAR (for himself, Mr. BURR, Mr. KERRY, and Mr. SANDERS): them. To the best of my knowledge, the in- CHAMBLISS, Ms. COLLINS, and Mr. AL- S. 778. A bill to amend title IV of the Ele- formation contained in this report is com- LARD): mentary and Secondary Education Act of plete and accurate.) S. 769. A bill to amend the Elementary and 1965 in order to authorize the Secretary of Contributions, Amount, Date, and Donee: Secondary Education Act of 1965 to ensure Education to award competitive grants to el- 1. Self, 0. that participants in the Troops to Teachers igible entities to recruit, select, train, and 2. Spouse, N/A. program may teach at a range of eligible support Expanded Learning and After-School 3. Children and Spouses, N/A. schools; to the Committee on Health, Edu- Fellows that will strengthen expanded learn- 4. Parents, N/A. cation, Labor, and Pensions. ing initiatives, 21st century community 5. Grandparents, N/A. By Mr. HARKIN (for himself and Mr. learning center programs, and after-school 6. Brothers and Spouses, Peter R. Wood, 0. HATCH): programs, and for other purposes; to the 7. Sisters and Spouses, N/A. S. 770. A bill to amend the Food Stamp Act Committee on Health, Education, Labor, and * Ryan C. Crocker, of Washington, a Career of 1977 to permit participating households to Pensions. Member of the Senior Foreign Service with use food stamp benefits to purchase nutri- By Mr. CRAIG: the rank Personal Rank of Career Ambas- tional supplements providing vitamins or S. 779. A bill to reauthorize the Secure sador, to be Ambassador Extraordinary and minerals, and for other purposes; to the Rural Schools and Community Self-Deter- Plenipotentiary of the United States of Committee on Agriculture, Nutrition, and mination Act of 2000; to the Committee on America to the Republic of Iraq. Forestry. Energy and Natural Resources. Nominee: Ryan C. Crocker. By Mr. HARKIN (for himself, Ms. MUR- By Mr. PRYOR: Post: Ambassador to the Republic of Iraq. KOWSKI, Mr. DURBIN, Mr. VOINOVICH, S. 780. A bill to amend the Communica- (The following is a list of all members of Mr. MENENDEZ, Ms. CANTWELL, Mr. tions Act of 1934 to prohibit the unlawful ac- my immediate family and their spouses. I LIEBERMAN, Mr. CARPER, and Mr. quisition and use of confidential customer have asked each of these persons to inform SCHUMER): proprietary network information, and for me of the pertinent contributions made by S. 771. A bill to amend the Child Nutrition other purposes; to the Committee on Com- them. To the best of my knowledge, the in- Act of 1966 to improve the nutrition and merce, Science, and Transportation.

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2694 CONGRESSIONAL RECORD — SENATE March 6, 2007 By Mr. PRYOR: By Mrs. McCASKILL (for herself, Mr. services and to provide for more equi- S. 781. A bill to extend the authority of the BOND, Mrs. CLINTON, Mrs. BOXER, Ms. table reimbursement rates for certified Federal Trade Commission to collect Do- STABENOW, Ms. CANTWELL, Ms. MI- nurse-midwife services. Not-Call Registry fees to fiscal years after KULSKI, Mrs. FEINSTEIN, Mrs. MUR- S. 513 fiscal year 2007; to the Committee on Com- RAY, Mrs. LINCOLN, Ms. KLOBUCHAR, merce, Science, and Transportation. Mr. BINGAMAN, Mr. LEVIN, Mr. DODD, At the request of Mr. LEAHY, the By Mr. LOTT: Mr. OBAMA, and Mr. HARKIN): name of the Senator from Delaware S. 782. A bill to designate the United S. Res. 96. A resolution expressing the (Mr. CARPER) was added as a cosponsor States courthouse to be constructed in Jack- sense of the Senate that Harriett Woods will of S. 513, a bill to amend title 10, son, Mississippi, as the ‘‘Thad Cochran be remembered as a pioneer in women’s poli- United States Code, to revive previous United States Courthouse’’; to the Com- tics; to the Committee on the Judiciary. authority on the use of the Armed mittee on Environment and Public Works. By Mr. REID (for himself, Mr. MCCON- Forces and the militia to address inter- By Ms. LANDRIEU: NELL, Mrs. MCCASKILL, Mr. BOND, Mr. S. 783. A bill to adjust the boundary of the AKAKA, Mr. ALEXANDER, Mr. ALLARD, ference with State or Federal law, and Barataria Preserve Unit of the Jean Lafitte Mr. BAUCUS, Mr. BAYH, Mr. BENNETT, for other purposes. National Historical Park and Preserve in the Mr. BIDEN, Mr. BINGAMAN, Mrs. S. 527 State of Louisiana, and for other purposes; BOXER, Mr. BROWN, Mr. BROWNBACK, to the Committee on Energy and Natural Re- At the request of Mr. FEINGOLD, the Mr. BUNNING, Mr. BURR, Mr. BYRD, name of the Senator from Wyoming sources. Ms. CANTWELL, Mr. CARDIN, Mr. CAR- (Mr. THOMAS) was added as a cosponsor By Mr. REID (for himself, Mr. ENSIGN, PER, Mr. CASEY, Mr. CHAMBLISS, Mrs. and Mr. BENNETT): CLINTON, Mr. COBURN, Mr. COCHRAN, of S. 527, a bill to make amendments to S. 784. A bill to amend the Nuclear Waste Mr. COLEMAN, Ms. COLLINS, Mr. the Iran, North Korea, and Syria Non- Policy Act of 1982 to require commercial nu- CONRAD, Mr. CORKER, Mr. CORNYN, proliferation Act. clear power plant operators to transfer spent Mr. CRAIG, Mr. CRAPO, Mr. DEMINT, S. 535 nuclear fuel from the spent nuclear fuel Mr. DODD, Mrs. DOLE, Mr. DOMENICI, At the request of Mr. DODD, the name pools of the operators into spent nuclear fuel Mr. DORGAN, Mr. DURBIN, Mr. ENSIGN, of the Senator from Tennessee (Mr. AL- dry casks at independent spent fuel storage Mr. ENZI, Mr. FEINGOLD, Mrs. FEIN- installations of the operators that are li- STEIN, Mr. GRAHAM, Mr. GRASSLEY, EXANDER) was added as a cosponsor of censed by the Nuclear Regulatory Commis- Mr. GREGG, Mr. HAGEL, Mr. HARKIN, S. 535, a bill to establish an Unsolved sion, to convey to the Secretary of Energy Mr. HATCH, Mrs. HUTCHISON, Mr. Crimes Section in the Civil Rights Di- title to all such transferred spent nuclear INHOFE, Mr. INOUYE, Mr. ISAKSON, Mr. vision of the Department of Justice, fuel, to provide for the transfer to the Sec- JOHNSON, Mr. KENNEDY, Mr. KERRY, and an Unsolved Civil Rights Crime In- retary of the independent spent fuel storage Ms. KLOBUCHAR, Mr. KOHL, Mr. KYL, vestigative Office in the Civil Rights installation operating responsibility of each Ms. LANDRIEU, Mr. LAUTENBERG, Mr. plant together with the license granted by Unit of the Federal Bureau of Inves- LEAHY, Mr. LEVIN, Mr. LIEBERMAN, tigation, and for other purposes. the Commission for the installation, and for Mrs. LINCOLN, Mr. LOTT, Mr. LUGAR, other purposes; to the Committee on Envi- Mr. MARTINEZ, Mr. MCCAIN, Mr. S. 573 ronment and Public Works. MENENDEZ, Ms. MIKULSKI, Ms. MUR- At the request of Ms. STABENOW, the By Mr. DODD (for himself and Mr. KOWSKI, Mrs. MURRAY, Mr. NELSON of name of the Senator from Vermont LIEBERMAN): Florida, Mr. NELSON of Nebraska, Mr. S. 785. A bill to amend title 4 of the United (Mr. SANDERS) was added as a cospon- OBAMA, Mr. PRYOR, Mr. REED, Mr. States Code to limit the extent to which sor of S. 573, a bill to amend the Fed- ROBERTS, Mr. ROCKEFELLER, Mr. States may tax the compensation earned by eral Food, Drug, and Cosmetic Act and SALAZAR, Mr. SANDERS, Mr. SCHUMER, nonresident telecommuters; to the Com- Mr. SESSIONS, Mr. SHELBY, Mr. the Public Health Service Act to im- mittee on Finance. SMITH, Ms. SNOWE, Mr. SPECTER, Ms. prove the prevention, diagnosis, and By Mr. GRASSLEY (for himself and STABENOW, Mr. STEVENS, Mr. SUNUNU, treatment of heart disease, stroke, and Mr. FEINGOLD): Mr. TESTER, Mr. THOMAS, Mr. THUNE, other cardiovascular diseases in S. 786. A bill to amend the Agricultural Mr. VITTER, Mr. VOINOVICH, Mr. WAR- Marketing Act of 1946 to foster efficient mar- women. NER, Mr. WEBB, Mr. WHITEHOUSE, and kets and increase competition and trans- S. 578 Mr. WYDEN): parency among packers that purchased live- S. Res. 97. A resolution relative to the At the request of Mr. KENNEDY, the stock from producers; to the Committee on death of Thomas F. Eagleton, former United name of the Senator from Arkansas Agriculture, Nutrition, and Forestry. States Senator for the State of Missouri; (Mrs. LINCOLN) was added as a cospon- f considered and agreed to. sor of S. 578, a bill to amend title XIX SUBMISSION OF CONCURRENT AND By Mrs. FEINSTEIN: of the Social Security Act to improve SENATE RESOLUTIONS S. Res. 98. A resolution providing for mem- requirements under the Medicaid pro- bers on the part of the Senate of the Joint gram for items and services furnished The following concurrent resolutions Committee on Printing and the Joint Com- in or through an educational program and Senate resolutions were read, and mittee of Congress on the Library; consid- or setting to children, including chil- referred (or acted upon), as indicated: ered and agreed to. dren with developmental, physical, or f By Mr. SPECTER (for himself, Mr. AL- mental health needs, and for other pur- LARD, Mr. BAYH, Mr. BENNETT, Mr. ADDITIONAL COSPONSORS BIDEN, Mr. BINGAMAN, Mrs. BOXER, poses. Mr. BROWN, Mr. CARPER, Mr. CASEY, S. 329 S. 613 Mr. CHAMBLISS, Mrs. CLINTON, Mr. At the request of Mr. CRAPO, the At the request of Mr. LUGAR, the COCHRAN, Mr. CRAIG, Mr. DODD, Mrs. name of the Senator from Vermont name of the Senator from Virginia (Mr. DOLE, Mr. DOMENICI, Mr. DORGAN, Mr. (Mr. SANDERS) was added as a cospon- WARNER) was added as a cosponsor of S. DURBIN, Mr. FEINGOLD, Mrs. FEIN- sor of S. 329, a bill to amend title XVIII 613, a bill to enhance the overseas sta- STEIN, Mr. GRASSLEY, Mr. GREGG, Mr. bilization and reconstruction capabili- HAGEL, Mr. INOUYE, Mr. ISAKSON, Mr. of the Social Security Act to provide JOHNSON, Mr. KENNEDY, Mr. KERRY, coverage for cardiac rehabilitation and ties of the United States Government, Mr. KOHL, Ms. LANDRIEU, Mr. LAU- pulmonary rehabilitation services. and for other purposes. TENBERG, Mr. LEVIN, Mr. LIEBERMAN, S. 453 S. 623 Mr. LOTT, Mr. MENENDEZ, Ms. MIKUL- At the request of Mr. OBAMA, the At the request of Mr. SCHUMER, the SKI, Ms. MURKOWSKI, Mr. NELSON of name of the Senator from Michigan name of the Senator from Minnesota Florida, Mr. OBAMA, Mr. REED, Mr. (Mr. LEVIN) was added as a cosponsor of (Mr. COLEMAN) was added as a cospon- REID, Mr. ROCKEFELLER, Mr. SCHU- MER, Mr. SMITH, Ms. SNOWE, Ms. S. 453, a bill to prohibit deceptive prac- sor of S. 623, a bill to amend the Public STABENOW, Mr. STEVENS, Mr. SUNUNU, tices in Federal elections. Health Service Act to provide for the Mr. THOMAS, Mr. VOINOVICH, Mr. S. 507 licensing of comparable and inter- WARNER, Mr. WHITEHOUSE, and Mr. At the request of Mr. CONRAD, the changeable biological products, and for WYDEN): name of the Senator from Vermont other purposes. S. Res. 95. A resolution designating March S. 624 25, 2006, as ‘‘Greek Independence Day: A Na- (Mr. SANDERS) was added as a cospon- tional Day of Celebration of Greek and sor of S. 507, a bill to amend title XVIII At the request of Ms. MIKULSKI, the American Democracy’’; to the Committee on of the Social Security Act to provide names of the Senator from Iowa (Mr. the Judiciary. for reimbursement of certified midwife HARKIN), the Senator from Connecticut

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2695 (Mr. DODD) and the Senator from Mas- Development Bank or the Alternate AMENDMENT NO. 286 sachusetts (Mr. KERRY) were added as Executive Director of the Inter-Amer- At the request of Mr. OBAMA, his cosponsors of S. 624, a bill to amend the ican Development Bank may serve on name was added as a cosponsor of Public Health Service Act to provide the Board of Directors of the Inter- amendment No. 286 proposed to S. 4, a waivers relating to grants for preven- American Foundation. bill to make the United States more se- tive health measures with respect to S. 691 cure by implementing unfinished rec- breast and cervical cancers. At the request of Mr. CONRAD, the ommendations of the 9/11 Commission S. 625 name of the Senator from California to fight the war on terror more effec- At the request of Mr. KENNEDY, the (Mrs. BOXER) was added as a cosponsor tively, to improve homeland security, names of the Senator from Indiana of S. 691, a bill to amend title XVIII of and for other purposes. (Mr. BAYH) and the Senator from the Social Security Act to improve the AMENDMENT NO. 305 Michigan (Mr. LEVIN) were added as co- benefits under the Medicare program At the request of Mr. SESSIONS, the sponsors of S. 625, a bill to protect the for beneficiaries with kidney disease, name of the Senator from Louisiana public health by providing the Food and for other purposes. (Mr. VITTER) was added as a cosponsor and Drug Administration with certain S. 694 of amendment No. 305 proposed to S. 4, authority to regulate tobacco products. At the request of Mrs. CLINTON, the a bill to make the United States more S. 634 names of the Senator from Arizona secure by implementing unfinished rec- ommendations of the 9/11 Commission At the request of Mr. DODD, the name (Mr. MCCAIN) and the Senator from of the Senator from New York (Mrs. West Virginia (Mr. ROCKEFELLER) were to fight the war on terror more effec- tively, to improve homeland security, CLINTON) was added as a cosponsor of S. added as cosponsors of S. 694, a bill to 634, a bill to amend the Public Health direct the Secretary of Transportation and for other purposes. Service Act to establish grant pro- to issue regulations to reduce the inci- AMENDMENT NO. 314 grams to provide for education and dence of child injury and death occur- At the request of Mr. DEMINT, the outreach on newborn screening and co- ring inside or outside of light motor ve- names of the Senator from Louisiana ordinated followup care once newborn hicles, and for other purposes. (Mr. VITTER), the Senator from Idaho screening has been conducted, to reau- S. 713 (Mr. CRAIG), the Senator from Kansas thorize programs under part A of title At the request of Mr. OBAMA, the (Mr. ROBERTS), the Senator from Ken- XI of such Act, and for other purposes. name of the Senator from Iowa (Mr. tucky (Mr. BUNNING), the Senator from HARKIN) was added as a cosponsor of S. Wyoming (Mr. ENZI), the Senator from S. 637 713, a bill to ensure dignity in care for Utah (Mr. HATCH) and the Senator from At the request of Mr. SESSIONS, the members of the Armed Forces recov- South Carolina (Mr. GRAHAM) were names of the Senator from Georgia ering from injuries. added as cosponsors of amendment No. (Mr. CHAMBLISS) and the Senator from S. 746 314 proposed to S. 4, a bill to make the Georgia (Mr. ISAKSON) were added as At the request of Mr. ALLARD, the United States more secure by imple- cosponsors of S. 637, a bill to direct the menting unfinished recommendations Secretary of the Interior to study the names of the Senator from Oregon (Mr. SMITH) and the Senator from Montana of the 9/11 Commission to fight the war suitability and feasibility of estab- on terror more effectively, to improve lishing the Chattahoochee Trace Na- (Mr. TESTER) were added as cosponsors of S. 746, a bill to establish a competi- homeland security, and for other pur- tional Heritage Corridor in Alabama poses. and Georgia, and for other purposes. tive grant program to build capacity in veterinary medical education and ex- AMENDMENT NO. 317 S. 661 pand the workforce of veterinarians en- At the request of Mr. KYL, the name At the request of Mrs. CLINTON, the gaged in public health practice and bio- of the Senator from Louisiana (Mr. name of the Senator from Arkansas medical research. VITTER) was added as a cosponsor of (Mrs. LINCOLN) was added as a cospon- S. 756 amendment No. 317 proposed to S. 4, a sor of S. 661, a bill to establish kinship At the request of Mr. DODD, the name bill to make the United States more se- navigator programs, to establish of the Senator from Pennsylvania (Mr. cure by implementing unfinished rec- guardianship assistance payments for CASEY) was added as a cosponsor of S. ommendations of the 9/11 Commission children, and for other purposes. 756, a bill to authorize appropriations to fight the war on terror more effec- S. 667 for the Department of Defense to ad- tively, to improve homeland security, At the request of Mr. BOND, the name dress the equipment reset and other and for other purposes. of the Senator from Kansas (Mr. ROB- equipment needs of the National AMENDMENT NO. 333 ERTS) was added as a cosponsor of S. Guard, and for other purposes. At the request of Mr. LEAHY, the 667, a bill to expand programs of early S. 761 names of the Senator from Rhode Is- childhood home visitation that in- At the request of Mr. REID, the land (Mr. WHITEHOUSE) and the Senator crease school readiness, child abuse names of the Senator from Illinois (Mr. from Arkansas (Mrs. LINCOLN) were and neglect prevention, and early iden- DURBIN) and the Senator from Cali- added as cosponsors of amendment No. tification of developmental and health fornia (Mrs. FEINSTEIN) were added as 333 proposed to S. 4, a bill to make the delays, including potential mental cosponsors of S. 761, a bill to invest in United States more secure by imple- health concerns, and for other pur- innovation and education to improve menting unfinished recommendations poses. the competitiveness of the United of the 9/11 Commission to fight the war S. 675 States in the global economy. on terror more effectively, to improve At the request of Mr. HARKIN, the S.J. RES. 5 homeland security, and for other pur- names of the Senator from South Caro- At the request of Mr. DURBIN, the poses. lina (Mr. GRAHAM) and the Senator name of the Senator from Delaware AMENDMENT NO. 335 from Indiana (Mr. LUGAR) were added (Mr. CARPER) was added as a cosponsor At the request of Mr. MARTINEZ, his as cosponsors of S. 675, a bill to provide of S.J. Res. 5, a joint resolution pro- name was added as a cosponsor of competitive grants for training court claiming Casimir Pulaski to be an hon- amendment No. 335 proposed to S. 4, a reporters and closed captioners to meet orary citizen of the United States post- bill to make the United States more se- requirements for realtime writers humously. cure by implementing unfinished rec- under the Telecommunications Act of S. RES. 92 ommendations of the 9/11 Commission 1996, and for other purposes. At the request of Mrs. CLINTON, the to fight the war on terror more effec- S. 676 name of the Senator from Oregon (Mr. tively, to improve homeland security, At the request of Mr. BIDEN, the SMITH) was added as a cosponsor of S. and for other purposes. name of the Senator from Nebraska Res. 92, a resolution calling for the im- AMENDMENT NO. 339 (Mr. HAGEL) was added as a cosponsor mediate and unconditional release of At the request of Mr. WYDEN, the of S. 676, a bill to provide that the Ex- soldiers of Israel held captive by name of the Senator from Wisconsin ecutive Director of the Inter-American Hamas and Hezbollah. (Mr. KOHL) was added as a cosponsor of

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2696 CONGRESSIONAL RECORD — SENATE March 6, 2007 amendment No. 339 intended to be pro- drop out of school and never receive However, North Carolina and the rest posed to S. 4, a bill to make the United their high school diploma. of the country cannot rest on their lau- States more secure by implementing I know our students, our schools, our rels with their higher education sys- unfinished recommendations of the 9/11 communities can do better. To ensure tems. We should be and are proud of Commission to fight the war on terror that these young people have a better our high college-going rate in North more effectively, to improve homeland future and that America maintains its Carolina. Yet while 64 percent of recent security, and for other purposes. competitiveness in a global economy, I North Carolina high school graduates AMENDMENT NO. 342 suggest to all my colleagues that we go on to college, that number is far too At the request of Ms. COLLINS, the must do better. low. There is no silver bullet that will fix names of the Senator from Minnesota According to a Manhattan Institute our educational system, including high (Mr. COLEMAN) and the Senator from study, the high school graduation rate school reform which many have talked Oklahoma (Mr. COBURN) were added as for the class of 2003 nationwide was about. I hope more and better research cosponsors of amendment No. 342 pro- only 70 percent. Thirty percent of our students in this country do not cross will give us a better direction and posed to S. 4, a bill to make the United maybe better answers, but until then, States more secure by implementing the goal line of graduation. Even more alarming, however, is that high school there are a number of things that we unfinished recommendations of the 9/11 can and we should be doing to improve Commission to fight the war on terror graduation rates for subgroups of stu- dents in 2003 were for White students, what is a problem that must be ad- more effectively, to improve homeland dressed. security, and for other purposes. 78 percent; African Americans, 55 per- cent; Hispanics, 53 percent. In particular, we know the three Rs AMENDMENT NO. 343 Graduating from high school is a 50– to making our public high schools At the request of Ms. CANTWELL, the 50 proposition in 930 of our high schools work better for today’s students are name of the Senator from Kansas (Mr. in our country. Fifty percent of the rigor, relevance, and relationships. BROWNBACK) was added as a cosponsor students in 930 schools do not get their Today, Senator JEFF BINGAMAN from of amendment No. 343 intended to be New Mexico and I are introducing bi- high school diplomas. In 2,000 high proposed to S. 4, a bill to make the partisan legislation, the Graduate for a schools, it is a 60–40 proposition. Sixty United States more secure by imple- Better Future Act. This is to help turn percent are going to get their diploma, menting unfinished recommendations the tide of our Nation’s dropout crisis. 40 percent will not get their diploma. Senator BINGAMAN has been a stal- of the 9/11 Commission to fight the war Just last week, my home State of wart leader in the Senate on issues re- on terror more effectively, to improve North Carolina released its most cur- lating to dropout prevention. I am homeland security, and for other pur- rent data on our State’s dropout crisis. proud to join him in an effort to lower poses. Our statistics, likewise, point to an ur- AMENDMENT NO. 345 high school dropout rates and to raise gent need to pay attention to our pub- high school graduation and college- At the request of Mr. COBURN, the lic high schools and these students. name of the Senator from Arizona (Mr. going rates. North Carolina’s statewide gradua- This legislation will create a com- MCCAIN) was added as a cosponsor of tion rate was 68 percent. Yet for Black amendment No. 345 proposed to S. 4, a petitive grant program targeted at students, that rate falls to 60 percent; school districts and high schools with bill to make the United States more se- for low-income students, 55 percent; the lowest graduation rates, focused on cure by implementing unfinished rec- and for Hispanic students, 52 percent. those three Rs of high school reform: ommendations of the 9/11 Commission Nearly 80 percent of the Nation’s high rigor, relevance, and relationships. to fight the war on terror more effec- schools that produce the highest num- Funds under this act would be used tively, to improve homeland security, ber of dropouts are in 15 States, and I for models of excellence for academi- and for other purposes. am embarrassed at the fact that North cally challenging high schools to pre- AMENDMENT NO. 348 Carolina is one of them. pare all students for college and for At the request of Mr. WYDEN, the To retain our competitive edge in the work; to offer academic catchup pro- name of the Senator from West Vir- world economy, America’s youths must grams for those students who enter ginia (Mr. ROCKEFELLER) was added as be prepared for the jobs of today and high school and do not meet proficient a cosponsor of amendment No. 348 in- the jobs of the future, jobs which in- levels in mathematics, reading, lan- tended to be proposed to S. 4, a bill to creasingly require a postsecondary edu- guage arts, or science that enable such make the United States more secure by cation. Unfortunately, in 2003, 3.5 mil- students to meet proficient levels and implementing unfinished recommenda- lion Americans ages 16 to 25 did not remain on track to graduate from high tions of the 9/11 Commission to fight have a high school diploma and were school with a regular high school de- the war on terror more effectively, to not enrolled in school. gree; to implement early warning sys- improve homeland security, and for Individuals without a high school di- tems to quickly identify students at other purposes. ploma experience higher rates of unem- risk of dropping out, especially sys- f ployment, incarceration, and are more tems that track student absenteeism, likely to live in poverty and receive one of the greatest predictors that a STATEMENTS ON INTRODUCED public assistance than individuals with student may drop out of high school; to BILLS AND JOINT RESOLUTIONS at least a high school diploma. implement comprehensive college guid- By Mr. BURR (for himself and We know the statistics, but they are ance programs that ensure all students Mr. BINGAMAN): worth repeating. Mr. President, 4 out and their parents are regularly notified S. 765. A bill to establish a grant pro- of every 10 people ages 16 to 24 without of high school graduation require- gram to improve high school gradua- a high school diploma receive some ments, college requirements for entry, tion rates and prepare students for col- type of government assistance. A high and provide guidance and assistance to lege and work; to the Committee on school dropout is eight times more students in applying for postsecondary Health, Education, Labor, and Pen- likely to be incarcerated than a person education and in applying for Federal sions. with a high school diploma. financial assistance and other State, Mr. BURR. Mr. President, I wish to I am fortunate to represent a State local, and private financial aid and talk about education, something many with a rich history in its commitment scholarships; to implement a program in this body take very seriously. I rise to higher education. The State of that offers all students opportunities today to address the Nation’s dropout North Carolina is the home of the Na- for work-based and experiential learn- crisis. Each day that our schools are tion’s first State university, the Uni- ing experiences, such as job shadowing, open, approximately 7,000 students versity of North Carolina at Chapel internships, and community service so drop out of high school. That is 1.2 mil- Hill, which welcomed students for the that students make the connection be- lion students annually who do not com- first time to its campus on January 15, tween what they are learning in school plete their high school education. Al- 1795. All total, North Carolina has 127 and how that applies to the workplace most a third of American students who degree-granting institutions of higher that we want them to be in; and to im- enter high school in the ninth grade education—75 public and 52 private. plement a student advisement program

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2697 in which all students are assigned to petitive but, more importantly, how we $2,400,000 less than an individual with a doc- and have regular meetings with an aca- teach them that our expectations are toral degree. demic teacher adviser. greater than what they felt in the past. SEC. 3. PURPOSES. A recent survey of high school drop- It is time that the Senate lead by ex- The purposes of this Act are— outs by Civic Enterprises presents a ample to begin to pass legislation that (1) to create models of excellence for aca- demically rigorous high schools, including picture of the American high school has a real impact on the high school early college high schools, in order to pre- dropout that is surprising to many. I graduation rates in this country; that pare all students for college and work; know it surprised me. Eighty-eight per- we can look back and say it was this (2) to raise high school graduation rates cent of those students who dropped out legislation that started the process, and college-going rates; of high school had passing grades when and it was quickly followed up with ad- (3) to reduce college remediation rates; they dropped out. Let me say that ditional legislation that helps our (4) to create a seamless curriculum be- again. Eighty-eight percent of the stu- youth compete, regardless of where tween high school and college; dents who dropped out of high school that job is and regardless of who their (5) to improve teaching and curricula to make high school more rigorous and rel- had passing grades which would have competition is. evant; enabled them to complete their high As this legislation comes before the (6) to improve instruction and access to school diploma. But they dropped out. committee and comes to this floor, I supports for struggling high school students; Fifty-eight percent dropped out with 2 urge my colleagues to pay particular (7) to improve communication between or fewer years to complete high school; attention to the impact it has on our parents, students, and schools; and 66 percent said they would have worked children and our grandchildren but, (8) to create, implement, and utilize early harder if expectations had been higher; more importantly, on our competitive- warning systems to help identify students at 81 percent recognized that a high ness in the future. risk of dropping out of high school, espe- cially systems that monitor student absen- school diploma was absolutely vital to I ask unanimous consent that the teeism. their success in life; and 74 percent said text of the bill be printed in the SEC. 4. DEFINITIONS. they would have stayed in school if RECORD. (1) ADVANCED PLACEMENT OR INTERNATIONAL they had it to do all over again. There being no objection, the text of BACCALAUREATE COURSE.—The term ‘‘Ad- Mr. President, this is the point where the bill was ordered to be printed in vanced Placement or International Bacca- we get a redo. We get an opportunity to the RECORD, as follows: laureate course’’ means a course of college- make sure students get an opportunity S. 765 level instruction provided to middle school or secondary school students, terminating in in the next generation so they don’t Be it enacted by the Senate and House of Rep- an examination administered by the College make the same mistakes the last ones resentatives of the United States of America in Board or the International Baccalaureate Or- did. Congress assembled, ganization. Over the past 25 years, the difference SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (2) COLLEGE-GOING RATE.—The term ‘‘col- in earnings between workers with (a) SHORT TITLE.—This Act may be cited as lege-going rate’’ means the percentage of lower and higher levels of education the ‘‘Graduate for a Better Future Act’’. high school graduates who enroll at an insti- has grown. As my home State of North (b) TABLE OF CONTENTS.—The table of con- tution of higher education in the school year Carolina has experienced, gone are the tents to this Act is as follows: immediately following graduation from high days when an individual with only a Sec. 1. Short title; table of contents. school. high school diploma or GED can find a Sec. 2. Findings. (3) DUAL CREDIT COURSES.—The term ‘‘dual Sec. 3. Purposes. high-paying job in industries such as credit course’’ means a college course that— Sec. 4. Definitions. (A) may be taken at a high school or at an manufacturing, textiles, or furniture. Sec. 5. Program authorized. institution of higher education; The global economy has changed the Sec. 6. Reporting and accountability. (B) is taught by— marketplace, and the competition is no Sec. 7. Evaluation and report. (i) college faculty; or longer the person who sits next to us. Sec. 8. Authorization of appropriations. (ii) high school faculty with credentials It is the person who graduates from the SEC. 2. FINDINGS. that the eligible entity determines are ap- school we will never hear about or have Congress makes the following findings: propriate; and an opportunity to visit. (1) The high school graduation rate for the (C) the successful completion of which can We know more education pays off. class of 2003 was only 70 percent nationwide. earn high school academic credit as well as 1 Over his or her lifetime, an individual Thus, almost ⁄3 of American students who college academic credit. enter high school in 9th grade drop out of (4) ELIGIBLE ENTITY.—The term ‘‘eligible without a high school diploma will school and never receive a high school di- entity’’ means— earn approximately $1.1 million less ploma. (A) a State educational agency; than an individual with a bachelor’s (2) Large disparities exist in the high (B) a national, regional, or statewide non- degree, $1.5 million less than an indi- school graduation rates among various sub- profit organization with expertise and expe- vidual with a master’s degree, and $2.4 groups of students. Although the high school rience in working with local educational million less than an individual with a graduation rate for white students was 78 agencies and high schools to raise high doctoral degree. percent in 2003, the rate for African Amer- school academic achievement, high school What is the message to our children ican students was only 55 percent, and the graduation rates, and college-going rates; or and our grandchildren? Is it that the rate for Hispanic students was only 53 per- (C) a partnership consisting of a State edu- cent. cational agency and an entity described in future is more competitive than the (3) For students in approximately 2,000 subparagraph (B). past, that to be competitive in the job high schools across the United States, the (5) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— market means we have to raise our chance of graduating from high school is less The term ‘‘eligible local educational agency’’ educational skills, and as parents and than 60 percent. means a local educational agency with a grandparents, we have to make it hap- (4) In 2003, 3,500,000 Americans ages 16 to 25 high school graduation rate of 60 percent or pen? The answer is yes. did not have a high school diploma and were less— The Senate can no longer sit by and not enrolled in school. (A) in the aggregate; or accept rates of 30 percent of our stu- (5) To retain its competitive edge in the (B) applicable to 2 or more of the following world economy, it is essential that Amer- subgroups of high school students served by dents who don’t cross the goal line of ica’s youth be prepared for the jobs of today the local educational agency: high school and accept that without a and for the jobs of the future. Such jobs in- (i) Economically disadvantaged students. fight. We can do better, and we should creasingly require a post-secondary edu- (ii) Students from major racial or ethnic do better. cation. groups. I look forward to working with my (6) Individuals without a high school di- (6) HIGH SCHOOL.—The term ‘‘high school’’ colleagues on the Health, Education, ploma experience higher rates of unemploy- means a nonprofit institutional day or resi- Labor, and Pensions Committee, and ment, incarceration, living in poverty, and dential school, including a public charter with my cosponsor, Senator BINGAMAN, receiving public assistance than individuals high school, that provides high school edu- to face our Nation’s dropout crisis head with at least a high school diploma. cation, as determined under State law. (7) Over his or her lifetime, an individual (7) HIGH SCHOOL GRADUATION RATE.—The on. This is a first start. This is the without a high school diploma will earn ap- term ‘‘high school graduation rate’’ means ability to educate parents and students proximately $1,100,000 less than an individual the percentage of students who graduate about not only how we engage them in with a bachelor’s degree, $1,500,000 less than from high school with a regular diploma in the proficiencies they need to be com- an individual with a master’s degree, and the standard number of years as measured by

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a valid and reliable measure of high school (B) AMOUNT.—An eligible entity shall tial learning experiences, such as job-shad- graduation rates, such as the averaged fresh- award each planning grant under this para- owing, internships, and community service. man graduation rate. graph in the amount of $10,000. (7) To implement a program that ensures (8) INSTITUTION OF HIGHER EDUCATION.—The (C) DURATION AND USE OF PLANNING GRANT that all students in a high school served by term ‘‘institution of higher education’’ has FUNDS.—Each planning grant shall be— the eligible local educational agency under the meaning given the term in section 101(a) (i) awarded for a period of 1 year; this Act, have access to and enroll in courses of the Higher Education Act of 1965 (20 U.S.C. (ii) nonrenewable; and in which the students may earn college cred- 1001(a)). (iii) used to plan and apply for a subgrant it for courses taken while in high school, (9) LOCAL EDUCATIONAL AGENCY.—The term awarded under paragraph (1)(B). such as a dual credit course, or an Advanced ‘‘local educational agency’’ has the meaning (4) TECHNICAL ASSISTANCE FOR LOCAL EDU- Placement or International Baccalaureate given the term in section 9101 of the Elemen- CATIONAL AGENCIES.—An eligible entity that course. tary and Secondary Education Act of 1965 (20 receives a grant under this Act may use the (8) To implement a program of student ad- U.S.C. 7801). grant funds reserved under paragraph (1)(A) visement in which all students in a high (10) PARENT.—The term ‘‘parent’’ has the for technical assistance, including— school served by the eligible local edu- meaning given the term in section 9101 of the (A) assisting eligible local educational cational agency under this Act are assigned Elementary and Secondary Education Act of agencies in accomplishing the tasks required and have regular meetings with an academic 1965. to implement a program under this Act; teacher advisor. (11) RIGOROUS SECONDARY SCHOOL PROGRAM (B) implementing a program of profes- (9) To implement a program of teacher pro- OF STUDY.—The term ‘‘rigorous secondary sional development for teachers and admin- fessional development and institutional lead- school program of study’’ means a rigorous istrators, in high schools that receive fund- ership that includes use of diagnostic and secondary school program of study recog- ing under this Act, that prepares teachers formative assessments to identify student nized as such by the Secretary for purposes and administrators to implement the author- and teacher needs, to assess classroom prac- of subparagraph (A)(i) or (B)(i) of section ized activities described in subsection (d); tice, and to improve classroom instruction. 401A(c)(3) of the Higher Education Act of 1965 and (e) APPLICATIONS.— (20 U.S.C. 1070a–1(c)(3)). (C) assisting eligible local educational (1) ELIGIBLE ENTITY.—Each eligible entity (12) SECRETARY.—The term ‘‘Secretary’’ agencies in designing a program to be as- desiring a grant under this Act shall submit means the Secretary of Education. sisted under this Act. an application to the Secretary at such time and in such manner as the Secretary may re- (13) STATE EDUCATIONAL AGENCY.—The term (5) REPORTING.—An eligible entity that re- ‘‘State educational agency’’ has the meaning ceives a grant under this Act may use the quire. Each application shall— (A) include a description of how subgrants given the term in section 9101 of the Elemen- grant funds reserved under paragraph (1)(A) made by the eligible entity under this Act tary and Secondary Education Act of 1965. for annually providing the Secretary with a will meet the requirements described in sub- (14) STUDENT WITH A DISABILITY.—The term report on the implementation of this section section (d); ‘‘student with a disability’’ means a child as required under section 6. with a disability, as defined in section 602 of (B) include a description of the peer review the Individuals with Disabilities Education (d) ELIGIBLE LOCAL EDUCATIONAL AGENCY process the eligible entity shall use to evalu- Act (20 U.S.C. 1401). AUTHORIZED ACTIVITIES.—Each eligible local ate applications from eligible local edu- educational agency receiving a subgrant SEC. 5. PROGRAM AUTHORIZED. cational agencies; under this Act, shall use the subgrant funds (a) IN GENERAL.—From amounts appro- (C) contain an assurance that the eligible priated under section 8 for a fiscal year, the to carry out each of the following activities: entity, and any eligible local educational Secretary is authorized to award grants, on a (1) To implement a college-preparatory agencies receiving a subgrant from that eli- competitive basis, to eligible entities to en- curriculum for all students in a high school gible entity, will, if requested, participate in able eligible entities to award subgrants to served by the eligible local educational agen- the independent evaluation under section eligible local educational agencies for the cy under this Act (and for students with dis- 7(1); authorized activities described in subsection abilities in accordance with the individual- (D) describe how the eligible entity will (d). ized education program of the student) that use grant funds received under this section; (b) DURATION.— is, at a minimum, aligned with a rigorous (E) describe how the eligible entity will as- (1) GRANTS.—The Secretary may award secondary school program of study. sist eligible local educational agencies that grants under this Act (other than a planning (2) To implement accelerated academic receive planning grant funds or subgrant grant under subsection (c)(3)) for a period of catch-up programs, for students who enter funds under this Act in securing any nec- not more than 6 years. high school not meeting proficient levels of essary waivers from the State educational (2) SUBGRANTS.—An eligible entity may academic achievement in mathematics, read- agency that may be required to carry out the award subgrants under this Act for a period ing or language arts, or science, that enable requirements of this Act, such as waivers of not more than 5 years. such students to meet the proficient levels of with respect to budgeting, school structure, (c) ELIGIBLE ENTITY AUTHORIZED ACTIVI- achievement and remain on track to grad- staffing, and flexible use of resources and TIES.— uate from high school on time with a regular time; and (1) DISTRIBUTION.—An eligible entity that high school diploma. (F) describe how the eligible entity will as- receives a grant under this Act— (3) To implement an early warning system sess and evaluate, on a regular basis, eligible (A) shall reserve not more than 15 percent to quickly identify students at risk of drop- local educational agency activities carried of the grant funds to carry out the activities ping out of high school, including systems out under this Act, including regularly eval- described in paragraphs (2) through (5); and that track student absenteeism. uating the academic rigor of courses at high (B) shall use not less than 85 percent of the (4) To implement a system of student and schools in the State that receive funding grant funds to award subgrants, on a com- classroom progress monitoring, which may under this Act. petitive basis, to eligible local educational include the adoption and use of diagnostic or (2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— agencies to enable the eligible local edu- formative assessments that— Each eligible local educational agency desir- cational agencies to carry out the authorized (A) measure student academic progress in ing a subgrant under this section shall sub- activities described in subsection (d). the core academic areas; and mit an application to the eligible entity at (2) STATE LEVEL PLANNING AND ADMINISTRA- (B) may identify areas in which students such time and in such manner as the eligible TION.—An eligible entity that receives a need additional academic assistance and sup- entity may require. Each application shall— grant under this Act may use the grant funds port. (A) include a description of each high reserved under paragraph (1)(A) for planning (5) To implement a comprehensive college school that will receive funding from the eli- and administration, including— guidance program that— gible local educational agency under this (A) evaluating applications from eligible (A) will ensure that all students in a high Act, including such high school graduation, local educational agencies; school served by the eligible local edu- academic achievement, demographic, and so- (B) administering the distribution of sub- cational agency under this Act, and their cioeconomic data as the eligible entity may grants to eligible local educational agencies; parents, are regularly notified throughout request; and the students’ time in high school, of high (B) contain an assurance that academic (C) assessing and evaluating, on a regular school graduation requirements and college merit tests will not be used to determine basis, eligible local educational agency ac- entrance requirements; and student enrollment in each such high school; tivities carried out under this Act, including (B) provides guidance and assistance to (C) contain a description of specific out- regularly evaluating the academic rigor of students in applying to an institution of reach and recruitment efforts at each such courses at high schools in the State that re- higher education and in applying for Federal high school that will be undertaken for stu- ceive funding under this Act. financial aid assistance and other State, dent populations historically underrep- (3) LOCAL EDUCATIONAL AGENCY PLANNING local, and private financial aid assistance resented at institutions of higher education; GRANTS.— and scholarships. (D) contain an assurance that a college- (A) IN GENERAL.—From amounts reserved (6) To implement a program that offers, all preparatory curriculum will be offered to all under paragraph (1)(A), an eligible entity students in a high school served by the eligi- students at each such high school (and to may award a planning grant to an eligible ble local educational agency under this Act, students with disabilities in accordance with local educational agency. opportunities for work-based and experien- the individualized education program of the

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(F) include clearly delineated benchmarks in the State who are assisted under this Act SEC. 8. AUTHORIZATION OF APPROPRIATIONS. for improved student academic achievement, and graduate from high school on time with There are authorized to be appropriated to high school graduation rates, and college- a regular high school diploma; carry out this Act $500,000,000 for fiscal year going rates at each such high school; (2) the number and percentage of students, 2008 and such sums as may be necessary for (G) include a description of assessments at each grade level, in the State who are as- each of the 5 succeeding fiscal years. that will be used at each such high school, sisted under this Act and meet or exceed including assessments for school account- State reading or language arts, mathe- By Mrs. CLINTON (for herself, matics, or science standards, as measured by ability purposes and student progress moni- Mr. KENNEDY, Mr. HARKIN, Mrs. toring purposes; State academic assessments required under BOXER, Ms. CANTWELL, Mr. (H) contain a comprehensive plan for pro- section 1111(b)(3) of the Elementary and Sec- fessional development at each such high ondary Education Act of 1965 (20 U.S.C. DODD, Mr. FEINGOLD, Ms. school that includes intended changes in 6311(b)(3)); KLOBUCHAR, Mr. LEAHY, Mr. teaching practices that will result in im- (3) the number and percentage of students, MENENDEZ, Ms. MIKULSKI, Mrs. proved student academic achievement, high at each grade level, in the State who are as- MURRAY, Mr. REED, Mr. REID, school graduation rates, and college-going sisted under this Act and are on track to and Mr. SCHUMER): rates; graduate from high school on time and with S. 766. A bill to amend the Fair Labor a regular high school diploma; (I) include a detailed description of work- Standards Act of 1938 to provide more based and experiential learning experiences (4) the number and percentage of students in the State who are assisted under this Act effective remedies of victims of dis- that will be offered for all students at each crimination in the payment of wages such high school, such as job shadowing, in- and participate in work-based and experien- ternships, and community service; tial learning experiences, such as job shad- on the basis of sex, and for other pur- (J) contain an assurance that all students owing, internships, community service, and poses; to the Committee on Health, at each such high school will be assigned and descriptive information on the types of expe- Education, Labor, and Pensions. have regular access to an academic teacher riences in which such students participated; Mrs. CLINTON. Mr. President, I rise advisor; (5) the number and percentage of students, in grades 11 and 12, in the State who are as- today to reintroduce the Paycheck (K) contain an assurance that the eligible sisted under this Act and enrolled in not less Fairness Act in recognition of Women’s local educational agency will grant each than 2 of the following: History Month. I’d like to thank my such high school any necessary waivers from (A) a dual credit course; or colleagues Senators KENNEDY, HARKIN, local educational agency policies and rules (B) an Advanced Placement or Inter- that may be required to carry out the re- BOXER, CANTWELL, DODD, FEINGOLD, national Baccalaureate course; quirements of this Act, such as waivers with KLOBUCHAR, LEAHY, MENENDEZ, MIKUL- (6) the number and percentage of students respect to budgeting, school structure, staff- SKI, MURRAY, REED, REID and SCHUMER in the State who are assisted under this Act ing, and flexible use of resources and time; for joining me in reintroducing this and receive a passing grade or higher for a (L) include a plan that details how pro- dual credit course, or an Advanced Place- legislation to prevent, regulate and re- grams assisted under this Act will be sus- ment or International Baccalaureate course; duce pay discrimination for women tained after the end of subgrant funding (7) the number and percentage of students across the country. I also want to ac- under this Act; in the State who are assisted under this Act knowledge Congresswoman DELAURO (M) in the case of dual credit courses and and apply to an institution of higher edu- early college high schools, contain formal for being the champion of this legisla- cation while still in high school; agreements between the eligible local edu- tion in the House of Representatives. (8) the number and percentage of students cational agency and institutions of higher As America celebrates Women’s His- in the State who are assisted under this Act education that detail shared responsibility tory Month, it’s important that we not and are accepted to an institution of higher for each such high school and students at the education while still in high school; only take pride in how far women have high school; (9) the number and percentage of students come in our lifetime, but also recog- (N) include a description of school staffing in the State who are assisted under this Act nize the work we must continue to considerations and how teachers will be se- and enroll in an institution of higher edu- achieve true pay equity in this coun- lected for each such high school; cation in the school year immediately fol- (O) include a detailed plan of the college try. Over the past four decades, we lowing the students’ high school graduation; awareness program at each such high school have made tremendous strides in clos- (10) the number and percentage of students that addresses applying for admission to an ing the wage gap between women and in the State who are assisted under this Act institution of higher education and applying men. But research still shows us that and enrolled in remedial mathematics or for financial aid; and English courses during their freshman year pay discrimination continues to result (P) contain an assurance that the eligible at an institution of higher education; in women earning less than men for local educational agency will report to the (11) the number and percentage of stu- performing the same job. eligible entity all data necessary for the eli- dents, in grade 10, in the State who are as- Today, women working full time, gible entity’s report under section 6. sisted under this Act and take the PSAT; year-round, still make only 77 cents for (f) MATCHING REQUIREMENT.— and (1) IN GENERAL.—Subject to paragraph (2), every dollar that a man makes—mean- (12) the number and percentage of stu- each eligible entity that receives a grant ing that for every $100 she earns, a typ- dents, in grades 11 and 12, in the State who under this section shall provide, toward the ical woman has $23 less to spend on are assisted under this Act and take the SAT cost of the activities assisted under the groceries, housing, child care, or other or ACT, and the students’ mean scores on grant, from non-Federal sources, an amount such assessments. expenses. Women of color fare even equal to 100 percent of the amount of the (b) REPORTING OF DATA.—Each eligible en- worse: African-American women earn grant. tity receiving a grant under this section only 67¢, and Latinas only 56¢, for (2) WAIVER.—The Secretary may waive all shall report the information required under every $1.00 earned by white men. or part of the matching requirement de- subsection (a) disaggregated in the same scribed in paragraph (1) for any fiscal year Just two weeks ago, the Wall Street manner as information is disaggregated Journal published an article entitled for an eligible entity if the Secretary deter- under section 1111(h)(1)(C)(i) of the Elemen- mines that applying the matching require- tary and Secondary Education Act of 1965 (20 ‘‘Women Post Job Gains, Data Show.’’ ment to such eligible entity would result in U.S.C. 1111(b)(1)(C)(i)). The article showcased proof of progress serious hardship or an inability to carry out SEC. 7. EVALUATION AND REPORT. over the past decade. From the year the authorized activities described in sub- From the amount appropriated for any fis- 2000 through 2005, women posted a net section (c). cal year under section 8, the Secretary shall increase of 1.7 million jobs paying (3) SUPPLEMENT NOT SUPPLANT.—Grant reserve such sums as may be necessary— above the median salary, while men funds provided under this Act shall be used (1) to conduct an independent evaluation, to supplement, not supplant, other Federal gained a net increase of just over by grant or by contract, of the program car- 220,000 of such positions, according to and State funds available to carry out the ried out under this Act, which shall include activities described in subsection (d). an assessment of the impact of the program the Bureau of Labor Statistics. The SEC. 6. REPORTING AND ACCOUNTABILITY. on high school graduation rates, college- issue of the wage gap, however, con- (a) COLLECTION OF DATA.—Each eligible en- going rates, and student academic achieve- tinues to affect women workers. In tity receiving a grant under this Act shall ment; and 2005, the median weekly pay for women

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2700 CONGRESSIONAL RECORD — SENATE March 6, 2007 was $486, or 73 percent of that for lation. Today, more than 46 percent of other purposes; to the Committee on men—$663. the workers who claim a paycheck Finance. While we often associate the pay each week are women. Mr. OBAMA. Mr. President, 33 years wage with low-paying jobs, this in- Unfortunately, while America’s ago, this Nation faced a crisis that equity is not exclusive to the lower women are working harder than ever, touched every American. In 1973, in the class. The New York Times recently re- they are not being fairly compensated shadow of a war against Israel, the ported that Wimbledon has finally for their contributions to our economy. Arab nations of OPEC decided to em- agreed to pay its women tennis cham- Discrimination against women con- bargo shipments of crude oil to the pions the same amount of prize money tinues to be prevalent in the work- West. as their male counterparts. Last year’s place. Women earn about 77 cents for The economic effects were dev- men’s champion received $1.170 million, each dollar earned by men, and the gap astating. For American drivers, the while the tournament’s women’s win- is even greater for women of color. In price at the gas pump rose from a na- ner got $1.117 million. 2004, African-American women earned tional average of 38.5 cents per gallon That is why I am pleased to be intro- only 67 percent of the earnings of in May 1973 to 55.1 cents per gallon in ducing the Paycheck Fairness Act—a White men, and Hispanic women June 1974. The stock market fell, and bill that will build on the promise of earned only 56 percent. countries across the world faced ter- the Equal Pay Act and help close the Unfortunately, the problem is not rible cycles of inflation and recession pay gap. getting better. The current wage gap of that lasted well into the 1980s. The Paycheck Fairness Act has three 23 cents is the same gap that existed in Lawmakers in Washington reacted by main components. 2002. Since 1963, when the Equal Pay calling for a nationwide daylight sav- First, it prevents pay discrimination Act was passed, the wage gap has nar- ings time and a national speed limit. before it starts. By helping women rowed by less than half of a penny a They established a new Department of strengthen their negotiation skills and year. Energy that eventually created a stra- providing outreach and technical as- While many argue that this per- tegic petroleum reserve. Perhaps most sistance to employers to ensure they sistent pay gap is a consequence of important, Congress enacted the Cor- fairly evaluate and pay their employ- women’s choosing to take time out of porate Average Fuel Economy stand- ees, the Paycheck Fairness Act gives the workforce, the evidence shows that ards, or CAFE, the first-ever require- employers the tools they need to level other factors, including discrimina- ments for automakers to improve gas the playing field between men and tion, are a significant cause. In 2004, mileage on the vehicles we drive. women. the Census Bureau concluded that the At the time, auto executives pro- Second, the Paycheck Fairness Act substantial gap in earnings between tested, saying there was no way to in- creates strong penalties to punish men and women could not completely crease fuel economy without making those who do violate the act. By be explained by differences in edu- cars smaller. One company predicted strengthening the penalties for em- cation, tenure in the workforce, or oc- that Americans would all be driving ployers who violate the Equal Pay Act, cupation. Similarly, a recent General sub-compacts as a result of CAFE. But this bill sends a strong message—Equal Accounting Office report concluded CAFE did work, and under the direc- Pay is a matter to be taken seriously. that the difference in men and women’s tion of Congress, the National Highway And finally, the Paycheck Fairness working patterns does not explain the Traffic Safety Administration, NHSTA, Act ensures that the Federal Govern- entire disparity in their wages. Dis- nearly doubled the average gas mileage ment, which should be a model em- crimination plays a significant role as of cars from 14 miles per gallon in 1976 ployer when it comes to enforcing Fed- well. to 27.5 mpg for cars in 1985. Today, eral employment laws, uses every tool It is appalling and unacceptable that CAFE standards save us about 3 mil- in its toolbox to ensure that women are such discrimination still exists in lion barrels of oil per day, making it paid the same amount as men for doing America, and we need to combat it the most successful energy-saving the same jobs. with Federal legislation. The issue is measure ever adopted. There is no question that we have simple fairness, and Congress needs to Now 30 years later, Americans again come a long way since the Equal Pay act. are feeling the pain at the pump. The Act became law 44 years ago. But we I am proud to join with Senator CLIN- price of oil has reached up to $78 a bar- still have a lot of work to do. TON and Senator HARKIN in introducing rel, and Americans have paid more According to the National Com- the Paycheck Fairness Act today. This than $3.00 a gallon for gas. America’s mittee on Pay Equity, working women important legislation will give Amer- 20–million-barrel-a-day habit costs our stand to lose $250,000 over the course of ica’s working women the tools they economy $800 million a day, or $300 bil- their career because of unequal pay need to fight for fair pay. It will make lion annually. Because we import 60 practices—a difference in pay that can- sure our fair pay laws apply to every- percent of our oil, much of it from the not be fully explained by experience, one, and it will strengthen the pen- Middle East, our dependence on oil is education, or other qualifications. And alties for employers that are not play- also a national security issue as well. the pay gap follows women into retire- ing by the rules. Al-Qaida knows that oil is America’s ment: unmarried women in the work- These important reforms are long Achilles heel. Osama bin Laden has force today will receive, on average, overdue. I urge my colleagues to stand urged his supporters to ‘‘Focus your about $8,000 per year less in retirement up for working women and end wage operations on oil, especially in Iraq and income than their male counterparts. discrimination by passing the Pay- the gulf area, since this will cause As a result, millions of American fami- check Fairness Act. them to die off.’’ lies lose out because equal pay is still By Mr. OBAMA (for himself, Mr. At a time when the energy and secu- rity stakes couldn’t be higher, CAFE not a reality. LUGAR, Mr. BIDEN, Mr. SMITH, It is my hope that many more of my standards have been stagnant. In fact, Mr. BINGAMAN, Mr. COLEMAN, colleagues will join me in recognizing because of a long-standing deadlock in and Mr. SPECTER): this is more than a women’s issue—it is S. 767. A bill to increase fuel econ- Washington, CAFE standards that ini- a family issue. It is in all of our inter- omy standards for automobiles and for tially increased so quickly have re- ests to allow women to support their other purposes; to the Committee on mained stagnant for the last 20 years. families and to live with the dignity Commerce, Science, and Transpor- Since 1985, efforts to raise the CAFE and respect accorded to fully engaged tation. standard have been stymied by oppo- members of the workforce. nents who have argued that Congress Mr. KENNEDY. Mr. President, one of By Mr. OBAMA (for himself, Mr. does not possess the expertise to set the most profound economic shifts of LUGAR, Mr. BIDEN, Mr. SMITH, specific benchmarks and that an in- the past century has been the entry of Mr. BINGAMAN, Mr. COLEMAN, flexible congressional mandate would women into the workforce in tremen- and Mr. SPECTER): result in the production of less safe dous numbers. In 1900, women made up S. 768. A bill to increase fuel econ- cars and a loss of American jobs. This only 18.4 percent of the working popu- omy standards for automobiles and for has been a bureaucratic logjam that

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2701 has ignored technological innovations tax credits to allow more Americans to economy can be increased without nega- in the auto industry and crippled our buy ultra-efficient vehicles like hy- tively impacting the safety of cars and ability to increase fuel efficiency. brids. trucks in the United States. Some new tech- To attempt to break this two-decade- By ending a 20-year stalemate on nologies can increase both safety and fuel Iong deadlock and start the U.S. on the economy (such as high strength materials, CAFE, the Fuel Economy Reform Act unibody design, lower bumpers). Design path towards energy independence, I will recapture the innovation that Con- changes related to fuel economy also present have joined with Senators LUGAR, gress and the auto industry launched opportunities to reduce the incompatibility BIDEN, SMITH, BINGAMAN, COLEMAN, and in response to the OPEC crisis. In the of tall, stiff, heavy vehicles with the major- SPECTER to introduce the Fuel Econ- process, we will safeguard our national ity of vehicles on the road. omy Reform Act of 2007. This bill security, protect our economy, reduce (9) Significant change must occur to would set a new course by establishing consumer pain at the pump, and pro- strengthen the economic competitiveness of regular, continual, and incremental tect our climate, environment, and the domestic auto industry. According to a progress in miles per gallon, targeting recent study by the University of Michigan, public health. I urge my colleagues to a sustained gasoline price of $2.86 per gallon 4 percent annually, but preserving join our bipartisan coalition and sup- would lead Detroit’s Big 3 automakers’ prof- NHTSA expertise and flexibility on port the Fuel Economy Reform Act. its to shrink by $7,000,000,000 as they absorb how to meet those targets. I ask unanimous consent that the 75 percent of the lost vehicle sales. This Over the past 20 years, NHTSA’s ef- text of these two bills be printed in the would put nearly 300,000 people in the United forts to improve fuel economy have RECORD. States out of work. been encumbered with loopholes and There being no objection, the text of (10) Opportunities exist to strengthen the resistance. With this bill, CAFE stand- the bills were ordered to be printed in domestic vehicle industry while improving fuel economy. A 2004 study performed by the ards would increase by 4 percent every the RECORD, as follows: University of Michigan concludes that pro- year unless NHTSA can justify a devi- S. 767 viding $1,500,000,000 in tax incentives over a ation in that rate by proving that the Be it enacted by the Senate and House of Rep- 10-year period to encourage domestic manu- increase is technologically resentatives of the United States of America in facturers and parts facilities to produce unachievable, does not materially re- Congress assembled, clean cars will lead to a gain of nearly 60,000 duce the safety of automobiles manu- SECTION 1. SHORT TITLE. domestic jobs and pay for itself through the factured or sold in the U.S., or can This Act may be cited as the ‘‘Fuel Econ- resulting increase in domestic tax receipts. prove it is not cost-effective when com- omy Reform Act’’. SEC. 3. DEFINITION OF AUTOMOBILE AND PAS- paring with the economic and geo- SEC. 2. FINDINGS. SENGER AUTOMOBILE. political value of a gallon of gasoline Congress makes the following findings: (a) DEFINITION OF AUTOMOBILE.— saved. We specifically define the (1) United States dependence on oil im- (1) IN GENERAL.—Paragraph (3) of section ports imposes tremendous burdens on the 32901(a) of title 49, United States Code, is grounds upon which NHTSA can deter- economy, foreign policy, and military of the mine cost-effectiveness. By flipping the amended by striking ‘‘rated at—’’ and all United States. that follows through the period at the end presumption that has served as a bar- (2) According to the Energy Information and inserting ‘‘rated at not more than 10,000 rier to action, we replace the status Administration, 60 percent of the crude oil pounds gross vehicle weight.’’. quo of continued stagnation with and petroleum products consumed in the (2) FUEL ECONOMY INFORMATION.—Section steady, measured progress. United States between April 2005 and March 32908(a) of such title is amended, by striking Under this system, if the 4 percent 2006 (12,400,000 barrels per day) were im- ‘‘section—’’ and all that follows through annualized improvement occurs over ported. At a cost of $75 per barrel of oil, peo- ‘‘(2)’’ and inserting ‘‘section, the term’’. ten years, this bill would save 1.3 mil- ple in the United States remit more than (3) EFFECTIVE DATE.—The amendments $600,000 per minute to other countries for pe- lion barrels of oil per day—or 20 billion made by paragraphs (1) and (2) shall apply to troleum. model year 2010 and each subsequent model gallons of gasoline per year. If gasoline (3) A significant percentage of these petro- year. is just $2.50 per gallon, consumers will leum imports originate in countries con- (b) DEFINITION OF PASSENGER AUTO- save $50 billion at the pump in 2018. By trolled by regimes that are unstable or open- MOBILE.— 2018, we would be cutting global warm- ly hostile to the interests of the United (1) IN GENERAL.—Paragraph (16) of section ing pollution by 220 million metric tons States. Dependence on production from these 32901(a) of such title is amended by striking of carbon dioxide equivalent gases. countries contributes to the volatility of do- ‘‘, but does not include’’ and all that follows The Fuel Economy Reform Act also mestic and global markets and the ‘‘risk pre- through the end and inserting a period. mium’’ paid by consumers in the United would provide fairness and flexibility (2) EFFECTIVE DATE.—The amendment States. to domestic automakers by estab- made by paragraph (1) shall apply to model (4) The Energy Information Administra- year 2012 and each subsequent model year. lishing different standards for different tion projects that the total petroleum de- types of cars. Currently, manufacturers mand in the United States will increase by 23 SEC. 4. AVERAGE FUEL ECONOMY STANDARDS. have to meet broad standards over percent between 2006 and 2026, while domes- (a) STANDARDS.—Section 32902 of title 49, their whole fleet of cars. This disadvan- tic crude production is expected to decrease United States Code, is amended— tages companies like Ford and General by 11 percent, resulting in an anticipated 28 (1) in subsection (a)— Motors that produce full lines of small percent increase in petroleum imports. Ab- (A) in the heading, by inserting ‘‘MANUFAC- TURED BEFORE MODEL YEAR 2013’’ after ‘‘NON- and large cars and trucks rather than sent significant action, the United States will become more vulnerable to oil price in- PASSENGER AUTOMOBILES’’; and manufacturers that only sell small creases, more dependent upon foreign oil, (B) by adding at the end the following: cars. and less able to pursue national interests. ‘‘This subsection shall not apply to auto- In order to enable domestic manufac- (5) Two-thirds of all domestic oil use oc- mobiles manufactured after model year turers to develop advanced-technology curs in the transportation sector, which is 97 2012.’’; vehicles, this legislation provides tax percent reliant upon petroleum-based fuels. (2) in subsection (b)— incentives to retool parts and assembly Passenger vehicles, including light trucks (A) in the heading, by inserting ‘‘MANUFAC- plants. This will strengthen the U.S. under 10,000 pounds gross vehicle weight, rep- TURED BEFORE MODEL YEAR 2013’’ after ‘‘PAS- SENGER AUTOMOBILES’’; auto industry by allowing it to com- resent over 60 percent of the oil used in the transportation sector. (B) by inserting ‘‘and before model year pete with foreign hybrid and other fuel (6) Corporate average fuel economy of all 2010’’ after ‘‘1984’’; and efficient vehicles. It is our expectation cars and trucks improved by 70 percent be- (C) by adding at the end the following: that NHTSA will use its enhanced au- tween 1975 and 1987. Between 1987 and 2006, ‘‘Such standard shall be increased by 4 per- thority to bring greater market-based fuel economy improvements have stagnated cent per year for model years 2010 through flexibility into CAFE compliance by al- and the fuel economy of the United States is 2012 (rounded to the nearest 1/10 mile per gal- lowing the banking and trading of cred- lower than many developed countries and lon)’’; its among certain vehicle types and be- some developing countries. (3) by amending subsection (c) to read as follows: tween manufacturers. (7) Significant improvements in engine Finally, the bill also would expand technology occurred between 1986 and 2006. ‘‘(c) AUTOMOBILES MANUFACTURED AFTER These advances have been used to make vehi- MODEL YEAR 2012.—(1)(A) Not later than 18 the tax incentives that encourage con- cles larger and more powerful, and have not months before the beginning of each model sumers to buy advanced technology ve- focused solely on increasing fuel economy. year after model year 2012, the Secretary of hicles. The bill would lift the current (8) According to a 2002 fuel economy report Transportation shall prescribe, by regula- 60,000-per-manufacturer cap on buyer by the National Academies of Science, fuel tion—

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2702 CONGRESSIONAL RECORD — SENATE March 6, 2007 ‘‘(i) an average fuel economy standard for ‘‘(E) the impact of oil use— emy of Sciences referred to in subparagraph automobiles manufactured by a manufac- ‘‘(i) on sustained cartel rents paid to for- (B). turer in that model year; or eign suppliers; ‘‘(B) The Secretary of Transportation shall ‘‘(ii) based on 1 or more vehicle attributes ‘‘(ii) on long-run potential gross domestic enter into appropriate arrangements with that relate to fuel economy— product due to higher normal-market oil the National Academy of Sciences to con- ‘‘(I) separate average fuel economy stand- price levels, including inflationary impacts; duct a comprehensive study of the techno- ards for different classes of automobiles; or ‘‘(iii) on import costs, wealth transfers, logical opportunities to enhance fuel econ- ‘‘(II) average fuel economy standards ex- and potential gross domestic product due to omy and an analysis and assessment of the pressed in the form of a mathematical func- increased trade imbalances; accuracy of fuel economy tests used by the tion. ‘‘(iv) on import costs and wealth transfers Administrator of the Environmental Protec- ‘‘(B)(i) Except as provided under para- during oil shocks; tion Agency to measure fuel economy for graphs (3) and (4) and subsection (d), average ‘‘(v) on macroeconomic dislocation and ad- each model under section 32904(c). Such anal- fuel economy standards under subparagraph justment costs during oil shocks; ysis and assessment shall identify any addi- (A) shall attain a projected aggregate level ‘‘(vi) on the cost of existing energy secu- tional factors or methods that should be in- of average fuel economy of 27.5 miles per gal- rity policies, including the management of cluded in tests to measure fuel economy for lon for all automobiles manufactured by all the Strategic Petroleum Reserve; each model to more accurately reflect actual manufacturers for model year 2013. ‘‘(vii) on the timing and severity of the oil fuel economy of automobiles. The Secretary ‘‘(ii) The projected aggregate level of aver- peaking problem; of Transportation and the Administrator of age fuel economy for model year 2014 and ‘‘(viii) on the risk, probability, size, and the Environmental Protection Agency shall furnish, at the request of the Academy, any each model year thereafter shall be in- duration of oil supply disruptions; information that the Academy determines to creased by 4 percent over the level of the ‘‘(ix) on OPEC strategic behavior and long- be necessary to conduct the study, analysis, prior model year (rounded to the nearest 1/10 run oil pricing; and assessment under this subparagraph. mile per gallon). ‘‘(x) on the short term elasticity of energy ‘‘(2) In addition to the average fuel econ- ‘‘(C) The report submitted under subpara- demand and the magnitude of price increases graph (A) shall include— omy standards under paragraph (1), each resulting from a supply shock; manufacturer of passenger automobiles shall ‘‘(i) the study of the National Academy of ‘‘(xi) on oil imports, military costs, and re- Sciences referred to in subparagraph (B); and be subject to an average fuel economy stand- lated security costs, including intelligence, ard for passenger automobiles manufactured ‘‘(ii) an assessment by the Secretary of homeland security, sea lane security and in- Transportation of technological opportuni- by a manufacturer in a model year that shall frastructure, and other military activities; ties to enhance fuel economy and opportuni- be equal to 92 percent of the average fuel ‘‘(xii) on oil imports, diplomatic and for- ties to increase overall fleet safety. economy projected by the Secretary for all eign policy flexibility, and connections to ‘‘(D) The report submitted under subpara- passenger automobiles manufactured by all geopolitical strife, terrorism, and inter- graph (A) shall identify and examine addi- manufacturers in that model year. An aver- national development activities; tional opportunities to reform the regu- age fuel economy standard under this sub- ‘‘(xiii) on all relevant environmental haz- latory structure under this chapter, includ- paragraph for a model year shall be promul- ards under the jurisdiction of the Environ- ing approaches that seek to merge vehicle gated at the same time as the standard mental Protection Agency; and and fuel requirements into a single system under paragraph (1) for such model year. ‘‘(xiv) on well-to-wheels urban and local air that achieves equal or greater reduction in ‘‘(3) If the actual aggregate level of aver- emissions of ‘pollutants’ and their petroleum use and environmental benefits age fuel economy achieved by manufacturers uninternalized costs; than the amount of petroleum use and envi- for each of 3 consecutive model years is 5 ‘‘(F) the impact of the oil or energy inten- ronmental benefits that have been achieved percent or more less than the projected ag- sity of the United States economy on the as of the date of the enactment of this Act. gregate level of average fuel economy for sensitivity of the economy to oil price ‘‘(E) The report submitted under subpara- such model year, the Secretary may make changes, including the magnitude of gross graph (A) shall— appropriate adjustments to the standards domestic product losses in response to short ‘‘(i) include conclusions reached by the Ad- prescribed under this subsection. term price shocks or long term price in- ministrator of the Environmental Protection ‘‘(4)(A) Notwithstanding paragraphs (1) creases; Agency, as a result of detailed analysis and through (3) and subsection (b), the Secretary ‘‘(G) the impact of United States payments public comment, on the accuracy of fuel of Transportation may prescribe a lower av- for oil imports on political, economic, and economy tests as in use during the period be- erage fuel economy standard for 1 or more military developments in unstable or un- ginning on the date that is 5 years before the model years if the Secretary of Transpor- friendly oil exporting countries; completion of the report and ends on the tation, in consultation with the Secretary of ‘‘(H) the uninternalized costs of pipeline date of such completion; Energy, finds, by clear and convincing evi- and storage oil seepage, and for risk of oil ‘‘(ii) identify any additional factors that dence, that the minimum standards pre- spills from production, handling, and trans- the Administrator determines should be in- scribed under paragraph (1)(B) or (3) or sub- port, and related landscape damage; and cluded in tests to measure fuel economy for section (b) for each model year— ‘‘(I) additional relevant factors, as deter- each model to more accurately reflect actual ‘‘(i) are technologically not achievable; mined by the Secretary. fuel economy of automobiles; and ‘‘(ii) cannot be achieved without materi- ‘‘(6) When considering the value to con- ‘‘(iii) include a description of options, for- ally reducing the overall safety of auto- sumers of a gallon of gasoline saved, the Sec- mulated by the Secretary of Transportation mobiles manufactured or sold in the United retary of Transportation may not use a and the Administrator, to incorporate such States and no offsetting safety improve- value that is less than the greatest of— additional factors in fuel economy tests in a ments can be practicably implemented for ‘‘(A) the average national cost of a gallon manner that will not effectively increase or that model year; or of gasoline sold in the United States during decrease average fuel economy for any auto- ‘‘(iii) is shown not to be cost effective. the 12-month period ending on the date on mobile manufacturer.’’; and ‘‘(B) If a lower standard is prescribed for a which the new fuel economy standard is pro- (4) in subsection (g)(2), by striking ‘‘(and model year under subparagraph (A), such posed; submit the amendment to Congress when re- standard shall be the maximum standard ‘‘(B) the most recent weekly estimate by quired under subsection (c)(2) of this sec- that— the Energy Information Administration of tion)’’. ‘‘(i) is technologically achievable; the Department of Energy of the average na- (b) CONFORMING AMENDMENTS.— (1) IN GENERAL.—Chapter 329 of title 49, ‘‘(ii) can be achieved without materially tional cost of a gallon of gasoline (all grades) United States Code, is amended— reducing the overall safety of automobiles sold in the United States; or (A) in section 32903— manufactured or sold in the United States; ‘‘(C) the gasoline prices projected by the (i) by striking ‘‘passenger’’ each place it and Energy Information Administration for the appears; ‘‘(iii) is cost effective. 20-year period beginning in the year fol- ‘‘(5) In determining cost effectiveness (ii) by striking ‘‘section 32902(b)–(d) of this lowing the year in which the standards are under paragraph (4)(A)(iii), the Secretary of title’’ each place it appears and inserting established. Transportation shall take into account the ‘‘(7) In prescribing standards under this ‘‘subsection (c) or (d) of section 32902’’; total value to the United States of reduced subsection, the Secretary may prescribe (iii) by striking subsection (e); and petroleum use, including the value of reduc- standards for 1 or more model years. (iv) by redesignating subsection (f) as sub- ing external costs of petroleum use, using a ‘‘(8)(A) Not later than December 31, 2016, section (e); and value for such costs equal to 50 percent of the Secretary of Transportation, the Sec- (B) in section 32904— the value of a gallon of gasoline saved or the retary of Energy, and the Administrator of (i) in subsection (a)— amount determined in an analysis of the ex- the Environmental Protection Agency shall (I) by striking ‘‘passenger’’ each place it ternal costs of petroleum use that con- submit a joint report to Congress on the appears; and siders— state of global automotive efficiency tech- (II) in paragraph (1), by striking ‘‘subject ‘‘(A) value to consumers; nology development, and on the accuracy of to’’ and all that follows through ‘‘section ‘‘(B) economic security; tests used to measure fuel economy of auto- 32902(b)–(d) of this title’’ and inserting ‘‘sub- ‘‘(C) national security; mobiles under section 32904(c), utilizing the ject to subsection (c) or (d) of section 32902’’; ‘‘(D) foreign policy; study and assessment of the National Acad- and

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2703 (ii) in subsection (b)(1)(B), by striking creases, more dependent upon foreign oil, mobiles manufactured after model year ‘‘under this chapter’’ and inserting ‘‘under and less able to pursue national interests. 2012.’’; section 32902(c)(2)’’. (5) Two-thirds of all domestic oil use oc- (2) in subsection (b)— (2) EFFECTIVE DATE.—The amendments curs in the transportation sector, which is 97 (A) in the heading, by inserting ‘‘MANUFAC- made by this section shall apply to auto- percent reliant upon petroleum-based fuels. TURED BEFORE MODEL YEAR 2013’’ after ‘‘PAS- mobiles manufactured after model year 2012. Passenger vehicles, including light trucks SENGER AUTOMOBILES’’; SEC. 5. CREDIT TRADING, COMPLIANCE, AND JU- under 10,000 pounds gross vehicle weight, rep- (B) by inserting ‘‘and before model year DICIAL REVIEW. resent over 60 percent of the oil used in the 2010’’ after ‘‘1984’’; and (a) CREDIT TRADING.—Section 32903(a) of transportation sector. (C) by adding at the end the following: title 49, United States Code, is amended— (6) Corporate average fuel economy of all ‘‘Such standard shall be increased by 4 per- (1) by inserting ‘‘Credits earned by a manu- cars and trucks improved by 70 percent be- cent per year for model years 2010 through facturer under this section may be sold to tween 1975 and 1987. Between 1987 and 2006, 2012 (rounded to the nearest 1/10 mile per gal- any other manufacturer and used as if fuel economy improvements have stagnated lon)’’; earned by that manufacturer, except that and the fuel economy of the United States is (3) by amending subsection (c) to read as credits earned by a manufacturer described lower than many developed countries and follows: in clause (i) of section 32904(b)(1)(A) may some developing countries. ‘‘(c) AUTOMOBILES MANUFACTURED AFTER only be sold to a manufacturer described (7) Significant improvements in engine MODEL YEAR 2012.—(1)(A) Not later than 18 such clause (i) and credits earned by a manu- technology occurred between 1986 and 2006. months before the beginning of each model facturer described in clause (ii) of such sec- These advances have been used to make vehi- year after model year 2012, the Secretary of tion may only be sold to a manufacturer de- cles larger and more powerful, and have not Transportation shall prescribe, by regula- scribed in such clause (ii).’’ after ‘‘earns focused solely on increasing fuel economy. tion— credits.’’; (8) According to a 2002 fuel economy report ‘‘(i) an average fuel economy standard for (2) by striking ‘‘3 consecutive model years by the National Academies of Science, fuel automobiles manufactured by a manufac- immediately’’ each place it appears and in- economy can be increased without nega- turer in that model year; or serting ‘‘model years’’; and tively impacting the safety of cars and ‘‘(ii) based on 1 or more vehicle attributes (3) effective for model years after 2012, the trucks in the United States. Some new tech- that relate to fuel economy— sentence added by paragraph (1) of this sub- nologies can increase both safety and fuel ‘‘(I) separate average fuel economy stand- section is amended by inserting ‘‘for pur- economy (such as high strength materials, ards for different classes of automobiles; or poses of compliance with section 32902(c)(2)’’ unibody design, lower bumpers). Design ‘‘(II) average fuel economy standards ex- after ‘‘except that’’. changes related to fuel economy also present pressed in the form of a mathematical func- (b) MULTI-YEAR COMPLIANCE PERIOD.—Sec- opportunities to reduce the incompatibility tion. tion 32904(c) of such title is amended— of tall, stiff, heavy vehicles with the major- ‘‘(B)(i) Except as provided under para- (1) by inserting ‘‘(1)’’ before ‘‘The Adminis- ity of vehicles on the road. graphs (3) and (4) and subsection (d), average trator’’; and (9) Significant change must occur to fuel economy standards under subparagraph (2) by adding at the end the following: strengthen the economic competitiveness of (A) shall attain a projected aggregate level ‘‘(2) The Secretary, by rule, may allow a the domestic auto industry. According to a of average fuel economy of 27.5 miles per gal- manufacturer to elect a multi-year compli- recent study by the University of Michigan, lon for all automobiles manufactured by all ance period of not more than 4 consecutive a sustained gasoline price of $2.86 per gallon manufacturers for model year 2013. model years in lieu of the single model year would lead Detroit’s Big 3 automakers’ prof- ‘‘(ii) The projected aggregate level of aver- compliance period otherwise applicable its to shrink by $7,000,000,000 as they absorb age fuel economy for model year 2014 and under this chapter.’’. 75 percent of the lost vehicle sales. This each model year thereafter shall be in- (c) JUDICIAL REVIEW OF REGULATIONS.—Sec- would put nearly 300,000 people in the United creased by 4 percent over the level of the tion 32909(a)(1) of such title is amended by States out of work. prior model year (rounded to the nearest 1/10 striking out ‘‘adversely affected by’’ and in- (10) Opportunities exist to strengthen the mile per gallon). serting ‘‘aggrieved or adversely affected by, domestic vehicle industry while improving ‘‘(2) In addition to the average fuel econ- or suffering a legal wrong because of,’’. fuel economy. A 2004 study performed by the omy standards under paragraph (1), each University of Michigan concludes that pro- manufacturer of passenger automobiles shall S. 768 viding $1,500,000,000 in tax incentives over a be subject to an average fuel economy stand- 10-year period to encourage domestic manu- Be it enacted by the Senate and House of Rep- ard for passenger automobiles manufactured facturers and parts facilities to produce resentatives of the United States of America in by a manufacturer in a model year that shall clean cars will lead to a gain of nearly 60,000 Congress assembled, be equal to 92 percent of the average fuel domestic jobs and pay for itself through the economy projected by the Secretary for all SECTION 1. SHORT TITLE. resulting increase in domestic tax receipts. passenger automobiles manufactured by all This Act may be cited as the ‘‘Fuel Econ- SEC. 3. DEFINITION OF AUTOMOBILE AND PAS- manufacturers in that model year. An aver- omy Reform Act’’. SENGER AUTOMOBILE. age fuel economy standard under this sub- SEC. 2. FINDINGS. (a) DEFINITION OF AUTOMOBILE.— paragraph for a model year shall be promul- Congress makes the following findings: (1) IN GENERAL.—Paragraph (3) of section gated at the same time as the standard (1) United States dependence on oil im- 32901(a) of title 49, United States Code, is under paragraph (1) for such model year. ports imposes tremendous burdens on the amended by striking ‘‘rated at—’’ and all ‘‘(3) If the actual aggregate level of aver- economy, foreign policy, and military of the that follows through the period at the end age fuel economy achieved by manufacturers United States. and inserting ‘‘rated at not more than 10,000 for each of 3 consecutive model years is 5 (2) According to the Energy Information pounds gross vehicle weight.’’. percent or more less than the projected ag- Administration, 60 percent of the crude oil (2) FUEL ECONOMY INFORMATION.—Section gregate level of average fuel economy for and petroleum products consumed in the 32908(a) of such title is amended, by striking such model year, the Secretary may make United States between April 2005 and March ‘‘section—’’ and all that follows through appropriate adjustments to the standards 2006 (12,400,000 barrels per day) were im- ‘‘(2)’’ and inserting ‘‘section, the term’’. prescribed under this subsection. ported. At a cost of $75 per barrel of oil, peo- (3) EFFECTIVE DATE.—The amendments ‘‘(4)(A) Notwithstanding paragraphs (1) ple in the United States remit more than made by paragraphs (1) and (2) shall apply to through (3) and subsection (b), the Secretary $600,000 per minute to other countries for pe- model year 2010 and each subsequent model of Transportation may prescribe a lower av- troleum. year. erage fuel economy standard for 1 or more (3) A significant percentage of these petro- (b) DEFINITION OF PASSENGER AUTO- model years if the Secretary of Transpor- leum imports originate in countries con- MOBILE.— tation, in consultation with the Secretary of trolled by regimes that are unstable or open- (1) IN GENERAL.—Paragraph (16) of section Energy, finds, by clear and convincing evi- ly hostile to the interests of the United 32901(a) of such title is amended by striking dence, that the minimum standards pre- States. Dependence on production from these ‘‘, but does not include’’ and all that follows scribed under paragraph (1)(B) or (3) or sub- countries contributes to the volatility of do- through the end and inserting a period. section (b) for each model year— mestic and global markets and the ‘‘risk pre- (2) EFFECTIVE DATE.—The amendment ‘‘(i) are technologically not achievable; mium’’ paid by consumers in the United made by paragraph (1) shall apply to model ‘‘(ii) cannot be achieved without materi- States. year 2012 and each subsequent model year. ally reducing the overall safety of auto- (4) The Energy Information Administra- SEC. 4. AVERAGE FUEL ECONOMY STANDARDS. mobiles manufactured or sold in the United tion projects that the total petroleum de- (a) STANDARDS.—Section 32902 of title 49, States and no offsetting safety improve- mand in the United States will increase by 23 United States Code, is amended— ments can be practicably implemented for percent between 2006 and 2026, while domes- (1) in subsection (a)— that model year; or tic crude production is expected to decrease (A) in the heading, by inserting ‘‘MANUFAC- ‘‘(iii) is shown not to be cost effective. by 11 percent, resulting in an anticipated 28 TURED BEFORE MODEL YEAR 2013’’ after ‘‘NON- ‘‘(B) If a lower standard is prescribed for a percent increase in petroleum imports. Ab- PASSENGER AUTOMOBILES’’; and model year under subparagraph (A), such sent significant action, the United States (B) by adding at the end the following: standard shall be the maximum standard will become more vulnerable to oil price in- ‘‘This subsection shall not apply to auto- that—

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‘‘(i) is technologically achievable; the Department of Energy of the average na- (b) CONFORMING AMENDMENTS.— ‘‘(ii) can be achieved without materially tional cost of a gallon of gasoline (all grades) (1) IN GENERAL.—Chapter 329 of title 49, reducing the overall safety of automobiles sold in the United States; or United States Code, is amended— manufactured or sold in the United States; ‘‘(C) the gasoline prices projected by the (A) in section 32903— and Energy Information Administration for the (i) by striking ‘‘passenger’’ each place it ‘‘(iii) is cost effective. 20-year period beginning in the year fol- appears; ‘‘(5) In determining cost effectiveness lowing the year in which the standards are (ii) by striking ‘‘section 32902(b)–(d) of this under paragraph (4)(A)(iii), the Secretary of established. title’’ each place it appears and inserting Transportation shall take into account the ‘‘(7) In prescribing standards under this ‘‘subsection (c) or (d) of section 32902’’; total value to the United States of reduced subsection, the Secretary may prescribe (iii) by striking subsection (e); and petroleum use, including the value of reduc- standards for 1 or more model years. (iv) by redesignating subsection (f) as sub- ing external costs of petroleum use, using a ‘‘(8)(A) Not later than December 31, 2016, section (e); and value for such costs equal to 50 percent of the Secretary of Transportation, the Sec- (B) in section 32904— the value of a gallon of gasoline saved or the retary of Energy, and the Administrator of (i) in subsection (a)— amount determined in an analysis of the ex- the Environmental Protection Agency shall (I) by striking ‘‘passenger’’ each place it ternal costs of petroleum use that con- submit a joint report to Congress on the appears; and siders— state of global automotive efficiency tech- (II) in paragraph (1), by striking ‘‘subject ‘‘(A) value to consumers; nology development, and on the accuracy of to’’ and all that follows through ‘‘section ‘‘(B) economic security; tests used to measure fuel economy of auto- 32902(b)–(d) of this title’’ and inserting ‘‘sub- ‘‘(C) national security; mobiles under section 32904(c), utilizing the ject to subsection (c) or (d) of section 32902’’; ‘‘(D) foreign policy; study and assessment of the National Acad- and ‘‘(E) the impact of oil use— emy of Sciences referred to in subparagraph (ii) in subsection (b)(1)(B), by striking ‘‘(i) on sustained cartel rents paid to for- (B). ‘‘under this chapter’’ and inserting ‘‘under eign suppliers; ‘‘(B) The Secretary of Transportation shall section 32902(c)(2)’’. ‘‘(ii) on long-run potential gross domestic enter into appropriate arrangements with (2) EFFECTIVE DATE.—The amendments product due to higher normal-market oil the National Academy of Sciences to con- made by this section shall apply to auto- price levels, including inflationary impacts; duct a comprehensive study of the techno- mobiles manufactured after model year 2012. ‘‘(iii) on import costs, wealth transfers, logical opportunities to enhance fuel econ- and potential gross domestic product due to omy and an analysis and assessment of the SEC. 5. CREDIT TRADING, COMPLIANCE, AND JU- increased trade imbalances; accuracy of fuel economy tests used by the DICIAL REVIEW. ‘‘(iv) on import costs and wealth transfers Administrator of the Environmental Protec- (a) CREDIT TRADING.—Section 32903(a) of during oil shocks; tion Agency to measure fuel economy for title 49, United States Code, is amended— ‘‘(v) on macroeconomic dislocation and ad- each model under section 32904(c). Such anal- (1) by inserting ‘‘Credits earned by a manu- justment costs during oil shocks; ysis and assessment shall identify any addi- facturer under this section may be sold to ‘‘(vi) on the cost of existing energy secu- tional factors or methods that should be in- any other manufacturer and used as if rity policies, including the management of cluded in tests to measure fuel economy for earned by that manufacturer, except that the Strategic Petroleum Reserve; each model to more accurately reflect actual credits earned by a manufacturer described ‘‘(vii) on the timing and severity of the oil fuel economy of automobiles. The Secretary in clause (i) of section 32904(b)(1)(A) may of Transportation and the Administrator of peaking problem; only be sold to a manufacturer described the Environmental Protection Agency shall ‘‘(viii) on the risk, probability, size, and such clause (i) and credits earned by a manu- furnish, at the request of the Academy, any duration of oil supply disruptions; facturer described in clause (ii) of such sec- information that the Academy determines to ‘‘(ix) on OPEC strategic behavior and long- tion may only be sold to a manufacturer de- be necessary to conduct the study, analysis, run oil pricing; scribed in such clause (ii).’’ after ‘‘earns and assessment under this subparagraph. credits.’’; ‘‘(x) on the short term elasticity of energy ‘‘(C) The report submitted under subpara- demand and the magnitude of price increases (2) by striking ‘‘3 consecutive model years graph (A) shall include— immediately’’ each place it appears and in- resulting from a supply shock; ‘‘(i) the study of the National Academy of ‘‘(xi) on oil imports, military costs, and re- serting ‘‘model years’’; and Sciences referred to in subparagraph (B); and (3) effective for model years after 2012, the lated security costs, including intelligence, ‘‘(ii) an assessment by the Secretary of homeland security, sea lane security and in- sentence added by paragraph (1) of this sub- Transportation of technological opportuni- section is amended by inserting ‘‘for pur- frastructure, and other military activities; ties to enhance fuel economy and opportuni- ‘‘(xii) on oil imports, diplomatic and for- poses of compliance with section 32902(c)(2)’’ ties to increase overall fleet safety. after ‘‘except that’’. eign policy flexibility, and connections to ‘‘(D) The report submitted under subpara- (b) MULTI-YEAR COMPLIANCE PERIOD.—Sec- geopolitical strife, terrorism, and inter- graph (A) shall identify and examine addi- tion 32904(c) of such title is amended— national development activities; tional opportunities to reform the regu- (1) by inserting ‘‘(1)’’ before ‘‘The Adminis- ‘‘(xiii) on all relevant environmental haz- latory structure under this chapter, includ- trator’’; and ards under the jurisdiction of the Environ- ing approaches that seek to merge vehicle (2) by adding at the end the following: mental Protection Agency; and and fuel requirements into a single system ‘‘(2) The Secretary, by rule, may allow a ‘‘(xiv) on well-to-wheels urban and local air that achieves equal or greater reduction in emissions of ‘pollutants’ and their petroleum use and environmental benefits manufacturer to elect a multi-year compli- uninternalized costs; than the amount of petroleum use and envi- ance period of not more than 4 consecutive ‘‘(F) the impact of the oil or energy inten- ronmental benefits that have been achieved model years in lieu of the single model year sity of the United States economy on the as of the date of the enactment of this Act. compliance period otherwise applicable sensitivity of the economy to oil price ‘‘(E) The report submitted under subpara- under this chapter.’’. changes, including the magnitude of gross graph (A) shall— (c) JUDICIAL REVIEW OF REGULATIONS.—Sec- domestic product losses in response to short ‘‘(i) include conclusions reached by the Ad- tion 32909(a)(1) of such title is amended by term price shocks or long term price in- ministrator of the Environmental Protection striking out ‘‘adversely affected by’’ and in- creases; Agency, as a result of detailed analysis and serting ‘‘aggrieved or adversely affected by, ‘‘(G) the impact of United States payments public comment, on the accuracy of fuel or suffering a legal wrong because of,’’. for oil imports on political, economic, and economy tests as in use during the period be- SEC. 6. CONSUMER TAX CREDIT. military developments in unstable or un- ginning on the date that is 5 years before the (a) ELIMINATION ON NUMBER OF NEW QUALI- friendly oil exporting countries; completion of the report and ends on the FIED HYBRID AND ADVANCED LEAN BURN TECH- ‘‘(H) the uninternalized costs of pipeline date of such completion; NOLOGY VEHICLES ELIGIBLE FOR ALTERNATIVE and storage oil seepage, and for risk of oil ‘‘(ii) identify any additional factors that MOTOR VEHICLE CREDIT.— spills from production, handling, and trans- the Administrator determines should be in- (1) IN GENERAL.—Section 30B of the Inter- port, and related landscape damage; and cluded in tests to measure fuel economy for nal Revenue Code of 1986 is amended— ‘‘(I) additional relevant factors, as deter- each model to more accurately reflect actual (A) by striking subsection (f); and mined by the Secretary. fuel economy of automobiles; and (B) by redesignating subsections (g) ‘‘(6) When considering the value to con- ‘‘(iii) include a description of options, for- through (j) as subsections (f) through (i), re- sumers of a gallon of gasoline saved, the Sec- mulated by the Secretary of Transportation spectively. retary of Transportation may not use a and the Administrator, to incorporate such (2) CONFORMING AMENDMENTS.— value that is less than the greatest of— additional factors in fuel economy tests in a (A) Paragraphs (4) and (6) of section 30B(h) ‘‘(A) the average national cost of a gallon manner that will not effectively increase or of such Code are each amended by striking of gasoline sold in the United States during decrease average fuel economy for any auto- ‘‘(determined without regard to subsection the 12-month period ending on the date on mobile manufacturer.’’; and (g))’’ and inserting ‘‘determined without re- which the new fuel economy standard is pro- (4) in subsection (g)(2), by striking ‘‘(and gard to subsection (f))’’. posed; submit the amendment to Congress when re- (B) Section 38(b)(25) of such Code is amend- ‘‘(B) the most recent weekly estimate by quired under subsection (c)(2) of this sec- ed by striking ‘‘section 30B(g)(1)’’ and insert- the Energy Information Administration of tion)’’. ing ‘‘section 30B(f)(1)’’.

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(C) Section 55(c)(2) of such Code is amended ‘‘(E) any new qualified alternative fuel ‘‘(f) REDUCTION IN BASIS.—For purposes of by striking ‘‘section 30B(g)(2)’’ and inserting motor vehicle (as defined in section 30B(e)(4), this subtitle, if a credit is allowed under this ‘‘section 30B(f)(2)’’. including any mixed-fuel vehicle (as defined section for any expenditure with respect to (D) Section 1016(a)(36) of such Code is in section 30B(e)(5)(B)), and any property, the increase in the basis of amended by striking ‘‘section 30B(h)(4)’’ and ‘‘(F) any other motor vehicle using electric such property which would (but for this inserting ‘‘section 30B(g)(4)’’. drive transportation technology (as defined paragraph) result from such expenditure (E) Section 6501(m) of such Code is amend- in paragraph (3)). shall be reduced by the amount of the credit ed by striking ‘‘section 30B(h)(9)’’ and insert- ‘‘(2) ELECTRIC DRIVE TRANSPORTATION TECH- so allowed. ing ‘‘section 30B(g)(9)’’. NOLOGY.—The term ‘electric drive transpor- ‘‘(g) NO DOUBLE BENEFIT.— (b) EXTENSION OF ALTERNATIVE VEHICLE tation technology’ means technology used by ‘‘(1) COORDINATION WITH OTHER DEDUCTIONS CREDIT FOR NEW QUALIFIED HYBRID MOTOR vehicles that use an electric motor for all or AND CREDITS.—Except as provided in para- VEHICLES.—Paragraph (3) of section 30B(i) of part of their motive power and that may or graph (2), the amount of any deduction or such Code (as redesignated by subsection (a)) may not use off-board electricity, such as other credit allowable under this chapter for is amended by striking ‘‘December 31, 2009’’ battery electric vehicles, fuel cell vehicles, any cost taken into account in determining and inserting ‘‘December 31, 2011’’. engine dominant hybrid electric vehicles, the amount of the credit under subsection (a) (c) COMPUTATION OF CREDIT.—Section 30B plug-in hybrid electric vehicles, and plug-in shall be reduced by the amount of such cred- of such Code is amended by striking ‘‘city’’ hybrid fuel cell vehicles. it attributable to such cost. each place it appears and inserting ‘‘com- ‘‘(3) ELIGIBLE COMPONENTS.—The term ‘eli- ‘‘(2) RESEARCH AND DEVELOPMENT COSTS.— bined’’. gible component’ means any component in- ‘‘(A) IN GENERAL.—Except as provided in (d) EFFECTIVE DATES.—The amendments herent to any advanced technology motor subparagraph (B), any amount described in made by subsections (a) and (b) of this sec- vehicle, including— subsection (b)(1)(C) taken into account in de- tion shall apply to property placed in service ‘‘(A) with respect to any gasoline or diesel- termining the amount of the credit under after December 31, 2007, in taxable years end- electric new qualified hybrid motor vehicle— subsection (a) for any taxable year shall not ing after such date. The amendments made ‘‘(i) electric motor or generator; be taken into account for purposes of deter- by subsection (c) shall apply to vehicles ac- ‘‘(ii) power split device; mining the credit under section 41 for such quired after the date of the enactment of ‘‘(iii) power control unit; taxable year. this Act. ‘‘(iv) power controls; ‘‘(B) COSTS TAKEN INTO ACCOUNT IN DETER- SEC. 7. ADVANCED TECHNOLOGY MOTOR VEHI- ‘‘(v) integrated starter generator; or MINING BASE PERIOD RESEARCH EXPENSES.— CLES MANUFACTURING CREDIT. ‘‘(vi) battery; Any amounts described in subsection (a) IN GENERAL.—Subpart B of part IV of ‘‘(B) with respect to any hydraulic new (b)(1)(C) taken into account in determining subchapter A of chapter 1 of the Internal qualified hybrid motor vehicle— the amount of the credit under subsection (a) Revenue Code of 1986 (relating to foreign tax ‘‘(i) accumulator or other energy storage for any taxable year which are qualified re- credit, etc.) is amended by adding at the end device; search expenses (within the meaning of sec- the following new section: ‘‘(ii) hydraulic pump; tion 41(b)) shall be taken into account in de- ‘‘SEC. 30D. ADVANCED TECHNOLOGY MOTOR VE- ‘‘(iii) hydraulic pump-motor assembly; termining base period research expenses for HICLES MANUFACTURING CREDIT. ‘‘(iv) power control unit; and purposes of applying section 41 to subsequent ‘‘(a) CREDIT ALLOWED.—There shall be al- ‘‘(v) power controls; taxable years. lowed as a credit against the tax imposed by ‘‘(C) with respect to any new advanced lean ‘‘(h) BUSINESS CARRYOVERS ALLOWED.—If this chapter for the taxable year an amount burn technology motor vehicle— the credit allowable under subsection (a) for equal to 35 percent of the qualified invest- ‘‘(i) diesel engine; a taxable year exceeds the limitation under ment of an eligible taxpayer for such taxable ‘‘(ii) turbo charger; subsection (e) for such taxable year, such ex- year. ‘‘(iii) fuel injection system; or cess (to the extent of the credit allowable ‘‘(b) QUALIFIED INVESTMENT.—For purposes ‘‘(iv) after-treatment system, such as a with respect to property subject to the al- of this section— particle filter or NOx absorber; and lowance for depreciation) shall be allowed as ‘‘(1) IN GENERAL.—The qualified investment ‘‘(D) with respect to any advanced tech- a credit carryback to each of the 15 taxable for any taxable year is equal to the incre- nology motor vehicle, any other component years immediately preceding the unused mental costs incurred during such taxable submitted for approval by the Secretary. credit year and as a carryforward to each of year— ‘‘(4) ELIGIBLE TAXPAYER.—The term ‘eligi- the 20 taxable years immediately following ‘‘(A) to re-equip, expand, or establish any ble taxpayer’ means any taxpayer if more the unused credit year. manufacturing facility in the United States than 20 percent of the taxpayer’s gross re- ‘‘(i) SPECIAL RULES.—For purposes of this of the eligible taxpayer to produce advanced ceipts for the taxable year is derived from section, rules similar to the rules of section technology motor vehicles or to produce eli- the manufacture of motor vehicles or any 179A(e)(4) and paragraphs (1) and (2) of sec- gible components, component parts of such vehicles. tion 41(f) shall apply. ‘‘(B) for engineering integration performed ‘‘(d) ENGINEERING INTEGRATION COSTS.—For ‘‘(j) ALLOCATION OF CREDIT TO PUR- in the United States of such vehicles and purposes of subsection (b)(1)(B), costs for en- CHASERS.— components as described in subsection (d), gineering integration are costs incurred ‘‘(1) ELECTION TO ALLOCATE.— ‘‘(C) for research and development per- prior to the market introduction of advanced ‘‘(A) IN GENERAL.—In the case of an eligible formed in the United States related to ad- technology vehicles for engineering tasks re- taxpayer, any portion of the credit deter- vanced technology motor vehicles and eligi- lated to— mined under subsection (a) for the taxable ble components, and ‘‘(1) establishing functional, structural, year may, at the election of such taxpayer, ‘‘(D) for employee retraining with respect and performance requirements for compo- be apportioned among purchasers of quali- to the manufacturing of such vehicles or nent and subsystems to meet overall vehicle fying vehicles from the taxpayer in the tax- components (determined without regard to objectives for a specific application, able year (or in any year in which the credit wages or salaries of such retrained employ- ‘‘(2) designing interfaces for components may be carried over). ees). and subsystems with mating systems within ‘‘(B) QUALIFYING VEHICLES.—For purposes ‘‘(2) ATTRIBUTION RULES.—In the event a fa- a specific vehicle application, of this subsection, the term ‘qualifying vehi- cility of the eligible taxpayer produces both ‘‘(3) designing cost effective, efficient, and cle’ means an advanced technology vehicle advanced technology motor vehicles and reliable manufacturing processes to produce manufactured at a facility described in sub- conventional motor vehicles, or eligible and components and subsystems for a specific ve- section (b)(1)(A). non-eligible components, only the qualified hicle application, and ‘‘(C) FORM AND EFFECT OF ELECTION.—An investment attributable to production of ad- ‘‘(4) validating functionality and perform- election under subparagraph (A) for any tax- vanced technology motor vehicles and eligi- ance of components and subsystems for a able year shall be made on a timely filed re- ble components shall be taken into account. specific vehicle application. turn for such year. Such election, once made, ‘‘(c) DEFINITIONS.—In this section: ‘‘(e) LIMITATION BASED ON AMOUNT OF shall be irrevocable for such taxable year. ‘‘(1) ADVANCED TECHNOLOGY MOTOR VEHI- TAX.—The credit allowed under subsection ‘‘(2) TREATMENT OF TAXPAYER AND PUR- CLE.—The term ‘advanced technology motor (a) for the taxable year shall not exceed the CHASERS.—The amount of the credit appor- vehicle’ means— excess of— tioned to any purchaser under paragraph ‘‘(A) any qualified electric vehicle (as de- ‘‘(1) the sum of— (1)— fined in section 30(c)(1)), ‘‘(A) the regular tax liability (as defined in ‘‘(A) shall not be included in the amount ‘‘(B) any new qualified fuel cell motor ve- section 26(b)) for such taxable year, plus determined under subsection (a) with respect hicle (as defined in section 30B(b)(3)), ‘‘(B) the tax imposed by section 55 for such to the eligible taxpayer for the taxable year; ‘‘(C) any new advanced lean burn tech- taxable year and any prior taxable year be- and nology motor vehicle (as defined in section ginning after 1986 and not taken into ac- ‘‘(B) shall be treated as an amount deter- 30B(c)(3)), count under section 53 for any prior taxable mined under subsection (a) for the taxable ‘‘(D) any new qualified hybrid motor vehi- year, over year of the purchaser which ends in the cal- cle (as defined in section 30B(d)(2)(A) and de- ‘‘(2) the sum of the credits allowable under endar year of purchase. termined without regard to any gross vehicle subpart A and sections 27, 30, and 30B for the ‘‘(3) SPECIAL RULES FOR DECREASE IN CRED- weight rating), taxable year. ITS FOR TAXABLE YEAR.—If the amount of the

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2706 CONGRESSIONAL RECORD — SENATE March 6, 2007 credit of an eligible taxpayer determined place over 10,000 new teachers in class- reaucratic barriers that keep them out. under subsection (a) for a taxable year is less rooms around the country. The pro- Experts predict that we will need ap- than the amount of such credit shown on the gram provides guidance, teacher cer- proximately 2 million new teachers in return of the taxpayer for such year, an tification assistance, and bonuses for the next decade, and we need teachers amount equal to the excess of— ‘‘(A) such reduction, over military personnel who give at least who will give more than a year or two ‘‘(B) the amount not apportioned to such three years of service in the classroom. of service. Today, half of newcomers to purchasers under paragraph (1) for the tax- When Congress established the the teaching profession last less than able year, Troops to Teachers program, it created five years. The good news is that shall be treated as an increase in tax im- two levels of bonuses for military per- Troops to Teachers has an 83 percent posed by this chapter on the eligible tax- sonnel and veterans who participate. retention rate for its teachers. A full payer. An individual was eligible for a $5,000 223 of the 343 original participants are ‘‘(4) WRITTEN NOTICE TO PURCHASERS.—If stipend so long as he or she taught in still teaching today, more than a dec- any portion of the credit available under any school in a district that received ade after the program’s creation. subsection (a) is allocated to purchasers under paragraph (1), the eligible taxpayer Title I funding under the Elementary Troops to Teachers also helps fill a shall provide any purchaser receiving an al- and Secondary Education Act. This need for diversity in the classroom—83 location written notice of the amount of the meant that an individual could teach percent of program participants are allocation. Such notice may be provided ei- three years in any of a vast majority of male, compared to 18 percent of teach- ther at the time of purchase or at any time schools in the country and still be eli- ers nationally, and 37 percent are eth- not later than 60 days after the close of the gible for the $5,000 bonus. nic minorities, compared to 15 percent calendar year in which the vehicle is pur- Congress allowed a person to receive of teachers nationally. chased.’’ an additional $5,000 if he or she taught The second problem with the new eli- ‘‘(k) ELECTION NOT TO TAKE CREDIT.—No credit shall be allowed under subsection (a) three years in a school that served a gibility criteria is that it dispropor- for any property if the taxpayer elects not to high percentage of disadvantaged stu- tionately hurts rural veterans and have this section apply to such property. dents. The total bonus of $10,000 was rural school districts. It’s hard to find ‘‘(l) REGULATIONS.—The Secretary shall meant to draw these talented new a school district in western Colorado or prescribe such regulations as necessary to teachers into schools that needed them on the eastern plains that has 10,000 carry out the provisions of this section. students. Are we expecting a Troops to ‘‘(m) TERMINATION.—This section shall not most. apply to any qualified investment after De- For over a decade, this bonus struc- Teacher participant living in Yuma cember 31, 2011.’’. ture was highly successful. In Colorado County, population 9,789 to drive to (b) CONFORMING AMENDMENTS.— alone, the program has provided Denver to teach in an eligible school (1) Section 1016(a) of the Internal Revenue around 80 new hires a year to schools there so they can receive the $5,000 sti- Code of 1986 is amended by striking ‘‘and’’ at where new teachers are desperately pend? the end of paragraph (36), by striking the pe- needed. The third problem with the new cri- riod at the end of paragraph (37) and insert- But in 2005, the Department of Edu- teria is that it hurts retiring service ing ‘‘, and’’, and by adding at the end the fol- lowing new paragraph: cation limited the number of schools members who want to pursue a second ‘‘(38) to the extent provided in section that were eligible to participate and career in education. This country has a 30D(g).’’. therefore made it more difficult for in- long history of providing educational (2) Section 6501(m) of such Code is amended dividuals to receive the baseline $5,000 benefits to our men and women in uni- by inserting ‘‘30D(k),’’ after ‘‘30C(e)(5),’’. bonus. The Department of Education form through the 1944 GI Bill and suc- (3) The table of sections for subpart B of was able to do this because when the cessive legislation. Troops to Teachers part IV of subchapter A of chapter 1 of such Troops to Teachers program was reau- furthers this great cause by helping Code is amended by inserting after the item thorized under the No Child Left Be- our men and women in uniform extend relating to section 30C the following new item: hind Act, there was a mistake in the their education and earn a teaching certificate. With over 1.3 million vet- ‘‘Sec. 30D. Advanced technology motor vehi- reauthorization language that created cles manufacturing credit.’’. confusion about which schools an indi- erans from Iraq and Afghanistan, many (c) EFFECTIVE DATE.—The amendments vidual may teach in order to be eligible of whom are currently transitioning made by this section shall apply to amounts for the $5,000 bonus. As I pointed out a back to civilian life, we have an oppor- incurred in taxable years beginning after De- moment ago, when Congress created tunity to bring the best and the bright- cember 31, 1999. the Troops to Teachers program, it est who are now serving in the military straight into the classrooms, where By Mr. SALAZAR (for himself, said that an individual could receive the bonus if he or she taught in a they can continue to extend their serv- Mr. CHAMBLISS, Ms. COLLINS, ‘‘high-need’’ school, that is, in any ice to their country. and Mr. ALLARD): The bill I’m introducing today pro- S. 769. A bill to amend the Elemen- school in a district that received Title tary and Secondary Education Act of 1 funding. In Colorado, that meant that vides a simple fix to the problems that 1965 to ensure that participants in the around 98 percent of school districts arose for the Troops to Teachers pro- Troops to Teachers program may teach qualified. But, because Troops to gram under the No Child Left Behind at a range of eligible schools; to the Teachers was mistakenly placed in a Act. The bill simply says that if there Committee on Health, Education, section of NCLB with a different defini- is no school within 50 miles of the Labor, and Pensions. tion of ‘‘high need,’’ an individual can home of a Troops to Teachers partici- Mr. SALAZAR. Mr. President, today now only receive the $5,000 bonus if he pant, the individual may teach in any I am introducing the Troops to Teach- or she teaches in a school that has school in a district that receives Title ers Improvement Act of 2007, which more than 10,000 students or has more 1 funding and receive the initial $5,000 will help more of our veterans and than 20 percent of its students from bonus. This bill will allow thousands of service members find second careers in families below the poverty line. retiring service members in rural com- our classrooms. This bill will expand As a result of this change, enroll- munities to take advantage of the the accessibility of this program, so ments in the Troops to Teachers pro- Troops to Teachers incentives and that more military personnel will be gram have dwindled over the past two transition to a second career in the able to enroll, receive $5,000 toward years. Western and rural States, in par- classroom. I also want to point out their teaching certification, and teach ticular, have been negatively impacted. that this bill still prioritizes schools in a school near their home. I am proud In Colorado, new hires out of Troops to that fit the current definition of ‘‘high to be joined by Senator CHAMBLISS, Teachers have dropped from 79 for the need’’—that is, schools with over 10,000 Senator COLLINS, and Senator ALLARD 2003–2004 school year to 43 for the 2006– students or with 20 percent of its stu- in introducing this legislation. On the 2007 school year. dents from families below the poverty House side, Congressman PETRI and This drop-off in new hires from line—but it also provides an outlet if Congresswoman MATSUI have intro- Troops to Teachers is problematic for there are no schools in the area that fit duced a companion to this bill. several reasons. First, we should be those criteria. This bill does not affect Since it was created in 1994, the finding ways of attracting new teach- the additional bonus that Troops to Troops to Teachers program has helped ers to our classrooms, not devising bu- Teachers participants have always

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2707 been able to receive if they teach in a At the same time, since 1963, rates of parents have sent them to school with school with a high percentage of dis- obesity have quadrupled among chil- the expectation that they will have advantaged students. dren ages 6 to 11 and tripled among balanced meals from the school lunch I am hopeful that when we reauthor- children ages 12 to 19. Even our young- program? ize the No Child Left Behind Act, we est children are not immune. Since Today, along with my colleague Sen- take another look at Troops to Teach- 1971, among children ages 2 to 5, obe- ator MURKOWSKI of Alaska, I will intro- ers to help make it more accessible to sity rates have tripled. duce bipartisan legislation to address veterans from Iraq and Afghanistan, There are many reasons for this pub- this problem—and to do what is right National Guard members, and reserv- lic health crisis, and accordingly, ad- for the health of our kids. This bill has ists. Troops to Teachers is a good pro- dressing the crisis will require multiple broad support in both the education gram that should be strengthened and solutions as well. One place where we and the public health communities and supported when it is reauthorized. Yet, can start is with our schools, which is supported by the National PTA, the we shouldn’t wait until then to fix this have been inundated with foods and National Education Association, the needless problem that is hampering the drinks having little or no positive nu- American Federation of Teachers, the program’s effectiveness today. I urge tritional value. A recent study from American Medical Association, the my colleagues to support this problem, the Government Accountability office Center for Science in the Public Inter- today, by supporting the quick, found that 99 percent of high schools, est, the School Nutrition Association, straightforward solution that this bill 97 percent of middle schools, and 83 the Food Research and Action Center, provides. percent of elementary schools sell the American Heart Association, the I ask unanimous consent that the foods from vending machines, school American Dietetic Association, the text of this bill be printed in the stores, or a-la-carte lines in the cafe- American Diabetes Association, and RECORD. teria. And it is not fresh fruits and the American Academy of Pediatrics, There being no objection, the text of vegetables and other healthy foods among others. the bill was ordered to be printed in that are being sold. No, the vast major- The Child Nutrition Promotion and the RECORD, as follows: ity of the foods being sold in our School Lunch Protection Act of 2007 S. 769 schools outside of Federal meal pro- does two very simple but important Be it enacted by the Senate and House of Rep- grams are foods that contribute noth- things: resentatives of the United States of America in ing to the health and development of First, it requires the Secretary of Ag- Congress assembled, our children and are actually detri- riculture to initiate a rulemaking SECTION 1. SHORT TITLE. mental to them. process to update nutritional standards This Act may be cited as the ‘‘Troops to Not only does the overconsumption for foods sold in schools. Currently, Teachers Improvement Act of 2007’’. of these foods take a toll on the health USDA relies upon a very narrow nutri- SEC. 2. PARTICIPATION AGREEMENT AND FINAN- of our children, but they also have a tional standard that is nearly 30 years CIAL ASSISTANCE UNDER TROOPS negative impact of the investment of old. Since that definition was formu- TO TEACHERS PROGRAM. taxpayer dollars in the health of our lated, children’s diets and dietary risk Section 2304 of the Elementary and Sec- kids. Every year the Federal Govern- have changed dramatically. In that ondary Education Act of 1965 (20 U.S.C. 6674) ment spends nearly $10 billion to reim- time, we have also learned a great deal is amended in subsection (a)(1)(B) by strik- ing ‘‘for not less than 3 school years’’ and all burse schools for the provision of meals about the relationship between poor that follows through the period at the end through the National School Lunch diet and chronic disease. It is time for and inserting the following: ‘‘for not less Program and School Breakfast Pro- public policy to catch up with the than 3 school years, to begin the school year gram. In order to receive reimburse- science. after obtaining that certification or licens- ment, these meals must meet nutrition Second, the bill requires the Sec- ing, with a high-need local educational agen- standards based upon the Dietary retary of Agriculture to apply the up- cy or public charter school, as such terms Guidelines for All Americans, the offi- dated definition everywhere on school are defined in section 2101 or, if there is no cial dietary advice of the U.S. govern- grounds and throughout the school high-need local educational agency or public charter school for which the member is ment. However, sales of food elsewhere day. Currently, the Secretary can only qualified to teach within a 50-mile radius of in our schools do not fall under these issue rules limiting a very narrow class the member’s residence, then under cir- guidelines. Therefore, as children con- of foods, and then only stop their sales cumstances covered by section 2302(b)(2).’’. sume more and more of the foods typi- in the actual school cafeteria during cally sold through school vending ma- the meal period. As a result, a child By Mr. HARKIN (for himself, Ms. chines and snack bars, it undermines only needs to walk into the hall out- MURKOWSKI, Mr. DURBIN, Mr. the nearly $10 billion in federal reim- side the cafeteria to buy a lunch con- VOINOVICH, Mr. MENENDEZ, Ms. bursements that we spend on nutrition- sisting of soda, a bag of chips and a CANTWELL, Mr. LIEBERMAN, Mr. ally balanced school meals. candy bar. This is a loophole that is big CARPER, and Mr. SCHUMER): Finally, the heavy selling of candy, enough to drive a soft drink delivery S. 771. A bill to amend the Child Nu- soft drinks and other junk food in our truck through—literally. It is time to trition Act of 1966 to improve the nu- schools undermines the guidance, and close it. trition and health of schoolchildren by even the instruction and authority of The bill is supported in the Senate by updating the definition of ‘‘food of parents who want to help their chil- a bipartisan group of Senators. Joining minimal nutritional value’’ to conform dren consume sound and balanced me in introducing the bill are Senator to current nutrition science and to pro- diets. The American public agrees. A MURKOWSKI of Alaska, Senator DURBIN tect the Federal investment in the na- Robert Wood Johnson Foundation poll of Illinois, Senator VOINOVICH of Ohio, tional school lunch and breakfast pro- from several years ago found that 90 Senator MENENDEZ of New Jersey, Sen- grams; to the Committee on Agri- percent of parents would like to see ator LIEBERMAN of Connecticut, Sen- culture, Nutrition, and Forestry. schools remove the typical junk food ator SCHUMER of New York, Senator Mr. HARKIN. Mr. President, our Na- from vending machines and replace it CANTWELL of Washington, and Senator tion faces a public health crisis of the with healthier alternatives. My bill CARPER of Delaware. The diverse group first order. Poor diet and physical inac- seeks to restore the role and authority of supporters of this bill cuts across tivity are contributing to growing of parents by ensuring that schools ideological lines and shows that when rates of chronic disease in the U.S. provide the healthy, balanced nutrition the health of our children is at stake, These problems do not just affect that contributes to health and develop- we can put aside our differences in the adults, but increasingly affect the ment. interest of our children. health of our children as well. Research What really hurts children and un- This bill, by itself, will not solve the suggests that one-third of American dermines parents is the junk food free- problem of poor diet and rising rates of children born today will develop type II for-all that currently exists in so many chronic disease among our children and diabetes at some point. For some mi- of our schools. How does it help kids if adults. But it is a start. Scientists pre- nority children, the numbers are even the school sells them a 20-ounce soda dict that—because of obesity and pre- more shocking, as high as 50 percent. and a candy bar for lunch when their ventable chronic diseases—the current

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2708 CONGRESSIONAL RECORD — SENATE March 6, 2007 generation of children could very well formed, consisting of about 40 affected It is time to put an end to the abu- be the first in American history to live organizations—Badger CURE. From sive practices of the Nation’s freight shorter lives than their parents. If this Dairyland Power Cooperative in La railroads. On the Antitrust Sub- isn’t a wake up call, I don’t know what Crosse to Wolf River Lumber in New committee, we have seen that in indus- is. London, companies in my State are try after industry, vigorous application Our children are at risk. The time to feeling the crunch of years of railroad of our Nation’s antitrust laws is the act is now. And that’s why I am pleased consolidation. To help offset a 93 per- best way to eliminate barriers to com- to introduce the Child Nutrition Pro- cent increase in shipping rates in 2006, petition, to end monopolistic behavior, motion and School Lunch Protection Dairyland Power Cooperative had to to keep prices low and quality of serv- Act of 2007. raise electricity rates by 20 percent. ice high. The railroad industry is no The reliability, efficiency, and afford- different. All those who rely on rail- By Mr. KOHL (for himself, Mr. ability of freight rail have all declined, roads to ship their products—whether COLEMAN, Mr. FEINGOLD, Mr. and Wisconsin consumers feel the it is an electric utility for its coal, a VITTER, and Mr. ROCKEFELLER): pinch. farmer to ship grain, or a factory to ac- S. 772. A bill to amend the Federal And similar stories exist across the quire its raw materials or ship out its antitrust laws to provide expanded cov- country. That is why I’m joining with finished product—deserve the full ap- erage and to eliminate exemptions my colleagues to introduce the Rail- plication of the antitrust laws to end from such laws that are contrary to the road Antitrust Enforcement Act of the anti-competitive abuses all too public interest with respect to rail- 2007. This legislation will force rail- prevalent in this industry today. I urge roads; to the Committee on the Judici- roads to play by the rules of free com- my colleagues to support the Railroad ary. petition like all other businesses. Antitrust Enforcement Act of 2007. Mr. KOHL. Mr. President, as Chair- The current antitrust exemptions I ask unanimous consent that the man of the Senate Antitrust Sub- protect a wide range of railroad indus- text of the bill be printed in the committee, I believe it is my role to in- try conduct from scrutiny by govern- RECORD. vestigate and help end—monopolistic mental antirust enforcers. Railroad There being no objection, the text of practices that exploit American con- mergers and acquisitions are exempt the bill was ordered to be printed in sumers. In that spirit, I rise today to from antitrust law and are reviewed the RECORD, as follows: introduce along with my colleagues, solely by the Surface Transportation S. 772 Senators COLEMAN, FEINGOLD, VITTER Board. Railroads that engage in collec- Be it enacted by the Senate and House of Rep- and ROCKEFELLER, the Railroad Anti- tive ratemaking are also exempt from resentatives of the United States of America in trust Enforcement Act of 2007. This antitrust law. Railroads subject to the Congress assembled, legislation will eliminate obsolete regulation of the Surface Transpor- SECTION 1. SHORT TITLE. tation Board are also exempt from pri- This Act may be cited as the ‘‘Railroad antitrust exemptions that protect Antitrust Enforcement Act of 2007’’. freight railroads from competition. vate antitrust lawsuits seeking the ter- mination of anti-competitive practices SEC. 2. INJUNCTIONS AGAINST RAILROAD COM- Consolidation in the railroad indus- MON CARRIERS. try, allowed under the exemptions my via injunctive relief. Our bill will The proviso in section 16 of the Clayton legislation would repeal, has resulted eliminate these exemptions. Act (15 U.S.C. 26) ending with ‘‘Code.’’ is No good reason exists for them. in only four Class I railroads providing amended to read as follows: ‘‘Provided, That While railroad legislation in recent over 90 percent of the nation’s freight nothing herein contained shall be construed decades—including most notably the to entitle any person, firm, corporation, or rail transportation. The lack of com- Staggers Rail Act of 1980—deregulated association, except the United States, to petition was recently documented in a much railroad rate setting from the bring suit for injunctive relief against any Government Accountability Office Oc- oversight of the Surface Transpor- common carrier that is not a railroad sub- tober 2006 report. That report found ject to the jurisdiction of the Surface Trans- tation Board, these obsolete antitrust that, ‘‘concerns about competition and portation Board under subtitle IV of title 49, exemptions remained in place, insu- captivity, in the rail industry, remain United States Code.’’. lating a consolidating industry from as traffic is concentrated in fewer rail- SEC. 3. MERGERS AND ACQUISITIONS OF RAIL- obeying the rules of fair competition. ROADS. roads.’’ The report also stated that the Our bill will bring railroad mergers The sixth undesignated paragraph of sec- Surface Transportation Board, the en- and acquisitions under the purview of tion 7 of the Clayton Act (15 U.S.C. 18) is tity charged with ensuring that the in- the Clayton Act, allowing the Federal amended to read as follows: dustry remains competitive, has failed Government, State attorneys general ‘‘Nothing contained in this section shall apply to transactions duly consummated to do so. In August 2006, the Attorneys and private parties to file suit to en- General of 17 states and the District pursuant to authority given by the Sec- join anti-competitive mergers and ac- retary of Transportation, Federal Power sent a letter to Congress citing prob- quisitions. It will restore the review of Commission, Surface Transportation Board lems due to a lack of competition and these mergers to the agencies where (except for agreements described in section asked that the antitrust exemptions be they belong—the Justice Department’s 10706 of title 49, United States Code, and removed. Antitrust Division and the Federal transactions described in section 11321 of The ill-effects of this consolidation Trade Commission. It will eliminate that title), the Securities and Exchange are exemplified in the case of ‘‘captive the exemption that prevents FTC’s Commission in the exercise of its jurisdic- tion under section 10 (of the Public Utility shippers’’—industries served by only scrutiny of railroad common carriers. one railroad. Over the past several Holding Company Act of 1935), the United It will eliminate the antitrust exemp- States Maritime Commission, or the Sec- years, these captive shippers faced tion for railroad collective ratemaking. retary of Agriculture under any statutory spiking rail rates. They are the victims It will allow State attorneys general provision vesting such power in the Commis- of the monopolistic practices and price and other private parties to sue rail- sion, Board, or Secretary.’’. gouging by the single railroad that roads for treble damages and injunctive SEC. 4. LIMITATION OF PRIMARY JURISDICTION. serves them, price increases which they relief for violations of the antitrust The Clayton Act is amended by adding at are forced to pass along into the price laws, including collusion that leads to the end thereof the following: of their products, and ultimately, to ‘‘SEC. 29. In any civil action against a com- excessive and unreasonable rates. mon carrier railroad under section 4, 4C, 15, consumers. And in many cases, the or- In sum, by clearing out this thicket or 16 of this Act, the district court shall not dinary protections of antitrust law are of outmoded antitrust exemptions, be required to defer to the primary jurisdic- unavailable to these captive shippers— railroads will be subject to the same tion of the Surface Transportation Board.’’. instead, the railroads are protected by laws as the rest of the economy. Gov- SEC. 5. FEDERAL TRADE COMMISSION ENFORCE- a series of exemptions from the normal ernment antitrust enforcers will fi- MENT. rules of antitrust law to which all nally have the tools to prevent anti- (a) CLAYTON ACT.—Section 11(a) of the other industries must abide. competitive transactions and practices Clayton Act (15 U.S.C. 21(a)) is amended by striking ‘‘subject to jurisdiction’’ and all These exemptions have put the by railroads. Likewise, private parties that follows through the first semicolon and American consumer at risk, and in will be able to utilize the antitrust inserting ‘‘subject to jurisdiction under sub- Wisconsin, victims of a lack of railroad laws to deter anti-competitive conduct title IV of title 49, United States Code (ex- competition abound. A coalition has and to seek redress for their injuries. cept for agreements described in section

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(c) CONFORMING AMENDMENTS.— costs of shipping important rail-de- SEC. 6. EXPANSION OF TREBLE DAMAGES TO (1) The heading for section 10706 of title 49, pendent commodities such as coal, RAIL COMMON CARRIERS. United States Code, is amended to read as bulk chemicals, and grains and other Section 4 of the Clayton Act (15 U.S.C. 15) follows: ‘‘RATE AGREEMENTS’’. agricultural products. Manufacturers is amended by— (2) The item relating to such section in the have been left at the mercy of the rail- (1) redesignating subsections (b) and (c) as chapter analysis at the beginning of chapter roads and are forced to pay exorbitant subsections (c) and (d), respectively; and 107 of such title is amended to read as fol- transportation rates to ship their (2) inserting after subsection (a) the fol- lows: goods. Many manufacturers struggle to lowing: ‘‘10706. Rate agreements.’’. ‘‘(b) Subsection (a) shall apply to common be competitive with competitors here SEC. 8. EFFECTIVE DATE. carriers by rail subject to the jurisdiction of and abroad because they simply do not (a) IN GENERAL.—Subject to the provisions the Surface Transportation Board under sub- of subsection (b), this Act shall take effect have real transportation choices. The title IV of title 49, United States Code, with- on the date of enactment of this Act. bottom line, which should come as no out regard to whether such railroads have (b) CONDITIONS.— surprise to my colleagues, is that if in- filed rates or whether a complaint chal- (1) PREVIOUS CONDUCT.—A civil action dustrial inputs and the fuel used to lenging a rate has been filed.’’. under section 4, 15, or 16 of the Clayton Act produce half of our electricity are arti- SEC. 7. TERMINATION OF EXEMPTIONS IN TITLE (15 U.S.C. 15, 25, 26) or complaint under sec- ficially high in price, consumers are 49. tion 5 of the Federal Trade Commission Act (a) IN GENERAL.—Section 10706 of title 49, left paying higher prices for just about (15 U.S.C. 45) may not be filed with respect to United States Code, is amended— any conduct or activity that occurred prior everything they buy. This continues to (1) in subsection (a)— to the date of enactment of this Act that was have an overwhelmingly negative af- (A) in paragraph (2)(A), by striking ‘‘, and previously exempted from the antitrust laws fect on West Virginia’s economy, as in- the Sherman Act (15 U.S.C. 1 et seq.),’’ and as defined in section 1 of the Clayton Act (15 dustries served by only one carrier face all that follows through ‘‘or carrying out the U.S.C. 12) by orders of the Interstate Com- pressures to cut production in the agreement’’ in the third sentence; merce Commission or the Surface Transpor- (B) in paragraph (4)— state, or to leave it altogether. tation Board issued pursuant to law. (i) by striking the second sentence; and How has this been allowed to come to (2) GRACE PERIOD.—A civil action or com- (ii) by striking ‘‘However, the’’ in the third pass? It will probably come as a shock plaint described in paragraph (1) may not be sentence and inserting ‘‘The’’; and to members of the Senate, but the rail- filed earlier than 180 days after the date of (C) in paragraph (5)(A), by striking ‘‘, and enactment of this Act with respect to any road industry is exempt from the Na- the antitrust laws set forth in paragraph (2) previously exempted conduct or activity or tion’s antitrust laws related to merg- of this subsection do not apply to parties and previously exempted agreement that is con- ers, acquisitions, and pooling arrange- other persons with respect to making or car- tinued subsequent to the date of enactment ments approved by the Surface Trans- rying out the agreement’’; and of this Act. (2) by striking subsection (e) and inserting portation Board (STB). They are also the following: Mr. ROCKEFELLER. Mr. President, I exempt from antitrust laws that would ‘‘(e) APPLICATION OF ANTITRUST LAWS.— am proud today to join with my col- otherwise influence ratemaking. Under ‘‘(1) IN GENERAL.—Nothing in this section leagues, Senator Kohl, Senator Cole- the current exemptions, private parties exempts a proposed agreement described in man, Senator Feingold, and Senator cannot file antitrust suits against rail- subsection (a) from the application of the Vitter, to introduce the Railroad Anti- road companies to halt what in would Sherman Act (15 U.S.C. 1 et seq.), the Clay- trust Enforcement Act of 2007. If en- be for every other industry illegal prac- ton Act (15 U.S.C. 12, 14 et seq.), the Federal tices. Under current law, railroads are Trade Commission Act (15 U.S.C. 41 et seq.), acted, this bill would close an incom- section 73 or 74 of the Wilson Tariff Act (15 prehensible legal loophole that has al- allowed to continue a wide range of U.S.C. 8 and 9), or the Act of June 19, 1936 (15 lowed our Nation’s freight railroads anti-competitive practices that se- U.S.C. 13, 13a, 13b, 21a). the unfettered ability to act in anti- verely inhibit the ability of our Na- ‘‘(2) ANTITRUST ANALYSIS TO CONSIDER IM- competitive ways for too many years. tion’s businesses from shipping their PACT.—In reviewing any such proposed agree- Since before I came to the United goods at reasonable rates. What this ment for the purpose of any provision of law States Senate I have been quite Nation has experienced in the more described in paragraph (1), the Board and any stunned at the ability of railroad com- than 25 years since the Staggers Act other reviewing agency shall take into ac- partially deregulated the freight rail count, among any other considerations, the panies, by virtue of an exemption from impact of the proposed agreement on ship- our antitrust laws, to ignore the legiti- market are not efforts by railroads to pers, on consumers, and on affected commu- mate complaints of their customers, to modernize their systems, improve effi- nities.’’. sidestep the appropriate concerns of ciency, and upgrade service. Rather, (b) COMBINATIONS.—Section 11321 of title 49, elected officials and leaders in the pri- rail carriers have manipulated the sys- United States Code, is amended— vate sector alike, and to consolidate tem to charge their so-called ‘‘captive’’ (1) in subsection (a)— operations and power to the detriment customers as much as they chose to (A) by striking ‘‘The authority’’ in the charge, not what the market would first sentence and inserting ‘‘Except as pro- of the consumer. vided in sections 4 (15 U.S.C. 15), 4C (15 U.S.C. The Railroad Antitrust Enforcement normally bear. 15c), section 15 (15 U.S.C. 25), and section 16 Act would benefit businesses, employ- Specifically, the Railroad Antitrust (15 U.S.C. 26) of the Clayton Act (15 U.S.C. ees, and consumers by providing mean- Enforcement Act will alter exemptions 21(a)), the authority’’; and ingful government oversight where in current law to allow for the fol- (B) by striking ‘‘is exempt from the anti- none exists currently. It will give our lowing: Permit the Justice Department trust laws and from all other law,’’ in the Nation’s shippers—long captive to mo- and the Federal Trade Commission third sentence and inserting ‘‘is exempt from nopoly abuses courts were powerless to (FTC) to review mergers under the all other law (except the antitrust laws re- check, the Surface Transportation Clayton and Sherman Acts, and allow ferred to in subsection (c)),’’; and them to bring legal action to block (2) by adding at the end the following: Board was unwilling to acknowledge— ‘‘(c) APPLICATION OF ANTITRUST LAWS.— remedies that will make for a more anti-anticompetitive railroad mergers. ‘‘(1) IN GENERAL.—Nothing in this section open and competitive freight rail mar- Remove antitrust exemptions that exempts a transaction described in sub- ketplace. have allowed railroads to merge, ac- section (a) from the application of the Sher- In my home State of West Virginia quire new properties, set rates collec- man Act (15 U.S.C. 1 et seq.), the Clayton Act and in towns all across the country, tively, and otherwise coordinate poli- (15 U.S.C. 12, 14 et seq.), the Federal Trade companies and consumers are nega- cies across the entire freight rail mar- Commission Act (15 U.S.C. 41 et seq.), section tively impacted by lack of competitive ket. Allow State Attorneys-General 73 or 74 of the Wilson Tariff Act (15 U.S.C. 8– 9), or the Act of June 19, 1936 (15 U.S.C. 13, rail transportation options—a phe- and other private parties to sue for tre- 13a, 13b, 21a). nomenon often referred as a shipper ble damages for violations of antitrust ‘‘(2) ANTITRUST ANALYSIS TO CONSIDER IM- being ‘‘captive’’ to one railroad. Be- laws, including for collusive activity PACT.—In reviewing any such transaction for cause the antitrust exemptions in place leading to excessive and unreasonable

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Allow State Attorneys General eral employees enjoy the ability to ‘‘(B) TRICARE PREMIUMS.—Nothing in this and private parties to sue for court or- choose among a wide variety of health section shall prevent the benefits of this sec- ders to halt anticompetitive conduct. plans to best suit their needs, substan- tion from being allowed to an individual re- Expand the jurisdiction of the FTC to tial increases in FEHBP premiums ceiving retired or retainer pay by reason of being a member or former member of the allow it to enforce antitrust law in the threaten to make health insurance cov- uniformed services of the United States with railroad industry. erage cost prohibitive for many Fed- respect to a choice between such pay and By granting consumers and shippers eral employees, their dependents, and benefits under the health benefits programs long-denied access to the protections of Federal retirees. established by chapter 55 of title 10, United our antitrust laws with regard to the In response to these cost increases, a States Code.’’. freight rail industry, the Railroad Presidential directive issued in 2000 ex- (b) EFFECTIVE DATE.—The amendment Antitrust Enforcement Act may make tended premium conversion to current made by this section shall apply to taxable years beginning after the date of the enact- strides toward creating the competi- Federal employees who participate in ment of this Act. tive freight rail marketplace envi- the Federal Employees Health Benefits SEC. 2. DEDUCTION FOR TRICARE SUPPLE- sioned by Congress when it passed the Program. Premium conversion allows MENTAL PREMIUMS. Staggers Act in 1980. I hope so. How- individuals to pay their health insur- (a) IN GENERAL.—Part VII of subchapter B ever, because I believe rail customers ance premiums with pre-tax dollars. It of chapter 1 of the Internal Revenue Code of and retail consumers need greater pro- is a benefit already available to many 1986 (relating to additional itemized deduc- tection still, along with some of my co- private sector employees and State and tions for individuals) is amended by redesig- nating section 224 as section 225 and by in- sponsors today and others, later this local government employees. While serting after section 223 the following new month I will be introducing additional, premium conversion does not directly section: broader rail policy legislation to de- affect the amount of the FEHBP pre- ‘‘SEC. 224. TRICARE SUPPLEMENTAL PREMIUMS clare the rights shippers were meant to mium, it helps to offset some of the OR ENROLLMENT FEES. have, and the responsibilities railroads cost by reducing an individual’s Fed- ‘‘(a) ALLOWANCE OF DEDUCTION.—In the were meant to have, when Congress eral tax liability. Regrettably, our re- case of an individual, there shall be allowed passed the Staggers Act. tired civil servants, who pay the same as a deduction the amounts paid during the taxable year by the taxpayer for insurance For the system to work, there must premiums as Federal employees, do not purchased as supplemental coverage to the be a meaningful way to seek redress of have this same opportunity. health benefits programs established by grievances and punish wrongdoing. The Extending this benefit to Federal re- chapter 55 of title 10, United States Code, for Railroad Antitrust Enforcement Act tirees requires a change in the tax law, the taxpayer and the taxpayer’s spouse and will go a long way toward correcting specifically Section 125 of the Internal dependents. some of the glaring problems those of Revenue Code. This legislation makes ‘‘(b) COORDINATION WITH MEDICAL DEDUC- us who pay attention to the rail mar- the necessary change in the tax code. TION.—Any amount allowed as a deduction under subsection (a) shall not be taken into ketplace have known about for a long Under the legislation, the benefit is account in computing the amount allowable time. It will not fix all the problems in concurrently afforded to our Nation’s to the taxpayer as a deduction under section the system, but perhaps its provisions military retirees to assist them with 213(a).’’. will encourage railroads to negotiate increasing health care costs. (b) DEDUCTION ALLOWED WHETHER OR NOT with their customers in good faith. The A number of organizations rep- INDIVIDUAL ITEMIZES OTHER DEDUCTIONS.— lack of fairness in the current system resenting Federal and military retir- Subsection (a) of section 62 of the Internal ees, including the National Association Revenue Code of 1986 (defining adjusted gross is devastating to businesses in my income) is amended by redesignating para- state of West Virginia, and to compa- of Retired Federal Employees and the graph (19) (as added by section 703(a) of the nies and consumers in every part of the Military Coalition, have come out American Jobs Creation Act of 2004) as para- country. strongly in support of this bill. graph (20) and by inserting after paragraph I again express my support for the My support for this legislation spans (20) (as so redesignated) the following new Railroad Antitrust Enforcement Act of four Congresses. In the 109th Congress, paragraph: 2007, and I urge my colleagues to do the my premium conversion bill received ‘‘(21) TRICARE SUPPLEMENTAL PREMIUMS same. This is a problem that affects considerable bipartisan support with 64 OR ENROLLMENT FEES.—The deduction al- cosponsors. It is my sincere hope that lowed by section 224.’’. rural America and urban America, the (c) CLERICAL AMENDMENT.—The table of Grain Belt and the Coalfields, and all this legislation will be passed by Con- sections for part VII of subchapter B of chap- points on the compass. Indeed, no gress this session. I encourage my col- ter 1 of the Internal Revenue Code of 1986 is American consumer is unaffected by leagues to join me in supporting this amended by striking the last item and in- this problem, and all American con- critical legislation and to show their serting the following new items: sumers should take heart: If we enact support for our Nation’s dedicated Fed- ‘‘Sec. 224. TRICARE supplemental premiums this bill, help will be on the way. eral civilian and military retirees. I or enrollment fees. ask unanimous consent that the text of ‘‘Sec. 225. Cross reference.’’. By Mr. WARNER (for himself, the bill be printed in the RECORD. (d) EFFECTIVE DATE.—The amendments Mr. ROCKEFELLER, Ms. SNOWE, There being no objection, the text of made by this section shall apply to taxable years beginning after the date of the enact- Ms. COLLINS, Mr. LOTT, and Mr. the bill was ordered to be printed in ment of this Act. SUNUNU): the RECORD, as follows: S. 773. A bill to amend the Internal SEC. 3. IMPLEMENTATION. S. 773 (a) FEHBP PREMIUM CONVERSION OPTION Revenue Code of 1986 to allow Federal Be it enacted by the Senate and House of Rep- FOR FEDERAL CIVILIAN RETIREES.—The Direc- civilian and military retirees to pay resentatives of the United States of America in tor of the Office of Personnel Management health insurance premiums on a pretax Congress assembled, shall take such actions as the Director con- basis and to allow a deduction for SECTION 1. PRETAX PAYMENT OF HEALTH IN- siders necessary so that the option made pos- TRICARE supplemental premiums; to SURANCE PREMIUMS BY FEDERAL sible by section 125(g)(5)(A) of the Internal the Committee on Finance. CIVILIAN AND MILITARY RETIREES. Revenue Code of 1986 shall be offered begin- Mr. WARNER. Mr. President, I rise (a) IN GENERAL.—Subsection (g) of section ning with the first open enrollment period, 125 of the Internal Revenue Code of 1986 (re- afforded under section 8905(g)(1) of title 5, today to introduce legislation to pro- lating to cafeteria plans) is amended by add- United States Code, which begins not less vide some relief for our Nation’s re- ing at the end the following new paragraph: than 90 days after the date of the enactment tired Federal employees from the se- ‘‘(5) HEALTH INSURANCE PREMIUMS OF FED- of this Act. vere increases in Federal Employee ERAL CIVILIAN AND MILITARY RETIREES.— (b) TRICARE PREMIUM CONVERSION OPTION Health Benefit program (FEHBP) pre- ‘‘(A) FEHBP PREMIUMS.—Nothing in this FOR MILITARY RETIREES.—The Secretary of miums. This measure extends premium section shall prevent the benefits of this sec- Defense, after consulting with the other ad- conversion to Federal and military re- tion from being allowed to an annuitant, as ministering Secretaries (as specified in sec- tirees, allowing them to pay their defined in paragraph (3) of section 8901, title tion 1073 of title 10, United States Code), 5, United States Code, with respect to a shall take such actions as the Secretary con- health insurance premiums with pre- choice between the annuity or compensation siders necessary so that the option made pos- tax dollars. referred to in such paragraph and benefits sible by section 125(g)(5)(B) of the Internal Access to affordable health care is a under the health benefits program estab- Revenue Code of 1986 shall be offered begin- critical issue for everyone. While Fed- lished by chapter 89 of such title 5. ning with the first open enrollment period

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2711 afforded under health benefits programs es- (B) the alien has been a person of good graph (1), the Secretary of Homeland Secu- tablished under chapter 55 of such title, moral character since the time of applica- rity shall publish final regulations imple- which begins not less than 90 days after the tion; menting this section. date of the enactment of this Act. (C) the alien— (f) REMOVAL OF ALIEN.—The Secretary of (i) is not inadmissible under paragraph (2), Homeland Security may not remove any By Mr. DURBIN (for himself, Mr. (3), (6)(E), or (10)(C) of section 212(a) of the alien who has a pending application for con- HAGEL, Mr. LUGAR, Mr. KEN- Immigration and Nationality Act (8 U.S.C. ditional status under this Act. NEDY, Mr. CRAIG, Mr. LEAHY, 1182(a)); and SEC. 5. CONDITIONAL PERMANENT RESIDENT STATUS. Mr. MCCAIN, Mr. LIEBERMAN, (ii) is not deportable under paragraph (1)(E), (2), or (4) of section 237(a) of the Immi- (a) IN GENERAL.— Mr. CRAPO, Mr. OBAMA, and Mr. gration and Nationality Act (8 U.S.C. (1) CONDITIONAL BASIS FOR STATUS.—Not- FEINGOLD): 1227(a)); withstanding any other provision of law, and S. 774. A bill to amend the Illegal Im- (D) the alien, at the time of application, except as provided in section 6, an alien migration Reform and Immigrant Re- has been admitted to an institution of higher whose status has been adjusted under section sponsibility Act of 1996 to permit education in the United States, or has 4 to that of an alien lawfully admitted for States to determine State residency for earned a high school diploma or obtained a permanent residence shall be considered to higher education purposes and to au- general education development certificate in have obtained such status on a conditional basis subject to the provisions of this sec- thorize the cancellation of removal and the United States; and (E) the alien has never been under a final tion. Such conditional permanent resident adjustment of status of certain alien status shall be valid for a period of 6 years, students who are long-term United administrative or judicial order of exclusion, deportation, or removal, unless the alien— subject to termination under subsection (b). (2) NOTICE OF REQUIREMENTS.— States residents and who entered the (i) has remained in the United States under (A) AT TIME OF OBTAINING PERMANENT RESI- United States as children, and for color of law after such order was issued; or DENCE.—At the time an alien obtains perma- other purposes; to the Committee on (ii) received the order before attaining the nent resident status on a conditional basis the Judiciary. age of 16 years. under paragraph (1), the Secretary of Home- Mr. DURBIN. Mr. President, I ask (2) WAIVER.—Notwithstanding paragraph land Security shall provide for notice to the (1), the Secretary of Homeland Security may unanimous consent that the text of the alien regarding the provisions of this section waive the ground of ineligibility under sec- bill be printed in the RECORD. and the requirements of subsection (c) to tion 212(a)(6)(E) of the Immigration and Na- There being no objection, the text of have the conditional basis of such status re- tionality Act and the ground of deportability the bill was ordered to be printed in moved. under paragraph (1)(E) of section 237(a) of (B) EFFECT OF FAILURE TO PROVIDE NO- the RECORD, as follows: that Act for humanitarian purposes or fam- TICE.—The failure of the Secretary of Home- S. 774 ily unity or when it is otherwise in the pub- land Security to provide a notice under this Be it enacted by the Senate and House of Rep- lic interest. paragraph— resentatives of the United States of America in (3) PROCEDURES.—The Secretary of Home- (i) shall not affect the enforcement of the Congress assembled, land Security shall provide a procedure by provisions of this Act with respect to the SECTION 1. SHORT TITLE. regulation allowing eligible individuals to alien; and This Act may be cited as the ‘‘Develop- apply affirmatively for the relief available (ii) shall not give rise to any private right ment, Relief, and Education for Alien Minors under this subsection without being placed of action by the alien. Act of 2007’’ or the ‘‘DREAM Act of 2007’’. in removal proceedings. (b) TERMINATION OF STATUS.— (b) TERMINATION OF CONTINUOUS PERIOD.— SEC. 2. DEFINITIONS. (1) IN GENERAL.—The Secretary of Home- For purposes of this section, any period of In this Act: land Security shall terminate the condi- continuous residence or continuous physical (1) INSTITUTION OF HIGHER EDUCATION.—The tional permanent resident status of any presence in the United States of an alien who term ‘‘institution of higher education’’ has alien who obtained such status under this the meaning given that term in section 101 of applies for cancellation of removal under this section shall not terminate when the Act, if the Secretary determines that the the Higher Education Act of 1965 (20 U.S.C. alien— 1001). alien is served a notice to appear under sec- tion 239(a) of the Immigration and Nation- (A) ceases to meet the requirements of sub- (2) UNIFORMED SERVICES.—The term ‘‘uni- paragraph (B) or (C) of section 4(a)(1); formed services’’ has the meaning given that ality Act (8 U.S.C. 1229(a)). (c) TREATMENT OF CERTAIN BREAKS IN (B) has become a public charge; or term in section 101(a) of title 10, United PRESENCE.— (C) has received a dishonorable or other States Code. (1) IN GENERAL.—An alien shall be consid- than honorable discharge from the uni- SEC. 3. RESTORATION OF STATE OPTION TO DE- ered to have failed to maintain continuous formed services. TERMINE RESIDENCY FOR PUR- (2) RETURN TO PREVIOUS IMMIGRATION STA- POSES OF HIGHER EDUCATION BEN- physical presence in the United States under EFITS. subsection (a) if the alien has departed from TUS.—Any alien whose conditional perma- nent resident status is terminated under (a) IN GENERAL.—Section 505 of the Illegal the United States for any period in excess of Immigration Reform and Immigrant Respon- 90 days or for any periods in the aggregate paragraph (1) shall return to the immigra- sibility Act of 1996 (8 U.S.C. 1623) is repealed. exceeding 180 days. tion status the alien had immediately prior (b) EFFECTIVE DATE.—The repeal under (2) EXTENSIONS FOR EXCEPTIONAL CIR- to receiving conditional permanent resident subsection (a) shall take effect as if included CUMSTANCES.—The Secretary of Homeland status under this Act. in the enactment of the Illegal Immigration Security may extend the time periods de- (c) REQUIREMENTS OF TIMELY PETITION FOR Reform and Immigrant Responsibility Act of scribed in paragraph (1) if the alien dem- REMOVAL OF CONDITION.— 1996 (division C of Public Law 104–208; 110 onstrates that the failure to timely return to (1) IN GENERAL.—In order for the condi- Stat. 3009–546). the United States was due to exceptional cir- tional basis of permanent resident status ob- tained by an alien under subsection (a) to be SEC. 4. CANCELLATION OF REMOVAL AND AD- cumstances. The exceptional circumstances JUSTMENT OF STATUS OF CERTAIN determined sufficient to justify an extension removed, the alien must file with the Sec- LONG-TERM RESIDENTS WHO EN- should be no less compelling than serious ill- retary of Homeland Security, in accordance TERED THE UNITED STATES AS ness of the alien, or death or serious illness with paragraph (3), a petition which requests CHILDREN. of a parent, grandparent, sibling, or child. the removal of such conditional basis and (a) SPECIAL RULE FOR CERTAIN LONG-TERM (d) EXEMPTION FROM NUMERICAL LIMITA- which provides, under penalty of perjury, the RESIDENTS WHO ENTERED THE UNITED STATES TIONS.—Nothing in this section may be con- facts and information so that the Secretary AS CHILDREN.— strued to apply a numerical limitation on may make the determination described in (1) IN GENERAL.—Notwithstanding any the number of aliens who may be eligible for paragraph (2)(A). other provision of law and except as other- cancellation of removal or adjustment of (2) ADJUDICATION OF PETITION TO REMOVE wise provided in this Act, the Secretary of status under this section. CONDITION.— Homeland Security may cancel removal of, (e) REGULATIONS.— (A) IN GENERAL.—If a petition is filed in ac- and adjust to the status of an alien lawfully (1) PROPOSED REGULATIONS.—Not later than cordance with paragraph (1) for an alien, the admitted for permanent residence, subject to 180 days after the date of enactment of this Secretary of Homeland Security shall make the conditional basis described in section 5, Act, the Secretary of Homeland Security a determination as to whether the alien an alien who is inadmissible or deportable shall publish proposed regulations imple- meets the requirements set out in subpara- from the United States, if the alien dem- menting this section. Such regulations shall graphs (A) through (E) of subsection (d)(1). onstrates that— be effective immediately on an interim basis, (B) REMOVAL OF CONDITIONAL BASIS IF FA- (A) the alien has been physically present in but are subject to change and revision after VORABLE DETERMINATION.—If the Secretary the United States for a continuous period of public notice and opportunity for a period determines that the alien meets such re- not less than 5 years immediately preceding for public comment. quirements, the Secretary shall notify the the date of enactment of this Act, and had (2) INTERIM, FINAL REGULATIONS.—Within a alien of such determination and immediately not yet reached the age of 16 years at the reasonable time after publication of the in- remove the conditional basis of the status of time of initial entry; terim regulations in accordance with para- the alien.

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(C) TERMINATION IF ADVERSE DETERMINA- manent resident on a conditional basis under (3) permit anyone other than an officer or TION.—If the Secretary determines that the this section, the alien shall be considered to employee of the United States Government alien does not meet such requirements, the have been admitted as an alien lawfully ad- or, in the case of applications filed under Secretary shall notify the alien of such de- mitted for permanent residence and to be in this Act with a designated entity, that des- termination and terminate the conditional the United States as an alien lawfully admit- ignated entity, to examine applications filed permanent resident status of the alien as of ted to the United States for permanent resi- under this Act. the date of the determination. dence. However, the conditional basis must (b) REQUIRED DISCLOSURE.—The Attorney (3) TIME TO FILE PETITION.—An alien may be removed before the alien may apply for General or the Secretary of Homeland Secu- petition to remove the conditional basis to naturalization. rity shall provide the information furnished lawful resident status during the period be- SEC. 6. RETROACTIVE BENEFITS UNDER THIS under this section, and any other informa- ginning 180 days before and ending 2 years ACT. tion derived from such furnished informa- after either the date that is 6 years after the If, on the date of enactment of this Act, an tion, to— date of the granting of conditional perma- alien has satisfied all the requirements of (1) a duly recognized law enforcement enti- nent resident status or any other expiration subparagraphs (A) through (E) of section ty in connection with an investigation or date of the conditional permanent resident 4(a)(1) and section 5(d)(1)(D), the Secretary of prosecution of an offense described in para- status as extended by the Secretary of Homeland Security may adjust the status of graph (2) or (3) of section 212(a) of the Immi- Homeland Security in accordance with this the alien to that of a conditional resident in gration and Nationality Act (8 U.S.C. Act. The alien shall be deemed in conditional accordance with section 4. The alien may pe- 1182(a)), when such information is requested permanent resident status in the United tition for removal of such condition at the in writing by such entity; or States during the period in which the peti- end of the conditional residence period in ac- (2) an official coroner for purposes of af- tion is pending. cordance with section 5(c) if the alien has firmatively identifying a deceased individual (d) DETAILS OF PETITION.— met the requirements of subparagraphs (A), (whether or not such individual is deceased (1) CONTENTS OF PETITION.—Each petition (B), and (C) of section 5(d)(1) during the en- as a result of a crime). for an alien under subsection (c)(1) shall con- tire period of conditional residence. (c) PENALTY.—Whoever knowingly uses, tain information to permit the Secretary of SEC. 7. EXCLUSIVE JURISDICTION. publishes, or permits information to be ex- Homeland Security to determine whether (a) IN GENERAL.—The Secretary of Home- amined in violation of this section shall be each of the following requirements is met: land Security shall have exclusive jurisdic- fined not more than $10,000. (A) The alien has demonstrated good moral tion to determine eligibility for relief under SEC. 10. EXPEDITED PROCESSING OF APPLICA- character during the entire period the alien this Act, except where the alien has been TIONS; PROHIBITION ON FEES. has been a conditional permanent resident. placed into deportation, exclusion, or re- Regulations promulgated under this Act (B) The alien is in compliance with section moval proceedings either prior to or after fil- shall provide that applications under this 4(a)(1)(C). ing an application for relief under this Act, Act will be considered on an expedited basis (C) The alien has not abandoned the alien’s in which case the Attorney General shall and without a requirement for the payment residence in the United States. The Sec- have exclusive jurisdiction and shall assume by the applicant of any additional fee for retary shall presume that the alien has aban- all the powers and duties of the Secretary such expedited processing. doned such residence if the alien is absent until proceedings are terminated, or if a SEC. 11. HIGHER EDUCATION ASSISTANCE. from the United States for more than 365 final order of deportation, exclusion, or re- Notwithstanding any provision of the days, in the aggregate, during the period of moval is entered the Secretary shall resume Higher Education Act of 1965 (20 U.S.C. 1001 conditional residence, unless the alien dem- all powers and duties delegated to the Sec- et seq.), with respect to assistance provided onstrates that alien has not abandoned the retary under this Act. under title IV of the Higher Education Act of alien’s residence. An alien who is absent (b) STAY OF REMOVAL OF CERTAIN ALIENS 1965 (20 U.S.C. 1070 et seq.), an alien who ad- from the United States due to active service ENROLLED IN PRIMARY OR SECONDARY justs status to that of a lawful permanent in the uniformed services has not abandoned SCHOOL.—The Attorney General shall stay resident under this Act shall be eligible only the alien’s residence in the United States the removal proceedings of any alien who— for the following assistance under such title: during the period of such service. (1) meets all the requirements of subpara- (1) Student loans under parts B, D, and E of (D) The alien has completed at least 1 of graphs (A), (B), (C), and (E) of section 4(a)(1); such title IV (20 U.S.C. 1071 et seq., 1087a et the following: (2) is at least 12 years of age; and seq., 1087aa et seq.), subject to the require- (i) The alien has acquired a degree from an (3) is enrolled full time in a primary or sec- ments of such parts. institution of higher education in the United ondary school. (2) Federal work-study programs under (c) EMPLOYMENT.—An alien whose removal States or has completed at least 2 years, in part C of such title IV (42 U.S.C. 2751 et seq.), is stayed pursuant to subsection (b) may be good standing, in a program for a bachelor’s subject to the requirements of such part. engaged in employment in the United States degree or higher degree in the United States. (3) Services under such title IV (20 U.S.C. consistent with the Fair Labor Standards (ii) The alien has served in the uniformed 1070 et seq.), subject to the requirements for Act (29 U.S.C. 201 et seq.) and State and local services for at least 2 years and, if dis- such services. charged, has received an honorable dis- laws governing minimum age for employ- SEC. 12. GAO REPORT. charge. ment. Not later than seven years after the date of (E) The alien has provided a list of each (d) LIFT OF STAY.—The Attorney General enactment of this Act, the Comptroller Gen- secondary school (as that term is defined in shall lift the stay granted pursuant to sub- eral of the United States shall submit a re- section 9101 of the Elementary and Sec- section (b) if the alien— port to the Committee on the Judiciary of ondary Education Act of 1965 (20 U.S.C. 7801)) (1) is no longer enrolled in a primary or the Senate and the Committee on the Judici- that the alien attended in the United States. secondary school; or ary of the House of Representatives setting (2) HARDSHIP EXCEPTION.— (2) ceases to meet the requirements of sub- forth— (A) IN GENERAL.—The Secretary of Home- section (b)(1). (1) the number of aliens who were eligible land Security may, in the Secretary’s discre- SEC. 8. PENALTIES FOR FALSE STATEMENTS IN for cancellation of removal and adjustment tion, remove the conditional status of an APPLICATION. of status under section 4(a); alien if the alien— Whoever files an application for relief (2) the number of aliens who applied for ad- (i) satisfies the requirements of subpara- under this Act and willfully and knowingly justment of status under section 4(a); graphs (A), (B), and (C) of paragraph (1); falsifies, misrepresents, or conceals a mate- (3) the number of aliens who were granted (ii) demonstrates compelling cir- rial fact or makes any false or fraudulent adjustment of status under section 4(a); and cumstances for the inability to complete the statement or representation, or makes or (4) the number of aliens whose conditional requirements described in paragraph (1)(D); uses any false writing or document knowing permanent resident status was removed and the same to contain any false or fraudulent under section 5. (iii) demonstrates that the alien’s removal statement or entry, shall be fined in accord- ance with title 18, United States Code, or im- from the United States would result in ex- By Mr. CARPER (for himself, Mr. ceptional and extremely unusual hardship to prisoned not more than 5 years, or both. the alien or the alien’s spouse, parent, or SEC. 9. CONFIDENTIALITY OF INFORMATION. VOINOVICH, Mrs. CLINTON, and child who is a citizen or a lawful permanent (a) PROHIBITION.—Except as provided in Mr. COLEMAN): resident of the United States. subsection (b), no officer or employee of the S. 775. A bill to establish a National (B) EXTENSION.—Upon a showing of good United States may— Commission on the Infrastructure of cause, the Secretary of Homeland Security (1) use the information furnished by the the United States; to the Committee may extend the period of conditional resi- applicant pursuant to an application filed on Environment and Public Works. dent status for the purpose of completing the under this Act to initiate removal pro- Mr. CARPER. Mr. President, today I ceedings against any persons identified in requirements described in paragraph (1)(D). join my good friend, Sen. GEORGE (e) TREATMENT OF PERIOD FOR PURPOSES OF the application; VOINOVICH, in introducing a bill to NATURALIZATION.—For purposes of title III of (2) make any publication whereby the in- the Immigration and Nationality Act (8 formation furnished by any particular indi- study the current state and future U.S.C. 1401 et seq.), in the case of an alien vidual pursuant to an application under this needs of our national infrastructure, who is in the United States as a lawful per- Act can be identified; or including rail, airports, wastewater

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2713 treatment facilities, waterways and lion in drinking water infrastructure Mr. CRAIG. Mr. President, today I levees. needs over the next 20 years and $288 am reintroducing the Withholding Tax The American Society of Civil Engi- million in wastewater infrastructure Relief Act of 2007, which would repeal neers estimates that $1.6 trillion is needs. Section 511 of the Tax Increase Preven- needed over a five-year period to bring Understanding the problem and plot- tion and Reconciliation Act of 2005. the Nation’s infrastructure to a good ting a plan of attack are essential for Last year, Congress answered Ameri- condition. Clearly, we need to look at attracting and maintaining business cans’ calls for tax relief when it passed our needs and find a better way to and investment in our economy and the Tax Increase Prevention and Rec- maintain the infrastructure we have, communities. The legislation we are onciliation Act of 2005. The lower taxes while meeting new demand—all in a proposing today would give the Na- on capital gains and dividends—and the way that is fiscally sustainable. tional Commission on the Infrastruc- higher alternative minimum tax ex- Last Congress, during the debate ture of the United States until Feb- emption amounts—contained in the about the surface transportation reau- ruary 15, 2009, to complete a study of legislation assisted small businesses, thorization, we discussed the problems the Nation’s infrastructure, in con- encouraged the kind of investment facing our roadways. Poor road condi- sultation with the appropriate Federal, that creates jobs and makes our econ- tions cost U.S. motorists $54 billion per State and local agencies as well as pri- omy grow, and ensured fairer tax treat- year in repairs and operating costs and vate sector stakeholders. The Commis- ment for middle-income families who 3.5 billion hours a year in traffic. Over sion would study the age and condition would otherwise be left picking up the 27 percent of the Nation’s bridges are of public infrastructure, the capacity bill for a tax intended for the wealthy. structurally deficient or functionally to sustain current and anticipated eco- Alongside these essential tax relief obsolete. While transit use increased nomic development, the methods used provisions, however, conferees quietly faster than any other mode of trans- to finance public infrastructure, and inserted Section 511, a last-minute $7 billion tax penalty on government con- portation—up 21 percent—between 1993 the return to the economy from public tractors, into the bill. Thus, the bill, and 2002, the Federal Transit Adminis- works investment. whose aim was ‘‘tax increase preven- tration estimates $14.8 billion is needed Many times, when we debate infra- tion,’’ actually raised taxes. On the annually to maintain conditions. structure needs, people simply call for In Delaware, while population growth additional funds. Unfortunately, the same day the President signed the Tax grew a robust 23 percent from 1990 to taxpayer is losing confidence in the Increase Prevention and Reconciliation Act into law, I introduced the With- 2003, vehicle travel on our highways in- way we invest their tax dollars. Fail- holding Tax Relief Act of 2006 and creased 38 percent. And driving on ures, like the floodwalls in New Orle- made good on my promise to work to roads in need of repair cost Delaware ans, harm confidence in the govern- repeal Section 511. Today, I am renew- motorists $160 million a year in extra ment’s ability to protect communities ing that promise. vehicle repairs and operating costs. To from natural disasters. The fact that we’ve made no changes to the Corps’ Section 511—the largest revenue-rais- take a look at what must be done to er by far in the Tax Increase Preven- maintain our highways and transit as flood control program in the wake of that catastrophic failure has further tion and Reconciliation Act—imposes a well as address future needs, and ways sweeping new 3 percent tax with- to pay for all of that, Congress created damaged government credibility. Increasing traffic in spite of the in- holding on all government payments a commission to study these issues in vestment of billions of dollars every for products and services made by the SAFETEA–LU and report back to Con- year in highways and bridges reduces Federal Government, State govern- gress with recommendations. ments, and local governments with ex- But there are more types of infra- confidence in government’s ability to address traffic congestion. Failure to penditures of $100 million or more. It structure in need of attention than just affects payments for goods and services highways and transit. Air travel has re- invest in rail while both freight usage and passenger ridership is at all time under government contracts and pay- portedly surpassed pre-September 11, highs makes the taxpayer doubt that ments to any person for a service or 2001, levels and is projected to grow 4.3 government is spending their tax dol- product provided to a government enti- percent annually through 2015. Aging lars according to the needs of the peo- ty—for example, Medicare and certain wastewater management systems dis- ple. grants—beginning in 2011. charge billions of gallons of untreated Part of the solution is, likely, great- Section 511 will not close the tax sewage into U.S. surface waters each er funding. But the American people gap—or the difference between what year. And the EPA estimates that $390 need to be confident in the products we American taxpayers owe and what they billion over the next 20 years will be provide before they are going to sign a actually pay—as proponents of the pro- needed to replace existing systems and check for more funding. That is why vision argue. Section 511 is estimated build new ones to meet increasing de- the Commission will study innovative to ‘‘increase’’ revenue by $7 billion mands. financing, such as tax-credit bonds and from 2011 to 2015, but raises $6 billion of Further, limited rail capacity has private investment. But also, the Com- that amount due solely to accelerated created significant chokepoints and mission will study the impact of State tax receipts and not an actual revenue delays, as freight rail tonnage is ex- and local governments’ land use and increase from tax compliance. It gen- pected to increase at least 50 percent economic development decisions on erates only $215 million in 2012 and in- by 2020 and intercity passenger rail rid- Federal infrastructure costs, and pro- creases slightly in each of the three ership has increased to approximately vide Congress with some insight as to years thereafter hardly the $290 billion 25 million a year. To accommodate how the various levels of government annual tax gap the IRS estimates. Fur- both freight and passenger rail de- can better coordinate to gain greater ther, Section 511 is based on revenues mand, $12–13 billion a year in invest- efficiencies from our infrastructure in- from government payments with no re- ments will be needed. vestment. lationship to a company’s taxable in- After Hurricane Katrina led to the Stronger coordination, greater in- come or tax liability. Section 511 hurts failure of floodwalls in New Orleans, vestment and creativity are the keys honest taxpaying businesses without Congress asked the Corps of Engineers to maintaining our infrastructure and providing any additional enforcement to inspect other flood control struc- investing in future needs—as well as a mechanisms for tax delinquents. tures to identify other repair needs. healthy and robust economy. I look Section 511’s costs to businesses are The Corps found that 146 levees in 28 forward to guidance from this Commis- substantial. Although proponents of States, Puerto Rico and the District of sion as to how Congress can better do Section 511 call the 3 percent with- Columbia are in danger of failing. just that. holding rate ‘‘low’’ and ‘‘conservative,’’ In Delaware, vehicle travel on our in most cases, businesses make sub- highways has increased 38 percent from By Mr. CRAIG: stantially less than 3 percent profit on 1990 to 2003, costing Delaware motor- S. 777. A bill to repeal the imposition their contracts and sometimes, turn no ists $160 million a year in extra vehicle of withholding on certain payments profit at all. Section 511 will effec- repairs and operating costs—$273 per made to vendors by government enti- tively withhold entire paychecks—in- motorist. Delaware also has $304 mil- ties; to the Committee on Finance. terest free—thereby impeding the cash

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2714 CONGRESSIONAL RECORD — SENATE March 6, 2007 flow of small businesses, eliminating for Expanded Learning and After- chiefs, sheriffs and prosecutors over- funds that can be used for reinvest- School Act to tap the idealism, energy, whelmingly agree that investing in ment in the business, and forcing com- and talent of 2-year and 4-year college after-school programs is more effective panies to pass on the added costs to graduates to serve as teaching fellows in reducing youth violence and crime customers or finance the additional in our Nation’s highest need schools. than hiring more police officers or stiff amount. The Act will establish a new cadre of penalties. Diverting less than one per- Section 511 will also impose signifi- talented leaders to establish, expand or cent of at-risk youth from a life of cant administrative costs on the Fed- improve expanded learning initiatives, crime would save society several times eral, State, and local governments— 21st century community learning cen- the cost of the after-school programs. costs so high, in fact, that the Congres- ter programs and after-school pro- It is time for a new learning day to sional Budget Office (CBO) said the grams. These programs will build es- dawn in our country. Our communities provision constitutes an unfunded sential academic and youth develop- and our citizens need to waken to clear mandate on the state and local govern- ment skills for all students in targeted call for involvement and investment in ments. The projected costs of Section grade levels in expanded-day programs. this aspect of public education. 511, says CBO, will far exceed the al- They will also assist teachers during The Teaching Fellows for Expanded lowable $50 million annual threshold. the school day in linking the school Learning and After-School Act draws More than the costs to government, curriculum more closely with after on the impressive experience of after- though, Section 511 stands to nega- school programming. school programs and schools that have tively impact nearly every sector of As we know most Olympic athletes developed, and tested these ideas and the economy—from health care and train harder when a gold medal is in shown they can work. The Act is in- technology to building and transpor- sight. Employees work overtime when spired by the Teaching Fellowship Pro- tation—and there is already talk of ex- a business launches a breakthrough gram created by Citizen Schools, a na- panding the provision’s reach and ac- product. Communities rally to provide tional network of after-school pro- celerating its effective date. What material relief and comfort when nat- grams with a track record of signifi- there wasn’t talk of, though—at the in- ural disasters strike. When success cant impact on academic achievement. ception of Section 511—was the provi- matters most, increased effort is essen- A rigorous, long-term evaluation has sion itself. Congress never debated the tial for achieving a worthy goal, and shown that such students outperform merits of an expanded withholding re- that fundamental principle can work in their peers on six out of seven meas- quirement—as a revenue-raiser or as a education too. ures of school success. way to narrow the tax gap—in a com- The time has come for the Nation to The Act also draws on the superb mittee or on either chamber’s floor. If go the extra mile to meet our edu- work of LA’s BEST and After-School it had, Congress would have realized cation goals and ensure that all chil- All-Stars, as well as the experience and that it does neither of these things dren develop the skills they need to innovations of other schools and pro- well. Section 511 is the start of years of participate fully in our economy and in grams across the country. the civic life of their communities. If bad tax policy. We can do better than Under the Act, the Department of students are to learn more—the core this, and I urge my colleagues to join Education will make grants to partner- premise of the No Child Left Behind me in working to repeal this unfair tax ships between local education agencies Act—they must have more time to penalty. and strong community organizations, meet these expectations. I ask unanimous consent that the institutions of higher education, and Teaching Fellows recruited under text of the bill be printed in the community learning centers. These this bill will receive intensive training RECORD. partnerships will recruit and place by experienced high-quality after- There being no objection, the text of Teaching Fellows to work full-time in school programs and will serve for two the bill was ordered to be printed in high-need schools that serve low-in- years. The Act will also enable Teach- the RECORD, as follows: come students. Grants from the De- ing Fellows to pursue a bachelor’s or S. 777 partment of Education will be at least graduate degree in education, in order Be it enacted by the Senate and House of Rep- $15,000 per Fellow annually, so that re- to give communities a pipeline of lead- resentatives of the United States of America in cipients can recruit, select, train, and ers ready for future involvement in Congress assembled, support the Fellows. Fellows will also SECTION 1. SHORT TITLE. education and youth development. For the most part, reform efforts to be able to earn a national service edu- This Act may be cited as the ‘‘Withholding cation award for each term of service. Tax Relief Act of 2007’’. date have equated education reform with school reform. As a result our at- Partnerships will be required to obtain SEC. 2. REPEAL OF IMPOSITION OF WITH- non-federal matching funds to leverage HOLDING ON CERTAIN PAYMENTS tention has been focused on the 1,000 MADE TO VENDORS BY GOVERN- hours a year children are in school, the federal government’s investment MENT ENTITIES. while largely overlooking the 4,000 and to involve the private sector in ex- The amendment made by section 511 of the panding these educational opportuni- Tax Increase Prevention and Reconciliation hours a year when children are awake and out of school. ties. Act of 2005 is repealed and the Internal Rev- Expanded learning time and after- enue Code of 1986 shall be applied as if such Teachers must, of course, remain at amendment had never been enacted. the heart of our strategy to improve school programs are the new frontier of education. But they need help. We need education reform in America. Teaching By Mr. KENNEDY (for himself, to expand learning time, involve caring Fellows recruited under the Act will Mr. BURR, Mr. KERRY, and Mr. adults in the lives of children, and complement the outstanding efforts of SANDERS): make learning more relevant and en- classroom teachers and infuse new en- S. 778. A bill to amend title IV of the gaging, especially for students who are ergy, talent, and idealism in the after- Elementary and Secondary Education struggling. school sector. They will also be an es- Act of 1965 in order to authorize the The school calendar today is largely sential resource for the nation’s par- Secretary of Education to award com- a relic of the agrarian age. It fails to ents, encouraging students to under- petitive grants to eligible entities to respond to the realities that students stand their potential and helping them recruit, select, train, and support Ex- must develop new skills for modem to see the true promise of the Amer- panded Learning and After-School Fel- needs, and that in most families, par- ican Dream. lows that will strengthen expanded ents are working during many of the This bill is supported by thirty-seven learning initiatives, 21st century com- after-school hours. Fourteen million groups representing education and munity learning center programs, and children come back to empty homes after-school communities. I ask unani- after-school programs, and for other after school. Voters across party lines, mous consent that their letters of sup- purposes; to the Committee on Health, demographic groups, and geographic port be printed in the RECORD. Education, Labor, and Pensions. areas have said for 5 consecutive years There being no objection, the letters Mr. KENNEDY. Mr. President, today that they overwhelmingly support were ordered to be printed in the I am introducing the Teaching Fellows after-school programs for all. Police RECORD, as follows:

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NATIONAL COLLABORATION FOR YOUTH, afterschool programs, the T–FELAS Act will National Director, National Associa- February 16, 2007. help ensure that such programs are infused tion of Community Health Centers; Hon. EDWARD M. KENNEDY, with well-educated front-line staff who can Jacqueline Johnson, Executive Direc- Hon. RICHARD BURR, support students in activities that will en- tor, Connecticut Commission for Vol- Washington, DC. hance their development and success in unteer Services; Marsha Meeks Kelly, DEAR CHAIRMAN KENNEDY AND SENATOR school. The Fellowships and opportunities to Executive Director, Mississippi Com- BURR: The National Collaboration for Youth pursue additional education should help at- mission for Volunteer Service; Mar- is writing to express its support of the tract graduates interested in afterschool guerite Kondracke, President & CEO, Teaching Fellow for Expanded Learning and work, but who might not be able to enter the America’s Promise; Michelle Nunn, After-School (T–FELAS) Act. field without such supports. CEO, Hands On Network; Sally Prouty, T–FELAS will establish a new service Research shows that more highly-educated President, The Corps Network, Eric teacher corps and expands learning and en- and well-trained staff who understand how Schwarz, President, Citizen Schools; richment opportunities targeted towards the children develop are the key to high quality Dorothy Stoneman, President, hours after the school day ends. As a group afterschool programs. As the leading voice of YouthBuild USA; Marty Weinstein, that focuses on youth, and particularly at- the afterschool profession, representing over Chairperson, California AmeriCorps Al- risk youth, we know the need for expanded 9,000 afterschool practitioners, administra- liance. learning and positive youth development ex- tors, and policymakers, we at the National periences in the hours after school. We also AfterSchool Association applaud this cre- ILLINOIS CENTER FOR VIOLENCE know the importance of developing the next ative approach to bringing talented new PREVENTION, generation of youth workers, skilled in workers into the field. We look forward to February 15, 2007. youth development practices and viewing working with you both on this initiative and Hon. EDWARD M. KENNEDY, public service and youth work as a career, on approaches to address the larger issues of Russell Senate Office Building, and this bill will strive to do just that. overall compensation and training levels in Washington, DC. We applaud the inclusion of youth develop- the field that make long-term retention of DEAR SENATOR KENNEDY: We are writing to ment language, especially the training in staff difficult for afterschool programs. express its support of the Teaching Fellow youth development for the Fellows, and ac- Thank you again for your leadership in en- for Expanded Learning and After-School (T- knowledgment of the education youth work- suring that well-trained and supportive FELAS) Act, which will establish a new serv- ers receive through both two- and four-year adults are available to enhance the lives of ice teacher corps and expands learning and institutions of higher education that provide our young people. enrichment opportunities targeted towards accredited coursework in youth develop- Sincerely yours, the hours after the school day ends. ment. Furthermore, as part of the evaluation JUDITH N. NEE, The Illinois Center for Violence Prevention of T-FELAS programs, implementing the President and CEO. (ICVP) is a leader on the issue of out-of- interagency reach of the Federal Youth De- school time programs in the state of Illinois. velopment Council as a place to disseminate VOICES FOR NATIONAL SERVICE, We have long supported strategies to en- best practices will continue to move the field February 23, 2007. hance the quality of out-of-schoo1 time serv- forward. Hon. EDWARD M. KENNEDY, ices, since high quality programs are able to We look forward to working with your of- U.S. Senate, provide extended learning opportunities and fice and the staff of the Health, Education, Washington, DC. positive youth development experiences for Labor and Pensions Committee as this bill DEAR SENATOR KENNEDY: On behalf of our youth. ICVP coordinates the Illinois progresses towards enactment. Please do not Voices for National Service, we are writing After-school Partnership, co-chaired by our hesitate to contact us if we can be of any as- to thank you for sponsoring the Teaching state’s Department of Human Services and sistance. Fellows for Expanded Learning and After our State Board of Education. The Partner- Thank you for your leadership, and public School Act of 2007. This legislation addresses ship is working on policy and program en- service. a critical need in communities across our hancements to increase the quality and Sincerely, country and offers an exciting opportunity availability of out-of-school-time opportuni- America’s Promise—The Alliance for to expand national service. ties. The Partnership has been examining Youth, Marguerite Kondracke, Presi- The T–FELAS Act will recruit outstanding the professional development needs of the dent and CEO, American Humanics college graduates to become Teaching Fel- current and future workforce for this field, Inc., Kala M. Stroup Ph.D, President, lows and to serve in schools and after-school and is participating in a state-wide effort to Big Brothers Big Sisters of America, programs that serve low-income students. increase career pathways for youth workers. Judy Vredenburgh, President and CEO, Through their service, Teaching Fellows will The T-FELAS Act will be a valuable and Camp Fire USA, Jill Pasewalk, Presi- take their first steps along a pathway of needed tool that will help develop the next dent and CEO, Communities In service and educational leadership. These dy- generation of youth workers, versed in essen- Schools, Inc., Daniel Cardinali, Presi- namic, aspiring educators will earn Segal tial youth development skills, and who view dent, First Focus, Bruce Lesley, Presi- AmeriCorps Education Awards which will public service and youth work as a career. dent, Leadership & Renewal Outfitters, support them as they go on to careers as We applaud the inclusion of youth develop- Janet R. Wakefield, President and classroom teachers and after-school leaders. ment language, especially the training in CEO, MENTOR/National Mentoring Their experience in linking in-school and youth development for the Fellows, and ac- Partnership, Gail Manza, Executive Di- after-school learning will play a critical role knowledgment of the education youth work- rector, National 4–H Council, Donald T. in advancing academic achievement and ex- ers receive through both two- and four-year Floyd, Jr., President and CEO, Na- panding educational opportunity. institutions of higher education that provide tional Collaboration for Youth, Irv Voices for National Service is a coalition accredited coursework in youth develop- Katz, President and CEO, National Net- of national service organizations and state ment. work For Youth, Victoria Wagner, commissions from across the country that Thank you for your public service and President and CEO, Search Institute, provide direct services to communities in leadership on this issue. Please do not hesi- Peter M. Benson, Ph.D President and need, matching the talents of committed tate to contact us if we can be of any assist- CEO, Youth Service America, Steven citizens with service opportunities in ance. A. Culbertson, President and CEO. schools, community centers, senior homes, Sincerely, health clinics, and national parks and recre- DEBBIE BRETAG, NATIONAL AFTERSCHOOL ASSOCIATION, ation areas. Collectively, we reach thousands Executive Director. March 5, 2007. of Americans in need every day. We are ex- Hon. EDWARD M. KENNEDY, cited to support this important initiative AFTERSCHOOL ALLIANCE, Chairman, Senate Committee on Health, Edu- and look forward to contributing to its suc- February 16, 2007. cation, Labor and Pensions, cess. The T–FELAS Act will strengthen pub- Hon. EDWARD M. KENNEDY, Hon. RICHARD BURR, lic education, create a powerful pipeline of Chairman, Senate Committee on Health, Edu- U.S. Senate, future educational leaders, and move stu- cation, Labor and Pensions, U.S. Senate, Washington, DC. dents in schools across the country toward Washington, DC. DEAR CHAIRMAN KENNEDY AND SENATOR the American Dream of college and career Hon. RICHARD BURR, BURR: On behalf of the National AfterSchool opportunity. U.S. Senate, Washington, DC. Association, I am pleased to offer our sup- Sincerely, DEAR CHAIRMAN KENNEDY AND SENATOR port for the Teaching Fellows for Expanded Karen Baker, Executive Director, Cali- BURR: The Afterschool Alliance is very Learning and After-School (T-FELAS) Act of fornia Volunteers; Michael Brown, pleased to have the opportunity to express 2007. We appreciate your attention to, and CEO, City Year, Nelda Brown, Execu- our support for the Teaching Fellows for Ex- support for, the need for quality afterschool tive Director, National Service-Learn- panded Learning and After-School Act of programs and for attracting young profes- ing Partnership; Kyle Caldwell, Presi- 2007 (T-FELAS). This legislation will expand sionals to the field. dent & CEO, ConnectMichigan Alli- the federal government’s interest in and sup- By creating a cadre of talented young peo- ance; AnnMaura Connolly, Senior Vice port for afterschool programs that keep kids ple to serve as Fellows in expanded-day and President, City Year; Calvin George, safe, improve academic achievement, and

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support working families by investing in NEXT GENERATION YOUTH WORK ships to recent college graduates who work quality initiatives. On behalf of the advo- COALITION, in after-school and summer programs serving cates, afterschool providers, researchers and February 16, 2007. Title I students, the bill would dramatically parents that make up the Alliance network, Hon. EDWARD M. KENNEDY, enhance the quality and amount of learning thank you for your longstanding support for Russell Senate Office Building, opportunities available for disadvantaged our goal of Afterschool for All. Washington, DC. students. The program would result in a 25– Hon. RICHARD BURR, 30% increase in the time students spend en- Just as having a highly qualified teacher Russell Senate Office Building, gaged in learning and improve a wide range in the classroom leads to student success, Washington, DC. of developmental outcomes for youth. having well trained, skilled leadership in DEAR CHAIRMAN KENNEDY AND SENATOR In addition, the legislation would create a afterschool programs ensures that the pro- BURR: The Next Generation Youth Work Co- talented new group of educators who spe- grams provided contribute to children’s aca- alition is writing to express its support of cialize in motivating young people to learn demic and social development and give the Teaching Fellow for Expanded Learning outside the traditional classroom. The fel- young people the opportunities that will as- and After-School (T–FELAS) Act lows who participate in the program will sure their college and workplace readiness in T–FELAS will establish a new service provide critical linkages between the school the future. The T-FELAS program will pro- teacher corps and expand learning and en- day and after-school programs and become richment opportunities targeted towards the vide partnerships that offer afterschool pro- dynamic future leaders in the field of edu- hours after the school day ends. Both of grams, including the 21st Century Commu- cation and youth development. these are much needed improvements that Thank you so much for supporting this leg- nity Learning Centers, the chance to expand will help ensure that children and youth the quality and capacity of services offered islation and please feel free to contact me di- have the supports they need to succeed. rectly at (410) 516–6221 if we can provide any in targeted communities. It will give individ- The Next Generation Youth Work Coali- assistance to this effort. uals the financial support they need to pur- tion is a group of individuals and organiza- Sincerely, sue careers in the afterschool field and to tions dedicated to developing a strong, di- RON FAIRCHILD, put their training and talents to use serving verse after-school and youth development Executive Director, children and families that need their help workforce that is stable, prepared, supported Center for Summer Learning. most. and committed to the well-being and em- powerment of children and youth, and par- The Alliance endorses this legislation and FEBRUARY 15, 2007. ticularly at-risk youth. We know the need Hon. EDWARD M. KENNEDY, looks forward to working with you in the fu- for expanded learning and positive youth de- ture to translate our common vision of high U.S. Senate, velopment experiences in the hours after Washington, DC. quality afterschool and expanded learning school. We know the importance of devel- DEAR SENATOR KENNEDY: I am writing in opportunities for all into reality. oping the next generation of youth workers, Sincerely, support of the Teaching Fellows for Ex- skilled in youth development practices and panded Learning and After School Act of JODI GRANT, viewing public service and youth work as a Executive Director. 2007. The T–FELAS Act addresses a critical career. Our research shows that those who need for schools, communities, and working chose to work come from varied backgrounds families. but share a common belief—that they can FIRST FOCUS, It will dramatically strengthen after- make a difference. February 16, 2007. school and expanded learning time programs We applaud the inclusion of youth develop- Hon. EDWARD KENNEDY, and make them full partners in restoring the ment language, especially the training in Chairman, Senate Committee on Health, Edu- promise of educational opportunity for all youth development for the Fellows, and ac- cation, Labor and Pensions, Dirksen Senate children. knowledgment of the education youth work- Office Building, Washington, DC. Teachers in our schools are doing their ers receive through both two- and four-year Hon. RICHARD BURR, best, but America’s traditional 6–hour school institutions of higher education that provide Russell Senate Office Building, day is obsolete. Our students need more accredited coursework in youth develop- Washington, DC. learning time, more caring adults involved ment. Furthermore, as part of the evaluation in their learning, and more relevant, hands- DEAR CHAIRMAN KENNEDY AND SENATOR of T–FELAS programs, implementing the on learning activities that inspire and moti- BURR: First Focus is pleased to endorse the interagency reach of the Federal Youth De- vate them. Teaching Fellows for Expanded Learning and velopment Council as a place to disseminate After-School Act of 2007 (T-FELAS). best practices will continue to move the field At Citizen Schools, we have seen firsthand forward. the impact that Teaching Fellows can make. Quality after-school programs are critical Citizen Schools operates a national network for the nation’s young people. After-school We look forward to supporting your office and the staff of the Health, Education, Labor of after-school programs that advance stu- programs keep children safe and productive and Pensions Committee as this bill pro- dent achievement and mobilize adult volun- while their parents are at work; however, gresses towards enactment. Please do not teers to teach hands-on apprenticeship less than half of parents of 6- to 17-year-olds hesitate to contact Pam Garza if we can be courses. Our programs blend real-world say there are enough affordable afterschool of any assistance: [email protected] or learning projects with rigorous academic and programs according to a recent study con- (202) 347–2080 x15. leadership development activities, preparing ducted for America’s Promise—The Alliance Thank you for your leadership on behalf of students in the middle grades for success in for Youth. the youth in our nation. high school, college, the workforce, and civic Sincerely, life. Citizen Schools currently serves 3,000 T-FELAS will help to not only expand students and engages 2,400 volunteers in after-school opportunities for young people, KAREN PITTMAN, Co-Chair. California, Massachusetts, New Jersey, but it will also help to ensure that new and PAM GARZA, North Carolina and Texas. In Massachusetts existing after-school opportunities are of Co-Chair. our programs operate in Boston, Lowell, high quality. We appreciate the emphasis DEB CRAI, Malden, New Bedford, Worcester, and Spring- placed on positive youth development in Co-Chair. field. your legislation, as well as your inclusion of Citizen Schools works intensively with an independent evaluation and the dissemi- FEBRUARY 19, 2007. low-income students, most of whom are nation of best practices through the Federal Hon. EDWARD M. KENNEDY, struggling academically. A rigorous inde- Youth Development Council. These measures U.S. Senate, pendent evaluation has reported that Citizen will strengthen outcomes for children and Washington, DC. Schools’ students significantly out-per- help to ensure that after-school programs Hon. RICHARD BURR, formed a matched comparison group on key throughout the country benefit from the les- U.S. Senate, metrics of school success and advancement, sons learned by the Expanded Learning and Washington, DC. including grades and standardized test After-School Fellows. DEAR SENATOR KENNEDY AND SENATOR scores. BURR: On behalf of the board and staff of the The Teaching Fellowship program that First Focus is a new bipartisan advocacy Johns Hopkins University Center for Sum- Citizen Schools has piloted attracts dy- organization that seeks to make children mer Learning, it is my pleasure to express namic, aspiring educators and community and their families the first focus of federal our support for the Teaching Fellows for Ex- builders to careers in education. In the budget and policy decisions. T-FELAS is an panded Learning and After-School (T– morning our Fellows support classroom important way to do so. We are pleased to FELAS) bill. teachers and in the afternoon they serve as support your efforts and look forward to This important legislation would enhance front-line teachers and team leaders at our working with you. out-of-school time learning opportunities for after-school programs. Teaching Fellows Sincerely, young people, and provide a new mechanism also have the opportunity to earn a Master’s BRUCE LESLEY, for recruiting and retaining teachers and Degree in Education, preparing them for ca- President. staff for such programs. By offering fellow- reers as teachers and educational leaders.

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Our studies have consist- open new horizons of opportunity to them. leaders for high need schools and afterschool ently shown the value to youth of staffing Thank you so much for your leadership in in- programs. NIOST is actively involved in de- these programs with well-educated individ- troducing the T–FELAS Act. veloping increased educational opportunities uals who have four-year college degrees. Sincerely, for people who choose afterschool as their Such individuals bring an understanding of ERIC SCHWARZ, profession and is excited about how T– the learning process plus an enriched store of President and CEO. FELAS will also increase the viability of background knowledge. Because they have afterschool as a professional career. Tal- completed a college education, they under- SAVE THE CHILDREN, ented front-line educators are needed to stand its value and can communicate high Washington, DC, February 13, 2007. serve in expanded learning and after-school standards and the value of hard work to the Hon. EDWARD M. KENNEDY, environments to help students meet the youth with whom they work. Russell Senate Office Building, ever-increasing challenges of the real world. In one example, from a 2004 multi-year Washington, DC. T–FELAS will encourage and enable quali- evaluation of programs in New York City Hon. RICHARD BURR, fied people interested in teaching and after- sponsored by The After-School Corporation Russell Senate Office Building, school to spend time learning in the field (TASC), I wrote: In sites where at least 25 Washington, DC. while completing their own education. The percent of project staff had a four-year col- DEAR CHAIRMAN KENNEDY AND SENATOR funding of dynamic Teaching Fellows to ad- lege degree, participants had more positive BURR: I am writing to express Save the Chil- minister and improve expanded-day pro- changes in test scores than in TASC sites dren’s support of the Teaching Fellow for Ex- grams and to also assist teachers during the with a lower proportion of staff members panded Learning and AfterSchool (T-FELAS) school day is a great plan. Research indi- with such degrees (effect size of 0.14 in math Act, which will expand learning opportuni- cates that relationships between school and and 0.13 in reading). Staff with college de- ties outside of the school day and establish a afterschool staff can contribute to positive grees may be better able to see and to ex- new service teacher corps. academic and developmental outcomes for ploit the varied learning opportunities em- Save the Children provides literacy and youth. The Teaching Fellows have the poten- bedded within themes and topics adopted by obesity prevention programs after school and tial of playing an important role in sup- after-school projects. during the summer to children living in porting those relationships. You or your staff should call on me at any poor, often isolated, rural areas. We know The National Institute on Out-of-School time if I can be helpful with regard to this the difference these activities make in their Time looks forward to watching this bill as bill. I can be reached at (202) 939–5323 and at lives. Students in our programs are not only it progresses towards enactment. Please do [email protected]. safe during the critical hours from 3 to 6 not hesitate to contact us if we can be of any Sincerely, p.m.; they are also doing better in school. assistance. ELIZABETH R. REISNER, Evaluation results from the past three Sincerely, Principal. school years found that our literacy program ELLEN GANNETT, is improving the reading levels of regular Director, The National Institute on THE FORUM FOR YOUTH INVESTMENT, participants. Fifty-four percent of the chil- Out-of-School Time. February 19, 2007. dren participating made gains in reading Hon. EDWARD M. KENNEDY, proficiency greater than would be expected if SEARCH INSTITUTE, 317 Russell Senate Office Building they were just attending school. February 14, 2007. Washington, DC. We also know first-hand the difficulties of Senator EDWARD KENNEDY, DEAR SENATOR KENNEDY: The Forum for recruiting and retaining trained, dynamic 317 Russell Building, Youth Investment is writing to express its staff. The T-FELAS Act will assist the car- Washington, DC. support of the Teaching Fellows for Ex- ing individuals working with high-need chil- DEAR CHAIRMAN KENNEDY: I am writing to panded Learning and After-School (T– dren in rural communities improve their express my strong support for the Teaching FELAS) Act. qualifications by enabling them to pursue an Fellows for Expanded Learning and After- T–FELAS will establish a new service undergraduate or graduate level degree in School Act. This bill, fondly known as T- teacher corps and expand learning and en- education, expanding their opportunities to FELAS, is an exciting proposal that will re- richment opportunities targeted towards the in public education and youth development cruit, train and place Fellows in expanded hours after the school day ends. Both of programs. learning and after-school environments. We look forward to working with you and I am particularly gratified to see that the these are much needed improvements that the staff of the Health, Education, Labor and bill ensures that each Fellow will be pro- will help ensure that children and youth Pensions Committee as this bill progresses vided with training on the power of positive have the supports they need to succeed. towards enactment. Please do not hesitate to relationships and the value of developmental The Forum for Youth Investment is com- contact us if we can be of any assistance. assets. This is so important! Research has mitted to ensuring all young people are Sincerely, consistently shown that increased develop- Ready by 21TM—ready for college, work and MARK K. SHRIVER, mental assets promote academic success, di- life. We know the need for expanded learning Vice President and Managing Director. vert youth from risky behavior and give and positive youth development experiences young people the strengths they need to in the hours after school. We know the im- FEBRUARY 15, 2007. make positive choices in life. portance of developing the next generation DEAR BRENDA WRIGHT: I am writing in sup- I assure you that providing the Fellows of youth workers, skilled in youth develop- port of the T-Felas bill that Senators Ken- with training in positive youth development ment practices and viewing public service nedy and Burr are sponsoring. As a provider and the 40 Developmental Assets will have a and youth work as a career. Our research of high quality after school enrichment I dramatic and profound impact on their abil- shows that those who chose to work come would love to see more awareness of the op- ity to serve the youth under their care. from varied backgrounds but share a com- portunity for extended learning time and the When Fellows develop sustained, strength- mon belief—that they can make a difference. strides that organizations such as ours have based relationships with children and adoles- We applaud the inclusion of youth develop- made in the field. We have an incredible op- cents, these after-school and summer hours ment language, especially the training in portunity to truly make a positive impact on will produce all the positive outcomes we youth development for the Fellows, and ac- the lives of these students both academically hope to see from our students. knowledgment of the education youth work- and behaviorally. Again, thank you for your service and your ers receive through both two- and four-year Thank you for your support of this bill. efforts to ensure that all youth have an op- institutions of higher education that provide JERRI FATTICCI, portunity to thrive! accredited coursework in youth develop- North Carolina State Director, Best regards, ment. Furthermore, as part of the evaluation Citizen Schools. PETER BENSON, PH.D., of T–FELAS programs, implementing the President. interagency reach of the Federal Youth De- WELLESLEY CENTERS FOR WOMEN, velopment Council as a place to disseminate Wellesley, MA, Feb. 16, 2007. POLICY STUDIES ASSOCIATES, INC., best practices will continue to move the field Hon. EDWARD M. KENNEDY, Washington, DC, February 15, 2007. forward. Russell Senate Office Building, Senator EDWARD M. KENNEDY, We look forward to supporting your office Washington, DC. Chairman, HELP Committee, Hart Senate and the staff of the Health, Education, Labor Hon. RICHARD BURR, Building, Washington, DC. and Pensions Committee as this bill pro- Russell Senate Office Building, DEAR SENATOR KENNEDY: I am writing in gresses towards enactment. Please do not Washington, DC. support of your bill to amend ESEA Title II hesitate to contact Nicole Yohalem if we can DEAR SENATOR KENNEDY AND SENATOR to create the Expanded Learning and After- be of any assistance—at [email protected] BURR: The National Institute on Out-of- School Fellows program. or (202) 207–3341.

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2718 CONGRESSIONAL RECORD — SENATE March 6, 2007 Thank you for your leadership on behalf of years will be lost. Schools in timber de- My bill also authorizes the acquisi- the youth in our nation. pendant communities will lose a sub- tion, from willing sellers, of approxi- Sincerely, stantial part of their funding. These mately 821 acres of privately owned KAREN PITTMAN, school districts will have to start mak- lands which are adjacent to the park. Executive Director, Forum for Youth Investment. ing tough budget decisions such as Approximately half of this area is des- keeping or canceling after school pro- ignated as jurisdictional wetlands, By Mr. CRAIG: grams, sports programs, music pro- with limited access and no potential S. 779. A bill to reauthorize the Se- grams, and trying to determine what is for development. All of this land has cure Rural Schools and Community the basic educational needs of our chil- been included within the boundary at Self-Determination Act of 2000; to the dren. Next, counties will have to the request of the owners. This provi- Committee on Energy and Natural Re- reprioritize road maintenance so that sion was also included in the earlier sources. only the essential services of the coun- versions of this bill that were passed in Mr. CRAIG. Mr. President, I rise ty are met because that is all they will the 108th and 109th Congresses. today to introduce a one year only re- be able to afford. Lastly, allow me to explain what is authorization of the Secure Rural new about this bill: this bill also au- Schools and Community Self-Deter- By Ms. LANDRIEU: thorizes the Jean Lafitte National His- mination Act. S. 783. A bill to adjust the boundary toric Park and Preserve to acquire the For the last six years, this Act has of the Barataria Preserve Unit of the Fleming-Berthoud Plantation—pre- provided critical funding to our rural Jean Lafitte National Historical Park viously known as the Mavis Grove schools and counties and has built col- and Preserve in the State of Louisiana, Plantation. This plantation is one of laboration on the ground through the and for other purposes; to the Com- the southernmost early sugar planta- accomplishments of the Resource Advi- mittee on Energy and Natural Re- tions and surrounds a prehistoric In- sory Committees. sources. dian mound and historic cemetery on Unfortunately Congress has not been Ms. LANDRIEU. Mr. President, I the edge of the bayou, which is one of able to reauthorize P.L. 106–393 and I do come before the Senate today to re-in- the most scenic and most photographed not feel the schools and counties troduce—with some changes—a bill cemeteries around New Orleans. Re- should become victims while we in that I first introduced on April 6, 2004, cently, it was highlighted in the recent Congress negotiate a path forward. in the 108th Congress and which I re- Cabildo exhibition and book on historic Thus, I am introducing this bill introduced in the 109th Congress. This cemeteries of New Orleans. today and will work to include it in bill will transfer 3,083 acres of Federal The original plantation contained any legislation that is being considered land to the Barataria Preserve Unit of more than 10,000 acres and was a large by the Senate. the Jean Lafitte National Historical sugar plantation. After floods de- The Act has been an enormous suc- Park, and authorize the Park to pur- cess in achieving and even surpassing stroyed area sugar plantations in the chase up to 821 acres of neighboring 19th century, this was turned into one the goals of Congress. This Act has re- private lands from willing sellers. The stored programs for students in rural of the larger cypress tree lumbering lands in question contain important plantations. The Berthoud family schools and prevented the closure of freshwater wetlands, and would allow numerous isolated rural schools. It has bought it in the late 19th century and the park boundary to conform to exist- been a primary funding mechanism to the Fleming family bought it in the ing waterways and levee corridors. provide rural school students with edu- early 20th century. As of today, the Senate has twice The 1,000-year-old prehistoric Indian cational opportunities comparable to passed—once in the 108th Congress and suburban and urban students. Over mound and historic above-ground once in the 109th Congress—a form of 4,400 rural schools receive funds be- tombstone cemetery are relatively well this bill by unanimous consent. I trust cause of this Act. preserved and have been twice declared Next, the Act has allowed rural coun- that few will find anything too objec- eligible for the National Register of ty road districts and county road de- tionable about these provisions in the Historic Places by state officials; partments to address the severe main- 110th Congress either. After all, it sim- though no action has yet been taken on tenance backlog. Snow removal has ply places lands that are already under that designation. been restored for citizens, tourists, and Federal control under the management Currently, many of the historic plan- school buses. Bridges have been up- authority of the National Park Serv- tation structures are unrestored, va- graded and replaced and culverts that ice, which already manages neigh- cant and in poor condition. But the are hazardous to fish passage have been boring lands and helps protect their en- main plantation house remains in good upgraded and replaced. vironmental, cultural and historic in- condition. I have been told that it was In addition, over 70 Resource Advi- tegrity. photographed for the cover of National sory Committees, or RACs have been The first major tract in question is Geographic Magazine in the 1930s and formed. These RAC’s cover our largest the Bayou aux Carpes wetlands, which has been the setting for close to 10 Hol- 150 forest counties. Nationally these 15- were acquired by the Justice Depart- lywood movies. person diverse RAC stakeholder com- ment in 1996 as a result of the settle- The other buildings include a 75-foot, mittees have studied and approved over ment of a lawsuit. Although the Na- 175-year-old brick sugar refining chim- 2,500 projects on Federal forestlands tional Park Service has constructive ney, in relatively good condition; an and adjacent public and private lands. possession of the deeds, it lacks legal overseer’s Creole style cottage from These projects have addressed a wide management authority. The area has the mid 1800s cited by historians as a variety of improvements drastically exemplary natural resource values and fine early example of island architec- needed on our National Forests. has been designated by the Environ- ture; a 19th Century annex building Projects have included fuels reduction, mental Protection Agency as a wetland connected to the original plantation habitat improvement, watershed res- of significant value. Most importantly, house, now in poor condition; a 1920s toration, road maintenance and reha- because of the hydrologic connection house built on the original sugar refin- bilitation, reforestation, campground between the two areas, the environ- ery foundations; an early blacksmith and trail improvement, and noxious mental health of the Jean Lafitte shop and several other barns and build- weed eradication. Park’s Barataria Preserve is dependent ings, most in poor condition. The accomplishments of this Act on the continued health of the Bayou My bill will authorize the National over the last few years are positive and aux Carpes. Park Service to acquire this land from substantial. This law should be ex- The second major tract is the Bayou the family, who I am told support the tended so it can continue to benefit the Segnette wetlands, which are presently transaction and the restoration of the forest counties, their schools, and con- managed by the Army Corps of Engi- land and buildings. I am also told that tinue to contribute to improving the neers. The inclusion of this area in the historic preservation organizations health of our National Forests. Barataria Unit will allow for better may step forward to provide private If we do not work to reauthorize this control over water entering the park funding in support of the National Act, all of the progress of the last six from outside sources. Park Service’s acquisition of the land.

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2719 In all, I think that this bill marks an ‘‘(3) ACQUISITION OF STATE LAND.—Land, S. 784 important day for Louisiana. We are water, and interests in land and water’’; and Be it enacted by the Senate and House of Rep- authorizing the management and pres- (D) in the fourth sentence, by striking ‘‘In resentatives of the United States of America in ervation of several ecological, cultural acquiring’’ and inserting the following: Congress assembled, ‘‘(4) ACQUISITION OF OIL AND GAS RIGHTS.—In SECTION 1. SHORT TITLE. and historic gems. I hope that my col- acquiring’’; leagues will fully support this endeavor This Act may be cited as the ‘‘Federal Ac- (2) by striking subsections (b) through (f) countability for Nuclear Waste Storage Act as they have in the past. and inserting the following: of 2007’’. I ask unanimous consent that the ‘‘(b) RESOURCE PROTECTION.—With respect SEC. 2. DRY CASK STORAGE OF SPENT NUCLEAR text of the legislation be printed in the to the land, water, and interests in land and FUEL. RECORD. water of the Barataria Preserve Unit, the (a) IN GENERAL.—Title I of the Nuclear There being no objection, the text of Secretary shall preserve and protect— Waste Policy Act of 1982 (42 U.S.C. 10121 et the bill was ordered to be printed in ‘‘(1) fresh water drainage patterns; seq.) is amended by adding at the end the fol- ‘‘(2) vegetative cover; lowing: the RECORD, as follows: ‘‘(3) the integrity of ecological and biologi- S. 783 cal systems; and ‘‘Subtitle I—Dry Cask Storage of Spent Be it enacted by the Senate and House of Rep- ‘‘(4) water and air quality.’’; and Nuclear Fuel resentatives of the United States of America in (3) by redesignating subsection (g) as sub- ‘‘SEC. 185. DRY CASK STORAGE OF SPENT NU- Congress assembled, section (c). CLEAR FUEL. SECTION 1. SHORT TITLE. (c) HUNTING, FISHING, AND TRAPPING.—Sec- ‘‘(a) DEFINITIONS.—In this section: This Act may be cited as the ‘‘Jean Lafitte tion 905 of the National Parks and Recre- ‘‘(1) CONTRACTOR.—The term ‘contractor’ National Historical Park and Preserve ation Act of 1978 (16 U.S.C. 230d) is amended means a person that holds a contract under Boundary Adjustment Act of 2007’’. in the first sentence by striking ‘‘, except section 302(a) and is licensed by the Commis- SEC. 2. JEAN LAFITTE NATIONAL HISTORICAL that within the core area and on those lands sion to possess spent nuclear power reactor PARK AND PRESERVE BOUNDARY acquired by the Secretary pursuant to sec- fuel. ADJUSTMENT. tion 902(c) of this title, he’’ and inserting ‘‘on ‘‘(2) SPENT NUCLEAR FUEL DRY CASK.—The (a) IN GENERAL.—Section 901 of the Na- land, and interests in land and water man- term ‘spent nuclear fuel dry cask’ means the tional Parks and Recreation Act of 1978 (16 aged by the Secretary, except that the Sec- container (and all the components and sys- U.S.C. 230) is amended in the second sentence retary’’. tems associated with the container)— by striking ‘‘of approximately twenty thou- (d) ADMINISTRATION.—Section 906 of the Na- ‘‘(A) in which spent nuclear fuel is stored sand acres generally depicted on the map en- tional Parks and Recreation Act of 1978 (16 and naturally cooled at an independent spent titled ‘Barataria Marsh Unit-Jean Lafitte U.S.C. 230e) is amended— fuel storage installation that is licensed by National Historical Park and Preserve’ num- (1) by striking the first sentence; and the Commission and located at the power re- bered 90,000B and dated April 1978,’’ and in- (2) in the second sentence, by striking actor site; and serting ‘‘generally depicted on the map enti- ‘‘Pending such establishment and thereafter ‘‘(B) with a design that is approved by the tled ‘Boundary Map, Barataria Preserve the’’ and inserting ‘‘The’’. Commission by license or rule. Unit, Jean Lafitte National Historical Park SEC. 3. REFERENCES IN LAW. ‘‘(3) SPENT NUCLEAR FUEL POOL.—The term and Preserve’, numbered lllll, and (a) IN GENERAL.—Any reference in a law ‘spent nuclear fuel pool’ means a water-filled dated llllllll,’’. (including regulations), map, document, container on a nuclear power reactor site in (b) ACQUISITION OF LAND.—Section 902 of paper, or other record of the United States— which spent nuclear fuel rods are stored. the National Parks and Recreation Act of (1) to the Barataria Marsh Unit shall be ‘‘(b) TRANSFER OF SPENT NUCLEAR FUEL.— 1978 (16 U.S.C. 230a) is amended— considered to be a reference to the Barataria ‘‘(1) IN GENERAL.—A contractor shall trans- (1) in subsection (a)— Preserve Unit; or fer spent nuclear fuel from spent nuclear fuel (A) by striking ‘‘(a) Within the’’ and all (2) to the Jean Lafitte National Historical pools to spent nuclear fuel dry casks at an that follows through the first sentence and Park shall be considered to be a reference to independent spent fuel storage installation inserting the following: the Jean Lafitte National Historical Park that is licensed by the Commission and lo- ‘‘(a) IN GENERAL.— and Preserve. cated at the power reactor site in accordance ‘‘(1) BARATARIA PRESERVE UNIT.— (b) CONFORMING AMENDMENTS.—Title IX of with this section. ‘‘(A) IN GENERAL.—The Secretary may ac- the National Parks and Recreation Act of ‘‘(2) SPENT NUCLEAR FUEL STORED AS OF quire any land, water, and interests in land 1978 (16 U.S.C. 230 et seq.) is amended— DATE OF ENACTMENT.—Not later than 6 years and water within the area, as depicted on the (1) by striking ‘‘Barataria Marsh Unit’’ after the date of enactment of this section, a map described in section 901, by donation, each place it appears and inserting contractor shall complete the transfer of all purchase with donated or appropriated funds, ‘‘Barataria Preserve Unit’’; and spent nuclear fuel that is stored in spent nu- transfer from any other Federal agency, or (2) by striking ‘‘Jean Lafitte National His- clear fuel pools as of the date of enactment exchange. torical Park’’ each place it appears and in- of this section. serting ‘‘Jean Lafitte National Historical ‘‘(B) LIMITATIONS.— ‘‘(3) SPENT NUCLEAR FUEL STORED AFTER Park and Preserve’’. ‘‘(i) IN GENERAL.—Any private land located DATE OF ENACTMENT.—Not later than 6 years in the area, as depicted on the map described By Mr. REID (for himself, Mr. after the date on which spent nuclear fuel is in section 901, may be acquired by the Sec- discharged from a reactor, a contractor shall retary only with the consent of the owner of ENSIGN, and Mr. BENNETT): complete the transfer of any spent nuclear the land. S. 784. A bill to amend the Nuclear fuel that is stored in a spent nuclear fuel ‘‘(ii) BOUNDARY ADJUSTMENT.—On the date Waste Policy Act of 1982 to require pool after the date of enactment of this sec- on which the Secretary, under subparagraph commercial nuclear power plant opera- tion. (A), completes the acquisition of a parcel of tors to transfer spent nuclear fuel from ‘‘(4) INADEQUATE FUNDS OR AVAILABILITY.— private land located in the area, as depicted the nuclear fuel pools of the operators If funds are not available to complete a on the map described in section 901, the into spent nuclear fuel dry casks at transfer under paragraph (2) or (3), or if boundary of the historical park and preserve independent spent fuel storage instal- spent nuclear fuel dry casks suitable for the shall be adjusted to reflect the acquisition. lations of the operators that are li- particular fuel are not available on reason- ‘‘(iii) JURISDICTION OF NATIONAL PARK SERV- censed by the Nuclear Regulatory Com- able terms and conditions, the contractor ICE.—Any Federal land acquired in the areas may apply to the Commission to extend the shall be transferred without consideration to mission, to convey to the Secretary of deadline for the transfer to be completed. the administrative jurisdiction of the Na- Energy title to all such transferred ‘‘(5) COMMISSION LICENSING.— tional Park Service. spent nuclear fuel, to provide for the ‘‘(A) IN GENERAL.—The transfer under para- ‘‘(iv) EASEMENTS.—To ensure adequate hur- transfer to the Secretary of the inde- graph (2) or (3) shall be to spent nuclear fuel ricane protection of the communities located pendent spent fuel storage installation dry casks generally licensed by the Commis- in the area, any land in the area identified operating responsibility of each plant sion. on the map that is acquired or transferred together with the license granted by ‘‘(B) GENERALLY LICENSED SPENT NUCLEAR shall be subject to any easements that have the Commission for the installation, FUEL DRY CASKS UNAVAILABLE.—If generally been agreed to by the Secretary and the Sec- and for other purposes; to the Com- licensed spent nuclear fuel dry casks de- retary of the Army.’’; mittee on Environment and Public scribed in subparagraph (A) are not avail- (B) in the second sentence, by striking able, the deadlines established in paragraphs ‘‘The Secretary may also’’ and inserting the Works. (2) and (3) may be met by the good faith fil- following: Mr. REID. Mr. President, I ask unan- ing of an application to the Commission for ‘‘(2) FRENCH QUARTER.—The Secretary imous consent that the text of the bill a specific independent spent fuel storage in- may’’; be printed in the RECORD. stallation license. (C) in the third sentence, by striking There being no objection, the text of ‘‘(C) EXPEDITED REVIEW.—The Commission ‘‘Lands, waters, and interests therein’’ and the bill was ordered to be printed in shall expedite the review and decision of the inserting the following: the RECORD, as follows: Commission on an application received

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A bill to amend title 4 of the ‘‘(c) FUNDING.—The Secretary shall make general, thousands of Connecticut resi- grants to compensate a contractor for ex- United States Code to limit the extent dents alone are affected by this unfair penses incurred in carrying out subsection to which States may tax the compensa- double taxation. However, it isn’t only (b), including costs associated with— tion earned by nonresident telecom- Connecticut residents who are at risk. ‘‘(1) licensing and construction of an inde- muters; to the Committee on Finance. Thomas Huckaby is a Tennessee- pendent spent fuel storage installation lo- Mr. DODD. Mr. President, I rise based computer programmer that tele- cated at the power reactor site; today, together with my colleague Sen- ‘‘(2) fabrication and delivery of spent nu- commuted for a firm in Queens, New ator LIEBERMAN, to introduce the Tele- clear fuel dry casks; York. In 1994 and 1995, Mr. Huckaby ‘‘(3) transfers of spent nuclear fuel; commuter Tax Fairness Act of 2007. spent 75 percent of his time working in ‘‘(4) documentation relating to the trans- The Telecommuter Tax Fairness Act Tennessee and the remaining 25 per- fers; of 2007 will end an outdated legal doc- cent working in the Queens office and ‘‘(5) security; and trine that unfairly penalizes thousands attempted to apportion his income ac- ‘‘(6) hardening and other safety or security of workers in Connecticut and across cordingly. New York, however, sought improvements. the country whose only offense is that to tax 100 percent of his income and ‘‘(d) CONVEYANCE OF TITLE.— they sometimes work from home. ‘‘(1) CERTIFICATION AND CONVEYANCE OF was successful due to its ‘‘convenience TITLE.— Technology continues to transform of employer’’ rule. On March 29, 2005, ‘‘(A) CERTIFICATION.—The Commission the way business is conducted in Amer- the New York Court of Appeals upheld shall certify to the Secretary when safe and ica and all over the world. Tele- New York’s rule in a 4 to 3 decision. secure transfer of spent nuclear fuel has been communications advances such as cell The Supreme Court declined to hear carried out under paragraph (2) or (3) of sub- phones, email, the Internet, and mobile his appeal. section (b). networking have not only made Ameri- A similar story involves Arthur ‘‘(B) ACCEPTANCE OF TITLE.—On receipt of cans more productive, they have also Gray, a New Hampshire resident who the certification, the Secretary shall accept given people greater flexibility in the conveyance of title to the spent nuclear worked for the New York office of fuel dry cask (including the contents of the where they can work without compro- Cowen & Co. as an investment coun- spent nuclear fuel dry cask) from the con- mising productivity. As a result, more selor from 1976 through 1996 and paid tractor. Americans now have the freedom to New York state income taxes during ‘‘(2) RESPONSIBILITY.— work from home or other alternative that time. In 1997, Arthur Gray, per his ‘‘(A) IN GENERAL.—A conveyance of title offices when their physical presence is employer’s request, opened and man- under paragraph (1)(B) shall confer on the not required at their primary place of Secretary full responsibility (including safe- aged an office from his home in New work. Hampshire. Several times during the ty, security, and financial responsibility) for This option to telecommute offers the subsequent possession, stewardship, year, Mr. Gray worked in New York, maintenance, monitoring, and ultimate dis- tremendous benefits for businesses, but most of his days were spent in New position of all spent nuclear fuel transferred families, and communities. It helps Hampshire. When paying his taxes dur- to the Secretary. employers lower costs and raise worker ing this time, he paid New York state ‘‘(B) LICENSES.—On conveyance of title— productivity, and individuals better income taxes for the days he was in ‘‘(i) the general or specific Commission li- manage the demands of work and fam- New York, but not for the days he cense held by the contractor for the spent ily. It also reduces congestion on our nuclear fuel dry cask shall be terminated; worked in New Hampshire. New York, roads and rails, and in so doing, lowers however, sought to tax 100 percent of and pollution. ‘‘(ii) a general license for the spent nuclear his income and was successful due to fuel dry cask under sections 53 and 81 of the Despite the many benefits of tele- its ‘‘convenience of the employer’’ rule. Atomic Energy Act of 1954 (42 U.S.C. 2073, commuting, some states continue to These are only two examples of the 2111) shall be issued to the Secretary. maintain and enforce outdated laws far-reaching consequences of this ‘‘con- ‘‘(C) REGULATIONS.—Not later than 5 years that unfairly penalize people who venience of employer’’ rule. There are after the date of enactment of this section, choose to work from home. New York, thousands of individuals across the the Commission shall promulgate regula- in particular, has been among the most country who are adversely impacted by tions that establish the terms and conditions aggressive. this rule. Most, however, lack the time, for licenses described in subparagraph (B)(ii). Under its so-called ‘‘convenience of ‘‘(e) ADMINISTRATION.— money, or energy to take their case to ‘‘(1) IN GENERAL.—Not later than 5 years the employer’’ rule, New York requires court. after the date of enactment of this section, out-of-State residents who work for an This potential for double taxation is the Secretary shall establish the capability employer in New York to pay New not only unfair, it also discourages to carry out subsection (d)(2) in a manner York taxes on income earned outside people from telecommuting when we that protects the public health and safety the State, even if the State in which should be doing the opposite. and common defense and security, and com- the employee is physically present also Legislation is needed to protect these plies with all applicable laws. applies tax to the same income. New honest workers who deserve fair and ‘‘(2) CONTRACTS WITH LICENSEES.— York only allows exceptions for cases ‘‘(A) IN GENERAL.—Subject to subparagraph equitable treatment under the law. The (B), the Secretary may contract with a hold- of ‘‘necessity,’’ as opposed to ‘‘conven- Telecommuter Tax Fairness Act of 2005 er of the operating license issued by the ience,’’ and the State has determined accomplishes this by specifically pre- Commission for 1 or more of the power reac- that telecommuting falls into the lat- venting a State from engaging in the tors located on or adjacent to the spent nu- ter, taxable category. While there are current fiction of deeming a non- clear fuel dry cask for the performance of all several States that have ‘‘convenience resident to be in the taxing state when or part of the tasks required to carry out of the employer’’ rules, no other State the nonresident is actually working in subsection (d)(2). applies it with the same rigor as New another state. In doing so, it will elimi- ‘‘(B) EFFECT OF CONTRACT.—A contract de- scribed in subparagraph (A) shall not relieve York. nate the possibility that citizens will the Secretary of the ultimate responsibility Under this rule, if a Connecticut resi- be double-taxed when telecommuting. of the Secretary under subsection (d)(2) and dent who normally works in New Establishing a ‘‘physical presence’’ as a licensee of the Commission.’’. York—as thousands of Connecticut test—as this legislation does—is the (b) USE OF WASTE FUND.—Section 302(d) of residents do—chooses to work from most logical basis for determining tax the Nuclear Waste Policy Act of 1982 (42 home some days, New York forces her status. If a worker is in a State, and U.S.C. 10222(d)) is amended— to pay taxes for income earned on (1) in paragraph (5), by striking ‘‘and’’ at taking advantage of that State’s infra- the end; those days not only to Connecticut, the structure, the worker should pay taxes (2) in paragraph (6), by striking the period state in which she is physically in that State. at the end and inserting ‘‘; and’’; and present, but also to New York. This Some suggest that the double-tax- (3) by adding at the end the following: rule unfairly subjects the many work- ation quandary can easily be fixed by

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2721 having other States provide a tax cred- ‘‘(3) time with respect to which no com- and concentration in the packing in- it to those telecommuters. However, pensation is paid unless such individual’s dustry. Add on the trend toward why should Connecticut, or any other employer deems such period to be time with vertical integration among packers and State, be required to allow a credit on respect to which no compensation is paid. there is no question why independent ‘‘(d) DEFINITIONS.—As used in this section— income actually earned in the State? If ‘‘(1) STATE.—The term ‘State’ means each producers are losing the opportunity to a worker is working in Connecticut, he of the several States (or any subdivision market their own livestock during or she is benefiting from a range of thereof), the District of Columbia, and any profitable cycles in the live meat mar- services paid for and maintained by territory or possession of the United States. kets. Connecticut, including roads, water, ‘‘(2) INCOME TAX.—The term ‘income tax’ The past CEO of a major packer in police, fire protection, and communica- has the meaning given such term by section 1994 explained that the reason packers tions services. It’s only fair that Con- 110(c). own livestock is that when the price is necticut ask that worker to help sup- ‘‘(3) INCOME TAX LAWS.—The term ‘income high the packers use their own live- tax laws’ includes any statutes, regulations, port the services that he or she uses. administrative practices, administrative in- stock for the lines and when the price This is not just an issue that deals terpretations, and judicial decisions. is low the packers buy livestock. This with a small group of citizens from one ‘‘(4) NONRESIDENT INDIVIDUAL.—The term means that independent producers are small state. ‘nonresident individual’ means an individual most likely being limited from partici- Rather, this is an issue that affects who is not a resident of the State applying pating in the most profitable ranges of workers all over the country. It will its income tax laws to such individual. the live market. This is not good for only grow more pressing as people and ‘‘(5) EMPLOYEE.—The term ‘employee’ the survival of the independent pro- businesses continue to seek to take ad- means an employee as defined by the State ducer. vantage of new technologies that influ- in which the nonresident individual is phys- ically present and performing personal serv- This bipartisan legislation would ence the way we live and work. guarantee that independent producers I hope our colleagues will favorably ices for compensation. ‘‘(6) EMPLOYER.—The term ‘employer’ have a share in the marketplace while consider this legislation. means the person having control of the pay- assisting the Mandatory Price Report- I ask unanimous consent that the ment of an individual’s compensation. ing system. The proposal would require text of the bill be printed in the ‘‘(7) COMPENSATION.—The term ‘compensa- that 25 percent of a packer’s daily kill RECORD. tion’ means the salary, wages, or other re- comes from the spot market. There being no objection, the text of muneration earned by an individual for per- By requiring a 25 percent spot mar- the bill was ordered to be printed in sonal services performed as an employee or ket purchase daily, the mandatory the RECORD, as follows: as an independent contractor. price reporting system, which has been S. 785 ‘‘(e) NO INFERENCE.—Nothing in this sec- tion shall be construed as bearing on— criticized due to reporting and accu- Be it enacted by the Senate and House of Rep- ‘‘(1) any tax laws other than income tax racy problems, would have consistent, resentatives of the United States of America in laws, Congress assembled, reliable numbers being purchased from ‘‘(2) the taxation of corporations, partner- the spot market, improving the accu- SECTION 1. SHORT TITLE. ships, trusts, estates, limited liability com- This Act may be cited as the ‘‘Telecom- racy and transparency of daily prices. panies, or other entities, organizations, or muter Tax Fairness Act of 2007’’. In addition, independent livestock pro- persons other than nonresident individuals SEC. 2. LIMITATION ON STATE TAXATION OF in their capacities as employees or inde- ducers would be guaranteed a competi- COMPENSATION EARNED BY NON- pendent contractors, tive position due to the packers need to RESIDENT TELECOMMUTERS. fill the daily 25 percent spot/cash mar- (a) IN GENERAL.—Chapter 4 of title 4, ‘‘(3) the taxation of individuals in their ca- United States Code, is amended by adding at pacities as shareholders, partners, trust and ket requirement. the end the following new section: estate beneficiaries, members or managers of The packers required to comply limited liability companies, or in any simi- ‘‘§ 127. Limitation on State taxation of com- would be the same packers required to lar capacities, and pensation earned by nonresident telecom- report under the Mandatory Price Re- ‘‘(4) the income taxation of dividends, in- muters porting system. Those are packs that terest, annuities, rents, royalties, or other kill either 125,000 head of cattle, 100,000 ‘‘(a) IN GENERAL.—In applying its income forms of unearned income.’’. tax laws to the compensation of a non- (b) CLERICAL AMENDMENT.—The table of head of hogs, or 75,000 lambs annually, resident individual, a State may deem such sections of such chapter 4 is amended by add- over a 5 year average. nonresident individual to be present in or ing at the end the following new item: Packers are arguing that this will working in such State for any period of time ‘‘127. Limitation on State taxation of com- hurt their ability to offer contracts to only if such nonresident individual is phys- pensation earned by non- producers, but the fact of the matter is ically present in such State for such period resident telecommuters.’’. that the majority of livestock con- and such State may not impose nonresident (c) EFFECTIVE DATE.—The amendments income taxes on such compensation with re- tracts pay out on a calculation incor- made by this section shall take effect on the porating Mandatory Price Reporting spect to any period of time when such non- date of the enactment of this Act. resident individual is physically present in data. If the Mandatory Price Reporting another State. By Mr. GRASSLEY (for himself data is not accurate, or open to pos- ‘‘(b) DETERMINATION OF PHYSICAL PRES- and Mr. FEINGOLD): sible manipulation because of low num- ENCE.—For purposes of determining physical S. 786. A bill to amend the Agricul- bers on the spot market, contracts are presence, no State may deem a nonresident not beneficial tools for producers to individual to be present in or working in tural Marketing Act of 1946 to foster such State on the grounds that— efficient markets and increase com- manage their risk. This legislative pro- ‘‘(1) such nonresident individual is present petition and transparency among pack- posal will hopefully give confidence to at or working at home for convenience, or ers that purchased livestock from pro- independent livestock producers by im- ‘‘(2) such nonresident individual’s work at ducers; to the Committee on Agri- proving the accuracy and viability of home or office at home fails any convenience culture, Nutrition, and Forestry. the Mandatory Price reporting system of the employer test or any similar test. Mr. GRASSLEY. Mr. President, Sen- and secure fair prices for contracts ‘‘(c) DETERMINATION OF PERIODS OF TIME ator FEINGOLD and I have in the past based on that data. WITH RESPECT TO WHICH COMPENSATION IS sponsored the Transparency for Inde- It’s just common sense, when there PAID.—For purposes of determining the peri- ods of time with respect to which compensa- pendent Livestock Producers Act, or aren’t a lot of cattle and pigs being tion is paid, no State may deem a period of what we have generally referred to as purchased on the cash market, it’s time during which a nonresident individual the ‘‘Transparency Act.’’ Today we are easier for the Mandatory Price report- is physically present in another State and once again working together in a bipar- ing data to be inaccurate or manipu- performing certain tasks in such other State tisan fashion to reintroduce this im- lated. The majority of livestock pro- to be— portant legislation. duction contracts are based on that ‘‘(1) time that is not normal work time un- My sponsorship of the packer ban data, so if that information is wrong, less such individual’s employer deems such this Congress is based on the belief period to be time that is not normal work the contract producers suffer. time, that independent producers should This legislation will guarantee inde- ‘‘(2) nonworking time unless such individ- have the opportunity to receive a fair pendent livestock producers market ual’s employer deems such period to be non- price for their livestock. Over the years access and a fair price. It will accom- working time, or we have seen widespread consolidation plish these goals by making it more

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2722 CONGRESSIONAL RECORD — SENATE March 6, 2007 difficult for the Mandatory Price Re- packer during each reporting day in each United States in 1821 that ‘‘it is in your land porting System to be manipulated be- plant, the covered packer shall slaughter not that liberty has fixed her abode and . . . in cause of low numbers being reported by less than the applicable percentage specified imitating you, we shall imitate our ances- the packs. The Transparency Act is in subsection (c) of the quantity through tors and be thought worthy of them if we spot market sales from nonaffiliated pro- succeed in resembling you’’; crucial legislation to guarantee live- ducers. Whereas Greece played a major role in the stock producers receive a fair shake at ‘‘(c) APPLICABLE PERCENTAGES.— World War II struggle to protect freedom and the farm gate and I am looking forward ‘‘(1) IN GENERAL.—Except as provided in democracy through such bravery as was to working on this legislation in a bi- paragraph (2), the applicable percentage shown in the historic Battle of Crete, which partisan fashion. shall be 25 percent. provided the Axis land war with its first I ask unanimous consent that the ‘‘(2) EXCEPTIONS.—In the case of a covered major setback, setting off a chain of events text of the bill be printed in the packer that reported to the Secretary in the that significantly affected the outcome of 2006 annual report that more than 75 percent RECORD. World War II; of the livestock of the covered packer were Whereas the price for Greece in holding our There being no objection, the text of captive supply livestock, the applicable per- the bill was ordered to be printed in common values in their region was high, as centage shall be the greater of— hundreds of thousands of civilians were the RECORD, as follows: ‘‘(A) the difference between the percentage killed in Greece during World War II; S. 786 of captive supply so reported and 100 percent; Whereas, throughout the 20th century, Be it enacted by the Senate and House of Rep- and Greece was 1 of only 3 countries in the world, resentatives of the United States of America in ‘‘(B)(i) during each of calendar years 2008 beyond the former British Empire, that al- Congress assembled, and 2009, 10 percent; lied with the United States in every major SECTION 1. SPOT MARKET PURCHASES OF LIVE- ‘‘(ii) during each of calendar years 20010 international conflict; STOCK BY PACKERS. and 2011, 15 percent; and Whereas President George W. Bush, in rec- Chapter 5 of subtitle B of the Agricultural ‘‘(iii) during calendar year 2012 and each ognizing Greek Independence Day, said, Marketing Act of 1946 (7 U.S.C. 1636 et seq.) calendar year thereafter, 25 percent. ‘‘Greece and America have been firm allies is amended by adding at the end the fol- ‘‘(d) NONPREEMPTION.—Notwithstanding in the great struggles for liberty. Americans lowing: section 259, this section does not preempt will always remember Greek heroism and any requirement of a State or political sub- ‘‘SEC. 260. SPOT MARKET PURCHASES OF LIVE- Greek sacrifice for the sake of freedom . . . STOCK BY PACKERS. division of a State that requires a covered [and] as the 21st Century dawns, Greece and ‘‘(a) DEFINITIONS.—In this section: packer to purchase on the spot market a America once again stand united; this time ‘‘(1) COVERED PACKER.— greater percentage of the livestock pur- in the fight against terrorism. The United ‘‘(A) IN GENERAL.—The term ‘covered pack- chased by the covered packer than is re- States deeply appreciates the role Greece is er’ means a packer that is required under quired under this section. playing in the war against terror. . . . Amer- this subtitle to report to the Secretary each ‘‘(e) RELATIONSHIP TO OTHER PROVISIONS.— ica and Greece are strong allies, and we’re reporting day information on the price and Nothing in this section affects the interpre- strategic partners.’’; quantity of livestock purchased by the pack- tation of any other provision of this Act, in- Whereas President Bush stated that er. cluding section 202.’’. Greece’s successful ‘‘law enforcement oper- ‘‘(B) EXCLUSION.—The term ‘covered pack- f ations against a terrorist organization [No- er’ does not include a packer that owns only SUBMITTED RESOLUTIONS vember 17] responsible for three decades of 1 livestock processing plant. terrorist attacks underscore the important ‘‘(2) NONAFFILIATED PRODUCER.—The term contributions Greece is making to the global war on terrorism’’; ‘nonaffiliated producer’ means a producer of SENATE RESOLUTION 95—DESIG- livestock— Whereas Greece is a strategic partner and ‘‘(A) that sells livestock to a packer; NATING MARCH 25, 2006, AS ally of the United States in bringing polit- ‘‘(B) that has less than 1 percent equity in- ‘‘GREEK INDEPENDENCE DAY: A ical stability and economic development to terest in the packer, which packer has less NATIONAL DAY OF CELEBRA- the volatile Balkan region, having invested than 1 percent equity interest in the pro- TION OF GREEK AND AMERICAN over $10,000,000,000 in the region; ducer; DEMOCRACY’’ Whereas Greece was extraordinarily re- ‘‘(C) that has no officers, directors, em- sponsive to requests by the United States ployees, or owners that are officers, direc- Mr. SPECTER (for himself, Mr. AL- during the war in Iraq, as Greece imme- tors, employees, or owners of the packer; LARD, Mr. BAYH, Mr. BENNETT, MR. diately granted unlimited access to its air- ‘‘(D) that has no fiduciary responsibility to BIDEN, Mr. BINGAMAN, Mrs. BOXER, Mr. space and the base in Souda Bay, and many the packer; and BROWN, Mr. CARPER, Mr. CASEY, Mr. ships of the United States that delivered ‘‘(E) in which the packer has no equity in- CHAMBLISS, Mrs. CLINTON, Mr. COCH- troops, cargo, and supplies to Iraq were refu- terest. RAN, Mr. CRAIG, Mr. DODD, Mrs. DOLE, eled in Greece; ‘‘(3) SPOT MARKET SALE.— Mr. DOMENICI, Mr. DORGAN, Mr. DURBIN, Whereas, in August 2004, the Olympic ‘‘(A) IN GENERAL.—The term ‘spot market games came home to Athens, Greece, the Mr. FEINGOLD, Mrs. FEINSTEIN, Mr. sale’ means a purchase and sale of livestock land of their ancient birthplace 2,500 years by a packer from a producer— GRASSLEY, Mr. GREGG, Mr. HAGEL, Mr. ago and the city of their modern revival in ‘‘(i) under an agreement that specifies a INOUYE, Mr. ISAKSON, Mr. JOHNSON, Mr. 1896; firm base price that may be equated with a KENNEDY, Mr. KERRY, Mr. KOHL, Ms. Whereas Greece received world-wide praise fixed dollar amount on the date the agree- LANDRIEU, Mr. LAUTENBERG,, Mr. for its extraordinary handling during the ment is entered into; LEVIN, Mr. LIEBERMAN, Mr. LOTT, Mr. 2004 Olympics of over 14,000 athletes from 202 ‘‘(ii) under which the livestock are slaugh- MENENDEZ, Ms. MIKULSKI, Ms. MUR- countries and over 2,000,000 spectators and tered not more than 7 days after the date on KOWSKI, Mr. NELSON of Florida, Mr. journalists, which it did so efficiently, se- which the agreement is entered into; and curely, and with its famous Greek hospi- OBAMA, Mr. REED, Mr. REID, Mr. ‘‘(iii) under circumstances in which a rea- tality; sonable competitive bidding opportunity ex- ROCKEFELLER, Mr. SCHUMER, Mr. Whereas the unprecedented security effort ists on the date on which the agreement is SMITH, Ms. SNOWE, Ms. STABENOW, Mr. in Greece for the first Olympics after the at- entered into. STEVENS, Mr. SUNUNU, Mr. THOMAS, Mr. tacks on the United States on September 11, ‘‘(B) REASONABLE COMPETITIVE BIDDING OP- VOINOVICH, Mr. WARNER, Mr. 2001, included a record-setting expenditure of PORTUNITY.—For the purposes of subpara- WHITEHOUSE, and Mr. WYDEN) sub- over $1,390,000,000 and assignment of over graph (A)(iii), circumstances in which a rea- mitted the following resolution; which 70,000 security personnel, as well as the utili- sonable competitive bidding opportunity was referred to the Committee on the zation of an 8-country Olympic Security Ad- shall be considered to exist if— Judiciary: visory Group that included the United ‘‘(i) no written or oral agreement precludes States; the producer from soliciting or receiving S. RES. 95 Whereas Greece, located in a region where bids from other packers; and Whereas the ancient Greeks developed the Christianity meets Islam and Judaism, ‘‘(ii) no circumstance, custom, or practice concept of democracy, in which the supreme maintains excellent relations with Muslim exists that— power to govern was vested in the people; nations and Israel; ‘‘(I) establishes the existence of an implied Whereas the Founding Fathers of the Whereas the Government of Greece has had contract (as determined in accordance with United States drew heavily on the political extraordinary success in recent years in fur- the Uniform Commercial Code); and experience and philosophy of ancient Greece thering cross-cultural understanding and re- ‘‘(II) precludes the producer from soliciting in forming our representative democracy; ducing tensions between Greece and Turkey; or receiving bids from other packers. Whereas Greek Commander in Chief Petros Whereas Greece and the United States are ‘‘(b) GENERAL RULE.—Of the quantity of Mavromichalis, a founder of the modern at the forefront of the effort for freedom, de- livestock that is slaughtered by a covered Greek state, said to the citizens of the mocracy, peace, stability, and human rights;

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2723 Whereas those and other ideals have forged Harriett, who died last month at the who will follow you, all the women who a close bond between these 2 nations and age of 79 from leukemia, had many will stand on your shoulders. their peoples; firsts in her rich life: she was the first f Whereas March 25, 2006, marks the 185th female editor of her college newspaper anniversary of the beginning of the revolu- SENATE RESOLUTION 97—REL- at the University of Michigan. She was tion that freed the Greek people from the ATIVE TO THE DEATH OF THOM- the first woman on the Missouri Trans- Ottoman Empire; and AS F. EAGLETON, FORMER portation Commission and she was the Whereas it is proper and desirable to cele- UNITED STATES SENATOR FOR brate this anniversary with the Greek people first woman to win statewide office in THE STATE OF MISSOURI and to reaffirm the democratic principles the State of Missouri when she was from which these 2 great nations were born: elected Lieutenant Governor. Mr. REID (for himself, Mr. MCCON- Now, therefore, be it But Harriett’s career in public serv- NELL, Mrs. MCCASKILL, Mr. BOND, Mr. Resolved, That the Senate— ice only tells part of the story. Har- AKAKA, Mr. ALEXANDER, Mr. ALLARD, (1) designates March 25, 2006, as ‘‘Greek Mr. BAUCUS, Mr. BAYH, Mr. BENNETT, Independence Day: A National Day of Cele- riett was a born leader and she used it Mr. BIDEN, Mr. BINGAMAN, Mrs. BOXER, bration of Greek and American Democracy’’; to inspire hundreds of women across and the country to get involved at all lev- Mr. BROWN, Mr. BROWNBACK, Mr. (2) encourages the people of the United els of government. For 5 years, she BUNNING, Mr. BURR, Mr. BYRD, Ms. States to observe the day with appropriate served as president of the National CANTWELL, Mr. CARDIN, Mr. CARPER, ceremonies and activities. Women’s Political Caucus, a bipartisan Mr. CASEY, Mr. CHAMBLISS, Mrs. CLIN- f grassroots organization whose mission TON, Mr. COBURN, Mr. COCHRAN, Mr. COLEMAN, Ms. COLLINS, Mr. CONRAD, SUBMITTED RESOLUTIONS is to increase women’s participation in the political process. Mr. CORKER, Mr. CORNYN, Mr. CRAIG, Her struggle to win a U.S. Senate Mr. CRAPO, Mr. DEMINT, Mr. DODD, SENATE RESOLUTION 96—EX- seat in 1982 against Senator John Dan- Mrs. DOLE, Mr. DOMENICI, Mr. DORGAN, Mr. DURBIN, Mr. ENSIGN, Mr. ENZI, Mr. PRESSING THE SENSE OF THE forth was the inspiration to the found- FEINGOLD, Mrs. FEINSTEIN, Mr. SENATE THAT HARRIETT WOODS ers of Emily’s List, which is dedicated GRAHAM, Mr. GRASSLEY, Mr. GREGG, WILL BE REMEMBERED AS A to recruiting and funding viable women Mr. HAGEL, Mr. HARKIN, Mr. HATCH, PIONEER IN WOMEN’S POLITICS candidates. Many thought that Har- Mrs. HUTCHISON, Mr. INHOFE, Mr. riett could have won that race, which Mrs. MCCASKILL (for herself, Mr. INOUYE, Mr. ISAKSON, Mr. JOHNSON, Mr. she lost by a scant 27,247 votes, had she BOND, Mrs. CLINTON, Mrs. BOXER, Ms. KENNEDY, Mr. KERRY, Ms. KLOBUCHAR, not run out of money. STABENOW, Ms. CANTWELL, Ms. MIKUL- Mr. KOHL, Mr. KYL, Ms. LANDRIEU, Mr. Harriett was also integral to what SKI, Mrs. FEINSTEIN, Mrs. MURRAY, Mrs. LAUTENBERG, Mr. LEAHY, Mr. LEVIN, became known as the Year of the LINCOLN, Ms. KLOBUCHAR, Mr. BINGA- Mr. LIEBERMAN, Mrs. LINCOLN, Mr. MAN, Mr. LEVIN, Mr. DODD Mr. OBAMA, Woman, when in 1992, female can- LOTT, Mr. LUGAR, Mr. MARTINEZ, Mr. and Mr. HARKIN) submitted the fol- didates won nineteen seats in the MCCAIN, Mr. MENENDEZ, Ms. MIKULSKI, lowing resolution; which was referred United States House of Representatives Ms. MURKOWSKI, Mrs. MURRAY, Mr. to the Committee on the Judiciary: and three seats in the United States NELSON of Florida, Mr. NELSON of Ne- S. RES. 96 Senate. braska, Mr. OBAMA, Mr. PRYOR, Mr. Whereas Harriett Woods, a native of Cleve- Harriett realized 25 years ago, before REED, Mr. ROBERTS, Mr. ROCKEFELLER, land, Ohio, launched a 50-year political ca- most women even considered the no- Mr. SALAZAR, Mr. SANDERS, Mr. SCHU- reer with a neighborhood crusade against tion, that there was only one way MER, Mr. SESSIONS, Mr. SHELBY, Mr. rattling potholes; women were going to take their seat at SMITH, Ms. SNOWE, Mr. SPECTER, Ms. Whereas Harriett Woods, who died of leu- the table of political power in our great STABENOW, Mr. STEVENS, Mr. SUNUNU, kemia at the age of 79 on February 8, 2007, Nation: by daring to fail, by embracing Mr. TESTER, Mr. THOMAS, Mr. THUNE, had many firsts, including being the first fe- breathtaking risk, and by standing up Mr. VITTER, Mr. VOINOVICH, Mr. WAR- male editor for her college newspaper at the to the bouncer at the door of the back University of Michigan, the first woman on NER, Mr. WEBB, Mr. WHITEHOUSE, and the Missouri Transportation Commission, room filled with the good old boys who Mr. WYDEN) submitted the following and the first woman to win statewide office ran for office. When that bouncer told resolution; which was considered and in the State of Missouri as Lieutenant Gov- Harriett that she could not come in, agreed to: ernor; she said, just watch me. S. RES. 97 Whereas, from 1991 to 1995, Harriett Woods And when that same bouncer tried to Whereas Thomas F. Eagleton spent his 30- served as president of the National Women’s kick her out of the room, she said just year career in elected office dedicating him- Political Caucus, a bipartisan grassroots or- try it. And after she was comfortable self to his country and his home state, rep- ganization whose mission is to increase in that room, she didn’t sit down. She resenting Missouri in the United States Sen- women’s participation in the political proc- went out and found other women and ate for 18 years; ess at all levels of government; and Whereas Thomas F. Eagleton served in the Whereas Harriett Woods was integral to led them to that room by pure unadul- United States Navy from 1948 until 1949; the electoral successes of what became terated leadership. Whereas Thomas F. Eagleton, a graduate known as the Year of the Woman, when in Harriett wrote a wonderful book of Amherst College and Harvard University 1992, female candidates won 19 seats in the about her life as a national political Law School, launched his political career House of Representatives and 3 seats in the leader. She closed the book with the with his election as St. Louis Circuit Attor- Senate: Now, therefore, be it following: ney in 1956 and was elected Missouri Attor- Resolved, That it is the sense of the Senate ney General in 1960 and Missouri Lieutenant that Harriett Woods will be remembered as a Somewhere, at this very moment, in some Governor in 1964; pioneer in women’s politics, whose actions neighborhood in America, a woman very like Whereas Thomas F. Eagleton was elected and leadership inspired hundreds of women my younger self is confronting a problem to the United States Senate in 1968, ulti- nationwide to participate in the political that affects her life, and family. Perhaps it’s mately serving three terms and leaving an process and to break gender barriers at every the need for a playground for her children; imprint on United States history by co- level of government. maybe it’s a threat to clean water from rural authoring legislation creating the Pell Grant animal waste. She has spoken up, but no one program to provide youth with higher edu- Mrs. MCCASKILL. Mr. President, is willing to take action. She’s never been a cation assistance, helping to create the Na- today I am proud to submit as my first public person, and famous woman senators tional Institute on Aging, and leading the piece of legislation as a United States seem a world away. Still, she cares deeply charge to designate 8 federally protected wil- Senator, a resolution to honor the about finding a solution. After agonizing derness areas in southern Missouri; memory of a great woman and a great thought, she makes a crucial decision. She Whereas Thomas F. Eagleton continued to leader—Harriett Woods. will step up to power, and another woman contribute to his community, state, and na- It is also a privilege to submit this leader will be born. tion following his 1986 retirement by prac- resolution with Senators BOND, MIKUL- Many of the women who hold or have ticing law, teaching college courses, writing political commentaries, and encouraging ci- SKI, CLINTON, CANTWELL, MURRAY, held public office, including myself, vility in politics; STABENOW, LINCOLN, BOXER, FEINSTEIN, have Harriett Woods to thank for lead- Resolved, That the Senate has heard with KLOBUCHAR, BINGAMAN, LEVIN, OBAMA, ing the way. So thank you, Harriett. profound sorrow and deep regret the an- HARKIN, and DODD. Thank you on behalf of all the women nouncement of the death of the Honorable

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2724 CONGRESSIONAL RECORD — SENATE March 6, 2007 Thomas F. Eagleton, former member of the SA 358. Mrs. MURRAY submitted an amendment SA 275 proposed by Mr. United States Senate. amendment intended to be proposed by her REID (for himself, Mr. LIEBERMAN, and Resolved, That the Secretary of the Senate to the bill S. 4, supra; which was ordered to Ms. COLLINS) to the bill S. 4, to make communicate these resolutions to the House lie on the table. of Representatives and transmit an enrolled SA 359. Mr. LAUTENBERG submitted an the United States more secure by im- copy thereof to the family of the deceased. amendment intended to be proposed to plementing unfinished recommenda- Resolved, That when the Senate stands ad- amendment SA 275 proposed by Mr. REID (for tions of the 9/11 Commission to fight journed today, it stand adjourned as a fur- himself, Mr. LIEBERMAN, and Ms. COLLINS) to the war on terror more effectively, to ther mark of respect to the memory of the the bill S. 4, supra; which was ordered to lie improve homeland security, and for Honorable Thomas F. Eagleton. on the table. other purposes; which was ordered to f SA 360. Mr. GRAHAM (for himself and Mr. be on the table; as follows: SENATE RESOLUTION 98—PRO- BROWNBACK) submitted an amendment in- On page 237, strike line 16 and all that fol- VIDING FOR MEMBERS ON THE tended to be proposed to amendment SA 275 proposed by Mr. REID (for himself, Mr. lows through page 239, line 4, and insert the PART OF THE SENATE OF THE LIEBERMAN, and Ms. COLLINS) to the bill S. 4, following: JOINT COMMITTEE ON PRINTING supra; which was ordered to lie on the table. (c) NATIONAL INTELLIGENCE PROGRAM DE- AND THE JOINT COMMITTEE OF SA 361. Mr. LIEBERMAN (for himself and FINED.—In this section, the term ‘‘National CONGRESS ON THE LIBRARY Mr. MCCAIN) submitted an amendment in- Intelligence Program’’ has the meaning Mrs. FEINSTEIN submitted the fol- tended to be proposed to amendment SA 275 given that term in section 3(6) of the Na- proposed by Mr. REID (for himself, Mr. tional Security Act of 1947 (50 U.S.C. 401a(6)). lowing resolution; which was consid- LIEBERMAN, and Ms. COLLINS) to the bill S. 4, ered and agreed to: supra; which was ordered to lie on the table. Mr. BOND (for himself and S. RES. 98 SA 362. Mr. KOHL (for himself, Mr. SPEC- SA. 350. Resolved, That the following named Mem- TER, and Mr. LEAHY) submitted an amend- Mr. ROCKEFELLER) submitted an bers be, and they are hereby, elected mem- ment intended to be proposed to amendment amendment intended to be proposed to bers of the following joint committees of SA 275 proposed by Mr. REID (for himself, Mr. amendment SA 275 proposed by Mr. Congress: LIEBERMAN, and Ms. COLLINS) to the bill S. 4, REID (for himself, Mr. LIEBERMAN, and JOINT COMMITTEE ON PRINTING: Mrs. Fein- supra; which was ordered to lie on the table. Ms. COLLINS) to the bill S. 4, to make stein, Mr. Inouye, Mrs. Murray, Mr. Bennett, SA 363. Mr. ENSIGN proposed an amend- the United States more secure by im- and Mr. Chambliss. ment to amendment SA 275 proposed by Mr. plementing unfinished recommenda- JOINT COMMITTEE OF CONGRESS ON THE LI- REID (for himself, Mr. LIEBERMAN, and Ms. BRARY: Mrs. Feinstein, Mr. Dodd, Mr. Schu- COLLINS) to the bill S. 4, supra. tions of the 9/11 Commission to fight mer, Mr. Bennett, and Mr. Stevens. SA 364. Mrs. HUTCHISON submitted an the war on terror more effectively, to f amendment intended to be proposed to improve homeland security, and for AMENDMENTS SUBMITTED AND amendment SA 275 proposed by Mr. REID (for other purposes; which was ordered to himself, Mr. LIEBERMAN, and Ms. COLLINS) to be on the table; as follows: PROPOSED the bill S. 4, supra; which was ordered to lie SA 349. Mr. BOND (for himself and Mr. on the table. On page 239, line 15, insert ‘‘(1)’’ after ‘‘RE- ROCKEFELLER) submitted an amendment in- SA 365. Mr. SCHUMER submitted an QUESTS OF COMMITTEES.—’’. tended to be proposed to amendment SA 275 amendment intended to be proposed to On page 239, line 19, strike ‘‘15 days’’ and proposed by Mr. REID (for himself, MR. amendment SA 275 proposed by Mr. REID (for insert ‘‘30 days’’. LIEBERMAN, and MS. COLLINS) to the bill S. 4, himself, Mr. LIEBERMAN, and Ms. COLLINS) to On page 239, beginning on line 22, strike to make the United States more secure by the bill S. 4, supra; which was ordered to lie ‘‘the Permanent’’ and all that follows implementing unfinished recommendations on the table. through ‘‘information relates’’ on page 240, of the 9/11 Commission to fight the war on SA 366. Mr. SCHUMER submitted an line 1, and insert ‘‘or the Permanent Select terror more effectively, to improve home- amendment intended to be proposed to Committee on Intelligence of the House of land security, and for other purposes; which amendment SA 275 proposed by Mr. REID (for Representatives’’. was ordered to lie on the table. himself, Mr. LIEBERMAN, and Ms. COLLINS) to On page 240, between lines 3 and 4, insert SA 350. Mr. BOND (for himself and Mr. the bill S. 4, supra; which was ordered to lie the following: ROCKEFELLER) submitted an amendment in- on the table. ‘‘(2) A committee making a request under tended to be proposed to amendment SA 275 SA 367. Mr. SCHUMER submitted an paragraph (1) may specify a greater number proposed by Mr. REID (for himself, Mr. amendment intended to be proposed to of days for submittal to such committee of LIEBERMAN, and Ms. COLLINS) to the bill S. 4, amendment SA 275 proposed by Mr. REID (for information in response to such request than supra; which was ordered to lie on the table. himself, Mr. LIEBERMAN, and Ms. COLLINS) to SA 351. Mr. INOUYE (for himself and Mr. the bill S. 4, supra; which was ordered to lie is otherwise provided for under that para- graph. STEVENS) submitted an amendment intended on the table. to be proposed to amendment SA 275 pro- SA 368. Mr. CARPER submitted an amend- posed by Mr. REID (for himself, Mr. ment intended to be proposed to amendment SA. 351. Mr. INOUYE (for himself and LIEBERMAN, and Ms. COLLINS) to the bill S. 4, SA 275 proposed by Mr. REID (for himself, Mr. Mr. STEVENS) submitted an amendment supra; which was ordered to lie on the table. LIEBERMAN, and Ms. COLLINS) to the bill S. 4, intended to be proposed to amendment SA 352. Mr. MENENDEZ proposed an supra; which was ordered to lie on the table. SA 275 proposed by Mr. REID (for him- amendment to amendment SA 275 proposed SA 369. Mr. CARPER submitted an amend- by Mr. REID (for himself, Mr. LIEBERMAN, and ment intended to be proposed to amendment self, Mr. LIEBERMAN, and Ms. COLLINS) Ms. COLLINS) to the bill S. 4, supra. SA 275 proposed by Mr. REID (for himself, Mr. to the bill S. 4, to make the United SA 353. Mr. BINGAMAN submitted an LIEBERMAN, and Ms. COLLINS) to the bill S. 4, States more secure by implementing amendment intended to be proposed to supra; which was ordered to lie on the table. unfinished recommendations of the 9/11 amendment SA 275 proposed by Mr. REID (for SA 370. Mr. BOND submitted an amend- Commission to fight the war on terror himself, Mr. LIEBERMAN, and Ms. COLLINS) to ment intended to be proposed to amendment more effectively, to improve homeland the bill S. 4, supra; which was ordered to lie SA 275 proposed by Mr. REID (for himself, Mr. security, and for other purposes; which on the table. LIEBERMAN, and Ms. COLLINS) to the bill S. 4, SA 354. Mr. LIEBERMAN (for Mr. MENEN- supra; which was ordered to lie on the table. was ordered to be on the table; as fol- DEZ) proposed an amendment to amendment SA 371. Mr. KOHL submitted an amend- lows: SA 275 proposed by Mr. REID (for himself, Mr. ment intended to be proposed to amendment On page 4, strike the item relating to sec- LIEBERMAN, and Ms. COLLINS) to the bill S. 4, SA 275 proposed by Mr. REID (for himself, Mr. tion 1366 and insert the following: supra. LIEBERMAN, and Ms. COLLINS) to the bill S. 4, SA 355. Ms. CANTWELL submitted an supra; which was ordered to lie on the table. Sec. 1366. In-line baggage system deploy- amendment intended to be proposed to SA 372. Mr. FEINGOLD (for himself, Mr. ment. amendment SA 275 proposed by Mr. REID (for CRAIG, Ms. MURKOWSKI, Mr. SPECTER, Mr. On page 5, after the item relating to sec- himself, Mr. LIEBERMAN, and Ms. COLLINS) to SALAZAR, Mr. DURBIN, Mr. SUNUNU, Mr. tion 1376, insert the following: the bill S. 4, supra; which was ordered to lie LEAHY, and Mr. HAGEL) submitted an amend- on the table. ment intended to be proposed to amendment Sec. 1377. Model ports-of-entry. SA 356. Ms. SNOWE (for herself and Mr. SA 275 proposed by Mr. REID (for himself, Mr. Sec. 1378. Law enforcement biometric cre- ROCKEFELLER) submitted an amendment in- LIEBERMAN, and Ms. COLLINS) to the bill S. 4, dential. tended to be proposed to amendment SA 275 supra; which was ordered to lie on the table. Sec. 1379. International registered traveler proposed by Mr. REID (for himself, Mr. f program. LIEBERMAN, and Ms. COLLINS) to the bill S. 4, Sec. 1380. Employee retention internship supra; which was ordered to lie on the table. TEXT OF AMENDMENTS SA 357. Mr. KYL proposed an amendment program. to amendment SA 275 proposed by Mr. REID SA. 349. Mr. BOND (for himself and On page 5, strike the items relating to sec- (for himself, Mr. LIEBERMAN, and Ms. COL- Mr. ROCKEFELLER) submitted an tions 1381 through 1384 and insert the fol- LINS) to the bill S . 4, supra. amendment intended to be proposed to lowing:

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2725 Sec. 1391. Interoperable emergency commu- ment’s layers of enhanced mobile security ‘‘(ii) provide a flexible solution for law en- nications. across the Nation’s transportation network forcement officers who need to be armed Sec. 1392. Rule of construction. and to support other homeland security pro- when traveling by air on a regular basis and Sec. 1393. Cross border interoperability re- grams, as deemed appropriate by the Sec- for those who need to be armed during tem- ports. retary; and porary travel assignments; Sec. 1394. Extension of short quorum. (2) may make available explosives detec- ‘‘(iii) be coordinated with other uniform On page 330, beginning in line 7, strike tion canine teams to all modes of transpor- credentialing initiatives including the ‘‘paragraph (2);’’ and insert ‘‘subsection (g);’’. tation, for areas of high risk or to address Homeland Security Presidential Directive 12; On page 332, strike lines 21 and 22 and in- specific threats, on an as-needed basis and as ‘‘(iv) be applicable for all Federal, State, sert the following: otherwise deemed appropriate by the Sec- local, tribal and territorial government law SEC. 1366. IN-LINE BAGGAGE SYSTEM DEPLOY- retary. enforcement agencies; and MENT. (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(v) establish a process by which the travel On page 337, line 5, strike ‘‘fully imple- There are authorized to be appropriated to credential or system may be used to verify ment’’ and insert ‘‘begin full implementation the Secretary of Homeland Security such the identity, using biometric technology, of of’’. sums as may be necessary to carry out this a Federal, State, local, tribal, or territorial On page 342, line 9, strike ‘‘47135(m));’’ and section. law enforcement officer seeking to carry a insert ‘‘47134(m));’’ SEC. 1377. MODEL PORTS-OF-ENTRY. weapon on board an aircraft, without unnec- On page 342, line 21, strike ‘‘47135(m)).’’ and (a) IN GENERAL.—The Secretary of Home- essarily disclosing to the public that the in- insert ‘‘47134(m)).’’ land Security shall— dividual is a law enforcement officer. On page 343, beginning in line 9, strike ‘‘to (1) establish a model ports-of-entry pro- ‘‘(C) PROCEDURES.—In establishing the pro- the Transportation Security Administration gram for the purpose of providing a more ef- gram, the Secretary shall develop proce- before entering United States airspace; and’’ ficient and courteous international visitor dures— and insert ‘‘at the same time as, and in con- screening process in order to facilitate and ‘‘(i) to ensure that only Federal, State, junction with, advance notification require- promote travel to the United States; and local, tribal, and territorial government law ments for Customs and Border Protection be- (2) implement the program initially at the enforcement officers with a specific need to fore entering United States airspace; and’’. 12 United States international airports with be armed when traveling by air are issued a On page 344, beginning with line 14, strike the greatest average annual number of arriv- law enforcement travel credential; through line 12 on page 345 and insert the fol- ing foreign visitors. ‘‘(II) to preserve the anonymity of the lowing: (b) PROGRAM ELEMENTS.—The program armed law enforcement officer without call- SEC. 1376. NATIONAL EXPLOSIVES DETECTION shall include— ing undue attention to the individual’s iden- CANINE TEAM TRAINING CENTER. (1) enhanced queue management in the tity; (a) IN GENERAL.— Federal Inspection Services area leading up ‘‘(iii) to resolve failures to enroll, false (1) INCREASED TRAINING CAPACITY.—Within to primary inspection; matches, and false non-matches relating to 180 days after the date of enactment of this (2) customer service training for Customs use of the law enforcement travel credential Act, the Secretary of Homeland Security and Border Protection officers (including or system; and shall begin to increase the capacity of the training in greeting arriving visitors) devel- ‘‘(iv) to invalidate any law enforcement Department of Homeland Security’s Na- oped in consultation with the Department of travel credential or system that is lost, sto- tional Explosives Detection Canine Team Commerce and the United States Travel and len, or no longer authorized for use. Program at Lackland Air Force Base to ac- Tourism Advisory Board, customer service ‘‘(D) FUNDING.—There are authorized to be commodate the training of up to 200 canine ratings for such officers’ periodic or annual appropriated to the Secretary such sums as teams annually by the end of calendar year reviews, and a requirement that officers pro- may be necessary to carry out this para- 2008. vide a self-addressed, postpaid customer graph.’’. (2) EXPANSION DETAILED REQUIREMENTS.— comment form; and (b) REPORT.—Within 180 days after imple- The expansion shall include upgrading exist- (3) instructional videos, in English and menting the national registered armed law ing facilities, procurement of additional ca- such other languages as the Secretary deter- enforcement program required by section nines, and increasing staffing and oversight mines appropriate, in the Federal Inspection 44903(h)(6) of title 49, United States Code, the commensurate with the increased training Services area that explain the United States Secretary of Homeland Security shall trans- and deployment capabilities required by inspection process and feature national, re- mit a report to the Senate Committee on paragraph (1). gional, or local welcome videos. Commerce, Science, and Transportation. If (3) ULTIMATE EXPANSION.—The Secretary (c) ADDITIONAL CUSTOMS AND BORDER PA- the Secretary has not implemented the pro- shall continue to increase the training ca- TROL OFFICERS FOR HIGH VOLUME PORTS.—Be- gram within 180 days after the date of enact- pacity and all other necessary program ex- fore the end of fiscal year 2008, the Secretary ment of this Act, the Secretary shall issue a pansions so that by December 31, 2009, the of Homeland Security shall employ an addi- report to the Committee within 180 days ex- number of canine teams sufficient to meet tional 200 Customs and Border Protection of- plaining the reasons for the failure to imple- the Secretary’s homeland security mission, ficers to address staff shortages at the 12 ment the program within the time required as determined by the Secretary on an annual busiest international gateway airports in the by that section, and a further report within basis, may be trained at this facility. United States. each successive 180-day period until the pro- (b) ALTERNATIVE TRAINING CENTERS.—Based (d) AUTHORIZATION OF APPROPRIATIONS.— gram is implemented explaining the reasons on feasibility and to meet the ongoing de- There are authorized to be appropriated to for such further delays in implementation mand for quality explosives detection ca- the Secretary of Homeland Security such until the program is implemented. The Sec- nines teams, the Secretary shall explore the sums as may be necessary to carry out this retary shall submit each report required by options of creating the following: section. this subsection in classified format. (1) A standardized Transportation Security SEC. 1378. LAW ENFORCEMENT BIOMETRIC CRE- Administration approved canine program DENTIAL. SEC. 1379. INTERNATIONAL REGISTERED TRAV- ELER PROGRAM. that private sector entities could use to pro- (a) IN GENERAL.—Paragraph (6) of section vide training for additional explosives detec- 44903(h) of title 49, United States Code, is (a) IN GENERAL.—Section 7208(k)(3) of the tion canine teams. For any such program, amended to read as follows: Intelligence Reform and Terrorism Preven- the Secretary— ‘‘(6) USE OF BIOMETRIC TECHNOLOGY FOR tion Act of 2004 (8 U.S.C. 1365b(k)(3)) is (A) may coordinate with key stakeholders, ARMED LAW ENFORCEMENT TRAVEL.— amended to read as follows: including international, Federal, State, ‘‘(A) IN GENERAL.—Not later than 1 year ‘‘(3) INTERNATIONAL REGISTERED TRAVELER local, private sector and academic entities, after the date of enactment of the Improving PROGRAM.— to develop best practice guidelines for such a America’s Security Act of 2007, the Sec- ‘‘(A) IN GENERAL.—The Secretary of Home- standardized program; retary of Homeland Security shall— land Security shall establish an inter- (B) shall require specific training criteria ‘‘(i) consult with the Attorney General national registered traveler program that in- to which private sector entities must adhere concerning implementation of this para- corporates available technologies, such as as a condition of participating in the pro- graph; biometrics and e-passports,and security gram; and ‘‘(ii) issue any necessary rulemaking to threat assessments to expedite the screening (C) shall review the status of these private implement this paragraph; and and processing of international travelers, in- sector programs on at least an annual basis. ‘‘(iii) establishing a national registered cluding United States Citizens and residents, (2) Expansion of explosives detection ca- armed law enforcement program for law en- who enter and exit the United States. The nine team training to at least 2 additional forcement officers needing to be armed when program shall be coordinated with the US national training centers, to be modeled traveling by air. VISIT program, other pre-screening initia- after the Center of Excellence established at ‘‘(B) PROGRAM REQUIREMENTS.—The pro- tives, and the visa waiver program within Lackland Air Force Base. gram shall— the Department of Homeland Security. (c ) DEPLOYMENT.—The Secretary— ‘‘(i) establish a credential or a system that ‘‘(B) FEES.—The Secretary may impose a (1) shall use the additional explosives de- incorporates biometric technology and other fee for the program and may modify the fee tection canine teams as part of the Depart- applicable technologies; from time to time. The fee may not exceed

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2726 CONGRESSIONAL RECORD — SENATE March 6, 2007 the aggregate costs associated with the pro- SEC. 1394. EXTENSION OF SHORT QUORUM. SEC. 804. PLAN FOR 100 PERCENT SCANNING OF gram and shall be credited to the Depart- CARGO CONTAINERS. ment of Homeland Security for purposes of SA 352. Mr. MENENDEZ proposed an Section 232(c) of the Security and Account- carrying out the program. Amounts so cred- amendment to amendment SA 275 pro- ability For Every Port Act (6 U.S.C. 982(c)) is ited shall remain available until expended. amended— posed by Mr. REID (for himself, Mr. ‘‘(C) RULEMAKING.—Within 180 days after (1) by striking ‘‘Not later’’ and inserting the date of enactment of the Improving LIEBERMAN, and Ms. COLLINS) to the the following: America’s Security Act of 2007, the Sec- bill S. 4, to make the United States ‘‘(1) IN GENERAL.—Not later’’; and retary shall initiate a rulemaking to estab- more secure by implementing unfin- (2) by inserting at the end the following lish the program, criteria for participation, ished recommendations of the 9/11 new paragraph: and the fee for the program. Commission to fight the war on terror ‘‘(2) PLAN FOR 100 PERCENT SCANNING OF ‘‘(D) IMPLEMENTATION.—Not later than 1 more effectively, to improve homeland CARGO CONTAINERS.— year after the date of enactment of the Im- security, and for other purposes; as fol- ‘‘(A) IN GENERAL.—The first report under proving America’s Security Act of 2007, the lows: paragraph (1) shall include an initial plan to Secretary shall establish a phased-imple- scan 100 percent of the cargo containers des- mentation of a biometric-based inter- On page 219, between lines 7 and 8, insert tined for the United States before such con- national registered traveler program in con- the following: tainers arrive in the United States. junction with the US VISIT entry and exit SEC. 804. PLAN FOR 100 PERCENT SCANNING OF ‘‘(B) PLAN CONTENTS.—The plan under para- system, other pre-screening initiatives, and CARGO CONTAINERS. graph (A) shall include— the visa waiver program within the Depart- (a) IN GENERAL.—Not later than 180 days ‘‘(i) specific annual benchmarks for the ment of Homeland Security at United States after the date of the enactment of this Act, percentage of cargo containers destined for airports with the highest volume of inter- the Secretary shall develop an initial plan to the United States that are scanned at a for- national travelers. scan 100 percent of the cargo containers des- eign port; ‘‘(E) PARTICIPATION.—The Secretary shall tined for the United States before such con- ‘‘(ii) annual increases in the benchmarks ensure that the international registered tainers arrive in the United States. described in clause (i) until 100 percent of the traveler program includes as many partici- (b) PLAN CONTENTS.—The plan developed cargo containers destined for the United pants as practicable by— under this section shall include— States are scanned before arriving in the ‘‘(i) establishing a reasonable cost of en- (1) specific annual benchmarks for— United States; rollment; (A) the percentage of cargo containers des- ‘‘(iii) the use of existing programs, includ- ‘‘(ii) making program enrollment conven- tined for the United States that are scanned ing the Container Security Initiative estab- ient and easily accessible; and at a foreign port; and lished by section 205 and the Customs–Trade ‘‘(iii) providing applicants with clear and (B) the percentage of cargo containers Partnership Against Terrorism established consistent eligibility guidelines. originating in the United States and des- by subtitle B, to reach the benchmarks de- ‘‘(F) TECHNOLOGIES.—The Secretary shall tined for a foreign port that are scanned in scribed in clause (i); and coordinate with the Secretary of State to de- a port in the United States before leaving ‘‘(iv) the use of scanning equipment, per- fine a schedule for their respective depart- the United States; sonnel, and technology to reach the goal of ments for the deployment of appropriate (2) annual increases in the benchmarks de- 100 percent scanning of cargo containers. technologies to begin capturing applicable scribed in paragraph (1) until 100 percent of ‘‘(C) SUBSEQUENT REPORTS.—Each report and sufficient biometrics from visa appli- the cargo containers destined for the United under paragraph (1) after the intial report cants and individuals seeking admission to States are scanned before arriving in the shall include an assessment of the progress the United States, if such visa applicant or United States; toward implementing the plan under sub- individual has not previously provided such (3) the use of existing programs, including paragraph (A).’’. information, at each consular location and the Container Security Initiative established port of entry. The Secretary of Homeland Se- by section 205 of the Security and Account- curity shall also coordinate with the Sec- ability For Every Port Act of 2006 (6 U.S.C. SA 355. Ms. CANTWELL submitted retary of State regarding the feasibility of 945) and the Customs–Trade Partnership an amendment intended to be proposed allowing visa applicants or individuals to en- Against Terrorism established by subtitle B to amendment SA 275 proposed by Mr. roll in the International Registered Traveler of title II of such Act (6 U.S.C. 961 et seq.), to REID (for himself, Mr. LIEBERMAN, and program at consular offices.’’. reach the benchmarks described in para- Ms. COLLINS) to the bill S. 4, to make SEC. 1380. EMPLOYEE RETENTION INTERNSHIP graph (1); and the United States more secure by im- PROGRAM. (4) the use of scanning equipment, per- plementing unfinished recommenda- The Assistant Secretary of Homeland Se- sonnel, and technology to reach the goal of tions of the 9/11 Commission to fight 100 percent scanning of cargo containers. curity (Transportation Security Administra- the war on terror more effectively, to tion), shall establish a pilot program at a SA 353. Mr. BINGAMAN submitted an improve homeland security, and for small hub airport, a medium hub airport, other purposes; which was ordered to and a large hub airport (as those terms are amendment intended to be proposed to defined in paragraphs (42), (31), and (29), re- amendment SA 275 proposed by Mr. lie on the table; as follows: spectively, of section 40102 of title 49, United REID (for himself, Mr. LIEBERMAN, and On page 111, line 10, before the semicolon States Code) for training students to perform Ms. COLLINS) to the bill S. 4, to make insert ‘‘regarding equipment and software’’. screening of passengers and property under the United States more secure by im- On page 113, between lines 23 and 24, insert section 44901 of title 49, United States Code. plementing unfinished recommenda- the following: The program shall be an internship for pre- tions of the 9/11 Commission to fight ‘‘(G) the extent to which a grant would employment training of final-year students minimize the need for local government from public and private secondary schools the war on terror more effectively, to improve homeland security, and for agencies to replace communications equip- located in nearby communities. Under the ment; program, participants shall be— other purposes; which was ordered to On page 122, between lines 20 and 21, insert (1) compensated for training and services be on the table; as follows: the following: time while participating in the program: and On page 150, line 10, after ‘‘section 1016’’ in- (d) SAFECOM.—Not later than 6 months (2) required to agree, as a condition of par- sert ‘‘and information use, collection, stor- after the date of enactment of this Act, the ticipation in the program, to accept employ- age, and disclosure’’. ment as a screener upon successful comple- Secretary shall revise the recommended grant guidance for emergency response com- tion of the internship and upon graduation SA 354. Mr. LIEBERMAN (for Mr. from the secondary school. munications and interoperability grants MENENDEZ) proposed an amendment to under the SAFECOM Program of the Depart- On page 345, strike lines 15 and 16, and in- amendment SA 275 proposed by Mr. sert the following: ment to ensure that it— REID (for himself, Mr. LIEBERMAN, and (1) is technology neutral; SEC. 1391. INTEROPERABLE EMERGENCY COM- (2) supports a system-of-systems approach; MUNICATIONS. Ms. COLLINS) to the bill S. 4, to make and On page 358, strike line 19 and insert the the United States more secure by im- plementing unfinished recommenda- (3) is representative of open-standards following: based software and equipment. SEC. 1392. RULE OF CONSTRUCTION. tions of the 9/11 Commission to fight (e) EVALUATION OF DEPARTMENT OF DE- On page 359, strike line 7 and insert the fol- the war on terror more effectively, to improve homeland security, and for FENSE COMMUNICATIONS SYSTEMS.—Section lowing: 1803(d) of the Homeland Security Act of 2002 SEC. 1393. CROSS BORDER INTEROPERABILITY other purposes; which was ordered to (6 U.S.C. 573(d)) is amended by striking para- REPORTS. be on the table; as follows: graph (4) and inserting the following: On page 361, strike line 14 and insert the On page 219, between lines 7 and 8, insert ‘‘(4) a list of best practices relating to the following: the following: ability to continue to communicate and to

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2727 provide and maintain interoperable emer- ‘‘(3) provide a means for keeping the Direc- with generally accepted government audit- gency communications in the event of nat- tor of National Intelligence fully and cur- ing standards. ural disasters, acts of terrorism, or other rently informed about— ‘‘(e) LIMITATIONS ON ACTIVITIES.—(1) The man-made disasters, including— ‘‘(A) problems and deficiencies relating to Director of National Intelligence may pro- ‘‘(A) an evaluation, in consultation with the administration and implementation of hibit the Inspector General of the Intel- the Secretary of Defense, of technological such programs and operations, and to such ligence Community from initiating, carrying approaches used by the Armed Forces of the relationships; and out, or completing any investigation, inspec- United States to achieve interoperable com- ‘‘(B) the necessity for, and the progress of, tion, or audit if the Director determines that munications and the applicability of such ap- corrective actions; and such prohibition is necessary to protect vital proaches to addressing the interoperable ‘‘(4) in the manner prescribed by this sec- national security interests of the United emergency communications needs of Federal tion, ensure that the congressional intel- States. agencies and State, local, and tribal govern- ligence committees are kept similarly in- ‘‘(2) If the Director exercises the authority ments; and formed of— under paragraph (1), the Director shall sub- ‘‘(B) an evaluation of the feasibility and ‘‘(A) significant problems and deficiencies mit an appropriately classified statement of desirability of the Department developing, relating to the administration and imple- the reasons for the exercise of such author- on its own or in conjunction with the De- mentation of such programs and operations, ity within seven days to the congressional partment of Defense, a mobile communica- and to such relationships; and intelligence committees. tions capability, modeled on the Army Sig- ‘‘(B) the necessity for, and the progress of, ‘‘(3) The Director shall advise the Inspector nal Corps, that could be deployed to support corrective actions. General at the time a report under para- emergency communications at the site of ‘‘(c) INSPECTOR GENERAL OF INTELLIGENCE graph (2) is submitted, and, to the extent natural disasters, acts of terrorism, or other COMMUNITY.—(1) There is an Inspector Gen- consistent with the protection of intel- man-made disasters.’’. eral of the Intelligence Community, who ligence sources and methods, provide the In- On page 124, line 7, after ‘‘equipment’’ in- shall be the head of the Office of the Inspec- spector General with a copy of such report. sert ‘‘and software’’. tor General of the Intelligence Community, ‘‘(4) The Inspector General may submit to On page 124, line 8, after ‘‘identity’’ insert who shall be appointed by the President, by the congressional intelligence committees ‘‘equipment and software’’. and with the advice and consent of the Sen- any comments on a report of which the In- ate. On page 124, line 14, after ‘‘training’’ insert spector General has notice under paragraph ‘‘(2) The nomination of an individual for ‘‘, software,’’. (3) that the Inspector General considers ap- appointment as Inspector General shall be propriate. On page 124, line 18, after ‘‘equipment’’ in- made— sert ‘‘and software’’. ‘‘(f) AUTHORITIES.—(1) The Inspector Gen- ‘‘(A) without regard to political affiliation; eral of the Intelligence Community shall ‘‘(B) solely on the basis of integrity, com- SA 356. Ms. SNOWE (for herself and have direct and prompt access to the Direc- pliance with the security standards of the in- tor of National Intelligence when necessary Mr. ROCKEFELLER) submitted an telligence community, and prior experience for any purpose pertaining to the perform- amendment intended to be proposed to in the field of intelligence or national secu- ance of the duties of the Inspector General. amendment SA 275 proposed by Mr. rity; and ‘‘(2)(A) The Inspector General shall have REID (for himself, Mr. LIEBERMAN, and ‘‘(C) on the basis of demonstrated ability access to any employee, or any employee of Ms. COLLINS) to the bill S. 4, to make in accounting, financial analysis, law, man- a contractor, of any element of the intel- the United States more secure by im- agement analysis, public administration, or ligence community whose testimony is need- auditing. ed for the performance of the duties of the plementing unfinished recommenda- ‘‘(3) The Inspector General shall report di- tions of the 9/11 Commission to fight Inspector General. rectly to and be under the general super- ‘‘(B) The Inspector General shall have di- the war on terror more effectively, to vision of the Director of National Intel- rect access to all records, reports, audits, re- improve homeland security, and for ligence. views, documents, papers, recommendations, ‘‘(4) The Inspector General may be removed other purposes; which was ordered to or other material which relate to the pro- from office only by the President. The Presi- lie on the table; as follows: dent shall immediately communicate in grams and operations with respect to which At the appropriate place, insert the fol- writing to the congressional intelligence the Inspector General has responsibilities lowing: committees the reasons for the removal of under this section. ‘‘(C) The level of classification or SEC. ll. INSPECTOR GENERAL OF THE INTEL- any individual from the position of Inspector LIGENCE COMMUNITY. General. compartmentation of information shall not, in and of itself, provide a sufficient rationale (a) ESTABLISHMENT.—(1) Title I of the Na- ‘‘(d) DUTIES AND RESPONSIBILITIES.—Sub- tional Security Act of 1947 (50 U.S.C. 402 et ject to subsections (g) and (h), it shall be the for denying the Inspector General access to seq.) is amended by inserting after section duty and responsibility of the Inspector Gen- any materials under subparagraph (B). ‘‘(D) Failure on the part of any employee, 103G the following new section: eral of the Intelligence Community— ‘‘(1) to provide policy direction for, and to or any employee of a contractor, of any ele- ‘‘INSPECTOR GENERAL OF THE INTELLIGENCE plan, conduct, supervise, and coordinate ment of the intelligence community to co- COMMUNITY independently, the investigations, inspec- operate with the Inspector General shall be ‘‘SEC. 103H. (a) OFFICE OF INSPECTOR GEN- tions, and audits relating to the programs grounds for appropriate administrative ac- ERAL OF INTELLIGENCE COMMUNITY.—There is and operations of the intelligence commu- tions by the Director or, on the rec- within the Office of the Director of National nity, the elements of the intelligence com- ommendation of the Director, other appro- Intelligence an Office of the Inspector Gen- munity within the National Intelligence Pro- priate officials of the intelligence commu- eral of the Intelligence Community. gram, and the relationships between the ele- nity, including loss of employment or the ‘‘(b) PURPOSE.—The purpose of the Office of ments of the intelligence community within termination of an existing contractual rela- the Inspector General of the Intelligence the National Intelligence Program and the tionship. Community is to— other elements of the intelligence commu- ‘‘(3) The Inspector General is authorized to ‘‘(1) create an objective and effective of- nity to ensure they are conducted efficiently receive and investigate complaints or infor- fice, appropriately accountable to Congress, and in accordance with applicable law and mation from any person concerning the ex- to initiate and conduct independently inves- regulations; istence of an activity constituting a viola- tigations, inspections, and audits relating ‘‘(2) to keep the Director of National Intel- tion of laws, rules, or regulations, or mis- to— ligence fully and currently informed con- management, gross waste of funds, abuse of ‘‘(A) the programs and operations of the in- cerning violations of law and regulations, authority, or a substantial and specific dan- telligence community; violations of civil liberties and privacy, and ger to the public health and safety. Once ‘‘(B) the elements of the intelligence com- fraud and other serious problems, abuses, such complaint or information has been re- munity within the National Intelligence Pro- and deficiencies that may occur in such pro- ceived from an employee of the Federal Gov- gram; and grams and operations, and in such relation- ernment— ‘‘(C) the relationships between the ele- ships, and to report the progress made in im- ‘‘(A) the Inspector General shall not dis- ments of the intelligence community within plementing corrective action; close the identity of the employee without the National Intelligence Program and the ‘‘(3) to take due regard for the protection the consent of the employee, unless the In- other elements of the intelligence commu- of intelligence sources and methods in the spector General determines that such disclo- nity; preparation of all reports issued by the In- sure is unavoidable during the course of the ‘‘(2) recommend policies designed— spector General, and, to the extent con- investigation or the disclosure is made to an ‘‘(A) to promote economy, efficiency, and sistent with the purpose and objective of official of the Department of Justice respon- effectiveness in the administration and im- such reports, take such measures as may be sible for determining whether a prosecution plementation of such programs and oper- appropriate to minimize the disclosure of in- should be undertaken; and ations, and in such relationships; and telligence sources and methods described in ‘‘(B) no action constituting a reprisal, or ‘‘(B) to prevent and detect fraud and abuse such reports; and threat of reprisal, for making such com- in such programs, operations, and relation- ‘‘(4) in the execution of the duties and re- plaint may be taken by any employee in a ships; sponsibilities under this section, to comply position to take such actions, unless the

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2728 CONGRESSIONAL RECORD — SENATE March 6, 2007 complaint was made or the information was munity shall be provided with appropriate made by the Inspector General during the pe- disclosed with the knowledge that it was and adequate office space at central and field riod covered by such report with respect to false or with willful disregard for its truth or office locations, together with such equip- significant problems, abuses, or deficiencies falsity. ment, office supplies, maintenance services, identified in clause (ii). ‘‘(4) The Inspector General shall have au- and communications facilities and services ‘‘(iv) A statement whether or not correc- thority to administer to or take from any as may be necessary for the operation of tive or disciplinary action has been com- person an oath, affirmation, or affidavit, such offices. pleted on each significant recommendation whenever necessary in the performance of ‘‘(2)(A) Subject to applicable law and the described in previous semiannual reports, the duties of the Inspector General, which policies of the Director of National Intel- and, in a case where corrective action has oath, affirmation, or affidavit when adminis- ligence, the Inspector General shall select, been completed, a description of such correc- tered or taken by or before an employee of appoint, and employ such officers and em- tive action. the Office of the Inspector General of the In- ployees as may be necessary to carry out the ‘‘(v) A certification whether or not the In- telligence Community designated by the In- functions of the Inspector General. The In- spector General has had full and direct ac- spector General shall have the same force spector General shall ensure that any officer cess to all information relevant to the per- and effect as if administered or taken by or or employee so selected, appointed, or em- formance of the functions of the Inspector ployed has security clearances appropriate before an officer having a seal. General. for the assigned duties of such officer or em- ‘‘(5)(A) Except as provided in subparagraph ‘‘(vi) A description of the exercise of the ployee. (B), the Inspector General is authorized to subpoena authority under subsection (f)(5) by require by subpoena the production of all in- ‘‘(B) In making selections under subpara- graph (A), the Inspector General shall ensure the Inspector General during the period cov- formation, documents, reports, answers, ered by such report. records, accounts, papers, and other data and that such officers and employees have the requisite training and experience to enable ‘‘(vii) Such recommendations as the In- documentary evidence necessary in the per- spector General considers appropriate for formance of the duties and responsibilities of the Inspector General to carry out the duties of the Inspector General effectively. legislation to promote economy, efficiency, the Inspector General. and effectiveness in the administration and ‘‘(B) In the case of departments, agencies, ‘‘(C) In meeting the requirements of this implementation of programs and operations and other elements of the United States Gov- paragraph, the Inspector General shall cre- undertaken by the intelligence community, ernment, the Inspector General shall obtain ate within the Office of the Inspector Gen- information, documents, reports, answers, eral of the Intelligence Community a career and in the relationships between elements of records, accounts, papers, and other data and cadre of sufficient size to provide appro- the intelligence community, and to detect evidence for the purpose specified in sub- priate continuity and objectivity needed for and eliminate fraud and abuse in such pro- paragraph (A) using procedures other than the effective performance of the duties of the grams and operations and in such relation- by subpoenas. Inspector General. ships. ‘‘(C) The Inspector General may not issue a ‘‘(3)(A) Subject to the concurrence of the ‘‘(C) Not later than the 30 days after the subpoena for or on behalf of any other ele- Director, the Inspector General may request date of receipt of a report under subpara- ment of the intelligence community, includ- such information or assistance as may be graph (A), the Director shall transmit the re- ing the Office of the Director of National In- necessary for carrying out the duties and re- port to the congressional intelligence com- telligence. sponsibilities of the Inspector General from mittees together with any comments the Di- ‘‘(D) In the case of contumacy or refusal to any department, agency, or other element of rector considers appropriate. obey a subpoena issued under this paragraph, the United States Government. ‘‘(2)(A) The Inspector General shall report the subpoena shall be enforceable by order of ‘‘(B) Upon request of the Inspector General immediately to the Director whenever the any appropriate district court of the United for information or assistance under subpara- Inspector General becomes aware of particu- States. graph (A), the head of the department, agen- ‘‘(g) COORDINATION AMONG INSPECTORS GEN- cy, or element concerned shall, insofar as is larly serious or flagrant problems, abuses, or ERAL OF INTELLIGENCE COMMUNITY.—(1) In practicable and not in contravention of any deficiencies relating to the administration the event of a matter within the jurisdiction existing statutory restriction or regulation and implementation of programs or oper- of the Inspector General of the Intelligence of the department, agency, or element, fur- ations of the intelligence community or in Community that may be subject to an inves- nish to the Inspector General, or to an au- the relationships between elements of the in- tigation, inspection, or audit by both the In- thorized designee, such information or as- telligence community. spector General of the Intelligence Commu- sistance. ‘‘(B) The Director shall transmit to the nity and an Inspector General, whether stat- ‘‘(C) The Inspector General of the Intel- congressional intelligence committees each utory or administrative, with oversight re- ligence Community may, upon reasonable report under subparagraph (A) within seven sponsibility for an element or elements of notice to the head of any element of the in- calendar days of receipt of such report, to- the intelligence community, the Inspector telligence community, conduct, as author- gether with such comments as the Director General of the Intelligence Community and ized by this section, an investigation, inspec- considers appropriate. such other Inspector or Inspectors General tion, or audit of such element and may enter into any place occupied by such element for ‘‘(3) In the event that— shall expeditiously resolve which Inspector ‘‘(A) the Inspector General is unable to re- General shall conduct such investigation, in- purposes of the performance of the duties of solve any differences with the Director af- spection, or audit. the Inspector General. fecting the execution of the duties or respon- ‘‘(2) The Inspector General conducting an ‘‘(i) REPORTS.—(1)(A) The Inspector Gen- investigation, inspection, or audit covered eral of the Intelligence Community shall, sibilities of the Inspector General; by paragraph (1) shall submit the results of not later than January 31 and July 31 of each ‘‘(B) an investigation, inspection, or audit such investigation, inspection, or audit to year, prepare and submit to the Director of carried out by the Inspector General focuses any other Inspector General, including the National Intelligence a classified, and, as ap- on any current or former intelligence com- Inspector General of the Intelligence Com- propriate, unclassified semiannual report munity official who— munity, with jurisdiction to conduct such in- summarizing the activities of the Office of ‘‘(i) holds or held a position in an element vestigation, inspection, or audit who did not the Inspector General of the Intelligence of the intelligence community that is sub- conduct such investigation, inspection, or Community during the immediately pre- ject to appointment by the President, wheth- audit. ceding 6-month periods ending December 31 er or not by and with the advice and consent ‘‘(3)(A) If an investigation, inspection, or (of the preceding year) and June 30, respec- of the Senate, including such a position held audit covered by paragraph (1) is conducted tively. on an acting basis; by an Inspector General other than the In- ‘‘(B) Each report under this paragraph ‘‘(ii) holds or held a position in an element spector General of the Intelligence Commu- shall include, at a minimum, the following: of the intelligence community, including a nity, the Inspector General of the Intel- ‘‘(i) A list of the title or subject of each in- position held on an acting basis, that is ap- ligence Community may, upon completion of vestigation, inspection, or audit conducted pointed by the Director of National Intel- such investigation, inspection, or audit by during the period covered by such report, in- ligence; or such other Inspector General, conduct under cluding a summary of the progress of each ‘‘(iii) holds or held a position as head of an this section a separate investigation, inspec- particular investigation, inspection, or audit element of the intelligence community or a tion, or audit of the matter concerned if the since the preceding report of the Inspector position covered by subsection (b) or (c) of Inspector General of the Intelligence Com- General under this paragraph. section 106; munity determines that such initial inves- ‘‘(ii) A description of significant problems, ‘‘(C) a matter requires a report by the In- tigation, inspection, or audit was deficient in abuses, and deficiencies relating to the ad- spector General to the Department of Jus- some manner or that further investigation, ministration and implementation of pro- tice on possible criminal conduct by a cur- inspection, or audit is required. grams and operations of the intelligence rent or former official described in subpara- ‘‘(B) This paragraph shall not apply to the community, and in the relationships between graph (B); Inspector General of the Department of De- elements of the intelligence community, ‘‘(D) the Inspector General receives notice fense or to any other Inspector General with- identified by the Inspector General during from the Department of Justice declining or in the Department of Defense. the period covered by such report. approving prosecution of possible criminal ‘‘(h) STAFF AND OTHER SUPPORT.—(1) The ‘‘(iii) A description of the recommenda- conduct of any current or former official de- Inspector General of the Intelligence Com- tions for corrective or disciplinary action scribed in subparagraph (B); or

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‘‘(E) the Inspector General, after exhaust- involving classified information, but does (c) REPORTS ON DATA MINING ACTIVITIES BY ing all possible alternatives, is unable to ob- not include differences of opinions con- FEDERAL AGENCIES.— tain significant documentary information in cerning public policy matters. (1) REQUIREMENT FOR REPORT.—The head of the course of an investigation, inspection, or ‘‘(ii) A false statement to Congress, or a each department or agency of the Federal audit, willful withholding from Congress, on an Government that is engaged in any activity the Inspector General shall immediately no- issue of material fact relating to the fund- to use or develop data mining shall submit a tify and submit a report on such matter to ing, administration, or operation of an intel- report to Congress on all such activities of the congressional intelligence committees. ligence activity. the department or agency under the jurisdic- ‘‘(4) Pursuant to title V, the Director shall ‘‘(iii) An action, including a personnel ac- tion of that official. The report shall be submit to the congressional intelligence tion described in section 2302(a)(2)(A) of title made available to the public, except for a committees any report or findings and rec- 5, United States Code, constituting reprisal classified annex described in paragraph ommendations of an investigation, inspec- or threat of reprisal prohibited under sub- (2)(H). tion, or audit conducted by the Office of the section (f)(3)(B) in response to an employee’s Inspector General which has been requested reporting an urgent concern in accordance (2) CONTENT OF REPORT.—Each report sub- by the Chairman or Vice Chairman or Rank- with this paragraph. mitted under paragraph (1) shall include, for ing Minority Member of either committee. ‘‘(H) In support of this paragraph, Congress each activity to use or develop data mining, ‘‘(5)(A) An employee of an element of the makes the findings set forth in paragraphs the following information: intelligence community, an employee as- (1) through (6) of section 701(b) of the Intel- (A) A thorough description of the data signed or detailed to an element of the intel- ligence Community Whistleblower Protec- mining activity, its goals, and, where appro- ligence community, or an employee of a con- tion Act of 1998 (title VII of Public Law 105– priate, the target dates for the deployment tractor to the intelligence community who 272; 5 U.S.C. App. 8H note). of the data mining activity. intends to report to Congress a complaint or ‘‘(6) In accordance with section 535 of title information with respect to an urgent con- 28, United States Code, the Inspector General (B) A thorough description, consistent cern may report such complaint or informa- shall report to the Attorney General any in- with the protection of existing patents, pro- tion to the Inspector General. formation, allegation, or complaint received prietary business processes, trade secrets, ‘‘(B) Not later than the end of the 14-cal- by the Inspector General relating to viola- and intelligence sources and methods, of the endar day period beginning on the date of re- tions of Federal criminal law that involves a data mining technology that is being used or ceipt from an employee of a complaint or in- program or operation of an element of the will be used, including the basis for deter- formation under subparagraph (A), the In- intelligence community, or in the relation- mining whether a particular pattern or spector General shall determine whether the ships between the elements of the intel- anomaly is indicative of terrorist or crimi- complaint or information appears credible. ligence community, consistent with such nal activity. Upon making such a determination, the In- guidelines as may be issued by the Attorney spector General shall transmit to the Direc- General pursuant to subsection (b)(2) of such tor a notice of that determination, together section. A copy of each such report shall be SA 358. Mrs. MURRAY submitted an with the complaint or information. furnished to the Director. amendment intended to be proposed by ‘‘(C) Upon receipt of a transmittal from the ‘‘(j) SEPARATE BUDGET ACCOUNT.—The Di- her to the bill S. 4, to make the United Inspector General under subparagraph (B), rector of National Intelligence shall, in ac- States more secure by implementing cordance with procedures to be issued by the the Director shall, within seven calendar unfinished recommendations of the 9/11 days of such receipt, forward such trans- Director in consultation with the congres- mittal to the congressional intelligence com- sional intelligence committees, include in Commission to fight the war on terror mittees, together with any comments the Di- the National Intelligence Program budget a more effectively, to improve homeland rector considers appropriate. separate account for the Office of Inspector security, and for other purposes; which ‘‘(D)(i) If the Inspector General does not General of the Intelligence Community. was ordered to lie on the table; as fol- ‘‘(k) CONSTRUCTION OF DUTIES REGARDING find credible under subparagraph (B) a com- lows: plaint or information submitted under sub- ELEMENTS OF INTELLIGENCE COMMUNITY.—Ex- paragraph (A), or does not transmit the com- cept as resolved pursuant to subsection (g), At the appropriate place, insert the fol- plaint or information to the Director in ac- the performance by the Inspector General of lowing: curate form under subparagraph (B), the em- the Intelligence Community of any duty, re- SEC. ll. PILOT PROJECT TO REDUCE THE NUM- ployee (subject to clause (ii)) may submit sponsibility, or function regarding an ele- ment of the intelligence community shall BER OF TRANSPORTATION SECU- the complaint or information to Congress by RITY OFFICERS AT AIRPORT EXIT contacting either or both of the congres- not be construed to modify or effect the du- LANES. sional intelligence committees directly. ties and responsibilities of any other Inspec- ‘‘(ii) An employee may contact the con- tor General, whether statutory or adminis- (a) IN GENERAL.—The Administrator of the gressional intelligence committees directly trative, having duties and responsibilities re- Transportation Security Administration (re- as described in clause (i) only if the em- lating to such element.’’. ferred to in this section as the ‘‘Adminis- ployee— (2) The table of contents in the first sec- trator’’) shall conduct a pilot program to ‘‘(I) before making such a contact, fur- tion of the National Security Act of 1947 is identify technological solutions for reducing nishes to the Director, through the Inspector amended by inserting after the item relating the number of Transportation Security Ad- General, a statement of the employee’s com- to section 103G the following new item: ministration employees at airport exit lanes. ‘‘Sec. 103H. Inspector General of the Intel- plaint or information and notice of the em- (b) PROGRAM COMPONENTS.—In conducting ployee’s intent to contact the congressional ligence Community.’’. the pilot program under this section, the Ad- intelligence committees directly; and (b) REPEAL OF SUPERSEDED AUTHORITY TO ministrator shall— ‘‘(II) obtains and follows from the Director, ESTABLISH POSITION.—Section 8K of the In- (1) utilize different technologies that pro- through the Inspector General, direction on spector General Act of 1978 (5 U.S.C. App.) is tect the integrity of the airport exit lanes how to contact the congressional intel- repealed. from unauthorized entry; and (c) EXECUTIVE SCHEDULE LEVEL IV.—Sec- ligence committees in accordance with ap- tion 5315 of title 5, United States Code, is (2) work with airport officials to deploy propriate security practices. such technologies in multiple configurations ‘‘(iii) A member or employee of one of the amended by adding at the end the following new item: at selected airports at which at least 75 per- congressional intelligence committees who cent of the exits are not co-located with a receives a complaint or information under ‘‘Inspector General of the Intelligence screening checkpoint. clause (i) does so in that member or employ- Community.’’. (c) REPORTS.— ee’s official capacity as a member or em- ployee of such committee. SA 357. Mr. KYL proposed an amend- (1) INITIAL REPORT.—Not later than 90 days ‘‘(E) The Inspector General shall notify an ment to amendment SA 275 proposed after the enactment of this Act, the Admin- employee who reports a complaint or infor- by Mr. REID (for himself, Mr. istrator shall submit a report to the congres- mation to the Inspector General under this LIEBERMAN, and Ms. COLLINS) to the sional committees set forth in paragraph (3) paragraph of each action taken under this bill S. 4, to make the United States that describes— paragraph with respect to the complaint or (A) the airports selected to participate in more secure by implementing unfin- the pilot program; information. Such notice shall be provided ished recommendations of the 9/11 not later than 3 days after any such action is (B) the potential savings from imple- taken. Commission to fight the war on terror menting the technologies at selected airport ‘‘(F) An action taken by the Director or more effectively, to improve homeland exits; and the Inspector General under this paragraph security, and for other purposes; as fol- (C) the types of configurations expected to shall not be subject to judicial review. lows: be deployed at such airports. ‘‘(G) In this paragraph, the term ‘urgent At page 174, strike line 1 and all that fol- (2) FINAL REPORT.—Not later than 1 year concern’ means any of the following: lows through page 175, line 18, and insert the after the technologies are deployed at the ‘‘(i) A serious or flagrant problem, abuse, following: airports participating in the pilot program, violation of law or Executive order, or defi- The terms ‘‘data-mining’’ and ‘‘database’’ the Administrator shall submit a final report ciency relating to the funding, administra- have the same meaning as in 126(b) of Public to the congressional committees described in tion, or operation of an intelligence activity Law 109–177. paragraph (3) that describes—

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Middle East, and Asia; (C) the efficacy of the program and its ap- (2) The United Nations Security Council (2) as a result of the failure of Iran to com- plicability to other airports in the United unanimously passed Security Council Reso- ply with United Nations Security Resolution States. lution 1737 on December 23, 2006, which im- 1737 (2006), the United Nations Security (3) CONGRESSIONAL COMMITTEES.—The re- posed sanctions on trade and expertise re- Council should implement additional sanc- ports required under this subsection shall be lated to the nuclear infrastructure of Iran tions in order to persuade Iran to comply submitted to— and the transfer to Iran of International with requirements imposed by the Inter- (A) the Committee on Commerce, Science, Atomic Energy Agency technical aid. national Atomic Energy Agency; and Transportation of the Senate; (3) United Nations Security Council Reso- (3) full economic sanctions, uniformly im- (B) the Committee on Appropriations of lution 1737 (2006) states that if Iran refuses to posed by the entire international commu- the Senate; comply with the Resolution within 60 days, nity, including Russia and China, offer the (C) the Committee on Homeland Security the Security Council ‘‘shall adopt further ap- best opportunity to bring about significant and Governmental Affairs of the Senate; propriate measures under Article 41 of Chap- change in Iran to prevent the development of (D) the Committee on Homeland Security ter VII of the Charter of the United Nations a nuclear weapon in Iran; and of the House of Representatives; and to persuade Iran to comply with this resolu- (4) the elimination of the threat of a nu- (E) the Committee on Appropriations of tion and the requirements of the IAEA, and clear Iran is in the long term interest of the the House of Representatives. underlines that further decisions will be re- people of Iran, the region, and the world. (d) AUTHORIZATION OF APPROPRIATIONS.— quired should such additional measures be There are authorized to be appropriated necessary’’. SA 361. Mr. LIEBERMAN (for himself $6,000,000 for each of the fiscal years 2008 and (4) According to a report issued by the and Mr. MCCAIN) submitted an amend- 2009 to carry out this section. International Atomic Energy Agency on ment intended to be proposed to February 21, 2007, Iran failed to comply with amendment SA 275 proposed by Mr. SA 359. Mr. LAUTENBERG sub- United Nations Resolution 1737 within 60 REID (for himself, Mr. LIEBERMAN, and mitted an amendment intended to be days. Ms. COLLINS) to the bill S. 4, to make (5) The refusal of the Government of Iran proposed to amendment SA 275 pro- the United States more secure by im- posed by Mr. REID (for himself, Mr. to comply with International Atomic Energy Agency orders to prove the peaceful intent of plementing unfinished recommenda- LIEBERMAN, and Ms. COLLINS) to the tions of the 9/11 Commission to fight bill S. 4, to make the United States its nuclear program and with United Nations Security Council Resolution 1737 (2006) indi- the war on terror more effectively, to more secure by implementing unfin- cates that the efforts of the Government of improve homeland security, and for ished recommendations of the 9/11 Iran toward uranium enrichment are not for other purposes; which was ordered to Commission to fight the war on terror peaceful means. lie on the table; as follows: more effectively, to improve homeland (6) The Government of Iran has contrib- At the end, add the following new title: security, and for other purposes; which uted to instability in the Middle East and was ordered to lie on the table; as fol- has shown itself unwilling to use its influ- TITLE XVI—ADVANCEMENT OF DEMOCRATIC VALUES lows: ence to support peaceful transformation in the region, including through the following SECTION 1601. SHORT TITLE. At the appropriate place, insert the fol- actions: This title may be cited as the ‘‘Advance lowing: (A) The Government of Iran has dem- Democratic Values, Address Non-democratic SEC. ———. DHS INSPECTOR GENERAL REPORT onstrated its ability to strike United States Countries, and Enhance Democracy Act of ON HIGHWAY WATCH GRANT PRO- military forces and allies in the Middle East 2007’’ or the ‘‘ADVANCE Democracy Act of GRAM. with missiles. 2007’’. Within 90 days after the date of enactment (B) Weapons produced in Iran have moved of this Act, the Inspector General of the De- SEC. 1602. FINDINGS. into Iraq and other countries in the region in partment of Homeland Security shall submit Congress finds that in order to support the support of violent religious extremism, a a report to the Senate Committee on Com- expansion of freedom and democracy in the practice which the Government of Iran is ei- merce, Science, and Transportation on the world, the foreign policy of the United ther incapable or unwilling to stop. Trucking Security Grant Program for fiscal States should be organized in support of (C) President Ahmadinejad continues to as- years 2004 and 2005 that— transformational diplomacy that seeks to sert that Israel will be ‘‘wiped off the map’’ (1) addresses the grant announcement, ap- work through partnerships to build and sus- and consistently denies the existence of the plication, receipt, review, award, moni- tain democratic, well-governed states that holocaust, as evidenced through hosting an toring, and closeout processes; and will respect human rights and respond to the ‘‘International Conference to Review the (2) states the amount obligated or ex- needs of their people and conduct themselves Global Vision of the Holocaust’’ on Decem- pended under the program for fiscal years responsibly in the international system. ber 11, 2006. 2004 and 2005 for— SEC. 1603. STATEMENT OF POLICY. (7) John Michael McConnell, Director of (A) infrastructure protection; It should be the policy of the United National Intelligence, indicated in a hearing (B) training; States— of the Committee on Armed Services of the (C) equipment; (1) to promote freedom and democracy in Senate on February 27, 2007, that economic (D) educational materials; foreign countries as a fundamental compo- sanctions on Iran uniformly applied by the (E) program administration; nent of the foreign policy of the United international community could have a major (E) marketing; and States; effect on the economy of Iran. (F) other functions. (2) to affirm internationally recognized (8) The placement and implementation of human rights standards and norms and to SA 360. Mr. GRAHAM (for himself sanctions on countries such as North Korea condemn offenses against those rights; and Libya have made progress in bringing (3) to use instruments of United States in- and Mr. BROWNBACK) submitted an about change. amendment intended to be proposed to fluence to support, promote, and strengthen (9) Despite the release of an internal Euro- democratic principles, practices, and values, amendment SA 275 proposed by Mr. pean Union document dated February 7, 2007, including the right to free, fair, and open REID (for himself, Mr. LIEBERMAN, and which indicated that European Union offi- elections, secret balloting, and universal suf- Ms. COLLINS) to the bill S. 4, to make cials believe that preventing Iran from de- frage; the United States more secure by im- veloping a nuclear weapon is not likely, on (4) to protect and promote fundamental plementing unfinished recommenda- February 12, 2007 the European Union agreed, freedoms and rights, including the freedom tions of the 9/11 Commission to fight in compliance with United Nations Security of association, of expression, of the press, Council Resolution 1737 (2006), to impose lim- and of religion, and the right to own private the war on terror more effectively, to ited sanctions on Iran in order to prevent the improve homeland security, and for property; sale of materials and technology that could (5) to protect and promote respect for and other purposes; which was ordered to be used in Iran’s nuclear program. adherence to the rule of law; be on the table; as follows: (10) Full economic sanctions on the part of (6) to provide appropriate support to non- At the end of title XV, add the following the entire international community have not governmental organizations working to pro- new section: been applied to Iran. mote freedom and democracy; SEC. 1505. SENSE OF CONGRESS ON THE NU- (b) SENSE OF CONGRESS.—It is the sense of (7) to provide political, economic, and CLEAR PROGRAM OF IRAN. Congress that— other support to countries that are willingly (a) FINDINGS.—Congress makes the fol- (1) the nuclear program of the Government undertaking a transition to democracy; lowing findings: of Iran continues to be of grave concern and (8) to commit to the long-term challenge of (1) President of Iran Mahmoud should be considered a serious threat to the promoting universal democracy; and Ahmadinejad refuses to abandon the ura- United States and its military forces and (9) to strengthen alliances and relation- nium enrichment program of the Govern- personnel in the Middle East, and to United ships with other democratic countries in

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order to better promote and defend shared SEC. 1612. DEMOCRACY FELLOWSHIP PROGRAM. (b) AUTHORIZATION OF APPROPRIATIONS.— values and ideals. (a) REQUIREMENT FOR PROGRAM.—The Sec- There is authorized to be appropriated to the SEC. 1604. DEFINITIONS. retary of State shall establish a Democracy Secretary of State for the purpose of imple- In this title: Fellowship Program to enable Department menting the Advisory Committee on Democ- (1) ANNUAL REPORT ON ADVANCING FREEDOM officers to gain an additional perspective on racy Promotion $1,000,000 for each of fiscal AND DEMOCRACY.—The term ‘‘Annual Report democracy promotion abroad by working on years 2008, 2009, and 2010. on Advancing Freedom and Democracy’’ re- democracy issues in congressional commit- SEC. 1632. SENSE OF CONGRESS ON THE INTER- fers to the annual report submitted to Con- tees with oversight over the subject matter NET WEBSITE OF THE DEPARTMENT gress by the Department of State pursuant of this title, including the Committee on OF STATE. to section 665(c) of the Foreign Relations Au- Foreign Relations and the Committee on Ap- It is the sense of Congress that— thorization Act, Fiscal Year 2003 (Public Law propriations of the Senate and the Com- (1) the Secretary of State should continue 107–228; 22 U.S.C. 2151n note), in which the mittee on Foreign Affairs and the Com- and further expand the Secretary’s existing Department reports on actions taken by the mittee on Appropriations of the House of efforts to inform the public in foreign coun- United States Government to encourage re- Representatives, and in nongovernmental or- tries of the efforts of the United States to spect for human rights and democracy. ganizations involved in democracy pro- promote democracy and defend human rights motion. (2) ASSISTANT SECRETARY.—The term ‘‘As- through the Internet website of the Depart- (b) SELECTION AND PLACEMENT.—The As- sistant Secretary’’ means the Assistant Sec- ment of State; sistant Secretary shall play a central role in retary of State for Democracy, Human (2) the Secretary of State should continue the selection of Democracy Fellows and fa- Rights, and Labor. to enhance the democracy promotion mate- cilitate their placement in appropriate con- (3) COMMUNITY OF DEMOCRACIES AND COMMU- rials and resources on that Internet website, gressional offices and nongovernmental or- NITY.—The terms ‘‘Community of Democ- as such enhancement can benefit and encour- ganizations. age those around the world who seek free- racies’’ and ‘‘Community’’ mean the associa- (c) AUTHORIZATION OF APPROPRIATIONS.— tion of democratic countries committed to dom; and There are authorized to be appropriated to (3) such enhancement should include where the global promotion of democratic prin- the Secretary of State such sums as may be possible and practical, translated reports on ciples, practices, and values, which held its necessary to carry out the responsibilities democracy and human rights prepared by First Ministerial Conference in Warsaw, Po- under subsection (a), including hiring addi- personnel of the Department, narratives and land, in June 2000. tional staff to carry out such responsibil- histories highlighting successful nonviolent (4) DEPARTMENT.—The term ‘‘Department’’ ities. means the Department of State. democratic movements, and other relevant Subtitle B—Annual Report on Advancing (5) UNDER SECRETARY.—The term ‘‘Under material. Freedom and Democracy Secretary’’ means the Under Secretary of Subtitle D—Training in Democracy and State for Democracy and Global Affairs. SEC. 1621. ANNUAL REPORT. Human Rights; Promotions (a) REPORT TITLE.—Section 665(c) of the Subtitle A—Liaison Officers and Fellowship Foreign Relations Authorization Act, Fiscal SEC. 1641. SENSE OF CONGRESS ON TRAINING IN DEMOCRACY AND HUMAN RIGHTS. Program to Enhance the Promotion of De- Year 2003 (Public Law 107–228; 22 U.S.C. 2151n It is the sense of Congress that— mocracy note) is amended in the first sentence by in- (1) the Secretary of State should continue SEC. 1611. DEMOCRACY LIAISON OFFICERS. serting ‘‘entitled the Advancing Freedom to enhance and expand the training provided (a) IN GENERAL.—The Secretary of State and Democracy Report’’ before the period at to foreign service officers and civil service shall establish and staff Democracy Liaison the end. Officer positions, under the supervision of (b) SCHEDULE FOR SUBMISSION.—If a report employees on how to strengthen and pro- the Assistant Secretary, who may be as- entitled the Advancing Freedom and Democ- mote democracy and human rights; and signed to the following posts: racy Report pursuant to section 665(c) of the (2) the Secretary of State should continue (1) United States missions to, or liaison Foreign Relations Authorization Act, Fiscal the effective and successful use of case stud- with, regional and multilateral organiza- Year 2003, as amended by subsection (a), is ies and practical workshops addressing po- tions, including the United States missions submitted under such section, such report tential challenges, and work with non-state to the European Union, African Union, Orga- shall be submitted not later than 90 days actors, including nongovernmental organiza- nization of American States and any other after the date of submission of the report re- tions that support democratic principles, appropriate regional organization, Organiza- quired by section 116(d) of the Foreign As- practices, and values. tion for Security and Cooperation in Europe, sistance Act of 1961 (22 U.S.C. 2151n(d)). SEC. 1642. ADVANCE DEMOCRACY AWARD. the United Nations and its relevant special- (c) CONFORMING AMENDMENT.—Section (a) SENSE OF CONGRESS.—It is the sense of ized agencies, and the North Atlantic Treaty 665(c) of the Foreign Relations Authorization Congress that— Organization. Act, Fiscal Year 2003 (Public Law 107–228; (1) the Secretary of State should further (2) Regional public diplomacy centers of 2151n note) is amended by striking ‘‘30 days’’ strengthen the capacity of the Department the Department. and inserting ‘‘90 days’’. to carry out result-based democracy pro- (3) United States combatant commands. SEC. 1622. SENSE OF CONGRESS ON TRANS- motion efforts through the establishment of (4) Other posts as designated by the Sec- LATION OF HUMAN RIGHTS RE- awards and other employee incentives, in- retary of State. PORTS. cluding the establishment of an annual (b) RESPONSIBILITIES.—Each Democracy Li- It is the sense of Congress that the Sec- award known as Outstanding Achievements aison Officer should— retary of State should continue to ensure in Advancing Democracy, or the ADVANCE (1) provide expertise on effective ap- and expand the timely translation of Human Democracy Award, that would be awarded to proaches to promote and build democracy; Rights and International Religious Freedom officers or employees of the Department; and (2) assist in formulating and implementing reports and the Annual Report on Advancing (2) the Secretary of State should establish strategies for transitions to democracy; and Freedom and Democracy prepared by per- the procedures for selecting recipients of (3) carry out other responsibilities as the sonnel of the Department of State into the such award, including any financial terms, Secretary of State and the Assistant Sec- principal languages of as many countries as associated with such award. retary may assign. possible. Translations are welcomed because (b) AUTHORIZATION OF APPROPRIATIONS.— (c) NEW POSITIONS.—The Democracy Liai- information on United States support for There are authorized to be appropriated to son Officer positions established under sub- universal enjoyment of freedoms and rights the Secretary of State such sums as may be section (a) should be new positions that are serves to encourage individuals around the necessary to fund the award described in sub- in addition to existing officer positions with globe seeking to advance the cause of free- section (a), including costs associated with responsibility for other human rights and de- dom in their countries. travel of the recipient to Washington, DC. mocracy related issues and programs. Subtitle C—Advisory Committee on Democ- SEC. 1643. PROMOTIONS. (d) RELATIONSHIP TO OTHER AUTHORITIES.— racy Promotion and the Internet Website of The precepts for selection boards respon- Nothing in this section may be construed as the Department of State sible for recommending promotions of for- removing any authority or responsibility of SEC. 1631. ADVISORY COMMITTEE ON DEMOC- eign service officers, including members of a chief of mission or other employee of a dip- RACY PROMOTION. the senior foreign service, should include lomatic mission of the United States pro- (a) SENSE OF CONGRESS.—Congress com- consideration of a candidate’s experience or vided under any other provision of law, in- mends the Secretary of State for creating an service in promotion of human rights and de- cluding any authority or responsibility for Advisory Committee on Democracy Pro- mocracy. the development or implementation of strat- motion, and it is the sense of Congress that SEC. 1644. PROGRAMS BY UNITED STATES MIS- egies to promote democracy. the Committee should play a significant role SIONS IN FOREIGN COUNTRIES AND (e) AUTHORIZATION OF APPROPRIATIONS.— in the Department’s transformational diplo- ACTIVITIES OF CHIEFS OF MISSION. There are authorized to be appropriated to macy by advising the Secretary of State re- It is the sense of Congress that each chief the Secretary of State such sums as may be garding United States efforts to promote de- of mission should provide input on the ac- necessary to carry out the responsibilities mocracy and democratic transition in con- tions described in the Advancing Freedom described in subsection (b), including hiring nection with the formulation and implemen- and Democracy Report submitted under sec- additional staff to carry out such respon- tation of United States foreign policy and tion 665(c) of the Foreign Relations Author- sibilities. foreign assistance. ization Act, Fiscal Year 2003 (Public Law

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ALLIANCES WITH DEMOCRATIC COUN- other purposes; which was ordered to title as the ‘‘Jenkins Act’’), is amended by striking the first section and inserting the TRIES. lie on the table; as follows: (a) ESTABLISHMENT OF AN OFFICE FOR THE following: COMMUNITY OF DEMOCRACIES.— On page 389, after line 13, add the fol- ‘‘SECTION 1. DEFINITIONS. (1) IN GENERAL.—The Secretary of State lowing: should, and is authorized to, establish an Of- ‘‘As used in this Act, the following defini- ll fice for the Community of Democracies with TITLE .—CIGARETTE TRAFFICKING tions apply: the mission to further develop and strength- SEC. ll01. SHORT TITLE; FINDINGS; PURPOSE. ‘‘(1) ATTORNEY GENERAL.—The term ‘attor- en the institutional structure of the Commu- ney general’, with respect to a State, means (a) SHORT TITLE.—This title may be cited the attorney general or other chief law en- nity of Democracies, develop interministe- as the ‘‘Prevent All Cigarette Trafficking forcement officer of the State, or the des- rial projects, enhance the United Nations De- Act of 2007’’ or ‘‘PACT Act’’. mocracy Caucus, manage policy development ignee of that officer. of the United Nations Democracy Fund, and (b) FINDINGS.—Congress finds that— ‘‘(2) CIGARETTE.— enhance coordination with other regional (1) the sale of illegal cigarettes and smoke- ‘‘(A) IN GENERAL.—For purposes of this and multilateral bodies with jurisdiction less tobacco products significantly reduces Act, the term ‘cigarette’ shall— over democracy issues. Federal, State, and local government reve- ‘‘(i) have the same meaning given that (2) AUTHORIZATION OF APPROPRIATIONS.— nues, with Internet sales alone accounting term in section 2341 of title 18, United States There are authorized to be appropriated to for billions of dollars of lost Federal, State, Code; and the Secretary of State such sums as may be and local tobacco tax revenue each year; ‘‘(ii) include ‘roll-your-own tobacco’ (as necessary for establishing and maintaining (2) Hezbollah, Hamas, al Qaeda, and other that term is defined in section 5702 of the In- the Office of the Community of Democracies. terrorist organizations have profited from ternal Revenue Code of 1986). (b) INTERNATIONAL CENTER FOR DEMOCRATIC trafficking in illegal cigarettes or counter- ‘‘(B) EXCEPTION.—For purposes of this Act, TRANSITION.— feit cigarette tax stamps; the term ‘cigarette’ does not include a (1) SENSE OF CONGRESS.—It is the sense of (3) terrorist involvement in illicit ciga- ‘cigar,’ as that term is defined in section 5702 Congress that the International Center for rette trafficking will continue to grow be- of the Internal Revenue Code of 1986. Democratic Transition, an initiative of the cause of the large profits such organizations ‘‘(3) COMMON CARRIER.—The term ‘common Government of Hungary, serves to promote can earn; carrier’ means any person (other than a local practical projects and the sharing of best (4) the sale of illegal cigarettes and smoke- messenger service or the United States Post- practices in the area of democracy pro- less tobacco over the Internet, and through al Service) that holds itself out to the gen- motion and should be supported by, in par- mail, fax, or phone orders, make it cheaper eral public as a provider for hire of the trans- ticular, other European countries with expe- and easier for children to obtain tobacco portation by water, land, or air of merchan- riences in democratic transitions, the United products; dise, whether or not the person actually op- States, and private individuals. (5) the majority of Internet and other re- erates the vessel, vehicle, or aircraft by (2) AUTHORIZATION OF APPROPRIATIONS.— mote sales of cigarettes and smokeless to- which the transportation is provided, be- (A) IN GENERAL.—There is authorized to be bacco are being made without adequate pre- tween a port or place and a port or place in appropriated for a grant to the International cautions to protect against sales to children, the United States. Center for Democratic Transition $1,000,000 without the payment of applicable taxes, and ‘‘(4) CONSUMER.—The term ‘consumer’ for each of fiscal years 2008, 2009, and 2010. without complying with the nominal reg- means any person that purchases cigarettes (B) AVAILABILITY OF FUNDS.—Amounts ap- istration and reporting requirements in ex- or smokeless tobacco, but does not include propriated pursuant to the authorization of isting Federal law; any person lawfully operating as a manufac- appropriations in this paragraph shall re- (6) unfair competition from illegal sales of turer, distributor, wholesaler, or retailer of main available until expended. cigarettes and smokeless tobacco is taking cigarettes or smokeless tobacco. billions of dollars of sales away from law- Subtitle F—Funding for Promotion of ‘‘(5) DELIVERY SALE.—The term ‘delivery abiding retailers throughout the United Democracy sale’ means any sale of cigarettes or smoke- States; less tobacco to a consumer if— SEC. 1661. SENSE OF CONGRESS ON THE UNITED (7) with rising State and local tobacco tax NATIONS DEMOCRACY FUND. ‘‘(A) the consumer submits the order for rates, the incentives for the illegal sale of such sale by means of a telephone or other It is the sense of Congress that the United cigarettes and smokeless tobacco have in- States should work with other countries to method of voice transmission, the mails, or creased; the Internet or other online service, or the enhance the goals and work of the United (8) the number of active tobacco investiga- Nations Democracy Fund, an essential tool seller is otherwise not in the physical pres- tions being conducted by the Bureau of Alco- ence of the buyer when the request for pur- to promote democracy, and in particular hol, Tobacco, Firearms, and Explosives rose support civil society in their efforts to help chase or order is made; or to 452 in 2005; ‘‘(B) the cigarettes or smokeless tobacco consolidate democracy and bring about (9) the number of Internet vendors in the transformational change. are delivered by use of a common carrier, United States and in foreign countries that private delivery service, or the mails, or the SEC. 1662. THE HUMAN RIGHTS AND DEMOCRACY sell cigarettes and smokeless tobacco to buy- FUND. seller is not in the physical presence of the ers in the United States has increased from buyer when the buyer obtains possession of (a) PURPOSE.—The purpose of the Human only about 40 in 2000 to more than 500 in 2005; Rights and Democracy Fund should be to the cigarettes or smokeless tobacco. and ELIVERY SELLER.—The term ‘delivery support innovative programming, media, and ‘‘(6) D (10) the intrastate sale of illegal cigarettes seller’ means a person who makes a delivery materials designed to uphold democratic and smokeless tobacco over the Internet has sale. principles, support and strengthen demo- a substantial effect on interstate commerce. ‘‘(7) INDIAN COUNTRY.—The term ‘Indian cratic institutions, promote human rights URPOSES.—It is the purpose of this country’ has the meaning given that term in and the rule of law, and build civil societies (c) P title to— section 1151 of title 18, United States Code, in countries around the world. (1) require Internet and other remote sell- except that within the State of Alaska that (b) AUTHORIZATION OF APPROPRIATIONS.— ers of cigarettes and smokeless tobacco to term applies only to the Metlakatla Indian (1) IN GENERAL.—There are authorized to be appropriated to the Human Rights and De- comply with the same laws that apply to Community, Annette Island Reserve. mocracy Fund to carry out the purposes of law-abiding tobacco retailers; ‘‘(8) INDIAN TRIBE.—The term ‘Indian tribe’, this section $100,000,000 for fiscal year 2008 (2) create strong disincentives to illegal ‘tribe’, or ‘tribal’ refers to an Indian tribe as and $150,000,000 for fiscal year 2009. smuggling of tobacco products; defined in section 4(e) of the Indian Self-De- (3) provide government enforcement offi- termination and Education Assistance Act (2) AVAILABILITY OF FUNDS.—Amounts ap- propriated pursuant to the authorization of cials with more effective enforcement tools (25 U.S.C. 450b(e)) or as listed pursuant to appropriation in this subsection shall remain to combat tobacco smuggling; section 104 of the Federally Recognized In- available until expended. (4) make it more difficult for cigarette and dian Tribe List Act of 1994 (25 U.S.C. 479a–1). smokeless tobacco traffickers to engage in ‘‘(9) INTERSTATE COMMERCE.—The term SA 362. Mr. KOHL (for himself, Mr. and profit from their illegal activities; ‘interstate commerce’ means commerce be- (5) increase collections of Federal, State, tween a State and any place outside the SPECTER, and Mr. LEAHY) submitted an and local excise taxes on cigarettes and State, commerce between a State and any amendment intended to be proposed to smokeless tobacco; and Indian country in the State, or commerce be- amendment SA 275 proposed by Mr. (6) prevent and reduce youth access to in- tween points in the same State but through REID (for himself, Mr. LIEBERMAN, and expensive cigarettes and smokeless tobacco any place outside the State or through any Ms. COLLINS) to the bill S. 4, to make through illegal Internet or contraband sales. Indian country.

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‘‘(10) PERSON.—The term ‘person’ means an cer who receives a memorandum or invoice imum age required for the legal sale or pur- individual, corporation, company, associa- under paragraph (2) or (3) of subsection (a) chase of tobacco products, as determined by tion, firm, partnership, society, State gov- shall use such memorandum or invoice solely the applicable law at the place of delivery, to ernment, local government, Indian tribal for the purposes of the enforcement of this sign to accept delivery of the shipping con- government, governmental organization of Act and the collection of any taxes owed on tainer at the delivery address; and such government, or joint stock company. related sales of cigarettes and smokeless to- ‘‘(II) the person who signs to accept deliv- ‘‘(11) STATE.—The term ‘State’ means each bacco, and shall keep confidential any per- ery of the shipping container to provide of the several States of the United States, sonal information in such memorandum or proof, in the form of a valid, government- the District of Columbia, the Commonwealth invoice not otherwise required for such pur- issued identification bearing a photograph of of Puerto Rico, or any territory or posses- poses.’’. the individual, that the person is at least the sion of the United States. (c) REQUIREMENTS FOR DELIVERY SALES.— minimum age required for the legal sale or ‘‘(12) SMOKELESS TOBACCO.—The term The Jenkins Act is amended by inserting purchase of tobacco products, as determined ‘smokeless tobacco’ means any finely cut, after section 2 the following: by the applicable law at the place of deliv- ground, powdered, or leaf tobacco, or other ‘‘SEC. 2A. DELIVERY SALES. ery; and product containing tobacco, that is intended ‘‘(iii) shall not accept a delivery sale order ‘‘(a) IN GENERAL.—With respect to delivery to be placed in the oral or nasal cavity or sales into a specific State and place, each de- from a person without— otherwise consumed without being com- ‘‘(I) obtaining the full name, birth date, livery seller shall comply with— busted. and residential address of that person; and ‘‘(1) the shipping requirements set forth in ‘‘(13) TOBACCO TAX ADMINISTRATOR.—The ‘‘(II) verifying the information provided in subsection (b); term ‘tobacco tax administrator’ means the subclause (I), through the use of a commer- ‘‘(2) the recordkeeping requirements set State, local, or tribal official duly author- cially available database or aggregate of forth in subsection (c); ized to collect the tobacco tax or administer databases, consisting primarily of data from ‘‘(3) all State, local, tribal, and other laws the tax law of a State, locality, or tribe, re- government sources, that are regularly used generally applicable to sales of cigarettes or spectively. by government and businesses for the pur- smokeless tobacco as if such delivery sales ‘‘(14) USE.—The term ‘use’, in addition to pose of age and identity verification and au- occurred entirely within the specific State its ordinary meaning, means the consump- thentication, to ensure that the purchaser is tion, storage, handling, or disposal of ciga- and place, including laws imposing— at least the minimum age required for the rettes or smokeless tobacco.’’. ‘‘(A) excise taxes; legal sale or purchase of tobacco products, as (b) REPORTS TO STATE TOBACCO TAX ADMIN- ‘‘(B) licensing and tax-stamping require- determined by the applicable law at the ISTRATORS.—Section 2 of the Jenkins Act (15 ments; place of delivery. ‘‘(C) restrictions on sales to minors; and U.S.C. 376) is amended— ‘‘(B) LIMITATION.—No database being used (1) by striking ‘‘cigarettes’’ each place it ‘‘(D) other payment obligations or legal re- for age and identity verification under sub- appears and inserting ‘‘cigarettes or smoke- quirements relating to the sale, distribution, paragraph (A)(iii) shall be in the possession less tobacco’’; or delivery of cigarettes or smokeless to- or under the control of the delivery seller, or (2) in subsection (a)— bacco; and be subject to any changes or supplemen- (A) in the matter preceding paragraph (1)— ‘‘(4) the tax collection requirements set tation by the delivery seller. (i) by inserting ‘‘CONTENTS.—’’after ‘‘(a)’’ forth in subsection (d). ‘‘(c) RECORDS.— (ii) by striking ‘‘or transfers’’ and insert- ‘‘(b) SHIPPING AND PACKAGING.— ‘‘(1) IN GENERAL.—Each delivery seller ing ‘‘, transfers, or ships’’; ‘‘(1) REQUIRED STATEMENT.—For any ship- shall keep a record of any delivery sale, in- (iii) by inserting ‘‘, locality, or Indian ping package containing cigarettes or cluding all of the information described in country of an Indian tribe’’ after ‘‘a State’’; smokeless tobacco, the delivery seller shall section 2(a)(2), organized by the State, and (iv) by striking ‘‘to other than a dis- include on the bill of lading, if any, and on within such State, by the city or town and tributor licensed by or located in such the outside of the shipping package, on the by zip code, into which such delivery sale is State,’’; and same surface as the delivery address, a clear so made. (v) by striking ‘‘or transfer and shipment’’ and conspicuous statement providing as fol- ‘‘(2) RECORD RETENTION.—Records of a de- and inserting ‘‘, transfer, or shipment’’; lows: ‘CIGARETTES/SMOKELESS TO- livery sale shall be kept as described in para- (B) in paragraph (1)— BACCO: FEDERAL LAW REQUIRES THE graph (1) in the year in which the delivery (i) by striking ‘‘with the tobacco tax ad- PAYMENT OF ALL APPLICABLE EXCISE sale is made and for the next 4 years. ministrator of the State’’ and inserting TAXES, AND COMPLIANCE WITH APPLI- ‘‘(3) ACCESS FOR OFFICIALS.—Records kept ‘‘with the Attorney General of the United CABLE LICENSING AND TAX-STAMPING under paragraph (1) shall be made available States and with the tobacco tax administra- OBLIGATIONS’. to tobacco tax administrators of the States, tors of the State and place’’; and ‘‘(2) FAILURE TO LABEL.—Any shipping to local governments and Indian tribes that (ii) by striking ‘‘; and’’ and inserting the package described in paragraph (1) that is apply their own local or tribal taxes on ciga- following: ‘‘, as well as telephone numbers not labeled in accordance with that para- rettes or smokeless tobacco, to the attorneys for each place of business, a principal elec- graph shall be treated as nondeliverable general of the States, to the chief law en- tronic mail address, any website addresses, matter by a common carrier or other deliv- forcement officers of such local governments and the name, address, and telephone num- ery service, if the common carrier or other and Indian tribes, and to the Attorney Gen- ber of an agent in the State authorized to ac- delivery service knows or should know the eral of the United States in order to ensure cept service on behalf of such person;’’; package contains cigarettes or smokeless to- the compliance of persons making delivery (C) in paragraph (2), by striking ‘‘and the bacco. If a common carrier or other delivery sales with the requirements of this Act. quantity thereof.’’ and inserting ‘‘the quan- service believes a package is being submitted ‘‘(d) DELIVERY.— tity thereof, and the name, address, and for delivery in violation of paragraph (1), it ‘‘(1) IN GENERAL.—Except as provided in phone number of the person delivering the may require the person submitting the pack- paragraph (2), no delivery seller may sell or shipment to the recipient on behalf of the de- age for delivery to establish that it is not deliver to any consumer, or tender to any livery seller, with all invoice or memoranda being sent in violation of paragraph (1) be- common carrier or other delivery service, information relating to specific customers to fore accepting the package for delivery. any cigarettes or smokeless tobacco pursu- be organized by city or town and by zip code; Nothing in this paragraph shall require the ant to a delivery sale unless, in advance of and’’; and common carrier or other delivery service to the sale, delivery, or tender— (D) by adding at the end the following: open any package to determine its contents. ‘‘(A) any cigarette or smokeless tobacco ‘‘(3) with respect to each memorandum or ‘‘(3) WEIGHT RESTRICTION.—A delivery seller excise tax that is imposed by the State in invoice filed with a State under paragraph shall not sell, offer for sale, deliver, or cause which the cigarettes or smokeless tobacco (2), also file copies of such memorandum or to be delivered in any single sale or single are to be delivered has been paid to the invoice with the tobacco tax administrators delivery any cigarettes or smokeless tobacco State; and chief law enforcement officers of the weighing more than 10 pounds. ‘‘(B) any cigarette or smokeless tobacco local governments and Indian tribes oper- ‘‘(4) AGE VERIFICATION.— excise tax that is imposed by the local gov- ating within the borders of the State that ‘‘(A) IN GENERAL.—Notwithstanding any ernment of the place in which the cigarettes apply their own local or tribal taxes on ciga- other provision of law, a delivery seller who or smokeless tobacco are to be delivered has rettes or smokeless tobacco.’’; mails or ships tobacco products— been paid to the local government; and (3) in subsection (b)— ‘‘(i) shall not sell, deliver, or cause to be ‘‘(C) any required stamps or other indicia (A) by inserting ‘‘PRESUMPTIVE EVI- delivered any tobacco products to a person that such excise tax has been paid are prop- DENCE.—’’ after ‘‘(b)’’; under the minimum age required for the erly affixed or applied to the cigarettes or (B) by striking ‘‘(1) that’’ and inserting legal sale or purchase of tobacco products, as smokeless tobacco. ‘‘that’’; and determined by the applicable law at the ‘‘(2) EXCEPTION.—Paragraph (1) does not (C) by striking ‘‘, and (2)’’ and all that fol- place of delivery; apply to a delivery sale of smokeless tobacco lows and inserting a period; and ‘‘(ii) shall use a method of mailing or ship- if the law of the State or local government of (4) by adding at the end the following: ping that requires— the place where the smokeless tobacco is to ‘‘(c) USE OF INFORMATION.—A tobacco tax ‘‘(I) the purchaser placing the delivery sale be delivered requires or otherwise provides administrator or chief law enforcement offi- order, or an adult who is at least the min- that delivery sellers collect the excise tax

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2734 CONGRESSIONAL RECORD — SENATE March 6, 2007 from the consumer and remit the excise tax under paragraph (1)(A), no person who re- by requiring the person who signs to accept to the State or local government, and the de- ceives the list under paragraph (1), and no delivery of the shipping container to provide livery seller complies with the requirement. person who delivers cigarettes or smokeless proof, in the form of a valid, government- ‘‘(e) LIST OF UNREGISTERED OR NONCOMPLI- tobacco to consumers, shall knowingly com- issued identification bearing a photograph of ANT DELIVERY SELLERS.— plete, cause to be completed, or complete its the individual, that such person is at least ‘‘(1) IN GENERAL.— portion of a delivery of any package for any the minimum age required for the legal sale ‘‘(A) INITIAL LIST.—Not later than 90 days person whose name and address are on the or purchase of tobacco products, as deter- after this subsection goes into effect under list, unless— mined by either State or local law at the the Prevent All Cigarette Trafficking Act of ‘‘(i) the person making the delivery knows place of delivery; 2007, the Attorney General of the United or believes in good faith that the item does ‘‘(ii) requiring that the common carrier or States shall compile a list of delivery sellers not include cigarettes or smokeless tobacco; other delivery service obtain a signature of cigarettes or smokeless tobacco that have ‘‘(ii) the delivery is made to a person law- from the consumer accepting the delivery; not registered with the Attorney General, fully engaged in the business of manufac- ‘‘(iii) requiring that the common carrier or pursuant to section 2(a) or that are other- turing, distributing, or selling cigarettes or other delivery service verify that all applica- wise not in compliance with this Act, and— smokeless tobacco; or ble taxes have been paid; ‘‘(i) distribute the list to— ‘‘(iii) the package being delivered weighs ‘‘(iv) requiring that packages delivered by ‘‘(I) the attorney general and tax adminis- more than 100 pounds and the person making the common carrier or other delivery service trator of every State; the delivery does not know or have reason- contain any particular labels, notice, or ‘‘(II) common carriers and other persons able cause to believe that the package con- markings; or that deliver small packages to consumers in tains cigarettes or smokeless tobacco. ‘‘(v) prohibiting common carriers or other interstate commerce, including the United ‘‘(B) IMPLEMENTATION OF UPDATES.—Com- delivery services from making deliveries on States Postal Service; and mencing on the date that is 30 days after the the basis of whether the delivery seller is or ‘‘(III) at the discretion of the Attorney date of the distribution or availability of any is not identified on any list of delivery sell- General of the United States, to any other updates or corrections to the list under para- ers maintained and distributed by any entity persons; and graph (1), all recipients and all common car- ‘‘(ii) publicize and make the list available riers or other persons that deliver cigarettes other than the Federal Government. to any other person engaged in the business or smokeless tobacco to consumers shall be ‘‘(B) RELATIONSHIP TO OTHER LAWS.—Noth- of interstate deliveries or who delivers ciga- subject to subparagraph (A) in regard to such ing in this paragraph shall be construed to rettes or smokeless tobacco in or into any corrections or updates. prohibit, expand, restrict, or otherwise amend or modify— State. ‘‘(3) SHIPMENTS FROM PERSONS ON LIST.— ‘‘(i) section 14501(c)(1) or 41713(b)(4) of title ‘‘(B) LIST CONTENTS.—To the extent known, ‘‘(A) IN GENERAL.—In the event that a com- the Attorney General of the United States mon carrier or other delivery service delays 49, United States Code; shall include, for each delivery seller on the or interrupts the delivery of a package it has ‘‘(ii) any other restrictions in Federal law list described in subparagraph (A)— in its possession because it determines or has on the ability of State, local, or tribal gov- ‘‘(i) all names the delivery seller uses in reason to believe that the person ordering ernments to regulate common carriers; or the transaction of its business or on pack- the delivery is on a list distributed under ‘‘(iii) any provision of State, local, or trib- ages delivered to customers; paragraph (1)— al law regulating common carriers that falls ‘‘(ii) all addresses from which the delivery ‘‘(i) the person ordering the delivery shall within the provisions of chapter 49 of the seller does business or ships cigarettes or be obligated to pay— United States Code, sections 14501(c)(2) or smokeless tobacco; ‘‘(I) the common carrier or other delivery 41713(b)(4)(B). ‘‘(iii) the website addresses, primary e-mail service as if the delivery of the package had ‘‘(C) STATE LAWS PROHIBITING DELIVERY address, and phone number of the delivery been timely completed; and SALES.—Nothing in the Prevent All Cigarette seller; and ‘‘(II) if the package is not deliverable, any Trafficking Act of 2007, or the amendments ‘‘(iv) any other information that the Attor- reasonable additional fee or charge levied by made by that Act, may be construed to pre- ney General determines would facilitate the common carrier or other delivery service empt or supersede State laws prohibiting the compliance with this subsection by recipi- to cover its extra costs and inconvenience delivery sale, or the shipment or delivery ents of the list. and to serve as a disincentive against such pursuant to a delivery sale, of cigarettes or ‘‘(C) UPDATING.—The Attorney General of noncomplying delivery orders; and smokeless tobacco to individual consumers. the United States shall update and distribute ‘‘(ii) if the package is determined not to be ‘‘(5) STATE, LOCAL, AND TRIBAL ADDITIONS.— the list at least once every 4 months, and deliverable, the common carrier or other de- ‘‘(A) IN GENERAL.—Any State, local, or may distribute the list and any updates by livery service shall, in its discretion, either tribal government shall provide the Attor- regular mail, electronic mail, or any other provide the package and its contents to a ney General of the United States with— reasonable means, or by providing recipients Federal, State, or local law enforcement ‘‘(i) all known names, addresses, website with access to the list through a nonpublic agency or destroy the package and its con- addresses, and other primary contact infor- website that the Attorney General of the tents. mation of any delivery seller that offers for United States regularly updates. ‘‘(B) RECORDS.—A common carrier or other sale or makes sales of cigarettes or smoke- ‘‘(D) STATE, LOCAL, OR TRIBAL ADDITIONS.— delivery service shall maintain, for a period less tobacco in or into the State, locality, or The Attorney General of the United States of 5 years, any records kept in the ordinary tribal land but has failed to register with or shall include in the list under subparagraph course of business relating to any deliveries make reports to the respective tax adminis- (A) any noncomplying delivery sellers identi- interrupted pursuant to this paragraph and trator, as required by this Act, or that has fied by any State, local, or tribal govern- provide that information, upon request, to been found in a legal proceeding to have oth- ment under paragraph (5), and shall dis- the Attorney General of the United States or erwise failed to comply with this Act; and tribute the list to the attorney general or to the attorney general or chief law enforce- ‘‘(ii) a list of common carriers and other chief law enforcement official and the tax ment official or tax administrator of any persons who make deliveries of cigarettes or administrator of any government submitting State, local, or tribal government. smokeless tobacco in or into the State, lo- any such information and to any common ‘‘(C) CONFIDENTIALITY.—Any person receiv- cality, or tribal lands. carriers or other persons who deliver small ing records under subparagraph (B) shall use ‘‘(B) UPDATES.—Any government providing packages to consumers identified by any such records solely for the purposes of the a list to the Attorney General of the United government pursuant to paragraph (5). enforcement of this Act and the collection of States under subparagraph (A) shall also pro- ‘‘(E) CONFIDENTIALITY.—The list distrib- any taxes owed on related sales of cigarettes vide updates and corrections every 4 months uted pursuant to subparagraph (A) shall be and smokeless tobacco, and the person re- until such time as such government notifies confidential, and any person receiving the ceiving records under subparagraph (B) shall the Attorney General of the United States in list shall maintain the confidentiality of the keep confidential any personal information writing that such government no longer de- list but may deliver the list, for enforcement in such records not otherwise required for sires to submit such information to supple- purposes, to any government official or to such purposes. ment the list maintained and distributed by any common carrier or other person that de- ‘‘(4) PREEMPTION.— the Attorney General of the United States livers tobacco products or small packages to ‘‘(A) IN GENERAL.—No State, local, or tribal under paragraph (1). consumers. Nothing in this section shall pro- government, nor any political authority of 2 ‘‘(C) REMOVAL AFTER WITHDRAWAL.—Upon hibit a common carrier, the United States or more State, local, or tribal governments, receiving written notice that a government Postal Service, or any other person receiving may enact or enforce any law or regulation no longer desires to submit information the list from discussing with the listed deliv- relating to delivery sales that restricts de- under subparagraph (A), the Attorney Gen- ery sellers the delivery sellers’ inclusion on liveries of cigarettes or smokeless tobacco to eral of the United States shall remove from the list and the resulting effects on any serv- consumers by common carriers or other de- the list under paragraph (1) any persons that ices requested by such listed delivery seller. livery services on behalf of delivery sellers are on the list solely because of such govern- ‘‘(2) PROHIBITION ON DELIVERY.— by— ment’s prior submissions of its list of non- ‘‘(A) IN GENERAL.—Commencing on the ‘‘(i) requiring that the common carrier or complying delivery sellers of cigarettes or date that is 60 days after the date of the ini- other delivery service verify the age or iden- smokeless tobacco or its subsequent updates tial distribution or availability of the list tity of the consumer accepting the delivery and corrections.

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‘‘(6) DEADLINE TO INCORPORATE ADDITIONS.— have been initiated or ordered by the deliv- (e) ENFORCEMENT.—The Jenkins Act is The Attorney General of the United States ery seller.’’. amended by striking section 4 and inserting shall— (d) PENALTIES.—The Jenkins Act is amend- the following: ‘‘(A) include any delivery seller identified ed by striking section 3 and inserting the fol- ‘‘SEC. 4. ENFORCEMENT. and submitted by a State, local, or tribal lowing: ‘‘(a) IN GENERAL.—The United States dis- government under paragraph (5) in any list ‘‘SEC. 3. PENALTIES. trict courts shall have jurisdiction to pre- or update that is distributed or made avail- ‘‘(a) CRIMINAL PENALTIES.— vent and restrain violations of this Act and able under paragraph (1) on or after the date ‘‘(1) IN GENERAL.—Except as provided in to provide other appropriate injunctive or that is 30 days after the date on which the paragraph (2), whoever violates any provi- equitable relief, including money damages, information is received by the Attorney Gen- sion of this Act shall be guilty of a felony for such violations. eral of the United States; and and shall be imprisoned not more than 3 ‘‘(b) AUTHORITY OF THE ATTORNEY GEN- ‘‘(B) distribute any such list or update to years, fined under title 18, United States ERAL.—The Attorney General of the United any common carrier or other person who Code, or both. States shall administer and enforce the pro- makes deliveries of cigarettes or smokeless ‘‘(2) EXCEPTIONS.— visions of this Act. tobacco that has been identified and sub- ‘‘(A) GOVERNMENTS.—Paragraph (1) shall ‘‘(c) STATE, LOCAL, AND TRIBAL ENFORCE- mitted by another government, pursuant to not apply to a State, local, or tribal govern- MENT.— paragraph (5). ment. ‘‘(1) IN GENERAL.— ‘‘(7) NOTICE TO DELIVERY SELLERS.—Not ‘‘(B) DELIVERY VIOLATIONS.—A common ‘‘(A) STANDING.—A State, through its at- later than 14 days prior to including any de- carrier or independent delivery service, or torney general (or a designee thereof), or a livery seller on the initial list distributed or employee of a common carrier or inde- local government or Indian tribe that levies made available under paragraph (1), or on pendent delivery service, shall be subject to a tax subject to section 2A(a)(3), through its any subsequent list or update for the first criminal penalties under paragraph (1) for a chief law enforcement officer (or a designee time, the Attorney General of the United violation of section 2A(e) only if the viola- thereof), may bring an action in a United States shall make a reasonable attempt to tion is committed intentionally— States district court to prevent and restrain send notice to the delivery seller by letter, electronic mail, or other means that the de- ‘‘(i) as consideration for the receipt of, or violations of this Act by any person (or by livery seller is being placed on such list or as consideration for a promise or agreement any person controlling such person) or to ob- update, with that notice citing the relevant to pay, anything of pecuniary value; or tain any other appropriate relief from any provisions of this Act. ‘‘(ii) for the purpose of assisting a delivery person (or from any person controlling such seller to violate, or otherwise evading com- person) for violations of this Act, including ‘‘(8) LIMITATIONS.— pliance with, section 2A. civil penalties, money damages, and injunc- ‘‘(A) IN GENERAL.—Any common carrier or other person making a delivery subject to ‘‘(b) CIVIL PENALTIES.— tive or other equitable relief. this subsection shall not be required or oth- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(B) SOVEREIGN IMMUNITY.—Nothing in this erwise obligated to— paragraph (3), whoever violates any provi- Act shall be deemed to abrogate or con- ‘‘(i) determine whether any list distributed sion of this Act shall be subject to a civil stitute a waiver of any sovereign immunity or made available under paragraph (1) is penalty in an amount not to exceed— of a State or local government or Indian complete, accurate, or up-to-date; ‘‘(A) in the case of a delivery seller, the tribe against any unconsented lawsuit under ‘‘(ii) determine whether a person ordering greater of— this Act, or otherwise to restrict, expand, or a delivery is in compliance with this Act; or ‘‘(i) $5,000 in the case of the first violation, modify any sovereign immunity of a State or ‘‘(iii) open or inspect, pursuant to this Act, or $10,000 for any other violation; or local government or Indian tribe. any package being delivered to determine its ‘‘(ii) for any violation, 2 percent of the ‘‘(2) PROVISION OF INFORMATION.—A State, contents. gross sales of cigarettes or smokeless to- through its attorney general, or a local gov- ‘‘(B) ALTERNATE NAMES.—Any common car- bacco of such person during the 1-year period ernment or Indian tribe that levies a tax rier or other person making a delivery sub- ending on the date of the violation. subject to section 2A(a)(3), through its chief ject to this subsection shall not be required ‘‘(B) in the case of a common carrier or law enforcement officer (or a designee there- or otherwise obligated to make any inquiries other delivery service, $2,500 in the case of a of), may provide evidence of a violation of or otherwise determine whether a person or- first violation, or $5,000 for any violation this Act by any person not subject to State, dering a delivery is a delivery seller on the within 1 year of a prior violation. local, or tribal government enforcement ac- list under paragraph (1) who is using a dif- ‘‘(2) RELATION TO OTHER PENALTIES.—A civil tions for violations of this Act to the Attor- ferent name or address in order to evade the penalty under paragraph (1) for a violation of ney General of the United States or a United related delivery restrictions, but shall not this Act shall be imposed in addition to any States attorney, who shall take appropriate knowingly deliver any packages to con- criminal penalty under subsection (a) and actions to enforce the provisions of this Act. sumers for any such delivery seller who the any other damages, equitable relief, or in- ‘‘(3) USE OF PENALTIES COLLECTED.— common carrier or other delivery service junctive relief awarded by the court, includ- ‘‘(A) IN GENERAL.—There is established a knows is a delivery seller who is on the list ing the payment of any unpaid taxes to the separate account in the Treasury known as under paragraph (1) but is using a different appropriate Federal, State, local, or tribal the ‘PACT Anti-Trafficking Fund’. Notwith- name or address to evade the delivery re- governments. standing any other provision of law and sub- strictions of paragraph (2). ‘‘(3) EXCEPTIONS.— ject to subparagraph (B), an amount equal to ‘‘(C) PENALTIES.—Any common carrier or ‘‘(A) DELIVERY VIOLATIONS.—An employee 50 percent of any criminal and civil penalties person in the business of delivering packages of a common carrier or independent delivery collected by the United States Government on behalf of other persons shall not be sub- service shall be subject to civil penalties in enforcing the provisions of this Act shall ject to any penalty under section 14101(a) of under paragraph (1) for a violation of section be transferred into the PACT Anti-Traf- title 49, United States Code, or any other 2A(e) only if the violation is committed in- ficking Fund and shall be available to the provision of law for— tentionally— Attorney General of the United States for ‘‘(i) not making any specific delivery, or ‘‘(i) as consideration for the receipt of, or purposes of enforcing the provisions of this any deliveries at all, on behalf of any person as consideration for a promise or agreement Act and other laws relating to contraband on the list under paragraph (1); to pay, anything of pecuniary value; or tobacco products. ‘‘(ii) not, as a matter of regular practice ‘‘(ii) for the purpose of assisting a delivery ‘‘(B) ALLOCATION OF FUNDS.—Of the amount and procedure, making any deliveries, or any seller to violate, or otherwise evading com- available to the Attorney General under sub- deliveries in certain States, of any cigarettes pliance with, section 2A. paragraph (A), not less than 50 percent shall or smokeless tobacco for any person or for ‘‘(B) OTHER LIMITATIONS.—No common car- be made available only to the agencies and any person not in the business of manufac- rier or independent delivery service shall be offices within the Department of Justice turing, distributing, or selling cigarettes or subject to civil penalties under paragraph (1) that were responsible for the enforcement smokeless tobacco; or for a violation of section 2A(e) if— actions in which the penalties concerned ‘‘(iii) delaying or not making a delivery for ‘‘(i) the common carrier or independent de- were imposed or for any underlying inves- any person because of reasonable efforts to livery service has implemented and enforces tigations. comply with this Act. effective policies and practices for complying ‘‘(4) NONEXCLUSIVITY OF REMEDY.— ‘‘(D) OTHER LIMITS.—Section 2 and sub- with that section; or ‘‘(A) IN GENERAL.—The remedies available sections (a), (b), (c), and (d) of this section ‘‘(ii) an employee of the common carrier or under this section and section 3 are in addi- shall not be interpreted to impose any re- independent delivery service who physically tion to any other remedies available under sponsibilities, requirements, or liability on receives and processes orders, picks up pack- Federal, State, local, tribal, or other law. common carriers. ages, processes packages, or makes deliv- ‘‘(B) STATE COURT PROCEEDINGS.—Nothing ‘‘(f) PRESUMPTION.—For purposes of this eries, takes actions that are outside the in this Act shall be construed to expand, re- Act, a delivery sale shall be deemed to have scope of employment of the employee in the strict, or otherwise modify any right of an occurred in the State and place where the course of the violation, or that violate the authorized State official to proceed in State buyer obtains personal possession of the implemented and enforced policies of the court, or take other enforcement actions, on cigarettes or smokeless tobacco, and a deliv- common carrier or independent delivery the basis of an alleged violation of State or ery pursuant to a delivery sale is deemed to service described in clause (i).’’. other law.

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‘‘(C) TRIBAL COURT PROCEEDINGS.—Nothing bacco made nonmailable by this section empt the Master Settlement Agreement, the in this Act shall be construed to expand, re- shall constitute reasonable cause to believe Model Statute (as defined in the Master Set- strict, or otherwise modify any right of an that any packages presented to the United tlement Agreement), any legislation amend- authorized Indian tribal government official States Postal Service by such individual or ing or complementary to the Model Statute to proceed in tribal court, or take other en- entity contain nonmailable cigarettes or in effect as of June 1, 2006, or any legislation forcement actions, on the basis of an alleged smokeless tobacco. substantially similar to such existing, violation of tribal law. ‘‘(C) CIGARS.—Subparagraph (A) shall not amending, or complementary legislation ‘‘(D) LOCAL GOVERNMENT ENFORCEMENT.— apply to cigars (as that term is defined in hereinafter enacted. Nothing in this Act shall be construed to ex- section 5702(a) of the Internal Revenue Code (5) OTHER ENFORCEMENT ACTIONS.—Nothing pand, restrict, or otherwise modify any right of 1986). in this subsection shall be construed to pro- of an authorized local government official to ‘‘(D) GEOGRAPHIC EXCEPTION.—Subpara- hibit an authorized State official from pro- proceed in State court, or take other en- graph (A) shall not apply to mailings within ceeding in State court or taking other en- forcement actions, on the basis of an alleged or into any State that is not contiguous with forcement actions on the basis of an alleged violation of local or other law. at least 1 other State of the United States. violation of State or other law. ‘‘(d) PERSONS DEALING IN TOBACCO PROD- For purposes of this paragraph, ‘State’ (6) AUTHORITY OF THE ATTORNEY GENERAL.— UCTS.—Any person who holds a permit under means any of the 50 States or the District of The Attorney General of the United States section 5712 of the Internal Revenue Code of Columbia. may administer and enforce subsection (a). 1986 (regarding permitting of manufacturers ‘‘(2) PACKAGING EXCEPTIONS INAPPLI- (c) DEFINITIONS.—In this section the fol- and importers of tobacco products and ex- CABLE.—Subsection (b) shall not apply to any lowing definitions apply: port warehouse proprietors) may bring an ac- tobacco product made nonmailable by this (1) DELIVERY SALE.—The term ‘‘delivery tion in a United States district court to pre- subsection. sale’’ means any sale of cigarettes or smoke- vent and restrain violations of this Act by ‘‘(3) SEIZURE AND FORFEITURE.—Any ciga- less tobacco to a consumer if— any person (or by any person controlling rettes or smokeless tobacco made non- (A) the consumer submits the order for such person) other than a State, local, or mailable by this subsection that are depos- such sale by means of a telephone or other tribal government. ited in the mails shall be subject to seizure method of voice transmission, the mails, or ‘‘(e) NOTICE.— and forfeiture, and any tobacco products so the Internet or other online service, or the ‘‘(1) PERSONS DEALING IN TOBACCO PROD- seized and forfeited shall either be destroyed seller is otherwise not in the physical pres- UCTS.—Any person who commences a civil or retained by Government officials for the ence of the buyer when the request for pur- action under subsection (d) shall inform the detection or prosecution of crimes or related chase or order is made; or Attorney General of the United States of the investigations and then destroyed. (B) the cigarettes or smokeless tobacco are action. ‘‘(4) ADDITIONAL PENALTIES.—In addition to delivered by use of a common carrier, pri- ‘‘(2) STATE, LOCAL, AND TRIBAL ACTIONS.—It any other fines and penalties imposed by this vate delivery service, or the mails, or the is the sense of Congress that the attorney chapter for violations of this section, any seller is not in the physical presence of the general of any State, or chief law enforce- person violating this subsection shall be sub- buyer when the buyer obtains possession of ment officer of any locality or tribe, that ject to an additional penalty in the amount the cigarettes or smokeless tobacco. commences a civil action under this section of 10 times the retail value of the non- (2) IMPORTER.—The term ‘‘importer’’ means should inform the Attorney General of the mailable cigarettes or smokeless tobacco, in- each of the following: United States of the action. cluding all Federal, State, and local taxes. (A) SHIPPING OR CONSIGNING.—Any person ‘‘(f) PUBLIC NOTICE.— ‘‘(5) USE OF PENALTIES.—There is estab- in the United States to whom nontaxpaid to- ‘‘(1) IN GENERAL.—The Attorney General of lished a separate account in the Treasury the United States shall make available to bacco products manufactured in a foreign known as the ‘PACT Postal Service Fund’. country, Puerto Rico, the Virgin Islands, or the public, by posting such information on Notwithstanding any other provision of law, the Internet and by other appropriate means, a possession of the United States are shipped an amount equal to 50 percent of any crimi- or consigned. information regarding all enforcement ac- nal and civil fines or monetary penalties col- ANUFACTURING WAREHOUSES.—Any tions undertaken by the Attorney General or (B) M lected by the United States Government in person who removes cigars or cigarettes for United States attorneys, or reported to the enforcing the provisions of this subsection sale or consumption in the United States Attorney General, under this section, includ- shall be transferred into the PACT Postal from a customs-bonded manufacturing ware- ing information regarding the resolution of Service Fund and shall be available to the house. such actions and how the Attorney General Postmaster General for the purpose of en- (C) UNLAWFUL IMPORTING.—Any person who and the United States attorney have re- forcing the provisions of this subsection.’’. smuggles or otherwise unlawfully brings to- sponded to referrals of evidence of violations SEC. ll04. COMPLIANCE WITH MODEL STATUTE bacco products into the United States. pursuant to subsection (c)(2). OR QUALIFYING STATUTE. (3) MASTER SETTLEMENT AGREEMENT.—The ‘‘(2) REPORTS TO CONGRESS.—The Attorney (a) IN GENERAL.—A Tobacco Product Manu- term ‘‘Master Settlement Agreement’’ General shall submit to Congress each year a facturer or importer may not sell in, deliver means the agreement executed November 23, report containing the information described to, or place for delivery sale, or cause to be 1998, between the attorneys general of 46 in paragraph (1).’’. sold in, delivered to, or placed for delivery States, the District of Columbia, the Com- SEC. ll03. TREATMENT OF CIGARETTES AND sale in a State that is a party to the Master monwealth of Puerto Rico, and 4 territories SMOKELESS TOBACCO AS NON- Settlement Agreement, any cigarette manu- MAILABLE MATTER. factured by a Tobacco Product Manufacturer of the United States and certain tobacco Section 1716 of title 18, United States Code, that is not in full compliance with the terms manufacturers. is amended— of the Model Statute or Qualifying Statute (4) MODEL STATUTE; QUALIFYING STATUTE.— (1) by redesignating subsections (j) and (k) enacted by such State requiring funds to be The terms ‘‘Model Statute’’ and ‘‘Qualifying as subsections (k) and (l), respectively; and placed into a qualified escrow account under Statute’’ means a statute as defined in sec- (2) by inserting after subsection (i) the fol- specified conditions, or any regulations pro- tion IX(d)(2)(e) of the Master Settlement lowing: mulgated pursuant to such statute. Agreement. ‘‘(j) TOBACCO PRODUCTS.— (b) JURISDICTION TO PREVENT AND RESTRAIN (5) TOBACCO PRODUCT MANUFACTURER.—The ‘‘(1) PROHIBITION.— VIOLATIONS.— term ‘‘Tobacco Product Manufacturer’’ has ‘‘(A) IN GENERAL.—Except as provided in (1) IN GENERAL.—The United States district the meaning given that term in section subparagraphs (C) and (C), all cigarettes (as courts shall have jurisdiction to prevent and II(uu) of the Master Settlement Agreement. that term is defined in section 1(2) of the Act restrain violations of subsection (a) in ac- SEC. ll05. INSPECTION BY BUREAU OF ALCO- of October 19, 1949 (15 U.S.C. 375; commonly cordance with this subsection. HOL, TOBACCO, FIREARMS AND EX- referred to as the ‘Jenkins Act’)) and smoke- (2) INITIATION OF ACTION.—A State, through PLOSIVES OF RECORDS OF CERTAIN less tobacco (as that term is defined in sec- its attorney general, may bring an action in CIGARETTE AND SMOKELESS TO- tion 1(12) of that Act), are nonmailable and the United States district courts to prevent BACCO SELLERS. shall not be deposited in or carried through and restrain violations of subsection (a) by (a) IN GENERAL.—Any officer of the Bureau the mails. The United States Postal Service any person (or by any person controlling of Alcohol, Tobacco, Firearms and Explo- shall not accept for delivery or transmit such person). sives may, during normal business hours, through the mails any package that it knows (3) ATTORNEY FEES.—In any action under enter the premises of any person described in or has reasonable cause to believe contains paragraph (2), a State, through its attorney subsection (b) for the purposes of inspect- any cigarettes or smokeless tobacco made general, shall be entitled to reasonable at- ing— nonmailable by this subsection. torney fees from a person found to have will- (1) any records or information required to ‘‘(B) REASONABLE CAUSE TO BELIEVE.—For fully and knowingly violated subsection (a). be maintained by such person under the pro- purposes of this section, notification to the (4) NONEXCLUSIVITY OF REMEDIES.—The visions of law referred to in subsection (d); or United States Postal Service by the Attor- remedy available under paragraph (2) is in (2) any cigarettes or smokeless tobacco ney General, a United States attorney, or a addition to any other remedies available kept or stored by such person at such prem- State Attorney General that an individual or under Federal, State, or other law. No provi- ises. entity is primarily engaged in the business sion of this title or any other Federal law (b) COVERED PERSONS.—Subsection (a) ap- of transmitting cigarettes or smokeless to- shall be held or construed to prohibit or pre- plies to any person who engages in a delivery

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sale, and who ships, sells, distributes, or re- (d) ENFORCEMENT WITHIN INDIAN COUN- ing participant to a specific law enforcement ceives any quantity in excess of 10,000 ciga- TRY.—Nothing in this title or the amend- agency. rettes, or any quantity in excess of 500 sin- ments made by this title is intended to pro- (2) ACCEPTANCE.—If the eligible participant gle-unit consumer-sized cans or packages of hibit, limit, or restrict enforcement by the accepts an assignment under this subsection, smokeless tobacco, within a single month. Attorney General of the United States of the that eligible participant shall agree to re- (c) RELIEF.— provisions herein within Indian country. main in such assignment for a period equal (1) IN GENERAL.—The district courts of the (e) AMBIGUITY.—Any ambiguity between to not less than the shorter of— United States shall have the authority in a the language of this section or its applica- (A) the period during which the law en- civil action under this subsection to compel tion and any other provision of this title forcement agency needs the services of such inspections authorized by subsection (a). shall be resolved in favor of this section. participant; or (2) VIOLATIONS.—Whoever violates sub- SEC. ll07. EFFECTIVE DATE. (B) 30 days; or section (a) or an order issued pursuant to (a) IN GENERAL.—Except as provided in (C) such other period of time agreed to be- paragraph (1) shall be subject to a civil pen- subsection (b), this title shall take effect on tween the Secretary and the eligible partici- alty in an amount not to exceed $10,000 for the date that is 90 days after the date of en- pant. each violation. actment of this Act. (3) REFUSAL.—An eligible participant may (d) COVERED PROVISIONS OF LAW.—The pro- (b) BATFE AUTHORITY.—Section ll05 refuse an assignment under this subsection visions of law referred to in this subsection shall take effect on the date of enactment of without any adverse consequences. are— this Act. (e) EXPENSES.— (1) the Act of October 19, 1949 (15 U.S.C. 375; (1) IN GENERAL.—Each eligible participant commonly referred to as the ‘‘Jenkins Act’’); SEC. ll08. SEVERABILITY. If any provision of this title, or an amend- shall be allowed travel expenses, including (2) chapter 114 of title 18, United States per diem in lieu of subsistence, at rates au- Code; and ment made by this title, or the application thereof to any person or circumstance is held thorized for employees of agencies under sub- (3) this title. chapter I of chapter 57 of title 5, United invalid, the remainder of the title and the (e) DELIVERY SALE DEFINED.—In this sec- States Code, while carrying out an assign- application of it to any other person or cir- tion, the term ‘‘delivery sale’’ has the mean- ment under subsection (d). cumstance shall not be affected thereby. ing given that term in 2343(e) of title 18, (2) SOURCE OF FUNDS.—Expenses incurred United States Code, as amended by this title. under paragraph (1) shall be paid from SEC. ll06. EXCLUSIONS REGARDING INDIAN SA 363. Mr. ENSIGN proposed an amendment to amendment SA 275 pro- amounts appropriated to the Federal Emer- TRIBES AND TRIBAL MATTERS. gency Management Agency. (a) IN GENERAL.—Nothing in this title or posed by Mr. REID (for himself, Mr. (f) TERMINATION OF ASSISTANCE.—The the amendments made by this title is in- LIEBERMAN, and Ms. COLLINS) to the availability of eligible participants of the tended nor shall be construed to affect, bill S. 4, to make the United States Law Enforcement Assistance Force shall amend, or modify— more secure by implementing unfin- continue for a period equal to the shorter (1) any agreements, compacts, or other of— intergovernmental arrangements between ished recommendations of the 9/11 Commission to fight the war on terror (1) the period of the major disaster; or any State or local government and any gov- (2) 1 year. ernment of an Indian tribe (as that term is more effectively, to improve homeland (g) DEFINITIONS.—In this section— defined in section 4(e) of the Indian Self-De- security, and for other purposes; as fol- (1) the term ‘‘eligible participant’’ means termination and Education Assistance Act lows: an individual participating in the Law En- (25 U.S.C. 450b(e)) relating to the collection On page 389, after line 13, add the fol- forcement Assistance Force; of taxes on cigarettes or smokeless tobacco lowing: (2) the term ‘‘Law Enforcement Assistance sold in Indian country (as that term is de- ll Force’’ means the Law Enforcement Assist- fined in section 1151 of title 18, United States SEC. 15 . LAW ENFORCEMENT ASSISTANCE FORCE. ance Force established under subsection (a); Code); (a) ESTABLISHMENT.—The Secretary shall and (2) any State laws that authorize or other- establish a Law Enforcement Assistance (3) the term ‘‘major disaster’’ has the wise pertain to any such intergovernmental Force to facilitate the contributions of re- meaning given that term in section 102 of the arrangements or create special rules or pro- tired law enforcement officers and agents Robert T. Stafford Disaster Relief and Emer- cedures for the collection of State, local, or during major disasters. gency Assistance Act (42 U.S.C. 5122). tribal taxes on cigarettes or smokeless to- (b) ELIGIBLE PARTICIPANTS.—An individual (h) AUTHORIZATION OF APPROPRIATIONS.— bacco sold in Indian country; may participate in the Law Enforcement As- There are authorized to be appropriated such (3) any limitations under existing Federal sistance Force if that individual— sums as may be necessary to carry out this law, including Federal common law and trea- (1) has experience working as an officer or section. ties, on State, local, and tribal tax and regu- agent for a public law enforcement agency latory authority with respect to the sale, and left that agency in good standing; SA 364. Mrs. HUTCHISON submitted use, or distribution of cigarettes and smoke- (2) holds current certifications for fire- an amendment intended to be proposed less tobacco by or to Indian tribes or tribal arms, first aid, and such other skills deter- members or in Indian country; to amendment SA 275 proposed by Mr. mined necessary by the Secretary; (4) any existing Federal law, including REID (for himself, Mr. LIEBERMAN, and (3) submits to the Secretary an applica- Federal common law and treaties, regarding Ms. COLLINS) to the bill S. 4, to make State jurisdiction, or lack thereof, over any tion, at such time, in such manner, and ac- the United States more secure by im- tribe, tribal members, or tribal reservations; companied by such information as the Sec- plementing unfinished recommenda- and retary may reasonably require, that author- izes the Secretary to review the law enforce- tions of the 9/11 Commission to fight (5) any existing State or local government the war on terror more effectively, to authority to bring enforcement actions ment service record of that individual; and (4) meets such other qualifications as the improve homeland security, and for against persons located in Indian country. other purposes; which was ordered to (b) COORDINATION OF LAW ENFORCEMENT.— Secretary may require. Nothing in this title or the amendments (c) LIABILITY; SUPERVISION.—Each eligible lie on the table; as follows: made by this title shall be construed to in- participant shall— On page 138, between lines 6 and 7, insert hibit or otherwise affect any coordinated law (1) be protected from civil liability to the the following: enforcement effort by 1 or more States or same extent as employees of the Depart- SEC. 401A. INCREASING THE DOMESTIC SUPPLY other jurisdictions, including Indian tribes, ment; and OF NURSES AND PHYSICAL THERA- through interstate compact or otherwise, (2) upon acceptance of an assignment under PISTS. that— this section— (a) REPORT.— (1) provides for the administration of to- (A) be detailed to a Federal, State, or local (1) IN GENERAL.—Not later than January 1, bacco product laws or laws pertaining to government law enforcement agency; 2008, the Secretary of Health and Human interstate sales or other sales of tobacco (B) work under the direct supervision of an Services shall submit to Congress a report on products; officer or agent of that agency; and the shortage of nurses and physical thera- (2) provides for the seizure of tobacco prod- (C) notwithstanding any State or local law pists educated in the United States. ucts or other property related to a violation requiring specific qualifications for law en- (2) CONTENTS.—The report required by of such laws; or forcement officers, be deputized to perform paragraph (1) shall— (3) establishes cooperative programs for the duties of a law enforcement officer. (A) include information from the most re- the administration of such laws. (d) MOBILIZATION.— cent 3 years for which data are available; (c) TREATMENT OF STATE AND LOCAL GOV- (1) IN GENERAL.—In the event of a major (B) provide separate data for each occupa- ERNMENTS.—Nothing in this title or the disaster, the Secretary, after consultation tion and for each State; amendments made by this title is intended, with appropriate Federal, State, and local (C) separately identify the nurses and and shall not be construed to, authorize, dep- government law enforcement agencies, may physical therapists receiving initial licenses utize, or commission States or local govern- request eligible participants to volunteer to in each State and the nurses and physical ments as instrumentalities of the United assist the efforts of those agencies respond- therapists licensed by endorsement from States. ing to such emergency and assign each will- other States;

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2738 CONGRESSIONAL RECORD — SENATE March 6, 2007 (D) identify, from among the nurses and spect to immigrants described in schedule A ‘‘(cc) under the supervision of an adult car- physical therapists receiving initial licenses not later than 30 days after the date on rying the documents described in paragraph in each year, the number of such nurses and which a completed petition has been filed.’’. (1) for such adult.’’. physical therapists who received professional (d) IMPROVING REGISTERED TRAVELER PRO- educations in the United States and the SA 365. Mr. SCHUMER submitted an GRAM.— number of such nurses and physical thera- amendment intended to be proposed to (1) CREATION OF REMOTE ENROLLMENT CEN- TERS.—The Secretary of Homeland Security, pists who received professional educations amendment SA 275 proposed by Mr. outside the United States; in consultation with appropriate representa- (E) to the extent possible, identify, by REID (for himself, Mr. LIEBERMAN, and tives of the Government of Canada, shall cre- State of residence and the country in which Ms. COLLINS) to the bill S. 4, to make ate a minimum of 6 remote enrollment cen- each nurse or physical therapist received a the United States more secure by im- ters for the registered traveler program au- professional education, the number of nurses plementing unfinished recommenda- thorized under section 286(q) of the Immigra- and physical therapists who received profes- tions of the 9/11 Commission to fight tion and Nationality Act (8 U.S.C. 1356(q)), sional educations in any of the 5 countries the war on terror more effectively, to commonly referred to as the NEXUS pro- gram. from which the highest number of nurses and improve homeland security, and for physical therapists emigrated to the United (2) CREATION OF MOBILE ENROLLMENT CEN- States; other purposes; which was ordered to TERS.—The Secretary of Homeland Security, (F) identify the barriers to increasing the lie on the table; as follows: in consultation with appropriate representa- supply of nursing faculty in the United On page 148, between lines 7 and 8, insert tives of the Government of Canada, shall cre- States, domestically trained nurses, and do- the following: ate a minimum of 4 mobile enrollment cen- ters for the program described in paragraph mestically trained physical therapists; SEC. 406. IMPLEMENTATION OF THE WESTERN (G) recommend strategies for Federal and HEMISPHERE TRAVEL INITIATIVE. (1). Such mobile enrollment centers shall be State governments to reduce such barriers, used to accept and process applications in (a) IMPLEMENTATION OF THE WESTERN HEMI- including strategies that address barriers areas currently underserved by such pro- SPHERE TRAVEL INITIATIVE AFTER JUNE 1, grams. The Secretary shall work with State that prevent health care workers, such as 2009.—Section 7209(b)(1)(A) of the Intel- and local authorities in determining the lo- home health aides and nurse’s assistants, ligence Reform and Terrorism Prevention from advancing to become registered nurses; cations of such mobile enrollment centers. Act of 2004 (Public Law 108–458; 8 U.S.C. 1185 (H) recommend amendments to Federal (3) ONLINE APPLICATION PROCESS.—The Sec- note) is amended— law to reduce the barriers identified in sub- retary of Homeland Security shall design an (1) by striking ‘‘not later than three paragraph (F); online application process for the program months’’ and inserting ‘‘not earlier than 6 (I) recommend Federal grants, loans, and described in paragraph (1). Such process shall months’’; other incentives that would increase the sup- permit individuals to securely submit their (2) by striking ‘‘subsection (B)’’ and insert- ply of nursing faculty and training facilities applications online and schedule a security ing ‘‘subparagraph (B)’’; and for nurses in the United States, and rec- interview at the nearest enrollment center. (3) by striking ‘‘whichever is earlier’’ and ommend other steps to increase the number (4) PROMOTING ENROLLMENT.— inserting ‘‘whichever is later’’. of nurses and physical therapists who receive (A) CREATING INCENTIVES FOR ENROLL- professional educations in the United States; (b) ISO STANDARDS FOR CARD READERS.— MENT.—In order to encourage applications (J) identify the effects of emigration by Section 7209(b)(1)(B) of the Intelligence Re- for the program described in paragraph (1), nurses on the health care systems in the form and Terrorism Prevention Act of 2004 the Secretary of Homeland Security shall de- countries of origin of such nurses; (Public Law 108–458; 8 U.S.C. 1185 note) is velop a plan to charge participants a fee that (K) recommend amendments to Federal amended— is as low as practicable for each card issued. law to minimize the effects of shortages of (1) in clause (vi), by striking ‘‘and’’; The fee for the first renewal application for nurses in the countries of origin of nurses (2) in clause (vii), by striking the period participation in such program shall be who immigrate to the United States; and and inserting ‘‘; and’’; and waived. The Secretary shall submit to the (L) report on the level of Federal invest- (3) by inserting after clause (vii) the fol- Committee on Homeland Security of the ment determined under subsection (b)(1) to lowing new clause: House of Representatives and the Committee be necessary to eliminate the shortage of ‘‘(viii) the National Institute of Standards on Homeland Security and Governmental Af- nurses and physical therapists in the United and Technology certifies that the Depart- fairs of the Senate a report that explains the States. ments of Homeland Security and State have reasons for the fee that is established. (b) CONSULTATION.—The Secretary of selected card readers that meet or exceed (B) PUBLICITY CAMPAIGN.—The Secretary Health and Human Services shall— such security standards as the International shall carry out a program to educate the (1) enter into a contract with the Institute Organization for Standardization may estab- public regarding the benefits of the program of Medicine of the National Academies to de- lish.’’. described in paragraph (1). termine the level of Federal investment (c) APPLICATION OF THE WESTERN HEMI- (5) TRAVEL DOCUMENT FOR TRAVEL INTO under titles VII and VIII of the Public SPHERE TRAVEL INITIATIVE TO CHILDREN.— UNITED STATES.—For purposes of the plan re- Health Service Act (42 U.S.C. 292 et seq.) that Section 7209(b)(2) of the Intelligence Reform quired under section 7209(b) of the Intel- would be necessary to eliminate the shortage and Terrorism Prevention Act of 2004 (Public ligence Reform and Terrorism Prevention of nurses and physical therapists in the Law 108–458; 8 U.S.C. 1185 note) is amended— Act of 2004 (Public Law 108–458; 8 U.S.C. 1185 United States by January 1, 2015; and (1) by striking ‘‘The plan’’ and inserting note), an identification card issued to a par- (2) consult with other agencies in working the following: ticipant in the program described in para- with ministers of health or other appropriate ‘‘(A) IN GENERAL.—Except as provided in graph (1) shall be considered a document suf- officials of the 5 countries from which the subparagraph (B), the plan’’; and ficient on its own when produced to denote highest number of nurses and physical thera- (2) by inserting after subparagraph (A), as identity and citizenship for travel into the pists emigrated, as reported under sub- redesignated, the following new subpara- United States by United States citizens and section (a)(2)(E), to— graph: by categories of individuals for whom docu- (A) address shortages of nurses and phys- ‘‘(B) APPLICATION TO CHILDREN.—The plan mentation requirements have previously ical therapists in such countries caused by developed under paragraph (1) shall allow a been waived under section 212(d)(4)(B) of the emigration; and citizen of the United States or Canada to Immigration and Nationality Act (8 U.S.C. (B) provide the technical assistance needed travel from Canada into the United States 1182(d)(4)(B)). to reduce further shortages of nurses and without carrying or producing the docu- physical therapists in such countries. ments described in paragraph (1) if such cit- SA 366. Mr. SCHUMER submitted an (c) RECAPTURE OF UNUSED EMPLOYMENT- izen— amendment intended to be proposed to BASED IMMIGRANT VISAS.—Section 106(d) of ‘‘(i) carries and produces a certified copy of amendment SA 275 proposed by Mr. the American Competitiveness in the Twen- such citizen’s birth certificate; and REID (for himself, Mr. LIEBERMAN, and ty-first Century Act of 2000 (Public Law 106– ‘‘(ii) either— Ms. COLLINS) to the bill S. 4, to make 313; 8 U.S.C. 1153 note) is amended— ‘‘(I) has not attained age 16 and is trav- the United States more secure by im- (1) in paragraph (1)— eling with the consent of such citizen’s par- plementing unfinished recommenda- (A) by inserting ‘‘1996, 1997,’’ after ‘‘avail- ent or guardian; or tions of the 9/11 Commission to fight able in fiscal year’’; and ‘‘(II) has attained age 16, but has not at- (B) by inserting ‘‘group I,’’ after ‘‘schedule tained age 19, and is traveling— the war on terror more effectively, to A,’’; ‘‘(aa) with the consent of such citizen’s improve homeland security, and for (2) in paragraph (2)(A), by inserting ‘‘1996, parent or guardian; other purposes; which was ordered to 1997, and’’ after ‘‘available in fiscal years’’; ‘‘(bb) with a group of other such citizens lie on the table; as follows: and who have attained age 16, but have not at- At the appropriate place, insert the fol- (3) by adding at the end the following: tained age 19, including a public or private lowing: ‘‘(4) PETITIONS.—The Secretary of Home- school group, a religious group, a social or SEC. ll. MEDICAL ISOTOPE PRODUCTION. land Security shall provide a process for re- cultural organization, or a youth athletics Section 134 b. of the Atomic Energy Act of viewing and acting upon petitions with re- organization; and 1954 (42 U.S.C. 2160d(b)) is amended—

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(1) in paragraph (1), by striking subpara- the Federal Motor Carrier Safety Adminis- (2) MAJOR DISASTER.—The term ‘‘major dis- graph (D); tration on November 11, 2004; aster’’ has the meanings given such term in (2) by striking paragraph (2); (ii) the ability of tracking technology to section 102 of the Robert T. Stafford Disaster (3) in paragraph (3), by striking ‘‘paragraph resist tampering and disabling; Relief and Emergency Assistance Act (42 (2)’’ and inserting ‘‘this section’’; (iii) the capability of tracking technology U.S.C. 5122). (4) in paragraph (4)— to collect, display, and store information re- (3) QUALIFIED VOLUNTEER FIRE DEPART- (A) in subparagraph (A)(iv), by striking garding the movement of shipments of high MENT.—The term ‘‘qualified volunteer fire ‘‘cost differential in medical isotope produc- hazard materials by commercial motor vehi- department’’ has the meaning given such tion in the reactors and target processing fa- cles; and term in section 150(e) of the Internal Rev- cilities if the products’’ and inserting ‘‘cost (iv) the appropriate range of contact inter- enue Code of 1986. differential of radiopharmaceuticals to pa- vals between the tracking technology and a (4) VOLUNTEER EMERGENCY MEDICAL SERV- tients if the radiopharmaceuticals’’; and commercial motor vehicle transporting high ICES.—The term ‘‘volunteer emergency med- (B) by striking subparagraph (B) and in- hazard materials. ical services’’ means emergency medical serting the following: (b) REGULATIONS.—Not later than 1 year services performed on a voluntary basis for a ‘‘(B) FEASIBILITY.—For the purpose of this after the date of the enactment of this Act, fire department or other emergency organi- subsection, the use of low enriched uranium the Secretary, through the Transportation zation. to produce medical isotopes shall be deter- Security Administration, shall promulgate (5) VOLUNTEER FIREFIGHTER.—The term mined to be feasible if it could be accom- regulations to carry out the provisions of ‘‘volunteer firefighter’’ means an individual plished without a large percentage increase subsection (a). who is a member in good standing of a quali- in the cost of radiopharmaceuticals to pa- (c) FUNDING.—There are authorized to be fied volunteer fire department. tients.’’; appropriated to the Secretary to carry out SEC. l03. TERMINATION OF EMPLOYMENT OF (5) in paragraph (5), by striking this section, $7,000,000 for each of fiscal years VOLUNTEER FIREFIGHTERS AND ‘‘(4)(B)(iii)’’ and inserting ‘‘(4)(B)’’; 2008, 2009, and 2010, of which— EMERGENCY MEDICAL PERSONNEL PROHIBITED. (6) in paragraph (6), by striking (1) $3,000,000 per year may be used for (a) TERMINATION PROHIBITED.—No employee equipment; and ‘‘(4)(B)(iii)’’ and inserting ‘‘(4)(B)’’; and may be terminated, demoted, or in any other (2) $1,000,000 per year may be used for oper- (7) in paragraph (7), by striking ‘‘sub- manner discriminated against in the terms ations. section’’ and inserting ‘‘section for highly and conditions of employment because such enriched uranium for medical isotope pro- Mr. CARPER submitted an employee is absent from or late to the em- duction’’. SA 368. ployee’s employment for the purpose of serv- amendment intended to be proposed to ing as a volunteer firefighter or providing SA 367. Mr. SCHUMER submitted an amendment SA 275 proposed by Mr. volunteer emergency medical services as amendment intended to be proposed to REID (for himself, Mr. LIEBERMAN, and part of a response to an emergency or major amendment SA 275 proposed by Mr. Ms. COLLINS) to the bill S. 4, to make disaster. REID (for himself, Mr. LIEBERMAN, and the United States more secure by im- (b) DEPLOYMENT.—The prohibition in sub- Ms. COLLINS) to the bill S. 4, to make plementing unfinished recommenda- section (a) shall apply to an employee serv- ing as a volunteer firefighter or providing the United States more secure by im- tions of the 9/11 Commission to fight plementing unfinished recommenda- volunteer emergency medical services if such the war on terror more effectively, to employee— tions of the 9/11 Commission to fight improve homeland security, and for (1) is specifically deployed to respond to the war on terror more effectively, to other purposes; which was ordered to the emergency or major disaster in accord- improve homeland security, and for lie on the table; as follows: ance with a coordinated national deployment other purposes; which was ordered to At the end of title XI, add the following: system such as the Emergency Management Assistance Compact or a pre-existing mutual lie on the table; as follows: SEC. 1104. AVAILABILITY OF FUNDS FOR THE On page 303, strike line 12 and all that fol- PUBLIC INTEREST DECLASSIFICA- aid agreement; or lows through page 305, line 18, and insert the TION BOARD. (2) is a volunteer firefighter who— following: Section 21067 of the Continuing Appropria- (A) is a member of a qualified volunteer of Transportation, shall develop a program tions Resolution, 2007 (division B of Public fire department that is located in the State to facilitate the tracking of motor carrier Law 109-289; 120 Stat. 1311), as amended by in which the emergency or major disaster oc- shipments of high hazard materials, as de- Public Law 109–369 (120 Stat. 2642), Public curred; fined in this title, and to equip vehicles used Law 109–383 (120 Stat. 2678), and Public Law (B) is not a member of a qualified fire de- in such shipments with technology that pro- 110–5, is amended by adding at the end the partment that has a mutual aid agreement vides— following new subsection: with a community affected by such emer- (A) frequent or continuous communica- ‘‘(c) From the amount provided by this sec- gency or major disaster; and tions; tion, the National Archives and Records Ad- (C) has been deployed by the emergency (B) vehicle position location and tracking ministration may obligate monies necessary management agency of such State to respond capabilities; to carry out the activities of the Public In- to such emergency or major disaster. (C) a feature that allows a driver of such terest Declassification Board.’’. (c) LIMITATIONS.—The prohibition in sub- vehicles to broadcast an emergency message; section (a) shall not apply to an employee and SA 369. Mr. CARPER submitted an who— (D) a feature that can be concealed and in- amendment intended to be proposed to (1) is absent from the employee’s employ- stalled by a motor carrier on a commercial amendment SA 275 proposed by Mr. ment for the purpose described in subsection (a) for more than 14 days per calendar year; motor vehicle and can be activated by a law REID (for himself, Mr. LIEBERMAN, and enforcement authority to disable the vehicle (2) responds on the emergency or major Ms. COLLINS) to the bill S. 4, to make disaster without being officially deployed as and alert emergency response resources to the United States more secure by im- locate and recover high hazard materials in described in subsection (b); or the event of loss or theft of such materials. plementing unfinished recommenda- (3) fails to provide the written verification described in subsection (e) within a reason- (2) CONSIDERATIONS.—In developing the tions of the 9/11 Commission to fight program required by paragraph (1), the Sec- the war on terror more effectively, to able period of time. (d) WITHHOLDING OF PAY.—An employer retary shall— improve homeland security, and for may reduce an employee’s regular pay for (A) consult with the Secretary of Trans- other purposes; which was ordered to any time that the employee is absent from portation to coordinate the program with lie on the table; as follows: the employee’s employment for the purpose any ongoing or planned efforts for motor car- At the appropriate place, insert the fol- described in subsection (a). rier or high hazardous materials tracking at lowing: (e) VERIFICATION.—An employer may re- the Department of Transportation; quire an employee to provide a written (B) take into consideration the rec- TITLE ll—PROTECTION OF FIREFIGHTERS verification from the official of the Federal ommendations and findings of the report on Emergency Management Agency supervising the Hazardous Material Safety and Security SEC. l01. SHORT TITLE. the Federal response to the emergency or Operation Field Test released by the Federal This title may be cited as the ‘‘Volunteer major disaster or a local or State official Motor Carrier Safety Administration on No- Firefighter and EMS Personnel Job Protec- managing the local or State response to the vember 11, 2004; and tion Act’’. emergency or major disaster that states— (C) evaluate— SEC. l02. DEFINITIONS. (1) the employee responded to the emer- (i) any new information related to the cost In this title: gency or major disaster in an official capac- and benefits of deploying and utilizing track- (1) EMERGENCY.—The term ‘‘emergency’’ ity; and ing technology for motor carriers trans- has the meaning given such term in section (2) the schedule and dates of the employ- porting high hazard materials not included 102 of the Robert T. Stafford Disaster Relief ee’s participation in such response. in the Hazardous Material Safety and Secu- and Emergency Assistance Act (42 U.S.C. (f) REASONABLE NOTICE REQUIRED.—An em- rity Operation Field Test Report released by 5122). ployee who may be absent from or late to the

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE S2740 CONGRESSIONAL RECORD — SENATE March 6, 2007 employee’s employment for the purpose de- (B) under the rules of the Senate and the administered by the Department specifically scribed in subsection (a) shall— House of Representatives in effect at the takes into account the evacuation, transpor- (1) make a reasonable effort to notify the time the report was completed, the commit- tation, health care needs, and other needs of employee’s employer of such absence; and tees of Congress charged with oversight of the elderly in the event of an emergency or (2) continue to provide reasonable notifica- the intelligence activities lacked the power, major disaster. tions over the course of such absence. influence, and sustained capability to meet ‘‘(B) CONSIDERATIONS.—In carrying out sub- SEC. l04. RIGHT OF ACTION. the daunting challenges faced by the intel- paragraph (A), the Secretary shall consider— (a) RIGHT OF ACTION.—An individual who ligence community of the United States; ‘‘(i) the input of geriatricians and other has been terminated, demoted, or in any (C) as long as such oversight is governed by gerontology experts; and other manner discriminated against in the such rules of the Senate and the House of ‘‘(ii) congressional hearing records on terms and conditions of employment in vio- Representatives, the people of the United emergency planning for the elderly. lation of the prohibition described in section States will not get the security they want ‘‘(3) TRAINING.—The Secretary shall ensure l03 may bring, in a district court of the and need; that any program or activity to train emer- United States of appropriate jurisdiction, a (D) a strong, stable, and capable congres- gency response providers (including law en- civil action against individual’s employer sional committee structure is needed to give forcement officers) regarding responding to seeking— the intelligence community of the United an emergency or major disaster that receives (1) reinstatement of the individual’s States appropriate oversight, support, and funds under a grant administered by the De- former employment; leadership; and partment includes specific training compo- (2) payment of back wages; (E) the reforms recommended by the 9/11 nents on the needs of the elderly. (3) reinstatement of fringe benefits; and Commission in its final report will not suc- ‘‘(4) EXERCISES.—The Secretary shall en- (4) if the employment granted seniority ceed if congressional oversight of the intel- sure that each exercise designed to prepare rights, reinstatement of seniority rights. ligence community in the United States is for responding to an emergency or major dis- (b) LIMITATION.—The individual shall com- not changed. aster conducted with funds received under a mence a civil action under this section not (3) The 9/11 Commission recommended grant administered by the Department in- later than 1 year after the date of the viola- structural changes to Congress, including cludes, as a component of the exercise, re- tion of the prohibition described in section recommending that the committees of Con- sponding to the needs of the elderly. l03. gress that are charged with oversight of the ‘‘(5) EDUCATION.—The Secretary shall— SEC. l05. STUDY AND REPORT. intelligence community be provided with the ‘‘(A) develop consumer education materials (a) STUDY.—The Secretary of Labor shall authority to authorize and appropriate funds specifically designed to assist the elderly in conduct a study on the impact that this title for intelligence activities. preparing themselves for any sort of emer- could have on the employers of volunteer (4) Congress has enacted some of the rec- gency; and firefighters or individuals who provide vol- ommendations made by the 9/11 Commission ‘‘(B) develop and distribute templates to unteer emergency medical services and who and is considering implementing additional local governments (including emergency may be called on to respond to an emergency recommendations of the 9/11 Commission. management agencies and community-based or major disaster. (5) The House of Representatives, under service providers) that can be tailored to (b) REPORT.—Not later than 12 months the leadership of the Speaker of the House, each community. after the date of the enactment of this Act, has implemented structural changes within the Secretary of Labor shall submit to the that body with respect to oversight of intel- SA. 372. Mr. FEINGOLD (for himself, appropriate congressional committees a re- ligence. Mr. CRAIG, Ms. MURKOWSKI, Mr. SPEC- port on the study conducted under sub- (6) The Senate has not passed a resolution TER, Mr. SALAZAR, Mr. DURBIN, Mr. section (a). that expressly grants and carefully limits SUNUNU, Mr. LEAHY, and Mr. HAGEL) (c) APPROPRIATE CONGRESSIONAL COMMIT- the authority of the Select Committee on In- submitted an amendment intended to TEES.—In this section, the term ‘‘appropriate telligence of the Senate to both authorize be proposed to amendment SA 275 pro- congressional committees’’ means the Com- and appropriate funds for activities carried posed by Mr. REID (for himself, Mr. out by the intelligence community, as rec- mittee on Health, Education, Labor, and LIEBERMAN, and Ms. COLLINS) to the Pensions and the Committee on Small Busi- ommended by the 9/11 Commission. bill S. 4, to make the United States ness and Entrepreneurship of the Senate and (b) SENSE OF THE SENATE.—It is the sense the Committee on Education and the Work- of the Senate that the Committee on Home- more secure by implementing unfin- force and the Committee on Small Business land Security and Governmental Affairs and ished recommendations of the 9/11 of the House of Representatives. the Select Committee on Intelligence of the Commission to fight the war on terror SA. 370. Mr. BOND submitted an Senate each should— more effectively, to improve homeland amendment intended to be proposed to (1) undertake a review of the recommenda- security, and for other purposes; which amendment SA 275 proposed by Mr. tions made in the final report of the 9/11 was ordered to lie on the table; as fol- Commission with respect to intelligence re- lows: REID (for himself, Mr. LIEBERMAN, and form and congressional intelligence over- At the end of the bill, add the following: Ms. COLLINS) to the bill S. 4, to make sight reform; and the United States more secure by im- (2) not later than December 21, 2007, submit TITLE lll—WARRANTS, ORDERS, AND plementing unfinished recommenda- to the Senate a report that includes the rec- NATIONAL SECURITY LETTERS tions of the 9/11 Commission to fight ommendations of the Committee, if any, for SEC. ll01. LIMITATION ON REASONABLE PE- carrying out such reforms. RIOD FOR DELAY. the war on terror more effectively, to Section 3103a(b)(3) of title 18, United States improve homeland security, and for SA. 371. Mr. KOHL submitted an Code, is amended by striking ‘‘30 days’’ and other purposes; which was ordered to amendment intended to be proposed to inserting ‘‘7 days’’. lie on the table; as follows: amendment SA 275 proposed by Mr. SEC. ll02. JUDICIAL REVIEW OF FISA ORDERS At the appropriate place, insert the fol- AND NATIONAL SECURITY LETTERS. REID (for himself, Mr. LIEBERMAN, and lowing: (a) FISA.—Section 501(f)(2) of the Foreign Ms. COLLINS) to the bill S. 4, to make Intelligence Surveillance Act of 1978 (50 SEC. ll. SENSE OF THE SENATE REGARDING A REPORT ON THE 9/11 COMMISSION the United States more secure by im- U.S.C. 1861(f)(2)) is amended— RECOMMENDATIONS WITH RESPECT plementing unfinished recommenda- (1) in subparagraph (A)— TO INTELLIGENCE REFORM AND tions of the 9/11 Commission to fight (A) in clause (i)— CONGRESSIONAL INTELLIGENCE the war on terror more effectively, to (i) by striking ‘‘a production order’’ the OVERSIGHT REFORM. improve homeland security, and for first place that term appears and inserting (a) FINDINGS.—Congress makes the fol- ‘‘a production order or nondisclosure order’’; lowing findings: other purposes; which was ordered to and (1) The National Commission on Terrorist be on the table; as follows: (ii) by striking ‘‘Not less than 1 year’’ and Attacks Upon the United States (referred to On page 91, between lines 15 and 16, insert all that follows through the end of the in this section as the ‘‘9/11 Commission’’) the following: clause; and conducted a lengthy review of the facts and ‘‘(f) EMERGENCY PLANNING FOR THE ELDER- (B) in clause (ii), by striking ‘‘production circumstances relating to the terrorist at- LY.— order or nondisclosure’’; and tacks of September 11, 2001, including those ‘‘(1) DEFINITION.—In this subsection, the (2) in subparagraph (C), by striking clause relating to the intelligence community, law term ‘emergency’ has meaning given that (ii) and redesignating clause (iii) as clause enforcement agencies, and the role of con- term in section 102 of the Robert T. Stafford (ii). gressional oversight and resource allocation. Disaster Relief and Emergency Assistance (b) JUDICIAL REVIEW OF NATIONAL SECURITY (2) In its final report, the 9/11 Commission Act (42 U.S.C. 5122). LETTERS.—Section 3511(b) of title 18, United found that— ‘‘(2) PLANNING.— States Code, is amended— (A) congressional oversight of the intel- ‘‘(A) IN GENERAL.—The Secretary shall en- (1) in paragraph (2), by striking ‘‘If, at the ligence activities of the United States is dys- sure that any emergency planning program time of the petition,’’ and all that follows functional; or activity that receives funds under a grant through the end of the paragraph; and

VerDate Aug 31 2005 05:55 Aug 14, 2007 Jkt 059060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S06MR7.REC S06MR7 mmaher on PRODPC24 with CONG-REC-ONLINE March 6, 2007 CONGRESSIONAL RECORD — SENATE S2741 (2) in paragraph (3), by striking ‘‘If the re- COMMITTEE ON ARMED SERVICES on Tuesday, March 6, 2007 at 9:30 a.m. certification that disclosure may’’ and all Mr. LIEBERMAN. Mr. President, I in the Cannon Caucus Room, to hear that follows through ‘‘made in bad faith.’’. ask unanimous consent that the Com- the legislative presentation of the Vet- SEC. ll03. FACTUAL BASIS FOR REQUESTED mittee on Armed Services be author- erans of Foreign Wars. ORDER. ized to meet during the session of the Section 501(b)(2)(A) of the Foreign Intel- The PRESIDING OFFICER. Without ligence Surveillance Act of 1978 (50 U.S.C. Senate on Tuesday, March 6, at 9:30 objection, it is so ordered. 1861(b)(2)(A)) is amended to read as follows: a.m., in open session to receive testi- SELECT COMMITTEE ON INTELLIGENCE ‘‘(A) a statement of facts showing that mony on care, living conditions, and Mr. LIEBERMAN. Mr. President, I there are reasonable grounds to believe that administration of outpatients at Wal- ask unanimous consent that the Select the records or other things sought— ter Reed Army Medical Center. Committee on Intelligence be author- ‘‘(i) are relevant to an authorized inves- The PRESIDING OFFICER. Without ized to meet during the session of the tigation (other than a threat assessment) objection, it is so ordered. conducted in accordance with subsection Senate on March 6, 2007 at 2:30 p.m. to (a)(2) to obtain foreign intelligence informa- COMMITTEE ON COMMERCE, SCIENCE, AND hold a closed hearing. tion not concerning a United States person TRANSPORTATION The PRESIDING OFFICER. Without or to protect against international terrorism Mr. LIEBERMAN. Mr. President, I objection, it is so ordered. or clandestine intelligence activities; and ask unanimous consent that the Com- f ‘‘(ii) either— mittee on Commerce, Science, and ‘‘(I) pertain to a foreign power or an agent Transportation be authorized to hold a EXECUTIVE SESSION of a foreign power; hearing during the session of the Sen- Mr. REID. Mr. President, I ask unan- ‘‘(II) are relevant to the activities of a sus- ate on Tuesday, March 6, 2007, at 10:30 pected agent of a foreign power who is the imous consent that the Senate proceed subject of such authorized investigation; or a.m., in room 253 of the Russell Senate to executive session to consider the ‘‘(III) pertain to an individual in contact Office Building. The purpose of the nomination of Ryan C. Crocker to be with, or known to, a suspected agent of a for- hearing is to review the Corporate Av- Ambassador to Iraq. This was reported eign power; and’’. erage Fuel Economy Program. out of the Foreign Relations Com- SEC. ll04. NATIONAL SECURITY LETTER SUN- The PRESIDING OFFICER. Without mittee earlier today. I ask unanimous SET. objection, it is so ordered. consent that the nomination be con- Section 102 of the USA PATRIOT Improve- COMMITTEE ON FOREIGN RELATIONS firmed, a motion to reconsider be laid ment and Reauthorization Act of 2005 (Public Mr. LIEBERMAN. Mr. President, I Law 109-177; 120 Stat. 194) is amended by add- upon the table, that any statements be ing at the end the following: ask unanimous consent that the Com- printed at the appropriate place in the ‘‘(c) OTHER SUNSETS.— mittee on Foreign Relations be author- RECORD, the President be immediately ‘‘(1) IN GENERAL.—Effective December 31, ized to meet during the session of the notified of the Senate’s action, and 2009, the following provisions are amended so Senate on Tuesday, March 6, 2007, at that the Senate return to legislative that they read as they read on February 27, 2:15 p.m. to hold a business meeting. session. 2006: The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ‘‘(A) Section 2709 of title 18, United States objection, it is so ordered. objection, it is so ordered. Code. ‘‘(B) Sections 626 and 627 of the Fair Credit COMMITTEE ON HEALTH, EDUCATION, LABOR, The nomination considered and con- Reporting Act (15 U.S.C. 1681u and 1681v). AND PENSIONS firmed is as follows: ‘‘(C) Section 1114 of the Right to Financial Mr. LIEBERMAN. Mr. President, I Ryan C. Crocker, of Washington, a Career Privacy Act (12 U.S.C. 3414). ask unanimous consent that the Com- Member of the Senior Foreign Service with ‘‘(D) Section 802 of the National Security mittee on Health, Education, Labor, the Personal Rank of Career Ambassador, to Act of 1947 (50 U.S.C. 436). and Pensions be authorized to hold a be Ambassador Extraordinary and Pleni- ‘‘(2) EXCEPTION.—With respect to any par- potentiary of the United States of America hearing during the session of the Sen- to the Republic of Iraq. ticular foreign intelligence investigation ate on Tuesday, March 6, 2007 at 10 a.m. that began before the date on which the pro- f visions referred to in paragraph (1) cease to in SD–430. have effect, or with respect to any particular The PRESIDING OFFICER. Without LEGISLATIVE SESSION offense or potential offense that began or oc- objection, it is so ordered. The PRESIDING OFFICER. The Sen- curred before the date on which such provi- COMMITTEE ON THE JUDICIARY ate will now return to legislative ses- sions cease to have effect, such provisions Mr. LIEBERMAN. Mr. President, I sion. shall continue in effect.’’. ask unanimous consent that the Com- f f mittee on the Judiciary be authorized NOTICES OF HEARINGS/MEETINGS to meet to conduct a hearing on ‘‘Pre- RELATIVE TO THE DEATH OF serving Prosecutorial Independence: Is THOMAS F. EAGLETON COMMITTEE ON SMALL BUSINESS AND the Department of Justice Politicizing ENTREPRENEURSHIP Mr. REID. Mr. President, I ask unan- the Hiring and Firing of U.S. Attor- Mr. KERRY. Mr. President, I would imous consent that the Senate proceed neys?—Part II’’ on Tuesday, March 6, like to inform Members that the Com- to the immediate consideration of S. 2007 at 10 a.m. in Dirksen Senate Office mittee will hold a hearing entitled Res. 97 submitted earlier today. Building Room 226. ‘‘Small Business Solutions for Com- The PRESIDING OFFICER. The bating Climate Change,’’ on Thursday, Witness List: clerk will report the resolution by March 8, 2007 at 10 a.m. in Russell 428A. H.E. ‘‘Bud’’ Cummins, III, Former title. U.S. Attorney, Eastern District of Ar- The assistant legislative clerk read f kansas, Little Rock, AR. as follows: AUTHORITY FOR COMMITTEES TO David C. Iglesias, Former U.S. Attor- A resolution (S. Res. 97) relative to the MEET ney, District of New Mexico, Albu- death of Thomas F. Eagleton, former United COMMITTEE ON AGRICULTURE, NUTRITION, AND querque, NM. States Senator for the State of Missouri. FORESTRY Carol Lam, Former U.S. Attorney, There being no objection, the Senate Mr. LIEBERMAN. Mr. President, I Southern District of California, San proceeded to consider the resolution. ask unanimous consent that the Com- Diego, CA. Mr. REID. I ask unanimous consent mittee on Agriculture, Nutrition, and John McKay, Former U.S. Attorney, that the resolution be agreed to, the Forestry be authorized to conduct a Western District of Washington, Se- preamble be agreed to, the motion to hearing during the session of the Sen- attle, WA. reconsider be laid upon table, and any ate on Tuesday, March 6, 2007, at 9:30 The PRESIDING OFFICER. Without statements be printed at the appro- a.m. in SH–216, Senate Hart Office objection, it is so ordered. priate place in the RECORD as if given, Building. The subject of this com- COMMITTEE ON VETERANS’ AFFAIRS with no intervening action or debate. mittee hearing will be ‘‘Child Nutrition Mr. LIEBERMAN. Mr. President, I The PRESIDING OFFICER. Without and the School Setting.’’ ask unanimous consent the Committee objection, it is so ordered. The PRESIDING OFFICER. Without on Veterans’ Affairs be authorized to The resolution (S. Res. 97) was agreed objection, it is so ordered. meet during the session of the Senate to.

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Res. 98) providing for amendment prior to the vote; that at year career in elected office dedicating him- members on the part of the Senate of the 10 a.m., without further intervening ac- self to his country and his home state, rep- Joint Committee on Printing and the Joint tion or debate, the Senate proceed to resenting Missouri in the United States Sen- Committee of Congress on the Library. ate for 18 years; vote in relation to the McCaskill Whereas Thomas F. Eagleton served in the There being no objection, the Senate amendment; that upon disposition of United States Navy from 1948 until 1949; proceeded to consider the resolution. that amendment, the Senate vote in re- Whereas Thomas F. Eagleton, a graduate Mr. REID. Mr. President, I ask unan- lation to the Collins amendment; that of Amherst College and Harvard University imous consent that the resolution be there be 2 minutes equally divided be- Law School, launched his political career agreed too, the motion to reconsider be tween the votes; and that following the with his election as St. Louis Circuit Attor- ney in 1956 and was elected Missouri Attor- laid on the table, and that any state- second vote, the Senate proceed as a ney General in 1960 and Missouri Lieutenant ments relating thereto be printed at body to the House of Representatives Governor in 1964; the appropriate place in the RECORD as for the joint meeting to hear an ad- Whereas Thomas F. Eagleton was elected if given, with no intervening action or dress by the King of Jordan; that the to the United States Senate in 1968, ulti- debate. Senate then stand in recess subject to mately serving three terms and leaving an The PRESIDING OFFICER. Without the call of the Chair. imprint on United States history by co-au- objection, it is so ordered. The PRESIDING OFFICER. Without thoring legislation creating the Pell Grant program to provide youth with higher edu- The resolution (S. Res. 98) was agreed objection, it is so ordered. cation assistance, helping to create the Na- to, as follows: f tional Institute on Aging, and leading the S. RES. 98 charge to designate 8 federally-protected wil- Resolved, That the following named Mem- ADJOURNMENT UNTIL 9:30 A.M. derness areas in southern Missouri; bers be, and they are hereby, elected mem- Whereas Thomas F. Eagleton continued to bers of the following joint committees of TOMORROW contribute to his community, state, and na- Congress: Mr. REID. Mr. President, if there is tion following his 1986 retirement by prac- JOINT COMMITTEE ON PRINTING: Mrs. Fein- no further business to come before the ticing law, teaching college courses, writing stein, Mr. Inouye, Mrs. Murray, Mr. Bennett, political commentaries, and encouraging ci- Senate today, and the Republican lead- and Mr. Chambliss. er has no business to be brought before vility in politics; JOINT COMMITTEE OF CONGRESS ON THE LI- Resolved, That the Senate has heard with BRARY: Mrs. Feinstein, Mr. Dodd, Mr. Schu- the Senate, I ask unanimous consent profound sorrow and deep regret the an- mer, Mr. Bennett, and Mr. Stevens. that the Senate stand adjourned under nouncement of the death of the Honorable the provisions of S. Res. 97, as a further f Thomas F. Eagleton, former member of the mark of respect to our late colleague, United States Senate. ORDERS FOR WEDNESDAY, MARCH Resolved, That the Secretary of the Senate former Senator Thomas Eagleton. communicate these resolutions to the House 7, 2007 There being no objection, the Senate, of Representatives and transmit an enrolled Mr. REID. Mr. President, I ask unan- at 7:43 p.m., adjourned until Wednes- copy thereof to the family of the deceased. imous consent that when the Senate day, March 7, 2007, at 9:30 a.m. Resolved, That when the Senate stands ad- completes its business today, it stand journed today, it stand adjourned as a fur- f ther mark of respect to the memory of the adjourned until 9:30 a.m. Wednesday morning, March 7; that on Wednesday Honorable Thomas F. Eagleton. CONFIRMATION following the prayer and the pledge, f the Journal of the proceedings be ap- Executive nomination confirmed by MEMBERSHIP OF THE JOINT COM- proved to date, the morning hour be the Senate Tuesday, March 6, 2007: MITTEE ON PRINTING AND THE deemed to have expired, the time for DEPARTMENT OF STATE JOINT COMMITTEE ON THE LI- the two leaders be reserved for their RYAN C. CROCKER, OF WASHINGTON, A CAREER MEM- BRARY use later in the day; that the Senate BER OF THE SENIOR FOREIGN SERVICE WITH THE RANK PERSONAL RANK OF CAREER AMBASSADOR, TO BE AM- Mr. REID. Mr. President, I ask unan- then return to S. 4 and the McCaskill BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF amendment No. 316 and the Collins THE UNITED STATES OF AMERICA TO THE REPUBLIC OF imous consent that the Senate proceed IRAQ. to the consideration of S. Res. 98. amendment No. 342 and debate them THE ABOVE NOMINATION WAS APPROVED SUBJECT TO The PRESIDING OFFICER. Without concurrently until 10 a.m., with the THE NOMINEE’S COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY objection, it is so ordered. time equally divided and controlled be- CONSTITUTED COMMITTEE OF THE SENATE.

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INTRODUCTORY VETERANS’ with three men from China across our beau- during the Second World War, and publicly BENEFITS PROTECTION ACT tiful country. stated that Japan will not issue an apology, Madam Speaker, I urge the adoption of this even if a resolution is passed in the United HON. RON LEWIS measure recognizing Mr. Cottrell’s unique ef- States House of Representatives. On February 15, a hearing on this issue OF KENTUCKY forts to extend the discourse between the U.S. and China. was held by the Subcommittee on Asia and IN THE HOUSE OF REPRESENTATIVES f the Pacific of this House’s Committee on For- Monday, March 5, 2007 eign Affairs. This was truly a historic occasion, Mr. LEWIS of Kentucky. Madam Speaker, in PAYING TRIBUTE TO JUDY REICH because it brought three survivors of the Com- times of war and in times of peace we must fort Women horrors to Washington to tell their always show our gratitude for those of us who HON. JON C. PORTER very real, very personal stories. Not only did have worn the uniform of the United States OF NEVADA that hearing give us an opportunity to reflect military. IN THE HOUSE OF REPRESENTATIVES on one of the darker episodes of human his- In the closing hours of the 109th Congress, tory, it provided us with a chance to make his- Tuesday, March 6, 2007 legislation was passed a comprehensive bill, tory by bringing that darkness and forgotten the Veterans Benefits, Health Care, and Infor- Mr. PORTER. Madam Speaker, I rise today tragedy to light and justice. mation Technology Act of 2006. Included in to honor my good friend Judy Reich for her ef- Those three women, now advanced in this good bill was a bad provision to make it forts on behalf of the community. years—Jan Ruff O’Herne, Yong Soo Lee, and easier for lawyers to be involved in the Vet- For years, Judy has been working to edu- Koon Ja Kim—traveled thousands of miles to erans claims process at the Department of cate and enrich the lives of the people of bring their stories to us, stories which were for Veterans Affairs. Southern Nevada. In her capacity as Program many decades kept only in their hearts for I have introduced the Veterans’ Benefits Director and Community Affairs Director of reasons best understood only by those who Protection Act to correct this mistake. Bringing KVBC, Channel 3, Las Vegas; Judy has been had to endure what these women—and some lawyers whose primary goal is their own finan- instrumental in the production of programs 200,000 others throughout Asia—had to en- cial gain into the system will only complicate such as ‘‘Action Seniors,’’ ‘‘Youth!’’ and di- dure. the process and lead to inequities in a system rected Channel 3’s Back to School Fair. Judy Some might ask: Why, more than 60 years that we count on to care for those who have also established and coordinated Channel 3’s after the end of the Second World War, are served. A number of Veterans in my District Christmas Angel Tree Program and produced we discussing the ordeals of the so-called have raised concerns that benefits may be a number of Public Service Announcements. Comfort Women? Shouldn’t this be considered slowed or diminished in value. In addition to her work at Channel 3, Judy a mere footnote to history? Aren’t there more It is no secret that there are backlog prob- has been very active in a number of commu- important or more pressing issues at hand in lems that need to be fixed at the VA. Serious nity outreach, and philanthropic programs. the early years of the 21st century? reforms should be considered. However, Judy has served on the Marketing Committee Those who ask such questions fail to com- bringing more lawyers into the system will not and the Board of Directors of the Las Vegas prehend the lasting relevance of the experi- be beneficial to a majority of Veterans who are Natural History Museum as well as on the ence of these women during the war, and of patiently waiting for claims that are owed to Board of Directors of the After School All the continuing, obstinate failure, in the face of them by the government. Starts Program. In addition, the Kids to Kids overwhelming evidence and international scru- A Veteran should be able to focus on pay- program and Desert Pines Middle School have tiny, of the Government of Japan to formally ing for medicine and other daily necessities all had the benefit of her leadership. acknowledge, apologize and accept unequivo- and never need to devote a portion of benefits Among her many passions is her work with cal responsibility for their suffering and torture. The recent news from Tokyo and Prime that are owed to pay for legal fees. Turning to a number of public health awareness pro- Minister Abe’s inexplicable denial adds greater a lawyer for assistance should be an option of grams. For several of years, Judy has worked resonance to our exploration of this topic. One last resort for a Veteran with claims. There are with the Juvenile Diabetes Research Founda- Japanese Diet Member said, with no apparent numbers of resources: individuals, Veterans tion, where she has served on the Board of irony, that the Comfort Women brothels were organizations, and Congressional offices that Directors, the Government Relations Com- no different than a buffet lunchroom. Nariaki offer services to assist Veterans at no cost. mittee, and as a volunteer lobbyist. Judy has Nakayama said bluntly: ‘‘Some say it is useful I urge my colleagues to consider supporting also advocated for public health and aware- to compare the brothels to college cafeterias The Veterans’ Benefits Protection Act, repeal- ness through her work with the American run by private companies, who recruit their ing a process that will likely lead to inequities Heart Association. own staff, procure foodstuffs and set prices.’’ in payments for those who have served. Madam Speaker, I am proud to honor my friend Judy Reich. Her efforts on behalf of the Madam Speaker, without objection, I wish to f ONGRESSIONAL RECORD an arti- Southern Nevada community have enriched insert into the C cle on this issue that appeared in the New RECOGNIZING STAN COTTRELL countless lives and should be applauded. I York Times on Thursday, March 1, reporting thank her for her dedication and commitment Prime Minister Abe’s remarks. HON. RON LEWIS and wish her the best in her future endeavors. ABE REJECTS JAPAN’S FILES ON WAR SEX OF KENTUCKY f (By Norimitsu Onishi) IN THE HOUSE OF REPRESENTATIVES COMFORT WOMEN TOKYO, March 1.—Prime Minister Shinzo Monday, March 5, 2007 Abe denied Thursday that Japan’s military had forced foreign women into sexual slavery Mr. LEWIS of Kentucky. Madam Speaker, HON. MICHAEL M. HONDA during World War II, contradicting the Japa- today I introduced a resolution to recognize ef- OF CALIFORNIA nese government’s longtime official position. forts taken by a Kentuckian to continue the IN THE HOUSE OF REPRESENTATIVES Mr. Abe’s statement was the clearest so far dialogue between the United States and that the government was preparing to reject China. Tuesday, March 6, 2007 a 1993 government statement that acknowl- Later this year Stan Cottrell, a distance run- Mr. HONDA. Madam Speaker, I rise today edged the military’s role in setting up broth- ner born in Hart County, Kentucky will be in- in shock and disappointment at recent news els and forcing, either directly or indirectly, women into sexual slavery. That declaration volved in a ‘‘Friendship Run’’ across the Great from Japan, where it was reported that Prime also offered an apology to the women, Wall of China. Mr. Cottrell made his first run Minister Shinzo Abe has denied the historical euphemistically called ‘‘comfort women.’’ through China in 1984. Upon completion he fact that the Japanese Imperial Army forced ‘‘There is no evidence to prove there was will return to the United States to do a relay as many as 200,000 women into sex slavery coercion, nothing to support it,’’ Mr. Abe

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

VerDate Aug 31 2005 05:03 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A05MR8.041 E06MRPT1 hmoore on PROD1PC68 with HMREMARKS E466 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2007 told reporters. ‘‘So, in respect to this dec- perience of the Comfort Women is not just an ACKNOWLEDGING THE ACHIEVE- laration, you have to keep in mind that episode that belongs on the backburner of his- MENTS OF WILLIAM TELL, IN things have changed greatly.’’ CELEBRATION OF BLACK HIS- The United States House of Representa- tory. Instead, it is a vivid reminder that the tives has begun debating a resolution that human rights of women around the world are TORY MONTH would call on Tokyo to ‘‘apologize for and never fully secure. We know that rape, sexual acknowledge’’ the military’s role in wartime abuse and sometimes murder of women and HON. CHARLES B. RANGEL sex slavery. OF NEW YORK But at the same time, in keeping with a re- girls in war are still committed by armies and IN THE HOUSE OF REPRESENTATIVES cent trend to revise Japan’s wartime history, paramilitary forces in various countries. One a group of conservatives in the governing thinks of Darfur, of Bosnia, of East Timor. I am Tuesday, March 6, 2007 Liberal Democratic Party is stepping up sure that Members of this House and those Mr. RANGEL. Madam Speaker, I rise today calls to rescind the 1993 declaration. Mr. Abe, listening to these proceedings can think of whose approval ratings have been plum- in recognition of Black History Month and to meting over a series of scandals and per- other examples. spotlight the success of William Tell, Chairman ceived weak leadership, seemed to side with Denial of the unimaginable atrocities com- and CEO of 1 Source Consulting Inc. a stra- this group. A nationalist who has led efforts mitted by Imperial Japan’s Armed Forces tegic consulting firm, which provides business to revise wartime history, Mr. Abe softened against the Comfort Women during World War strategy and IT solutions. Tell recently made his tone after becoming prime minister last history by acquiring a seven-year contract fall. In fact, he first said he recognized the II should not be tolerated. Neither are they to be forgotten nor swept under the rug by those from the Department of Energy. Tell, whose validity of the declaration, angering his con- larger clients include Homeland Security De- servative base. who hope the subject will go away simply be- partment, Bureau of Alcohol, Tobacco, Fire- ‘‘Some say it is useful to compare the cause the victims are growing old and will arms & Explosives, Justice Department and brothels to college cafeterias run by private soon be gone. The fact that some political companies, who recruit their own staff, pro- the U.S. Securities and Exchange Commis- cure foodstuffs and set prices,’’ Nariaki leaders in modern Japan hold onto the view sion’s Office of Information Technology, Nakayama, the leader of 120 lawmakers who that the Comfort Women issue is a ‘‘historic partnered with RS Information Systems Inc to want to revise the declaration, said Thurs- fabrication’’ is, in a word, appalling. secure the $1.4 billion government contract, day. ‘‘Where there’s demand, business crops The Japan Times also recently interviewed the largest contract awarded to a small busi- up,’’ Mr. Nakayama said, according to The Yasuji Kaneko, an 87 year old former foot sol- ness. Associated Press. ‘‘But to say women were dier in the Japanese Imperial Army during Beyond a commitment to excellence in the forced by the Japanese military into service World War II. He stated that he ‘‘still remem- business world Tell maintains a commitment is off the mark. This issue must be reconsid- bers the screams of the countless women he to the community to enriching the lives of oth- ered, based on truth, for the sake of Japa- raped in China as a foot soldier . . . They ers, particularly African Americans. In Sep- nese honor.’’ tember 2006, 1 Source Consulting Inc. Historians believe some 200,000 women— cried out, but it didn’t matter to us whether the Koreans, Chinese, Taiwanese, Filipinos, as women lived or died . . . We were the Emper- partnered with San Diego Charger Shawne well as Japanese, Dutch and other European or’s soldiers. Whether in military brothels or in Merriman, to donate $10,000 to the Frederick women—served in Japanese military broth- the villages, we raped without reluctance.’’ His Douglass High School Football Program. The els. For decades, Japan denied that its mili- statement was no historical fabrication. company has also assisted in Hurricane tary had been involved, calling the brothels Katrina relief efforts and partnered with Good- private enterprises and the women pros- It is our moral imperative to act and act cou- will. titutes. rageously on this issue. I am a strong pro- William Tell is a living testament to the inge- But in 1992, a Japanese historian, Yoshiaki Yoshimi, outraged by government denials, ponent of encouraging our friend and ally, the nuity and acumen of black business leaders went to the Self-Defense Agency’s library Government of Japan, to set the record everywhere. His accomplishments should be and unearthed, after two days of searching, straight on the Comfort Women tragedy and celebrated in the spirit of remembering the rich documents revealing military involvement educate its future generations properly about legacy of African American leaders every- in establishing brothels. One was titled ‘‘Re- what occurred. In doing so, Japan will take an where. garding the Recruitment of Women for Mili- important step in our collective aim to elimi- f tary Brothels.’’ Faced with this evidence, the government acknowledged its role and issued nate violence against women in war by mak- TRIBUTE TO UASA OF SONOMA the declaration. ing it unambiguously unacceptable. COUNTY But the response angered people across the It is unacceptable to view rape as merely political spectrum. The women and their supporters said that the government was not endemic to war, or an incidental adjunct to HON. LYNN C. WOOLSEY fully acknowledging its responsibility be- armed conflict. Rape is a unique weapon fo- OF CALIFORNIA cause the declaration was issued by Yohei cused on non-combatants and intended to in- IN THE HOUSE OF REPRESENTATIVES Kono, then chief cabinet secretary, and not still terror in its victims and to demonstrate the Tuesday, March 6, 2007 adopted by Parliament. It is known inside power of the perpetrators. It is a truly uncivi- Ms. WOOLSEY. Madam Speaker, I rise Japan simply as the ‘‘Kono Statement.’’ lized act, and defending Imperial Japan’s What is more, supporters accused the gov- today to honor United Against Sexual As- widespread use of rape during its Asian con- ernment of evading direct responsibility by sault—UASA—of Sonoma County on the oc- quests is beneath modern, democratic Japan’s establishing a private, nongovernment fund casion of its 33rd anniversary. Founded in to compensate the women. Many former sex better values and aspirations. slaves have refused to accept compensation 1974 as Women Against Rape, the agency from this fund. Madam Speaker, on January 31, along with consisted of a phone number to call for emo- But conservatives said the declaration six of our colleagues, I introduced House Res- tional support. Today that crisis line operates went too far in acknowledging the military’s olution 121, which addresses the issue of pro- 24 hours a day, and the organization has an role in recruiting the women. While the doc- tecting the human rights of the Comfort official board, paid staff, and volunteers who uments showed that the military established Women. The denial by Prime Minister Abe of last year donated over 10,000 hours. the facilities, Mr. Yoshimi did not find docu- Over the past 33 years, UASA has greatly mentation that the military had forcibly re- Japan that Comfort Women were forced into cruited the women. Conservatives have sexual slavery is unacceptable and stands to expanded the services offered to the people of seized on this distinction to attack the dec- underscore why passage of H. Res. 121 is im- Sonoma County. It provides extensive training laration. portant. It is my hope that we will be able to on helping victims, including not only women Supporters of the women say that the Jap- have a full vote by the House of Representa- and girls, but also men, children, and the fami- anese authorities famously burned incrimi- tives sooner rather than later. lies of victims. Staff and volunteers also ac- nating documents or kept them hidden. company victims and their families for police At the same time, many former sex slaves I would also like to thank the Comfort reporting, court appearances, medical exams, have stepped forward in recent years with Women survivors—Jan Ruff O’Herne, Yong- their stories. Three testified in the United or other personal situations. States Congress recently, saying that Japa- Soo Lee, and Koon-Ja Kim—for journeying so Prevention programs include outreach to el- nese soldiers had kidnapped them and forced far last month to testify on behalf of their ementary through high school youths, reach- them to have sex with dozens of soldiers a 200,000 sisters who suffered under Imperial ing approximately 6,000 young people every day. Japan. Their courage and the dignity with year, as well as parents and school personnel. Given this recent news report, Madam which they have lived their lives deserve our Other efforts include bilingual outreach to His- Speaker, it becomes even clearer that the ex- admiration and utmost respect. panic teens, teen peer education training, anti-

VerDate Aug 31 2005 05:03 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.003 E06MRPT1 hmoore on PROD1PC68 with HMREMARKS March 6, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E467 racism curriculum which deals with violence INTRODUCTION OF THE STUDENT families, by supporting the Student Privacy against the lesbian/gay/bisexual/transgender PRIVACY PROTECTION ACT Protection Act. community, and a unique men’s program fea- f turing men educating men. All services are of- HON. MICHAEL M. HONDA RECOGNIZING ANN RICHARDS’ EX- fered at no cost. OF CALIFORNIA TRAORDINARY CONTRIBUTIONS IN THE HOUSE OF REPRESENTATIVES UASA also plays a key role in the county’s TO TEXAS AND AMERICAN PUB- pioneering SART—sexual assault response Tuesday, March 6, 2007 LIC LIFE team—which unites law enforcement, mental Mr. HONDA. Madam Speaker, I rise today health, legal, and advocacy programs to sup- to announce the introduction of my bill, the SPEECH OF port victims and families. This collaborative Student Privacy Protection Act. project makes services easily accessible and The Student Privacy Protection Act is legis- HON. CHARLES B. RANGEL minimizes the stress felt by victims. The agen- lation that will restore the privacy rights of chil- OF NEW YORK cy is also working with the District Attorney’s dren and families that were taken away by a IN THE HOUSE OF REPRESENTATIVES office to establish a county-wide Family Jus- little-known provision of the Elementary and Tuesday, February 27, 2007 tice Center. Secondary Education Act, the so-called No Mr. RANGEL. Mr. Speaker, I rise today in Executive Director Gloria Young has pro- Child Left Behind Act. recognition of the life of Dorothy Ann Willis Under No Child Left Behind, high schools vided visionary leadership in shepherding the Richards, and in full support of H.R. 42—legis- are required to turn over lists of student con- agency through many of these transitions. In lation recognizing the extraordinary contribu- tact information to the Department of Defense, 2004, Gloria received the Outstanding Execu- tions Ann Richards made to the great state of which adds this information to an extensive tive Director Award from the California Coali- Texas and American public life. database of children. The Department of De- tion Against Sexual Assault. She has post Ann Richards had a zest for life that was fense claims to need the names, addresses, poned her scheduled retirement this year in evident and infectious. She was a wonderful and phone numbers of high school students order to remain at the helm during a time public speaker and found ways to intimately for recruiting purposes, because it enables re- when some services are threatened by the connect with real people by tackling difficult cruiters to contact children directly in their closing of a major hospital. issues that affected their everyday lives. Ann homes and at school, which is often done Madam Speaker, UASA’s long-term mission was tremendously tenacious but possessed a without the knowledge or consent of their par- is to eliminate all forms of sexual assault. I quick wit. She was well known for her zingy- know that with its inspired leadership, dedi- ents. As a former high school teacher and prin- one-liners and warm sense of humor. cated staff, and committed volunteers United cipal, I am concerned that the fundamental Committed to issues of equity and inclusion, Against Sexual Assault of Sonoma County has right of privacy has been taken away from Ann spent much of her life championing brought our community a long way towards both parents and children. U.S. Supreme causes related to the marginalization of achieving this goal and will not be satisfied Court Justice Louis Brandeis defined privacy women and minorities in particular. She dedi- until they have reached it. I salute UASA on as ‘‘the right to be left alone.’’ Families are not cated herself to increasing the role of women their anniversary and look forward to the day being left alone, and their personal, private in- in politics. Ann organized training sessions when their services are no longer needed. formation is being divulged without their throughout Texas designed to empower knowledge. Any database of personal informa- women in politics and succeeded in improving f tion is subject to abuse. A government that the visibility of women in the National Demo- cratic Party. Aim became the Governor of PAYING TRIBUTE TO JOHN JAMES was established for the pursuit of life, liberty, and happiness has no business collecting ex- Texas in 1991 and continued to champion the tensive personal data about Americans. inclusion of all people in the political process. HON. JON C. PORTER I have the greatest respect for Americans While in office, Ann oversaw a program of who choose to enter the military, as well as for economic revitalization that grew the state’s OF NEVADA those in the Armed Forces who engage in the economy. As governor, Ann appointed Zan W. IN THE HOUSE OF REPRESENTATIVES recruiting process. Those efforts, however, Holmes Jr., the first African-American ap- pointed to the University of Texas Board of Tuesday, March 6, 2007 should respect the privacy rights of children and their families. Regents; she redirected revenue from the Mr. PORTER. Madam Speaker, I rise today No Child Left Behind requires schools to state lottery to a school fund to support public to honor my friend John James, a former Ne- give military recruiters the names, addresses, education; and launched the Robin Hood plan, vada State Climatologist who passed away on and telephone numbers of students, unless an attempt to equalize funding across school Monday, January 15, 2007. their parents ‘‘opt-out’’ of the list. Schools are districts. Through these measures, Ann was John moved to Nevada in 1969 to help only required to provide one notice of the mili- successful in changing the ways that both found the Sierra Nevada College at Incline Vil- tary recruiting list, so it can be easily over- Texas and our country thought about and lage. Soon thereafter, in 1971, John began looked by parents, or perhaps never received. treated women, ethnic minorities, people with work as a research associate for the Forest Moreover, language and cultural barriers can disabilities, and members of the Gay, Lesbian, Institute for Ocean and Mountain Studies in prevent understanding of the opt-out process, Transgender, and Bisexual communities. Ann Carson City. Following his work as a research especially in immigrant communities that are once remarked that she entered politics to associate, John taught at the University of Ne- subject to aggressive military recruiting. If par- help those who were often ignored by the vada, Reno where he was an associate pro- ents do not respond, and do not explicitly ob- Texas’ male dominated establishment. fessor of geography and served as chair of ject to having their child’s personal information It is with great pride that I rise in support of the University’s Institutional Athletic Board. released to recruiters, it is assumed that they H.R. 42 and recognize, before all, the con- have no objections. Under current law, they tributions of a wonderful woman, committed John, whose interest in weather and climate must ‘‘opt-out’’ in order to protect their rights. leader and champion for all. patterns was sparked while serving as a mili- The privacy rights of all Americans should f tary cartographer in Korea during the Korean be respected. One should not have to ask for war, was the State’s climatologist for 23 years. these rights. NATIONAL PEACE CORPS WEEK In this capacity, John was able to study, main- Today, I am reintroducing the Student Pri- tain, and document the State’s weather vacy Protection Act, which I introduced in the HON. LYNN C. WOOLSEY records through a network of volunteers. 109th Congress. This legislation will restore OF CALIFORNIA Under Governor Richard Bryan, John was ap- the privacy rights of parents and children. The IN THE HOUSE OF REPRESENTATIVES pointed chairman of the Governor’s Drought Student Privacy Protection Act will change the Tuesday, March 6, 2007 Committee when Nevada suffered during an military recruitment provision of No Child Left extended drought period. Behind from an ‘‘opt-out’’ system to ‘‘opt-in.’’ Ms. WOOLSEY. Madam Speaker, I rise Madam Speaker, I am proud to honor the Under my bill, families may still choose to today, during National Peace Corps week, to life and legacy of my good friend John James. ‘‘opt-in’’ to the recruiting database, but privacy commemorate the service of the current 7,749 His record of dedicated service to the State of will be respected by default. Peace Corp volunteers making long-lasting Nevada is admirable. He will be profoundly I urge my colleagues to join me in sup- contributions to communities in 73 countries missed. porting the rights of students and the rights of around the world.

VerDate Aug 31 2005 05:03 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.007 E06MRPT1 hmoore on PROD1PC68 with HMREMARKS E468 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2007 Forty-six years ago, President John F. Ken- sumer Electronics Show, the National Associa- face to face with numerous challenges over nedy created the Peace Corps with the aim of tion of Broadcasters, Magic, and ConAg/ the years. But challenges are not uncommon enabling ordinary men and women to combat ConExpo. to the agency. It has traditionally been Hous- the debilitating effects of poverty, disease, and By helping to redefine Las Vegas as a trade ton’s go-to organization when it comes to war in developing countries. More than show destination, Chris and the Las Vegas dealing with the region’s most complex issues. 187,000 volunteers have served in 139 coun- Convention & Visitors Authority have in- As Angela Blanchard, president and CEO, tries, and it is clear that the Peace Corps’ im- creased Las Vegas tourism and revenue. As a once said: ‘‘The harder it is, the better we like pact has been truly extraordinary. result of Chris’s Trade Mission, international it.’’ The leadership embodied in the Peace tourism has increased as well. According to Neighborhood Centers’ response to Hurri- Corps Volunteers have helped farmers find estimations, as a result of the Trade Missions cane Katrina demonstrates clearly that those new efficient methods for crop production, de- to Brazil and China, an additional 3,000 Bra- are not mere words. veloped new business plans for economically zilian and Chinese tourists have visited the When the storm forced hundreds of thou- depressed communities, and inspired count- Las Vegas area. This alone has led to ap- sands of New Orleans residents to flee to less children by acting as mentors and teach- proximately $4,515,000 of revenue for the Las Houston, Neighborhood Centers created a ers. Their compassion and commitment to Vegas area. special program called Stay Connected. It pro- service have led to significant achievements in Madam Speaker, I am proud to honor Chris vided evacuees assistance in finding jobs, fostering improved understanding and Meyer and his many achievements. His dedi- healthcare, homes, and other essential human strengthening the bonds of friendship. cation to the Las Vegas community is com- needs. It worked to restore a sense of com- Peace Corps Volunteers remain committed mendable and I wish him continued success in munity for those who decided to make Hous- to addressing some of the world’s most press- his future endeavors. ton their home. It helped rebuild lives, renew ing problems today. These men and women f hope, and revitalize opportunity. To date, Stay have offered crucial assistance to communities NEIGHBORHOOD CENTERS Connected—which is largely staffed by Katrina struggling to halt the spread of HIV/AIDS, to victims—has served more than 4,000 families. regions devastated by Hurricane Katrina, and That brings me to my final point about to countries rebuilding after deadly tsunamis. HON. GENE GREEN Neighborhood Centers: This is an organization OF TEXAS For their brave service and dedication, these defined by compassion, concern, and commit- IN THE HOUSE OF REPRESENTATIVES Volunteers deserve to be commended. ment. To date, the 6th District of California has Tuesday, March 6, 2007 The agency and everyone involved with its produced almost 400 Peace Corps Volunteers, Mr. GENE GREEN of Texas. Madam mission—including corporate partners such as including the following 28 current volunteers: Speaker, the promise of America means dif- JPMorganChase, Shell, Chevron, and Troy A. Agron, who is working in Azerbaijan; ferent things to different people. To some, it Aramark—share an unbounded faith in human Caron L. Alarab, Guinea; Carol A. Batz, may represent better economic opportunities. potential. Tonga; Libby A. Bersot, Botswana; Jennifer M. To others, it is having access to a better edu- They truly believe that people, when treated Busick, Bolivia; Eldon L. Christenson, Guinea; cation, better healthcare, or a better job. To with respect and dignity and given a chance to Rustin P. Crandall, Guyana; Joseph P. still others, it is simply the chance for a better grow and to build self-esteem, can have a pro- Deschenes, Albania; Tameron A. Eaton, East- life. foundly positive impact on families, commu- ern Caribbean; Amil A. Gehrke, Georgia; But regardless of how we define the ‘‘prom- nities, and the entire social and economic fab- Robyn M. Grahn, Honduras; Donald F. Hesse, ise of America,’’ there is little doubt that ric not only of Houston but of America as well. Jordan; Jessica D. Holloway, Armenia; Connor Neighborhood Centers Inc.—Houston’s largest Potential is not just an abstract concept to J. Kamada, Senegal; Anna F. Kuhn, Tanzania; and fastest-growing human services agency— Neighborhood Centers. It is a concrete foun- Abigail M. Lafrenz, Bulgaria; Bridget M. Leddy, is making that promise a reality for thousands dation for touching lives, lifting hearts, and ful- Kyrgyzstan; Ana Alecia Lyman, Mozambique; of people in Southeast Texas. And the scope filling promise. Sydney F. McCall, Bolivia; Morgan C. Mont- of that accomplishment is being underscored Over the past 100 years, Neighborhood gomery, Honduras; Laura M. Norton, Mada- this month, as Neighborhood Centers cele- Centers has never sidestepped an oppor- gascar; Jordan M. Reeves, Panama; Uriah S. brates its 100th anniversary of providing edu- tunity—or avoided an obligation—to keep that Reisman, Panama; Jacob E. Rich, Peru; Emily cation, resources, and connections to the potential alive. In doing so, it has not simply C. Ryan, China; Elicia F. Smith, Kenya; Kath- area’s most vulnerable communities. Our Con- made the American Dream a reality. It has erine L. Theiss-Nyland, Malawi; Kyla H. Wall- gressional District is served very well by kept the Human Dream alive. I cannot think of Polin, Bulgaria. Neighborhood Centers Inc.’s facilities and pro- a more significant contribution to this country Madam Speaker, I ask my colleagues to join grams. to those who make it great. me today to honor the 46th anniversary of the Founded in 1907 by Alice Graham Baker— f establishment of the Peace Corps and to cele- the grandmother of former Secretary of State James Baker III—Neighborhood Centers Inc. RECOGNIZING THE LIFE OF brate the achievements of these passionate ´ men and women who have succeeded in mak- stands as a shining example of how innovative ESTHER RENTERIA ing our world more peaceful. strategies and consistency of purpose, ani- f mated by a heart as big as Texas, can HON. HILDA L. SOLIS produce truly transformational change. OF CALIFORNIA PAYING TRIBUTE TO CHRIS From its inception, Neighborhood Centers IN THE HOUSE OF REPRESENTATIVES MEYER has focused on helping underserved commu- Tuesday, March 6, 2007 nities to achieve their full potential. The orga- HON. JON C. PORTER nization pursues this mission not by concen- Ms. SOLIS. Madam Speaker, I rise today to OF NEVADA trating on the weaknesses of a neighborhood honor my good friend and fellow Californian, ´ IN THE HOUSE OF REPRESENTATIVES and its residents, but by building on the Esther Renterıa, who passed away January 8, unique skills, strengths, resources, and capa- 2007, at her Montebello, California home at Tuesday, March 6, 2007 bilities that already exist. It then works to nur- the age of 67. Esther was a skilled journalist Mr. PORTER. Madam Speaker, I rise today ture these assets in order to create self-suffi- who was committed to increasing the pres- to honor Chris Meyer, the Vice President of ciency, individual empowerment, and long- ence of Latinos in broadcast media. Convention Center Sales for the Las Vegas term economic and social development. For decades, Esther advocated to increase Convention & Visitors Authority. The result is a unique approach for con- the numbers of Latinos in the news and other In his role with the Las Vegas Convention & necting people with what they need to fully re- television programs. She understood the im- Visitors Authority, Chris has effectively pro- alize the promise of America: child and family portance of Latino children watching people on moted and implemented important programs care, education, job skills, entrepreneurial in- television who looked like them and could re- which have marketed Las Vegas as a trade cubators, leadership development, legal as- late to them. Esther’s endless advocacy and show destination. As a result of his efforts sistance, after-school programs, citizenship enthusiasm helped increase and positively through Trade Show Trade Mission, the Las services, teacher training, and activities for modify the presence of Latinos in the media. Vegas Convention & Visitors Authority has seniors that encourage aging in place. In 1969, Esther was the first Latina to ap- marketed Las Vegas as a destination for trade The ability and willingness to provide these pear in a nightly newscast with the premiere of shows for organizations such as the Con- services have brought Neighborhood Centers ‘‘Ahora!’’ on KCET–TV, and in 1970 she

VerDate Aug 31 2005 05:03 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.012 E06MRPT1 hmoore on PROD1PC68 with HMREMARKS March 6, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E469 worked as an associate producer on ‘‘The Si- the Thomas & Mack Development Group, Tim Odessa’s culinary talents are also memo- esta Is Over,’’ a series based on issues rel- has guided the expansion of the Las Vegas rable, and family, friends, visitors have craved evant to the daily lives of Latinos in the U.S. Valley and his vision has led to the develop- her cooking from coast to coast. She has cre- In 1986, she cofounded the National Hispanic ment of a mature business and thriving com- atively hosted small and large family dinners Media Coalition, an organization that monitors munity. and barbeques, and cooked for neighborhood Federal Communications Commission regula- Madam Speaker, I am proud to honor my block parties and festivals. Her ‘‘monkey tions on broadcast media. The organization good friend Tim Snow. His dedication to the bread,’’ oh, yes, that monkey bread—is the successfully petitioned the FCC to revoke Las Vegas community is commendable and I most desired food at all family gatherings. broadcast licenses of those television stations applaud his distinguished record of success. I Odessa is a dedicated and devout Christian, who neglected to hire a sufficient number of wish him the best in his retirement. and her church continues to be important part Latinos. f of her life. She and her husband, Frank, joined Esther’s work did not end with her behind- Trinity Baptist Church in 1946, the year they the-scenes efforts to make Latinos more visi- PERSONAL EXPLANATION were married. She has been an active mem- ble on national TV. She also founded the His- ber since. Their five children—Marion, Gwen, panic Americans for Fairness in Media to HON. SAM GRAVES Kathleen, Frank, and Reginald—grew up in award scholarships to young students who as- OF MISSOURI Trinity. Her grandson, James, attends Trinity, pire to future careers in media. Esther’s advo- IN THE HOUSE OF REPRESENTATIVES and her other grandchildren, who live outside Los Angeles—Cameron, Brian, Rachel, cacy on behalf of the Latino community has Tuesday, March 6, 2007 been instrumental to the changes that have Charesse, Kahlil, Imani, and Camara—have taken effect since. Esther is survived by her Mr. GRAVES. Madam Speaker, I would like visited. Odessa’s great grandchildren, Cam- husband, Martin Renter´ıa, former chief of po- to state for the record my position on the fol- eron and Ciera, are expected to one day be lice for the Montebello Unified District’s police lowing votes I missed due to reasons beyond the fourth generation to worship at Trinity. department, four sons, and a sister. my control. Odessa is a Deaconess and is a longtime I extend my sympathy to Esther’s husband, On Monday, March 5, 2007, I had to tend to member of the Gospel Choir, which was di- children, and family. She will be missed dear- some family matters and thus missed rollcall rected by the late Inez Caston. Odessa regu- ly. votes 119 and 120. Had I been present, I larly and lovingly still participates in church f would have voted ‘‘yea’’ on all votes. projects. f Odessa was born in Lewisville, Arkansas, PERSONAL EXPLANATION on March 1, 1922, and Frank was born in RECOGNIZING THE ACHIEVEMENTS Stamps, Arkansas. They joined the church not AND MILESTONES OF ODESSA long after they had moved to Los Angeles. HON. MARIO DIAZ-BALART BROWN OF FLORIDA They were part of the great war-era migration IN THE HOUSE OF REPRESENTATIVES of African Americans from the south to the HON. DIANE E. WATSON north and west. Tuesday, March 6, 2007 OF CALIFORNIA Odessa was the fifth child of Annie and Joe Mr. MARIO DIAZ-BALART of Florida. IN THE HOUSE OF REPRESENTATIVES Brown. She had three brothers—Joseph, Clar- Madam Speaker, on Wednesday, Feb. 28, Tuesday, March 6, 2007 ence (deceased), and Cleant, and three sis- 2007, I was unavoidably detained and thus I ters, Mary (deceased), Bernice (deceased), missed rollcall vote No. 110. Had I been Ms. WATSON. Madam Speaker. it is an and Margie. The church was an important part present, I would have voted ‘‘aye’’ on H.R. honor and privilege that I rise today to recog- of their community and Odessa was baptized 556, the National Security Foreign Investment nize Odessa Juanita Brown for her achieve- at Galilee Baptist Church in Lewisville at 11 Reform and Strengthened Transparency Act. ments and milestones as she celebrated her years of age. f 85th birthday on March 1, 2007. I have known From a young child, Odessa was extremely Odessa for most of my life. She and her hus- creative, artistic, and talented, whether she PAYING TRIBUTE TO MR. TIM band Frank, and their children lived on Cim- was in the kitchen helping her mother bake or SNOW arron Street, in Los Angeles, and my family designing and sewing outfits for her dolls. She lived around the corner—that date’s back to started cooking at the age of seven and her HON. JON C. PORTER the late-1950s. Our families have remained in teacher was her sister, Mary. When her par- OF NEVADA contact since then. ents attended church, they would return to a IN THE HOUSE OF REPRESENTATIVES Odessa Brown has remained a committed fantastic meal. Her parents were surprised to community servant, participant in civic and fra- find out that she was the genius behind the Tuesday, March 6, 2007 ternal groups, and an active church member great family meals. Her mother taught her how Mr. PORTER. Madam Speaker, I rise today over that 50-year period. She has been a to sew and she quickly picked up the skill. to honor my good friend Tim Snow for his long member of Trinity Baptist Church for 61 years; She always helped her Mom around the and distinguished career at Thomas & Mack a member of Alpha Kappa Alpha Sorority, house. Development Group. Chapter Alpha Gamma Omega of Los Ange- Odessa’s parents were extremely resource- Tim began his work with the Thomas & les, California, the same Chapter of which I ful. The Brown family understood the value of Mack Development Group in California during am a member, for 25 years; and a volunteer land ownership. Annie Brown’s family was the mid-1980s and soon after moved to Las at the election polls for the last 20 years. considered middle class, and they owned Vegas where he was instrumental in imple- Odessa has been Worthy Matron of Skylight land. She inherited river land from her parents, menting extensive land development projects. Chapter 51 of the Eastern Star and was a which is still owned by the Brown Family, and Tim is responsible for developing a 100-acre member of the NAACP . Today she is taking she and her husband, Joe, purchased land to- area of land near McCarren International Air- computer technology classes at Santa Monica gether, as well. Joe was a hard working, port into the McCarren Center. Today, the Emeritus College. Not enough of a role model, proud farmer who raised his seven kids with McCarren Center is comprised of 30 buildings yet? Well, Odessa has maintained an exercise the proceeds from the land. He grew corn, and nearly 2 million square feet of office and routine of walking a mile almost every day for cotton, truck patches (watermelon), and raised light industrial space. more than two decades—including hills, by the animals (chickens, hogs and cows). He mar- During his tenure at Thomas & Mack Devel- way. keted his own products and sold direct to con- opment, Mr. Snow also developed a 20-acre Odessa Brown’s leadership skills, her com- sumers. He also showcased his animals at ranch which today stands as the headquarters mitment to service, and her creative talents conventions and fairs. for Harrah’s Entertainment. While with the have been a true lifetime blessing to her fam- He was a chef and cooked at clubhouses, Thomas & Mack Development Group, Mr. ily and community. She served as a Brownie and was known for another unique skill—mak- Snow oversaw the development of the Blue and Girl Scout leader of her daughters’ troops. ing ice cream. He sold his produce and ice Diamond Ranches, the Eastgate Plaza, and She used her artistry to design and sew her cream at church conventions, and his fond- the Nevada Financial Center. Mr. Snow also daughters’ beautiful handmade dresses when ness for making ice cream was passed down shares an ownership position in the important they were small. Everyone knew the three to Odessa, who developed homemade ice 100-acre Northern Beltway Industrial Center. Brown girls because of their uniquely crafted cream as a specialty. Annie also was an en- Throughout his long and illustrious career with dresses. trepreneur and learned how to use a pressure

VerDate Aug 31 2005 05:03 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.015 E06MRPT1 hmoore on PROD1PC68 with HMREMARKS E470 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2007 cooker to process vegetables and fruit. This, ration to me, to the Fourth Congressional Dis- about whether or not to form a union. Al- of course, was a rarity in that period. With this trict of Pennsylvania, and to all American citi- though we have had several years of eco- unique talent, the community could have food zens. nomic growth and high corporate profits, mid- stored during the winter months. Annie be- f dle-class families in America continue to feel came the expert who trained others in the PAYING TRIBUTE TO KATHLEEN the squeeze of stagnating incomes coupled community on the benefits of using the pres- BOUTIN with rising health care, education, and housing sure cooker to preserve foods. costs. By passing the H.R. 800 today, we can In 1942, many things changed in the lives of take an important step towards easing the the Brown family, as it did for most families in HON. JON C. PORTER middle class squeeze by giving workers a free the country. The three Brown brothers, Jo- OF NEVADA choice to join together to bargain for better seph, Clarence, and Cleant joined the Army to IN THE HOUSE OF REPRESENTATIVES wages, benefits and working conditions. serve their country during World War II. Joe Tuesday, March 6, 2007 Some have said that this bill would abolish Brown, now had a challenge. He too desired Mr. PORTER. Madam Speaker, I rise today the secret ballot election. It would not. It sim- to serve his country and left for California to to honor Kathleen Boutin for her leadership as ply gives employees a choice. Employees can work in the Navy Shipyard in northern Cali- director of Nevada Partnership for Homeless still petition for an election, but if a majority of fornia. Odessa and her sister left Lewisville for Youth. workers sign cards saying they want a union California. For a short time, Odessa worked at For the past 7 years, the Nevada Partner- now, they get a union, and the employer must a Ford Plant in northern California. Frank, hav- ship for Homeless Youth has provided a safe respect that choice. ing finished his tour of duty in the U.S. Army, and secure environment for abused and ne- This is about fixing the current system for decided to settle in Los Angeles. Odessa and glected children. At their facility, the Partner- forming unions and bargaining, which is badly Frank married, and began building a family. ship provides a nurturing environment that broken. But above all, it is about respect and They soon settled as one of the first African teaches these children life skills and provides fairness for middle-class America, ensuring American families in Leimert Park. them with new opportunities for success. that workers have a choice—and a voice—at Years later, after her eldest children left Under Kathleen’s leadership and direction, work. home for college, Odessa decided it was time the Nevada Partnership for Homeless Youth f to pursue her dream. She registered for col- operates two Safe Place programs, two drop- EMPLOYEE FREE CHOICE ACT lege and earned her bachelors of arts degree in centers and two additional centers are from California State University at Dominquez being constructed. In 2005, Nevada Partner- SPEECH OF Hills. Odessa then taught as a substitute ship was responsible for Clark County’s first teacher in the Los Angeles Unified School count of homeless youth. This past year, they HON. BETTY McCOLLUM System. have assisted over 1,500 homeless youths. OF MINNESOTA Her quest to learn continues, as she has The Partnership also provides Nevada’s IN THE HOUSE OF REPRESENTATIVES mastered the newest technologies. She now homeless youth with medical care, emergency Thursday, March 1, 2007 uses the computer and sends e-mail mes- shelter services, long-term residential pro- The House in Committee of the Whole sages to her family. She continues to exercise grams and the opportunity to transform their her creative design skills by knitting and cro- House on the State of the Union had under lives. consideration the bill (H.R. 800) to amend the cheting, and shares knitted scarves and cro- Madam Speaker, I am proud to honor Kath- National Labor Relations Act to establish an cheted blankets with family and friends. leen Boutin for her leadership of the Nevada efficient system to enable employees to Madam Speaker, please join me in recog- Partnership for Homeless Youth. The service form, join, or assist labor organizations, to nizing Odessa Juanita Brown as she cele- that she and her organization provide for the provide for mandatory injunctions for unfair brates her 85th birthday. She is truly an inspi- area’s homeless youth is laudable. I applaud labor practices during organizing efforts, and for other purposes: ration and a community treasure. I wish her Kathleen for her leadership and wish her con- many more years of health and prosperity. tinued success in their efforts to improve the Ms. MCCOLLUM of Minnesota. Madam f lives of our cities’ youth. Chairman, I rise today in strong support of RECOGNIZING THE 95TH BIRTHDAY f H.R. 800, the Employee Free Choice Act, and OF THE GIRL SCOUTS OF THE USA I applaud Chairman MILLER and the Education EMPLOYEE FREE CHOICE ACT and Labor Committee for making working fam- ilies and the rights of organized labor a na- HON. JASON ALTMIRE SPEECH OF tional priority. OF PENNSYLVANIA Every employee’s right to organize must be IN THE HOUSE OF REPRESENTATIVES HON. CAROLYN B. MALONEY OF NEW YORK protected. Too often, this is not the case, and Tuesday, March 6, 2007 IN THE HOUSE OF REPRESENTATIVES I saw it first hand when I worked in the retail Mr. ALTMIRE. Madam Speaker, I rise today Thursday, March 1, 2007 industry. While many companies respect the to recognize the 95th birthday of the Girl rights of their employees, others put up hur- Scouts of the USA. I wish to recognize the in- The House in Committee of the Whole dles and even break the law to keep workers House on the State of the Union had under credible contributions Girl Scouts have made consideration the bill (H.R. 800) to amend the from effectively coming together to fight for im- to the United States over the past 95 years. National Labor Relations Act to establish an proved working conditions. This must be Since their inception in 1912, the Girl efficient system to enable employees to stopped. Scouts have used different skill-building exer- form, join, or assist labor organizations, to H.R. 800 ensures that American workers cises and instruction to inspire over 50 million provide for mandatory injunctions for unfair have a voice in the workplace. It allows work- young women of this country to reach their full labor practices during organizing efforts, and ers to decide whether they want to form a potential as members of their communities for other purposes: union if the majority of workers sign authoriza- and as citizens of the United States. With the Mrs. MALONEY of New York. Madam tion cards in support of the union, and it acceptance of the Girl Scout Promise, young Chairman, I regret that I was unable to vote strengthens penalties for employers that dis- women around the world make a commitment on H.R. 800, the Employee Free Choice Act, criminate against union supporters. to respect themselves and others, to help peo- because of previously scheduled family mat- This legislation is about strengthening Amer- ple at all times, and to be honest and caring ters. Had I been present, I would have enthu- ica’s working families. Union workers earn al- in all that they do. Today, over 3.5 million Girl siastically cast my vote in support of this very most 30 percent more, on average, than non- Scouts are working with each other and their important bill. In addition, I would have voted union workers and approximately 44 percent communities to help build a brighter future for against each of the three anti-worker amend- more when you take into account wages and all of us. ments and the Republican motion to recommit. benefits. This Saturday, young women from over 200 As a strong supporter of the rights of work- In my home State of Minnesota and Girl Scout troops in my district will gather for ers to organize and bargain collectively, I have throughout the country, families struggle every a Girl Scouts of the USA birthday party. I am been an original cosponsor of the Employee day to make ends meet. The Employee Free honored to have the privilege of joining them Free Choice Act in each session of Congress Choice Act protects employees’ right to orga- for this special celebration and I look forward that it has been introduced. nize, allowing workers to bargain for the high- to proudly thanking them for all of their hard I believe it is critical that workers be able to er wages and the better benefits that Amer- work. These young women are truly an inspi- make their own decision—freely and fairly— ican families rely on and that they deserve.

VerDate Aug 31 2005 05:03 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.020 E06MRPT1 hmoore on PROD1PC68 with HMREMARKS March 6, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E471 On behalf of the working men and women vocated for a government very similar to the House. Now we must go one step further and of Minnesota, I am proud to support this legis- one we overthrew in Iraq. Thankfully, in their make them part of the statute. lation. infinite wisdom the Founders understood the Now, I would like to go back and talk about f necessity of debate, of questioning the admin- Iraq a little more. Too often I hear folks in this istrations’ policies, of a representative Repub- Chamber saying the Democratic policy is ‘‘cut BLUE DOG COALITION lic. How ironic that members of the Republican and run’’ and the White House policy is ‘‘stay Party came down to the floor and questioned the course.’’ Both of these are wrong. We HON. LINCOLN DAVIS the patriotism of Members of Congress for can’t stay the course, and we can’t cut and OF TENNESSEE doing exactly what the Founders intended— run. IN THE HOUSE OF REPRESENTATIVES debate policies so you can arrive at the best Last week I saw that Vice President CHENEY was in Japan thanking our troops, and I re- Tuesday, March 6, 2007 decision for the American people. Now, one of the biggest challenges facing membered that we still have troops in Japan Mr. LINCOLN DAVIS of Tennessee. Madam America, and something Congress debates following World War II. We also have military Speaker, one of the benefits in being a Mem- every year around this time is our budget situ- bases still operating in Germany from that ber of Congress is the privilege of working in ation and our deficit. In 1980 I was elected to war. Additionally, we have thousands of troops our Nation’s Capitol. The United States Cap- the State House in Tennessee. I remember in South Korea even though the Korean War itol, in my mind, is among the greatest muse- one day traveling to Nashville from my home ended long ago. We still have soldiers in ums in the world—filled with fine art, intricate in Byrdstown when I heard on the radio that Kosovo and Bosnia and Serbia and the Bal- architecture, and amazing statues of our coun- we had just increased our national debt to $1 kans from our involvement there in the 1990s. try’s most important historical figures. trillion. That frightened me. A trillion dollars is You know, it is worth noting that our friends on Obviously, the Capitol is a place of great a lot of money, but it was a particularly high the other side of the aisle criticized President historical significance. One of the most impor- amount in the 1980s. Back then it was a Clinton in the 1990s for our involvement in tant votes ever taken in this House was the struggle to raise our debt limit by $15 to $20 that conflict, saying it was not our duty to ‘‘Na- declaration of war against Japan on December billion. Now we raise our debt ceiling every tion build,’’ and they wanted to set up a time- 8, 1941. This was followed 3 days later with year by hundreds of billions of dollars without table for withdrawal. I believe our current declarations against the Axis, Germany and even batting an eye. Many times we do it with- President even lobbed those criticisms when Italy. This in turn was followed in 1942 by dec- out having an up-or-down vote on that par- he was a candidate. Sometimes I feel like hy- larations against Hungary, Bulgaria, and Ro- ticular debt increase. pocrisy is the currency of Washington. mania. My friends, this was the last time Con- After I heard that report on the radio back Continuing to look around the world you will gress formally declared war against any na- in 1981 I began to pay closer attention to our notice we have a military presence in Turkey, tion. national debt. Over the next 12 years I the United Arab Emirates, Kuwait, and Saudi For me, and I know for many of my friends watched as our debt by grew by almost $3 tril- Arabia. Of course some of them are there for in the Blue Dog Coalition, the opportunity to lion. I kept thinking to myself, how is this pos- our current war, but many were there before- serve in this body is an honor bestowed on us sible? It took almost 200 years for the debt to hand as a result of the Persian Gulf war. The by our constituents. Quite frankly, a great re- reach $1 trillion, and yet, over a short period Persian Gulf war was U.N.-sanctioned, and it sponsibility comes with this honor—a respon- of time in the 80s and early 90s the debt tri- is my understanding that we overwhelmed sibility to represent the views of all our con- pled. Then in the 1990’s we put in place pay- Saddam Hussein with our troop numbers, and stituents, rather than the views of partisans on as-you-go budget rules that forced Congress then we used no-fly-zone in the south and the left and right. This is why the Blue Dog and the administration to budget like every north to essential block him in his own coun- Coalition advocates for a middle-ground in our American family—meaning that the Federal try. But we had to keep our military in the area policies, and I think the American people Government could only spend what it took in. to protect the vast oil reserves in the Middle East region of the world. agree, the middle is the best place to govern. The result was a return to budget surpluses In my opinion, from looking at history, we Madam Speaker, we have to be bipartisan, we that helped us actually pay down a little bit of will always have a military presence in the have to be sensible, and we have to try and our national debt. Now, I know it was only a Middle East. The question is how will we stay work together in a harmonious way to find so- projection, but by the time President Clinton in the Middle East? lutions to the difficulties facing our Nation. left office we were looking at having a 10-year Quite frankly, we must stay in the Middle When I first came to Congress a Member surplus over $5 trillion. Unfortunately, the next East in a manner that will help ensure the se- asked me what I wanted to change about administration and Republican-led Congress curity and peace of the area. Of course we America. I thought about this real hard, and I allowed PAYGO to expire and the results were want the Iraqis to win the peace and control was surprised at how quickly I came to my an- predictable, and $8 trillion reverse of fortunes. their own country, so the key issue is how do swer. My answer was that I did not want to So now we find ourselves in a situation where we help them in this endeavor? Since we de- change America. No country in the world our annual deficits, excluding the Social Secu- stroyed the Iraqi army, one that was able to cares for its citizens and provides them with rity surplus, exceed $400 billion and our na- resist a larger Iranian army for 10 years, we the amount of support as the government of tional debt is currently $8.8 trillion, which must act as their army until we have trained these United States of America. While I do not amounts to $29,000 for every man, woman, enough of their new army to the point where want to change America, our country does and child in this country. Where is the fiscal they can take over. In the meantime, I believe have problems, and I think we can address responsibility in that? What happened to the we need to pull our troops out of the kill zone these best by working together. So, I want to Republican Party? The so-called party of in Baghdad and move them to the border with challenge my colleagues on both sides of the smaller government just couldn’t resist dipping Syria and Iran to cut off any support for the in- aisle, let us start being a little more civil and into the Treasury’s cookie jar to feed their surgency that may be coming from those little more cooperative with each other. spending frizzy. Sadly, the big losers of this countries. At the same time the Iraqi police Two weeks ago the House debated a reso- policy are my grandchildren and the soldiers forces and new military must engage and con- lution honoring our soldiers and disagreeing returning home from war. They will be the trol the fight within the country. It is their coun- with the President’s proposal to send an addi- ones taxed with paying down our debt. That, try; they have to win the peace. However, we tional 21,500 troops to Iraq. Sadly, many of my friends, is immoral and shameful. can and should support them in eliminating my friends on the other side of the aisle al- You know, my chief of staff recently had a any terrorist cells that pop up in Iraq. I believe lowed the debate to disintegrate into questions baby they nicknamed Willis. The first thing we can do this with quick-strike forces and our about the patriotism of Members of Congress, Willis did when he came into this world was advanced weaponry with minimal American as though you are only patriotic if we blindly cry. Now I know why he was crying. He had casualties. follow the President’s every decision lock step. just been born and he inherited his share of Twelve million Iraqis voted in December of How shameful. I wonder what our Founding the national debt—$29,000. By the time he is 2005. This sent me the signal that they want Fathers would think of the idea that the Presi- old enough to have a job his share of the debt their own country—not an American occupied dent’s policies shouldn’t be question or criti- limit will be more than five times the cost of country. They have established a constitution cized. Seems to me if that was the Founder’s the first house I bought for my family in the and set up their government with elected offi- goal they wouldn’t have created the Congress, late 1960s. We have got to do better than this. cials and various departments. Now they also a bicameral co-equal branch of government. We have a moral responsibility to do better have to fight those within their country who Instead they would have suggested we create than this. This Congress has taken the first threaten their democracy. We can assist, but a new kingdom out of America, or perhaps ad- steps by reinstating PAYGO rules in the the will has to be theirs.

VerDate Aug 31 2005 05:03 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A06MR8.025 E06MRPT1 hmoore on PROD1PC68 with HMREMARKS E472 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2007 PAYING TRIBUTE TO DR. SUSAN to retrace the journeys of our ancestors, and papers and publications throughout the coun- LINDQUIST engage in living history. try. f Mr. Ketter has also served on the Pulitzer Prize Board, is a former president of the HON. JON C. PORTER PERSONAL EXPLANATION OF NEVADA American Society of Newspaper Editors, and in 1994, served as chairman of the first World IN THE HOUSE OF REPRESENTATIVES HON. JOE BARTON Editors Forum. Tuesday, March 6, 2007 OF TEXAS Mr. Ketter currently serves as the New Eng- Mr. PORTER. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES land Academy of Journalists, and is a recipient to honor Dr. Susan Lindquist for receiving of the Academy’s ‘‘Yankee Quill Award’’ for Tuesday, March 6, 2007 DRI’s Nevada Medal for 2007. outstanding contributions to journalism in New Dr. Lindquist has spent decades research- Mr. BARTON of Texas. Madam Speaker, on England. ing the causes and possible treatments for Monday, March 5, 2007, I was unable to fly to In addition to this work, Mr. Ketter has fo- neurological diseases such as Parkinson’s dis- Washington, DC. As a result, I missed votes cused his energy on bridging the gap between ease, Creutzfeld-Jacob Disease, and Mad- on this day. I ask that my statement be placed print media to the Internet, overseeing pro- Cow disease. Through the course of her re- in the appropriate part of the RECORD to reflect grams using both means to connect with read- search, Dr. Lindquist has made significant how I would have voted on the following roll- ers. contributions to biological research method- call votes, had I been present. Mr. Ketter has also become a leading voice ology and clinical treatment. Like many great Monday, March 5, 2007: ‘‘Yea’’ on motion to on issues facing the people of Massachusetts, scientists, Dr. Lindquist has also had to find suspend the rules and pass the bill Agreed to the United States and the world. I recently of- new strategies and revolutionary tactics, such by the Yeas and Nays: (2/3 required): 390–0 fered into the CONGRESSIONAL RECORD, a se- as transforming the practice of Drosophila ge- (Roll No. 119). H.R. 995: To amend Public ries of articles from the Eagle Tribune on the netics, thereby producing the first precise Law 106–348 to extend the authorization for problem of gambling addiction, and its effect method of inserting and deleting genes in a establishing a memorial in the District of Co- on society, and individual families. I commend higher organism. lumbia or its environs to honor veterans who Mr. Ketter for his hard work and attention to Over the course of her long and illustrious became disabled while serving in the Armed this serious issue. career, Dr. Lindquist has served as a pro- Forces of the United States. Mr. Ketter has also been a strong advocate fessor in the Department of Molecular Biology ‘‘Yea’’ on motion to suspend the rules and defending the right to free press and has trav- at the University of Chicago and as the Albert pass the bill Agreed to by the Yeas and Nays: eled the world to advocate for the free press D. Lasker Professor of Medical Science from (2/3 required): 390–0 (Roll No. 120). H.R. 497: in developing nations. I commend William Ketter for his work as a 1999–2001. Dr. Lindquist is also a member, To authorize the Marion Park Project, a com- journalist in Massachusetts and as an advo- and former director, of the Whitehead Institute, mittee of the Palmetto Conservation Founda- cate for the issues near and dear to his heart, a professor of biology at the Massachusetts tion, to establish a commemorative work on and I congratulate him for induction into the Institute of Technology, and a Howard Hughes Federal land in the District of Columbia, and New England Press Association’s Hall of Medical Institute investigator. Among her its environs to honor Brigadier General Francis Fame. many accolades, Dr. Lindquist was named Marion. one of Discover magazine’s top 50 woman f f scientists in 2002, and Scientific American’s CONGRATULATING WILLIAM PAYING TRIBUTE TO KATHLEEN top 50. KETTER UPON HIS INDUCTION MCDONOUGH WARD Madam Speaker, I am proud to honor Dr. INTO THE NEW ENGLAND PRESS Susan Lindquist and her achievements. Her ASSOCIATION’S HALL OF FAME HON. JON C. PORTER contributions to medical science and biological OF NEVADA research are truly extraordinary. I applaud her IN THE HOUSE OF REPRESENTATIVES efforts and wish her the best in her future en- HON. MARTIN T. MEEHAN Tuesday, March 6, 2007 deavors. OF MASSACHUSETTS f IN THE HOUSE OF REPRESENTATIVES Mr. PORTER. Madam Speaker, I rise today Tuesday, March 6, 2007 to honor the life and legacy of Kathleen INTRODUCTION OF A BILL TO McDonough Ward and in recognition of a new AMEND THE NATIONAL TRAILS Mr. MEEHAN. Madam Speaker, I rise today elementary school being named in her honor. SYSTEM ACT to congratulate, William Ketter, upon his induc- Kathleen began teaching in Peoria, Illinois, tion into the New England Press Association’s in 1969. In 1973, she moved to Las Vegas HON. EARL BLUMENAUER Hall of Fame. For over 40 years, Mr. Ketter where she started making an impact as a sub- OF OREGON has worked in the newspaper business as a stitute teacher for the Clark County School IN THE HOUSE OF REPRESENTATIVES reporter, editor, and vice president, making in- District. Three years later she taught full time numerable contributions to journalism in Mas- at Paul Culley, Rex Bell, and Helen Her Ele- Tuesday, March 6, 2007 sachusetts and New England. mentary Schools. It was at Helen Her Elemen- Mr. BLUMENAUER. Madam Speaker, today Mr. Ketter spent the first 16 years of his ca- tary where she became very committed to a I am introducing a bill to amend the National reer with United Press International working as multi-age teaching concept that impacted stu- Trails System Act to require the Secretary of a political reporter, editor, and vice president. dents lives. the Interior to update the feasibility and suit- He would spend the next 20 years as editor In addition to her significant achievements ability studies of four national historic trails, and vice president of the Patriot Ledger in as an educator, Kathleen has also been very and for other purposes. Quincy, Massachusetts, leaving only to be- active in the civic community. She was an ac- This legislation shall authorize the Secretary come a vice president at the Boston Globe tive member in the Junior Mesquite Women’s of the Interior to study certain routes of the Or- and chairman of Boston University’s Jour- Club and served as chairwoman for the Com- egon Trail to determine the suitability of be- nalism school. munity Improvement Project for the Nevada coming part of the Oregon National Historic In 2002, Mr. Ketter joined the Eagle Trib- Federation of Women’s Clubs. Kathleen Trail. Additionally, a 20-mile southern alter- une, a daily newspaper in my district, as editor helped to organize the Readers/Writers group native route of the Pony Express trail shall be in chief and vice president of news. In 2005, which has been in existence for over 10 years. considered along with portions of Missouri Val- when Community Newspaper Holdings Inc. of Kathleen also organized projects to bring sub- ley and central and western routes of the Cali- Birmingham, Alabama purchased the Eagle stantial contributions to the Candle Lighters to fornia trail to be designated as the Pony Ex- Tribune Publishing Company, Mr. Ketter be- assist children with cancer. In 1993, after re- press National Historic Trail and the Califor- came vice president of news. He now super- ceiving her master’s degree from the Univer- nian National Historic Trail respectively. Lastly, vises editorial operations at several news- sity of Las Vegas, she was diagnosed with the Secretary shall undertake the study of cer- papers throughout Massachusetts, including breast cancer and subsequently retired in tain routes for the consideration of the Mor- the Eagle Tribune in Lawrence, MA, The 1999. Sadly, in 2002, Kathleen lost her battle mon Pioneer National Historic Trail. Salem News, the Gloucester Daily Times and with cancer. The recognition and maintenance of these the Daily News of Newburyport, as well the Madam Speaker, I am proud to honor the trails provide our citizens with an opportunity rest of CNHI’s 95 daily and 50 nondaily news- life and legacy of Kathleen McDonough Ward.

VerDate Aug 31 2005 05:03 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.029 E06MRPT1 hmoore on PROD1PC68 with HMREMARKS March 6, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E473 Her dedication to education and commitment people, and 56 billion gallons of water per day necessary funding levels for these programs, to her fellow citizens was commendable. are used for municipal, agricultural, and indus- the less costly the solutions will be in the long f trial use. The Great Lakes contain 5,500 cubic run. I urge my colleagues to support this crit- miles of freshwater—that’s 6 quadrillion gal- ical legislation. SALUTE TO SERGEANT TOMMASO lons of water, equal to 90 percent of U.S. sup- f POPOLIZIO—FALLEN HERO ply and 20 percent of world supply. In fact, if you emptied the Great Lakes onto the conti- AN IMPORTANT HEALTH AND SAFETY ISSUE FOR BERGEN HON. DONALD M. PAYNE nental U.S., everything would be under 91⁄2 OF NEW JERSEY feet of water. The Great Lakes shoreline COUNTY WOMEN AND CHILDREN IN THE HOUSE OF REPRESENTATIVES stretches for 10,210 miles. That’s a lot of sand Tuesday, March 6, 2007 for summer Saturdays at the beach. The HON. SCOTT GARRETT Great Lakes contain over 250 species of fish, OF NEW JERSEY Mr. PAYNE. Madam Speaker, I rise today to and they sustain a $4 billion sports fishery in- IN THE HOUSE OF REPRESENTATIVES honor the life and achievements of a fallen dustry and millions more in commercial fish- Tuesday, March 6, 2007 Newark police officer whose tragic loss in the ing. line of duty is mourned by his family, friends, Is it any wonder that we call them great? Mr. GARRETT of New Jersey. Madam fellow law enforcement officers, and our entire The lakes are the foundation of our region’s Speaker, I rise today to bring to this body’s at- community. Sergeant Tommaso Popolizio died quality of life, and they are a national treasure. tention a serious health issue affecting women in the early morning hours of Saturday, March The Great Lakes are so vast, so majestic, and unborn children in Bergen County, New 3, 2007, at the age of 33, while working to and so plentiful that we might think they can Jersey. keep our streets safe. He leaves behind his withstand any contamination. We take them The Bergen Record reported last Wednes- day, February 28 that the Metropolitan Medical wife, four children, father and five siblings. for granted. But the Great Lakes have suffered Associates Clinic in Englewood, New Jersey Sergeant Popolizio, born and raised in New- from years of industrial pollution, stormwater had been closed down following a complaint ark, dedicated his life to the city where he and and agricultural runoff, the introduction of filed by Newark Beth Israel Medical Center his family put down roots. His parents, Nicola invasive species, and wetlands and coastal when it treated a woman for complications and Sarah, immigrated to the United States in habitat loss. The size and shape of the Lakes from an abortion performed at the Metropolitan the late 1960s from Italy and settled in the only contribute to the problem. The retention Clinic. The Clinic, which performs more than North Ward of Newark, New Jersey, my home rate for Lake Superior is 191 years. Lake 10,000 abortions a year, including about 1500 city. The youngest of seven children, Sergeant Michigan is 99 years. It takes the Lakes that partial birth abortions, was closed for posing Popolizio attended my alma mater, Barringer period of time to cycle through water and get ‘‘immediate and serious risk of harm to pa- High School and went on to study at Rutgers rid of pollutants. The Lakes are nearing a tip- tients.’’ This very same clinic was barred from University, Newark. He joined the Newark po- ping point of environmental pollution from performing abortions in 1993 for its failure to lice force in 1995, the first of three brothers to which they might not be able to recover. protect the health and safety of its patients. do so. Closed beaches, fish consumption restrictions, As the Record reported, ‘‘An order to halt Sergeant Popolizio once said, ‘‘I try to do as loss of wildlife habitat, and depleted fish medical services is extremely rare. This is only much as I can every day that I go out there.’’ stocks are harbingers of problems that will the second time in the last five years the [De- Committed to bettering our city, Sergeant only worsen over time. partment of Health and Senior Services] has Popolizio, the consummate police officer, al- Thankfully, we largely know what needs to closed one of the State’s 619 ambulatory-care ways rose to the occasion whether on or off be done to clean up and protect the Lakes. In facilities for ‘deficient care.’’’ Ironically, the duty. Noted for his bravery and dedication, December 2005, the Great Lakes Regional Clinic is redirecting its patients to another local Sergeant Popolizio protected our city streets Collaboration, initiated through an executive clinic owned by the same company that offers and saved a number of lives. Upon first joining order by President Bush, produced a strategic sub-par services at the Metropolitan Clinic. the police force, he was fired upon during a action plan for protecting and restoring the Perhaps, more ironic, however, is that the chase to apprehend dangerous suspects. In Great Lakes. The Regional Collaboration—a State has stepped in to protect the women 1999, Sergeant Popolizio and another officer partnership of Federal program managers, seeking abortions from the physical hazards rushed into a burning building and rescued State governors, mayors, scientists, industry posed by the Clinic’s substandard care. It has three children. Chalking up such instances of leaders, anglers, hunters, environmentalists, not sought to address the emotional damage bravery to ‘‘all in a day’s work,’’ Popolizio and other interested private stakeholders—fo- that these women may suffer from the trauma never sought recognition, never shrank from cused their attention on addressing the most of an abortion. And, it certainly has not sought duty, and always gave one-hundred percent to critical threats to the Lakes. The diverse group to address the fatal tragedy that befalls the his job. It is therefore no surprise that some- of 1,500 participants developed recommenda- more than 10,000 children whose mothers one with such heart and tenacity as Sergeant tions for addressing aquatic invasive species, come to the Clinic each year. Popolizio was bestowed with honors and rose habitat protection, coastal health, Areas of f up the ranks of the Newark Police Depart- Concern and contaminated sediment, non- PERSONAL EXPLANATION ment. As an East District supervisor, Sergeant point source pollution, toxic pollutants, sci- Popolizio was known for his positive influence entific research and monitoring, and sustain- in leading by example. able development. HON. WILLIAM J. JEFFERSON Madam Speaker, I ask my colleagues here Today I am introducing comprehensive leg- OF LOUISIANA in the U.S. House of Representatives to join islation to address these threats. As its name IN THE HOUSE OF REPRESENTATIVES me in honoring Sergeant Tommaso Popolizio, implies, my bill—the Great Lakes Collabora- Tuesday, March 6, 2007 tion Implementation Act—makes many of the who died as he lived his life—selflessly and Mr. JEFFERSON. Madam Speaker, due to with integrity. I am honored to have had him necessary legislative changes to implement many of the policy recommendations con- a prior commitment being held in my district represent my home city and I know my col- on Thursday, March 1, 2007, I missed the tained in the Strategy. This bill prevents fur- leagues join me in extending our deepest H.R. 800 ‘‘Employee Free Choice Act’’ vote. If ther biological contamination from aquatic sympathy to the family of one of Newark’s fall- l had been here, I would have voted ‘‘yes’’ on invasive species introductions. It also helps en heroes. this bill. clean up contaminated sediments in rivers and f harbors and restores beneficial uses of those f INTRODUCTION OF THE GREAT waters. Provisions in the legislation will restore TRIBUTE TO KAREN FANT: CON- LAKES COLLABORATION IMPLE- wetlands and other fish and wildlife habitat, SERVATIONIST AND DEFENDER MENTATION ACT and help communities improve their waste- OF OUR WILD LANDS water infrastructure and prevent sewer over- HON. VERNON J. EHLERS flows. Finally, the bill strengthens scientific re- HON. JAY INSLEE OF MICHIGAN search and monitoring activities in the Lakes, OF WASHINGTON IN THE HOUSE OF REPRESENTATIVES so that we can monitor our progress and IN THE HOUSE OF REPRESENTATIVES make good decisions on what steps to take Tuesday, March 6, 2007 next in clean up and restoration efforts. Tuesday, March 6, 2007 Mr. EHLERS. Madam Speaker, the Great The solutions are practical and manageable. Mr. INSLEE. Madam Speaker, I rise today Lakes provide drinking water for 40 million The sooner we pass this bill and provide the to pay tribute to Ms. Karen Fant, who devoted

VerDate Aug 31 2005 05:03 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.033 E06MRPT1 hmoore on PROD1PC68 with HMREMARKS E474 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2007 her life to preserving wilderness and wildlife in servation legacy than for my colleagues to join Convention Against Torture, ratified by the Alaska and the Pacific Northwest. We mourn me in supporting H.R. 866, the Wild Sky Wil- Senate in 1986, provides that the United the loss of such a treasured conservationist derness Act of 2007, which will be marked up States may not ‘‘expel, return, or extradite a and pioneer in the Washington state environ- in the Natural Resources Committee this person to another State where there are sub- mental movement. She spent four decades or- week. This bill would serve to protect and ex- stantial grounds for believing that he would be ganizing for conservation, working for groups pand the federal wilderness of the Skykomish in danger of being subjected to torture.’’ And including the Alaska Coalition, Sierra Club, River Valley in Washington State and ensure in 1998, this Congress passed the Foreign Af- Olympic Park Associates, Wild Sky Working that ecosystems and stunning vistas in this fairs Reform and Restructuring Act (FARRA), Group, Washington Wilderness Coalition, and area are enjoyed by people and wild creatures which states that ‘‘it shall be the policy of the Save Our Wild Salmon Coalition. Her activism for generations to come. Passage of this legis- United States not to expel, extradite, or other- spanned many years, crossed state lines, and lation would be the perfect tribute to Karen’s wise affect the involuntary return of any per- extended as far as Chongqing, China, where legacy. son to a country in which there are substantial she dedicated herself to developing a strategy If Congress could merely echo the unwaver- grounds for believing the person would be in to address environmental degradation in Asia ing efforts of this woman, we would no doubt danger of being subjected to torture, regard- as a board member of the Seattle- be doing a great service to our children and less of whether the person is physically Chongquing Sister City Association. grandchildren in ensuring there are wild lands present in the United States.’’ Born in Altadena, California, Karen grew to for them to enjoy far into the future. Both the Convention Against Torture and cherish wilderness at an early age, spending f FARRA prohibit the transfer of an individual to her childhood hiking the Sierra Nevada Moun- a state where there are ‘‘substantial grounds tains with her family. She continued this pas- INTRODUCTION OF THE ‘‘TORTURE for believing’’ that the individual will face tor- sion, earning a degree in geology at the Uni- OUTSOURCING PREVENTION ACT’’ ture. How has the Administration gotten versity of California, Santa Cruz. Formally be- around this prohibition when sending detain- ginning her long legacy of protecting our wild HON. EDWARD J. MARKEY ees to countries like Syria, Jordan, forests, Karen first went to work for the Sierra OF MASSACHUSETTS Uzbekistan, and Egypt; countries which our Club in the 1970s, fighting for roadless forest IN THE HOUSE OF REPRESENTATIVES own State Department reports are habitual preservation. In 1979, she cofounded the Tuesday, March 6, 2007 abusers of human rights? The Administration Washington Wilderness Coalition, an organiza- has received, and accepted, so-called ‘‘diplo- tion dedicated to empowering Washington Mr. MARKEY. Madam Speaker, I rise today matic assurances’’ from these torturing coun- state citizens to preserve and restore wilder- to introduce, for the third time, legislation to tries that they will not abuse transferred de- ness areas through grassroots advocacy and prohibit the outsourcing of torture by the tainees. It is shocking that the Bush Adminis- public education. United States government. I am hopeful that tration has repeatedly and cynically accepted Karen once said, ‘‘We will continue to work this Congress the House will finally take up the word of known torturers without any mech- on these issues as long as there is wild land legislation on this matter. anism to ensure that these promises were not left in the country.’’ Friends have described I know that policy battles can drag on for broken. her as selfless, caring, inspirational, effective, seemingly endless lengths of time. I remember The Torture Outsourcing Prevention Act will dedicated, wise, humble and relentless in or- that Senator Proxmire spent nearly 20 years require that the Secretary of State compile an ganizing and empowering people to speak up arguing that the United States needed to ratify annual list of all countries in the world known for the wild places in America and around the the Convention Against Genocide before fi- to use torture; it will be illegal to transfer indi- world. Karen was the epitome of the dedicated nally succeeding to rally the Senate to action. viduals to the countries on this list, regardless and effective activist. She touched the lives of But I know too that we cannot delay any of the citizenship or physical location of the in- countless individuals throughout the North- longer in addressing the Administration’s prac- dividuals. Furthermore, the Torture west. She had a knack for recognizing every- tice of transferring detainees for interrogation Outsourcing Prevention Act will close the loop- one’s ability to make a difference, and encour- or other purposes to countries where there are hole of ‘‘diplomatic assurances’’ which the Ad- aged people to stand up and speak out for substantial grounds for believing that the ministration has exploited to outsource the tor- what they believe in. She was never the loud- transferred individuals could face torture. I feel ture of prisoners to countries such as Syria. est person in the room, but often the most ef- a rising optimism that we can end this repug- The Torture Outsourcing Prevention Act pro- fective voice at bringing people and ideas to- nant and counterproductive practice of so- vides waiver authority over the prohibition to gether to advance the protection of wilderness called extraordinary rendition soon, and cer- the Secretary of State when it is certified to and the wild creatures that depend on it. She tainly within the timeframe of this Congress. the appropriate Congressional committees that delighted in walking in wild, unspoiled places There is no doubt that the United States is the country in question no longer practices tor- and bringing others out to experience the se- greatly challenged by violent extremists, and ture and there is a verifiable mechanism in renity, joy, and splendor of wilderness. Be- the terrible attacks of September 11 were not place to assure that the person transferred will cause of her work, the conservation commu- so much attacks upon our country as upon the not face torture. nity in Washington has been left with an im- values of liberalism, openness and democracy The Torture Outsourcing Prevention Act mense knowledge of what is at stake as we that we champion throughout the world. But does not inhibit treaty-based extraditions in fight to protect the wilderness areas that re- there is a right way and a wrong way to con- any way. In those cases, current law already main in the United States. duct ourselves as we defend the United States provides that an individual facing extradition Karen was instrumental in passing the 1984 from murderous criminals and terrorists. may challenge the extradition in the courts Washington State Wilderness Act, which sets The wrong way is to lower our standards of with an assertion of their rights under the Con- aside over one million acres of new wilder- conduct further and further for the sake of ex- vention Against Torture. ness. She also initiated the efforts to preserve pediency. The wrong way is to compromise Madam Speaker, it is past time for the Con- Wild Sky. She organized to protect the our core values of human rights and dignity for gress to end the practice of extraordinary ren- Owyhees Canyonlands in Idaho and the Arctic all people in the face of an enemy who dis- dition. I urge adoption of this important legisla- National Wildlife Refuge in Alaska. Finally, she dains such ideals. The wrong way is to under- tion. organized in support of a bill that is close to mine and destroy international treaties guaran- f my heart, The National Forest Roadless Area teeing all people security from cruel, inhu- Conservation Act. Passage of this bill is vital mane, or degrading treatment; especially RECOGNIZING DR. JAMES C. to protect areas in the national forest deemed when these treaties are the last line of de- METTS, JR. UPON HIS RECEIPT as roadless and ensure that they remain free fense for our soldiers and personnel overseas OF THE AMERICAN CENTER OF from development or devastation. As the origi- unfortunate enough to be captured on the bat- POLISH CULTURE AWARD nal sponsor of this bill, I encourage you to tlefield. support the protection of our national forests. The right way is to proudly and publicly hold HON. MARCY KAPTUR This spring, Karen’s ashes will be spread the United States to the highest standards and OF OHIO among some of her favorite wilderness areas prove again that our nation is founded upon IN THE HOUSE OF REPRESENTATIVES in the North Cascades and Sierras Nevadas, the rule of law. areas that continue to need protection to this The practice of extraordinary rendition is a Tuesday, March 6, 2007 day. Here in the U.S. Congress, I cannot travesty, and it is illegal under any reasonable Ms. KAPTUR. Madam Speaker, the Amer- imagine a better way to honor Karen’s con- reading of U.S. and international law. The ican Center of Polish Culture today presented

VerDate Aug 31 2005 05:03 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.038 E06MRPT1 hmoore on PROD1PC68 with HMREMARKS March 6, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E475 Dr. James C. Metts, Jr. an award to recognize board the ship Wasp. He was secretly buried School Nutrition Association, the Military Im- his research on the fate of General Casimir on Greenwich Plantation next to Thunderbolt pacted School Association, National Farmers Pulaski’s remains. Dr. Metts, coroner of Chat- Bluffs on the banks of the Wilmington River Union, the National Association of Elementary ham County, Georgia, served as the chairman next to the plantation where the Wasp was School Principals all support funding the pilot. of a 10-year investigaton to positively identify tied up to a finger wharf and where Samuel The National School Boards Association has General Pulaski’s remains. Mr. KINGSTON and Bullfinch, captain of the Wasp, wrote a letter gone further and supports gradually elimi- I want to congratulate Dr. Metts upon receiv- that notified General Benjamin Lincoln of Pu- nating the reduced price category, expanding ing this award. laski’s death. He said that Pulaski died on the free meal category to the WIC income The birthday of Brigadier General Casimir board his ship on October 15. guideline. In short, if a family qualified for free Pulaski in George Washington’s Continental Pulaski remains a symbol of Polish courage, WIC benefits, the family would also qualify for Army was marked for the first time on Capitol Polish initiative, and Polish friendship for the free school meals. Many state and local Hill on Tuesday, March 6, 2007, the 262nd an- United States. school boards agree with this policy. niversary of his birth in Warsaw, Poland. We thank Dr. James C. Metts, Jr. for his ef- Additionally, I’d like to acknowledge the ad- To celebrate the occasion, the National Pol- forts to remind us of this American Revolu- ministering State agencies and school districts ish Center (also known as the American Cen- tionary War hero, and congratulate him on his that work so hard to ensure that every school ter of Polish Culture of Washington, DC) spon- receipt of the American Center of Polish Cul- meal these children receive meets the nutrition sored a birthday breakfast at the Rayburn ture award. standards set forth in the Dietary Guidelines for Americans as required by law. To allow the House Office Building. Among those who f came were sponsors of the resolutions to USDA to better support school food profes- make Pulaski an honorary U.S. citizen and INTRODUCTION OF LEGISLATION sionals in their efforts, this legislation provides other notables from Congress and the Polish- TO IMPROVE FEDERAL NUTRI- for a survey of foods purchased by school American community. The featured speaker, TION ASSISTANCE food authorities to be conducted once every 5 years. This data would also help the USDA to Dr. Thaddeus Radzilowski, was president of better manage the commodities that the De- the Piast Institute in Detroit, Michigan, and HON. STEPHANIE HERSETH partment purchases on behalf of schools, and former president of St. Mary’s College in Or- OF SOUTH DAKOTA also assess the economic impact of school chard Lake, Michigan. IN THE HOUSE OF REPRESENTATIVES food purchases on different commodity sec- Dr. Metts was recognized for his leadership Tuesday, March 6, 2007 tors. The most recent data on school food pur- and report on General Pulaski, whose remains chases is over a decade old and I believe this were found September 1996. They had been Ms. HERSETH. Madam Speaker, I rise today to introduce legislation comprised of worthwhile investment is overdue. buried in a crypt under the Pulaski Monument Finally, this legislation would increase the three sections to improve federal nutrition as- in Savannah, Georgia, since 1853, though Pu- minimum spent for food program administra- sistance. laski had been widely rumored to have been tion in the Food Distribution Program on In- The National School Lunch and Breakfast buried at sea. dian Reservations (FDPIR). FDPIR provides Programs are two of the Nation’s most suc- Edward Pinkowski, internationally known au- commodity foods and education to low-income cessful and popular programs. Each day al- thority on General Pulaski, was the chief spon- households that reside on Indian reservations sor of the Pulaski identification project. most 30 million children participate in the so that they can maintain a nutritionally bal- Pulaski’s remains were examined by foren- lunch program and 9 million in the breakfast anced diet with foods they might not otherwise sic specialists in Savannah since 1996. Dr. programs. Yet, there are children who are eli- have access to where they reside. There are Metts said the remains are ‘‘consistent in re- gible for the programs who cannot participate. approximately 257 tribes that receive com- markable detail with the physical appearance, Children from families with incomes be- modity foods through FDPIR and an increase life history, and cavalry lifestyle of Casmir Pu- tween 130 percent and 185 percent of the in the distribution of administrative funds is in laski.’’ poverty line are eligible for reduced price order to better reflect the actual participation Pulaski’s remains were re-interred in Octo- meals. A reduced price breakfast costs 30 rates in this critical program. ber 2005 in front of the monument in Savan- cents per meal per child and a lunch is 40 I encourage my colleagues to support this nah’s Monterey Square. cents per meal per child. While it may be hard beneficial and important legislation. It sets At the Washington event, a wreath was laid to imagine, this modest fee appears to be a forth modest proposals that could make a at the heroic-size marble bust of Pulaski lo- barrier to low income working households. world of difference to children and families cated in the Capitol Building. The bust was In 2004, the Child Nutrition and WIC Reau- most at risk of severe hunger. carved by Henry Dmochowski (1810–1863) thorization Act (P.L. 108–265) authorized a f from Carrara marble and moved to Capitol Hill pilot program to determine for sure whether it in 1882. was the reduced price fee that was keeping TRIBUTE TO MR. DANIEL According to Jack Pinkowski, Ph.D., vice children from the program or whether there HACKMEIER chairman of the National Polish Center, ‘‘this might be other reasons for the lack of partici- first birthday celebration at the Capitol is im- pation. I believe the time has come to finally HON. BART STUPAK portant because it identifies Pulaski’s correct fund this pilot and I propose that the Congress OF MICHIGAN birth date as March 6, 1745. It also gives us take this action as a part of the farm bill. IN THE HOUSE OF REPRESENTATIVES an opportunity to recognize the 10 years of USDA has suggested that a valid pilot could Tuesday, March 6, 2007 work of Dr. Metts and his team in Poland and be implemented for approximately $23 million, Mr. STUPAK. Madam Speaker, I rise today in the United States. $10 million per year for two years, plus the to salute a late American hero from my dis- Casimir Pulaski was born and raised in cost of evaluation. This amount would not trict. Mr. Daniel Hackmeier served our Nation Warsaw, the son of Count Joseph Pulaski, a allow for a five state, state-wide pilot as was with honorable distinction during World War II. member of the Polish parliament (Sejm). The authorized but it would provide for a valid test Mr. Hackmeier passed in July of last year. young Pulaski won his reputation as a guerilla of whether the fee is the barrier that is keep- This week, the City of Houghton, local military fighter in Poland’s struggle for independence. ing the children from the program. organizations, and community groups in the Political intrigue forced him to leave Poland Evidence has clearly proven that hungry Houghton area will come together to honor Mr. in 1772, and he spent time in Turkey, Ger- children cannot learn. Therefore, if we are Hackmeier and pay tribute to his service to many, and France. He went to America in going to educate our children in America to our country. 1777 with a letter of recommendation from compete effectively in a world market, we Mr. Hackmeier enlisted in the United States Benjamin Franklin, who was solicited by Pu- must provide for sound nutritious school Air Corps (which later became the Air Force) laski’s friends. Pulaski was commissioned by meals. As the Congress restructures our farm in April of 1939. He was first stationed at the Continental Congress as a brigadier gen- programs, and reauthorizes the food stamp Selfridge Field in Mt. Clemens before being eral to command four cavalry regiments and program, we should also fund this small but deployed to Nichols Air Force Base in the later formed the Pulaski Legions. important school meal pilot. Philipines. While stationed at Clark Field, Mr. Among his exploits in the American fight for Most of the school boards in South Dakota Hackmeier was promoted to Staff Sergeant freedom were saving George Washington’s life have endorsed funding for this pilot, as has Major for the 24th Pursuit Group. and the successful defense of Charleston in the South Dakota Farmers Union and the When hostilities with the Japanese began, May 1778. He was wounded at the Siege of Argus Leader, our largest newspaper. Nation- Mr. Hackmeier became part of the 71st Provi- Savannah on October 9, 1779, and died on ally, the pilot also enjoys wide support. The sional Infantry. On April 9, 1942, when Bataan

VerDate Aug 31 2005 05:03 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.042 E06MRPT1 hmoore on PROD1PC68 with HMREMARKS E476 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2007 fell to Japanese forces, Mr. Hackmeier was comrades who did not survive Bataan, his sacrifices can never be repaid. But the nation taken prisoner by the Japanese. In the cus- duty truly has been done. As the people of can follow President Lincoln’s admonition to tody of the Japanese, Mr. Hackmeier was Houghton, Michigan come together to recog- ‘‘care for him who has borne the battle, and forced to partake in the infamous Bataan nize this hero, I would ask the entire U.S. for his [family].’’ Indeed, it is the least we can Death March, one of the darkest episodes of House of Representatives to join me in salut- do. the war in the Pacific. It has been estimated ing Mr. Hackmeier for his lifetime of service It is out of my profound respect and grati- that 600–650 American and 5,000–10,000 Fili- and in offering our thoughts and prayers to his tude for all who wear and have worn the uni- pino prisoners of war died during this horrific wife, Betty, and his entire family. form of the United States that I continue to ordeal. After surviving the Bataan Death f work so hard to pass legislation that will en- March, Mr. Hackmeier endured as a prisoner sure that veterans receive the health care, job of war for three and a half years at the Caba- PERSONAL EXPLANATION opportunities, housing assistance, and edu- natuan Prison Camp in the Philipines and later cational benefits they deserve. in Niigata, Japan. HON. TOM COLE Because I realize that our veterans deserve According to those who knew him well, OF OKLAHOMA our very best, I have recently introduced H.R. while captive, Mr. Hackmeier and his fellow IN THE HOUSE OF REPRESENTATIVES 1240, the Vision Impairment Specialist Train- prisoners kept up their spirits by singing the Tuesday, March 6, 2007 ing Act (VISTA). VISTA is a means to help our American folk song ‘‘San Antonio Rose.’’ Upon nation’s blind and low-vision veterans by es- his release from captivity in 1945, Mr. Mr. COLE of Oklahoma. Madam Speaker, tablishing a scholarship program for students Hackmeier was transported back to the United the CONGRESSIONAL RECORD lists me as not seeking training in blind rehabilitation. There States by the Air Corps. When asked what air- voting on rollcall vote 115, Ms. FOXX’s amend- are 160,000 legally blind veterans in the base he would like to be transported to, Mr. ment to H.R. 800. United States, but only 35,000 are currently Hackmeier replied, ‘‘San Antonio.’’ I had intended to vote ‘‘aye.’’ enrolled in the Veterans’ Health Administra- Upon arriving in San Antonio, Mr. f tion. Members of the Armed Forces are impor- Hackmeier met his own ‘‘San Antonio Rose,’’ EXTENDING AUTHORIZATION FOR tant to our Nation and we show them our ap- his future wife, Betty. Betty and Daniel were preciation by taking care of them when they married in September of 1948. Over the THE AMERICAN VETERANS DIS- ABLED FOR LIFE MEMORIAL no longer can serve. course of their lives, Betty and Daniel would Caring for our veterans also means giving have five children, nine grandchildren and four SPEECH OF them our time. I have had the honor of visiting great-grandchildren. with some of our wounded soldiers at Walter Mr. Hackmeier remained with the U.S. Air HON. SHEILA JACKSON-LEE Reed Army Hospital in Washington, DC. Many Force after World War II and he received nu- OF TEXAS of these soldiers were recovering from some merous military decorations. He was awarded IN THE HOUSE OF REPRESENTATIVES of the most horrific wounds imaginable. But the Bronze Star for his heroism in the Battle what made the most indelible impression on of Bataan. He also received the Combat Infan- Monday, March 5, 2007 me was that to a man and woman, there was tryman’s Badge as well as the Presidential Ms. JACKSON-LEE of Texas. Mr. Speaker, no self-pity or anger at their fate. Instead of Unit Citation with two oak clusters and com- I rise to strongly support H.R. 995, to amend anger or sorrow there was only concern for mendation ribbons. In addition, he was given Public Law 106–348 to extend the authoriza- their fellow soldiers and pride in the certain several theater and campaign ribbons. In tion for establishing a memorial in the District knowledge that they had fought valiantly on 1960, he received the prestigious Airman of or its environs to honor veterans who became the Year Award. behalf of a country they loved. There is no disabled while serving in the Armed Forces of reason that any of our veterans should not re- Mr. Hackmeier became acquainted with the United States. Michigan’s Upper Peninsula (U.P.) while he ceive the highest care from all of us in this Mr. Speaker, it is my distinct honor to stand country. I hope all Americans take the time to was in the Air Force as he was assigned to here today to support a bill that will honor the teach ROTC at Michigan Technological Uni- visit their local VA hospital and thank the service of veterans who have become dis- wounded for their service to our country. We versity (MTU) in Houghton, Michigan. There, abled while serving in the Armed Forces. Mr. Hackmeier came to know and love Hough- must do everything possible to let our vet- These veterans have given great contributions erans know how much we value their service. ton and the U.P. and made incredible personal sacrifices so In 1961, Mr. Hackmeier was promoted to Mr. Speaker, I strongly urge my colleagues that all of us in this country might live in a safe Chief Master Sergeant while serving at Max- to support H.R. 995. and secure nation and world. Establishing a well Air Force Base in Texas. He retired later f memorial in the District of Columbia for these that year, having spent thirty years serving our valiant warriors is only a small step towards COLUMBIA SPACE SHUTTLE Nation. repaying the insurmountable debt that all of us MEMORIAL STUDY ACT Upon retirement from the Air Force, Mr. owe to all veterans. For, what is the price of Hackmeier returned to the Houghton area that freedom? SPEECH OF he had become so fond of while teaching As President Kennedy once said, ‘‘The price ROTC. Becoming an active member of the HON. SHEILA JACKSON-LEE of freedom is high, but Americans have al- community, he joined Copper Country Ford OF TEXAS ways paid it.’’ And no one has paid a higher dealership, a position he held for twenty-five IN THE HOUSE OF REPRESENTATIVES price than the brave men and women through years. His wife, Betty, also became active in the years who gave the last full measure of Monday, March 5, 2007 the Houghton community, spending twenty-five devotion to their country. Whether it is the ulti- years as a Food Supervisor at Michigan Tech- Ms. JACKSON-LEE of Texas. Mr. Speaker, mate sacrifice of life or the loss of limb or the nological University. I rise today in strong support of H.R. 807, the Madam Speaker, like most heroes, Mr. loss of time with family and friends, we owe ‘‘Columbia Space Shuttle Memorial Study Hackmeier did not seek recognition for his our veterans an enormous outstanding debt of Act,’’ which directs the Secretary of the Interior valor. When those around him in the commu- gratitude. to conduct a special resource study to deter- nity referred to him as a hero, this humble From Bunker Hill to Yorktown, from Wash- mine the feasibility and suitability of estab- man was known to simply respond, ‘‘The real ington, DC to the Battle of New Orleans, from lishing a memorial to the Space Shuttle Co- heroes are the men that died there.’’ Bull Run to Gettysburg and Antietam to lumbia in the State of Texas and for its inclu- Madam Speaker, inscribed on the monu- Appamattox, brave Americans gave their lives sion as a unit of the National Park System. ment to the Pacific War Dead, in Corregidor, so that the nation might live. And from Alsace Mr. Speaker, I support this bill because the Philippines are the words: Lorain to Verdun, and Normandy to Berlin and seven astronauts whose lives were lost Sleep my Sons, Your Duty Done . . . Pearl Harbor to Okinawa, from Inchon and aboard Space Shuttle Columbia were extraor- For Freedom’s Light Has Come. Correigador to Vietnam, Lebanon, Grenada, dinary people. To the world those astronauts Sleep in the Silent Depths of the Sea Kuwait, Afghanistan, and Iraq, Americans were valiant heroes; to us in Texas they were Or in Your Bed of Hallowed Sod. have nobly sacrificed their lives so that the also friends, neighbors, and family. Until You Hear at Dawn world may live in freedom. They made the ultimate sacrifice on a mis- The Clear Reveille of God The debt of gratitude we owe to the sol- sion that benefited all of humanity. They de- While Mr. Hackmeier’s final resting place diers, sailors, marines, and airmen who an- serve the highest level of honor, and their sac- may be Houghton and not the Pacific, like his swered their nation’s call and made supreme rifice and dedication must be commemorated

VerDate Aug 31 2005 05:03 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.044 E06MRPT1 hmoore on PROD1PC68 with HMREMARKS March 6, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E477 in a way that will serve to inspire the next gen- pression of national appreciation for distin- tion’s largest dairy marketing cooperative, Her- eration of explorers. We can never forget this guished achievements and contributions. man played an instrumental role in unifying magnificent seven, those heroes who explored Mr. Speaker, very shortly I will be intro- the Nation’s dairy producers’ efforts to work the heavens: Rick D. Husband; Michael P. An- ducing legislation authorizing the Secretary of together and promote dairy consumption. For derson; Laurel Clark; David M. Brown; William the Treasury to mint a coin commemorating those of you unfamiliar with DFA, it is a farmer C. McCool; Kapana Chawla; and Ilan Ramon. the 50th Anniversary of NASA and the Jet owned cooperative with 24,000 dairy farmer They were individuals of the highest caliber, Propulsion Laboratory. For a half century, members in 49 states. always striving for excellence, and exem- NASA and the JPL have been involved in many defining events occurred which have Herman was the President of the Board of plifying the most noble of human traits. They Directors of the Strongsville, Ohio—based Milk were skilled professionals, scientists, clini- shaped the course of human history and dem- onstrated to the world the character of the Marketing Inc. dairy cooperative in 1998 and cians, adventurers, and family men and played an instrumental role in that cooperative women. The crew represented the diversity of people of the United States. Mr. Speaker, I support H.R. 807 and urge joining together with cooperatives throughout our nation—black and white, men and women, my colleagues to do likewise. I also invite all the country to form DFA. His efforts were so immigrant and native-born, and included a members to join me in bringing to a vote on impressive that he was chosen as the first comrade from Israel embodying the inter- the floor H.R. 266 to award Congressional chairman of DFA’s board of directors. He held national goals of peace and cooperation. Gold Medals to the crew of Space Shuttle Co- this position until he retired in 2002. Herman The Columbia crew was deeply committed lumbia and in supporting legislation to author- has also served on the National Milk Pro- to the NASA mission. NASA provides insights ize the Secretary of the Treasury to mint a ducers Federation’s board of directors. into the origins, destiny, and wonder of the coin in commemoration of the 50th Anniver- Although Herman and I have not always universe and is a source of dreams for young sary of NASA and the Jet Propulsion Labora- agreed on the details of dairy policy, I have al- and old alike. These seven courageous ex- tory. ways been impressed with his work on behalf plorers paid the ultimate price to advance our f of dairy farmers. We have had some spirited understanding of the universe, to advance our discussions and I can honestly say it has been medical and engineering sciences, and to TRIBUTE TO HERMAN BRUBAKER a pleasure to serve as his Member of Con- make the nation safer and more secure. Be- AND DONALD H. SCHRIVER gress. fore the Columbia started its tragic descent, the shuttle crew completed some 80 scientific HON. JOHN A. BOEHNER I also stand to recognize Donald Schriver, experiments. Much of their research data had OF OHIO who recently retired as the executive vice already been relayed to Houston where it has IN THE HOUSE OF REPRESENTATIVES president of DFA is an Ohio native and a 1969 added to the pool of scientific knowledge. Tuesday, March 6, 2007 graduate of the Ohio State University. Donald Schriver grew up on a dairy farm in Lorraine In the two previous Congresses, I intro- Mr. BOEHNER. Madam Speaker, I rise duced legislation authorizing the issuance of County, Ohio, and has spent a lifetime within today to recognize a couple of buckeyes who agribusiness and the cooperative business Congressional Gold Medals to the crew of have played an instrumental role in the growth Space Shuttle Columbia. In fact, 318 joined world. Like Herman, Donald was an official and development of the dairy industry. with Milk Marketing, Inc. when it joined with me in co-sponsoring that legislation but the bill During my years in Congress, I have had other cooperatives to form DFA. Since DFA was never brought to the floor for a vote. the good fortune of representing, Herman Bru- formed in 1998, Donald has played a vital role I have reintroduced the bill in the 110th baker. Herman is a dairy farmer in the Preble in the cooperative’s growth and development. Congress (H.R. 266) authorizing the coinage County town of West Alexandria and he is a of a Gold Medal to pay proper tribute to our leader in the dairy industry. I thank these men for their continued sup- astronauts. One of the main reasons that the While serving as chairman of the Board of port of the dairy industry. I wish them well as medal is bestowed is to make the highest ex- Dairy Farmers of America, Inc. (DFA), the Na- they enjoy their retirements.

VerDate Aug 31 2005 05:03 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.047 E06MRPT1 hmoore on PROD1PC68 with HMREMARKS Tuesday, March 6, 2007 Daily Digest Senate 56 yeas to 43 nays (Vote No. 61), Senate tabled the Chamber Action amendment.) Pages S2678–83, S2684–85 Routine Proceedings, pages S2649–S2742 Obama Amendment No. 338 (to Amendment No. Measures Introduced: Twenty-one bills and four 275), to require consideration of high-risk qualifying resolutions were introduced, as follows: S. 765–785, criteria in allocating funds under the State Home- and S. Res. 95–98. Pages S2693–94 land Security Grant Program. (By 59 yeas to 40 nays (Vote No. 62), Senate tabled the amendment.) Measures Passed: Pages S2663–69, S2673–75, S2685 Congressional Gold Medal: Committee on Rules By 49 yeas to 50 nays (Vote No. 63), Leahy and Administration was discharged from further con- Amendment No. 333 (to Amendment No. 275), to sideration of S. Con. Res. 15, authorizing the Ro- increase the minimum allocation for States under the tunda of the Capitol to be used on March 29, 2007, State Homeland Security Grant Program. for a ceremony to award the Congressional Gold Pages S2653–56, S2685 Medal to the Tuskegee Airmen, and the resolution Withdrawn: was then agreed to. Page S2662 Menendez Amendment No. 352 (to Amendment No. 275), to improve the security of cargo containers Honoring Former Senator Thomas F. Eagleton: destined for the United States. Pages S2657, S2661–62 Senate agreed to S. Res. 97, relative to the death of Pending: Thomas F. Eagleton, former United States Senator Reid Amendment No. 275, in the nature of a for the State of Missouri. Pages S2741–42 substitute. Page S2653 Joint Committee on Printing and Joint Com- Sununu Amendment No. 291 (to Amendment mittee on Library: Senate agreed to S. Res. 98, pro- No. 275), to ensure that the emergency communica- viding for members on the part of the Senate of the tions and interoperability communications grant pro- Joint Committee on Printing and the Joint Com- gram does not exclude Internet Protocol-based inter- mittee of Congress on the Library. Page S2742 operable solutions. Page S2653 Salazar/Lieberman Modified Amendment No. 290 Improving America’s Security by Implementing (to Amendment No. 275), to require a quadrennial Unfinished Recommendations of the 9/11 Com- homeland security review. Page S2653 mission Act: Senate continued consideration of S. 4, Lieberman Amendment No. 315 (to Amendment to make the United States more secure by imple- No. 275), to provide appeal rights and employee en- menting unfinished recommendations of the 9/11 gagement mechanisms for passenger and property Commission to fight the war on terror more effec- screeners. Page S2653 tively, to improve homeland security, withdrawing McCaskill Amendment No. 316 (to Amendment the committee amendment in the nature of a sub- No. 315), to provide appeal rights and employee en- stitute, taking action on the following amendments gagement mechanisms for passenger and property proposed thereto: Pages S2653–90 screeners. Page S2653 Rejected: Dorgan/Conrad Amendment No. 313 (to Amend- DeMint Amendment No. 314 (to Amendment ment No. 275), to require a report to Congress on No. 275), to strike the provision that revises the the hunt for Osama Bin Laden, Ayman al-Zawahiri, personnel management practices of the Transpor- and the leadership of al Qaeda. Page S2653 tation Security Administration. (By 51 yeas to 46 Landrieu Amendment No. 321 (to Amendment nays (Vote No. 60), Senate tabled the amendment). No. 275), to require the Secretary of Homeland Se- Pages S2657–58, S2659–61 curity to include levees in the list of critical infra- Feinstein Amendment No. 335 (to Amendment structure sectors. Page S2653 No. 275), to improve the allocation of grants Landrieu Amendment No. 296 (to Amendment through the Department of Homeland Security. (By No. 275), to permit the cancellation of certain loans D264

VerDate Aug 31 2005 06:07 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MR7.REC D06MRPT1 hmoore on PROD1PC68 with HMDIGEST March 6, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D265 under the Robert T. Stafford Disaster Relief and Thune Amendment No. 308 (to Amendment No. Emergency Assistance Act. Page S2653 275), to expand and improve the Proliferation Secu- Landrieu Amendment No. 295 (to Amendment rity Initiative while protecting the national security No. 275), to provide adequate funding for local gov- interests of the United States. Page S2653 ernments harmed by Hurricane Katrina of 2005 or Cardin Amendment No. 326 (to Amendment No. Hurricane Rita of 2005. Page S2657 275), to provide for a study of modification of area Allard Amendment No. 272 (to Amendment No. of jurisdiction of Office of National Capital Region 275), to prevent the fraudulent use of social security Coordination. Page S2653 account numbers by allowing the sharing of social Cardin Amendment No. 327 (to Amendment No. security data among agencies of the United States for 275), to reform mutual aid agreements for the Na- identity theft prevention and immigration enforce- tional Capital Region. Page S2653 ment purposes. Page S2653 Cardin Modified Amendment No. 328 (to McConnell (for Sessions) Amendment No. 305 (to Amendment No. 275), to require Amtrak contracts Amendment No. 275), to clarify the voluntary in- and leases involving the State of Maryland to be herent authority of States to assist in the enforce- governed by the laws of the District of Columbia. ment of the immigration laws of the United States Page S2653 and to require the Secretary of Homeland Security to Schumer/Clinton Amendment No. 336 (to provide information related to aliens found to have Amendment No. 275), to prohibit the use of the violated certain immigration laws to the National peer review process in determining the allocation of Crime Information Center. Page S2653 funds among metropolitan areas applying for grants McConnell (for Cornyn) Amendment No. 310 (to under the Urban Area Security Initiative. Page S2653 Amendment No. 275), to strengthen the Federal Schumer/Clinton Amendment No. 337 (to Government’s ability to detain dangerous criminal Amendment No. 275), to provide for the use of aliens, including murderers, rapists, and child mo- funds in any grant under the Homeland Security lesters, until they can be removed from the United Grant Program for personnel costs. Page S 2653 States. Page S2653 McConnell (for Cornyn) Amendment No. 311 (to Collins Amendment No. 342 (to Amendment No. Amendment No. 275), to provide for immigration 275), to provide certain employment rights and an employee engagement mechanism for passenger and injunction reform. Page S2653 McConnell (for Cornyn) Amendment No. 312 (to property screeners. Page S2653 Amendment No. 275), to prohibit the recruitment Coburn Amendment No. 325 (to Amendment of persons to participate in terrorism. Page S2653 No. 275), to ensure the fiscal integrity of grants McConnell (for Kyl) Modified Amendment No. awarded by the Department of Homeland Security. 317 (to Amendment No. 275), to prohibit the re- Page S2653 warding of suicide bombings and allow adequate Sessions Amendment No. 347 (to Amendment punishments for terrorist murders, kidnappings, and No. 275), to express the sense of the Congress re- sexual assaults. Pages S2653, S2669–70 garding the funding of Senate approved construction McConnell (for Kyl) Amendment No. 318 (to of fencing and vehicle barriers along the southwest Amendment No. 275), to protect classified informa- border of the United States. Page S2653 tion. Page S2653 Coburn Amendment No. 345 (to Amendment McConnell (for Kyl) Amendment No. 319 (to No. 275), to authorize funding for the Emergency Amendment No. 275), to provide for relief from Communications and Interoperability Grants pro- (a)(3)(B) immigration bars from the Hmong and gram, to require the Secretary to examine the possi- other groups who do not pose a threat to the United bility of allowing commercial entities to develop States, to designate the Taliban as a terrorist organi- public safety communications networks. zation for immigration purposes. Page S2653 Pages S2656, S2687–90 McConnell (for Kyl) Amendment No. 320 (to Coburn Amendment No. 301 (to Amendment Amendment No. 275), to improve the Classified In- No. 275), to prohibit grant recipients under grant formation Procedures Act. Page S2653 programs administered by the Department from ex- McConnell (for Grassley) Amendment No. 300 (to pending funds until the Secretary has reported to Amendment No. 275), to clarify the revocation of an Congress that risk assessments of all programs and alien’s visa or other documentation is not subject to activities have been performed and completed, im- judicial review. Page S2653 proper payments have been estimated, and corrective McConnell (for Grassley) Amendment No. 309 (to action plans have been developed and reported as re- Amendment No. 275), to improve the prohibitions quired under the Improper Payments Act of 2002 on money laundering. Page S2653 (31 U.S.C. 3321 note). Pages S2656–57

VerDate Aug 31 2005 06:07 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MR7.REC D06MRPT1 hmoore on PROD1PC68 with HMDIGEST D266 CONGRESSIONAL RECORD — DAILY DIGEST March 6, 2007 Coburn Amendment No. 294 (to Amendment Statements on Introduced Bills/Resolutions: No. 275), to provide that the provisions of the Act Pages S2696–S2724 shall cease to have any force or effect on and after Additional Statements: Pages S2690–91 December 31, 2012, to ensure congressional review Pages S2724–41 and oversight of the Act. Pages S2658–59, S2675–77 Amendments Submitted: Lieberman (for Menendez) Amendment No. 354 Notices of Hearings/Meetings: Page S2741 (to Amendment No. 275), to improve the security Authorities for Committees to Meet: Page S2741 of cargo containers destined for the United States. Pages S2662–63 Record Votes: Four record votes were taken today. Specter Amendment No. 286 (to Amendment No. (Total—63) Pages S2661, S2684–85 275), to restore habeas corpus for those detained by Adjournment: Senate convened at 10 a.m., and as the United States. Page S2663 a further mark of respect to the memory of the late Kyl Modified Amendment No. 357 (to Amend- Honorable Thomas F. Eagleton, United States Sen- ment No. 275), to amend the data-mining tech- ator from the State of Missouri, in accordance with nology reporting requirement to avoid revealing ex- S. Res. 97, adjourned at 7:43 p.m., until 9:30 a.m., isting patents, trade secrets, and confidential busi- on Wednesday, March 7, 2007. (For Senate’s pro- ness processes, and to adopt a narrower definition of gram, see the remarks of the Majority Leader in to- data-mining in order to exclude routine computer day’s Record on page S2742.) searches. Pages S2670–73, S2686–87 Ensign Amendment No. 363 (to Amendment No. Committee Meetings 275), to establish a Law Enforcement Assistance Force in the Department of Homeland Security to (Committees not listed did not meet) facilitate the contributions of retired law enforce- CHILD NUTRITION ment officers during major disasters. Pages S2683–84 A unanimous-consent-time agreement was reached Committee on Agriculture, Nutrition, and Forestry: Com- providing for further consideration of the bill at ap- mittee concluded a hearing to examine child nutri- proximately 9:30 a.m., on Wednesday, March 7, tion and the school setting, focusing on nutrition 2007; provided that Senate then resume consider- standards, and breakfast commodities, after receiving ation of McCaskill Amendment No. 315 and Collins testimony from Janey Thornton, Hardin County Amendment No. 342 (both listed above), and debate School District, Elizabethtown, Kentucky, on behalf concurrently until 10 a.m., with the time equally di- of the School Nutrition Association; Teresa Nece, vided and controlled between Senators McCaskill and Des Moines Public Schools, Des Moines, Iowa; Susan Collins, or their designees; that no amendments be K. Neely, American Beverage Association, Wash- in order to either amendment prior to the vote; that ington, D.C.; Mary Lou Hennrich, Community at 10 a.m., Senate vote on, or in relation to, Health Partnership, Portland, Oregon; and Kelly D. McCaskill Amendment No. 315, that upon disposi- Brownell, Yale University Rudd Center for Food tion of that amendment, Senate then vote on, or in Policy and Obesity, New Haven, Connecticut. relation to Collins Amendment No. 342; that there WALTER REED ARMY MEDICAL CENTER be 2 minutes equally divided between the votes; and Committee on Armed Services: Committee concluded a that following the second vote, Senate proceed as a hearing to examine the care, living conditions, and body to the House of Representatives for the joint administration of outpatients at the Walter Reed meeting to hear an address by the King of Jordan; Army Medical Center, after receiving testimony from that Senate then stand in recess subject to the call David S.C. Chu, Under Secretary for Personnel and of the chair. Page S2742 Readiness, and William Winkenwerder, Jr., Assist- Nomination Confirmed: Senate confirmed the fol- ant Secretary for Health Affairs, both of the Depart- lowing nomination: ment of Defense; and General Peter J. Schoomaker, Ryan C. Crocker, of Washington, to be Ambas- USA, Chief of Staff, and Lieutenant General Kevin sador to the Republic of Iraq. Pages S2741, S2742 C. Kiley, USA, Surgeon General, both of the United Messages from the House: Pages S2691–92 States Army. Messages Referred: Page S2692 CAFE Measures Placed on the Calendar: Committee on Commerce, Science, and Transportation: Pages S2649, S2692 Committee concluded an oversight hearing to exam- ine the Corporate Average Fuel Economy (CAFE) Executive Reports of Committees: Pages S2692–93 Program, which includes mile per gallon standards Additional Cosponsors: Pages S2694–96 for light trucks and cars that manufacturers must

VerDate Aug 31 2005 06:07 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MR7.REC D06MRPT1 hmoore on PROD1PC68 with HMDIGEST March 6, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D267 meet for vehicles sold in the United States, after re- NO CHILD LEFT BEHIND ceiving testimony from Nicole R. Nason, Adminis- REAUTHORIZATION trator, National Highway Traffic Safety Administra- Committee on Health, Education, Labor, and Pensions: tion, Department of Transportation; Katherine Committee concluded a hearing to examine strate- Siggerud, Director, Physical Infrastructure, Govern- gies for attracting, supporting, and retaining high ment Accountability Office; David L. Greene, Cor- quality educators relating to No Child Left Behind porate Fellow, Oak Ridge National Laboratory, Na- Reauthorization, after receiving testimony from tional Transportation Research Center, Department Pamela Burtnett, Lake County Education Associa- of Energy; and David Friedman, Union of Concerned tion, Leesburg, Florida; Linda Darling-Hammond, Scientists, Elizabeth A. Lowery, General Motors, Stanford University, Stanford, California; Kati Alan Reuther, International Union, United Auto- Haycock, Education Trust, Washington, D.C.; Bar- mobile Aerospace and Agricultural Implement bara Maguire, Park Elementary School, Casper, Wyo- Workers of America, and Tom Stricker, Toyota ming; William L. Sanders, SAS Institute, Inc., Cary, Motor North America, all of Washington, D.C. North Carolina; Jon Schnur, New Leaders for New Schools, New York, New York; Jesse Solomon, Bos- BUSINESS MEETING ton Public Schools, Boston, Massachusetts; Wanda J. Committee on Foreign Relations: Watkins, Richardson Independent School District, Committee ordered fa- Dallas, Texas; and Beverly Young, California State vorably reported the following business items: University System, Long Beach. S. 377, to establish a United States-Poland par- liamentary youth exchange program; UNITED STATES ATTORNEYS S. 494, to endorse further enlargement of the Committee on the Judiciary: Committee concluded a North Atlantic Treaty Organization (NATO) and to hearing to examine if the Department of Justice is facilitate the timely admission of new members to politicizing the hiring and firing of United States at- NATO; torneys, including S. 214, to amend chapter 35 of S. 676, to provide that the Executive Director of title 28, United States Code, to preserve the inde- the Inter-American Development Bank or the Alter- pendence of United States attorneys, after receiving nate Executive Director of the Inter-American Devel- testimony from Carol C. Lam, Southern District of opment Bank may serve on the Board of Directors California, San Diego, David C. Iglesias, District of of the Inter-American Foundation; and New Mexico, Albuquerque, John McKay, Western The nominations of Ryan C. Crocker, of Wash- District of Washington, Seattle, and H.E. Bud ington, to be Ambassador to the Republic of Iraq, Cummins, III, Eastern District of Arkansas, Little William B. Wood, of New York, to be Ambassador Rock, each a former United States Attorney. to the Islamic Republic of Afghanistan, and Stanley INTELLIGENCE Davis Phillips, of North Carolina, to be Ambassador Select Committee on Intelligence: Committee held closed to the Republic of Estonia. hearings on intelligence matters, receiving testimony Also, Committee adopted its rules of procedure for from officials of the intelligence community. the 110th Congress. Committee recessed subject to the call. h House of Representatives Report on the Activities of the Committee on Chamber Action House Administration During the 109th Congress Public Bills and Resolutions Introduced: 37 pub- (H. Rept. 109–752). lic bills, H.R. 1327–1363; 1 private bill, H.R. Reports were filed today as follows: 1364; and 5 resolutions, H. Con. Res. 81–83; and H. Res. 214, providing for consideration of H.R. H. Res. 216–217 were introduced. Pages H2241–43 569, to amend the Federal Water Pollution Control Additional Cosponsors: Page H2243 Act to authorize appropriations for sewer overflow control grants (H. Rept. 110–31); Reports Filed: H. Res. 215, providing for consideration of H.R. A report was filed on January 2, 2007 as follows: 700, to amend the Federal Water Pollution Control

VerDate Aug 31 2005 06:07 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MR7.REC D06MRPT1 hmoore on PROD1PC68 with HMDIGEST D268 CONGRESSIONAL RECORD — DAILY DIGEST March 6, 2007 Act to extend the pilot program for alternative water New Mexico, as the ‘‘Santiago E. Campos United source projects (H. Rept. 110–32); and States Courthouse’’; Pages H2191–92 H.R. 799, to reauthorize and improve the pro- Commending and congratulating Virginia State gram authorized by the Appalachian Regional Devel- University on the occasion of its 125th anniver- opment Act of 1965, with an amendment H. Rept. sary: H. Res. 182, amended, to commend and con- 110–33. Page H2241 gratulate Virginia State University on the occasion of Speaker: Read a letter from the Speaker wherein she its 125th anniversary; Pages H2197–98 appointed Representative Giffords to act as Speaker Authorizing the Rotunda of the Capitol to be Pro Tempore for today. Page H2167 used on March 29, 2007, for a ceremony to award Recess: The House recessed at 10:43 a.m. and re- the Congressional Gold Medal to the Tuskegee Air- convened at 12 noon. Page H2168 men: S. Con. Res. 15, to authorize the Rotunda of Chaplain: The prayer was offered by the guest the Capitol to be used on March 29, 2007, for a Chaplain, Rev. Stan Gruneich, National Chaplain, ceremony to award the Congressional Gold Medal to The American Legion. Page H2168 the Tuskegee Airmen; Pages H2198–H2200 Suspensions: The House agreed to suspend the rules Recognizing the contributions of the Negro Base- and pass the following measures: ball Leagues and their players: H. Res. 162, Honoring the life and achievements of the late amended, to recognize the contributions of the Dr. John Garang de Mabior: H. Res. 98, amended, Negro Baseball Leagues and their players; honoring the life and achievements of the late Dr. Pages H2200–02 John Garang de Mabior and reaffirming the contin- Supporting the goals and ideals of a National ued commitment of the House of Representatives to Children and Families Day: H. Con. Res. 62, to a just and lasting peace in the Republic of the support the goals and ideals of a National Children Sudan, by a 2⁄3 yea-and-nay vote of 410 yeas to 1 and Families Day, in order to encourage adults in nay, Roll No. 121; Pages H2172–74, H2208 the United States to support and listen to children NATO Freedom Consolidation Act of 2007: and to help children throughout the Nation achieve H.R. 987, to endorse further enlargement of the their hopes and dreams; and Pages H2202–03 North Atlantic Treaty Organization (NATO) and to Honoring the life and achievements of Leo T. facilitate the timely admission of new members to McCarthy and expressing profound sorrow on his NATO; Pages H2174–78 death: H. Res. 180, to honor the life and achieve- Supporting the goals of International Women’s ments of Leo T. McCarthy and expressing profound Day: H. Res. 149, to support the goals of Inter- sorrow on his death. Pages H2203–07 national Women’s Day, by a 2⁄3 yea-and-nay vote of Suspension—Proceedings Postponed: The House 403 yeas with none voting ‘‘nay’’, Roll No.122; debated the following measure under suspension of Pages H2178–82, H2208–09 the rules. Further proceedings were postponed until Lyndon Baines Johnson Federal Building Des- Wednesday, March 7th: ignation Act: H.R. 584, amended, to designate the Living Kidney Organ Donation Clarification headquarters building of the Department of Edu- Act: H.R. 710, amended, to amend the National cation in Washington, DC, as the Lyndon Baines Organ Transplant Act to clarify that kidney paired Johnson Federal Building; Pages H2182–90 donation does not involve the transfer of a human Agreed to amend the title so as to read: ‘‘To des- organ for valuable consideration. Pages H2192–97 ignate the Federal building located at 400 Maryland Avenue Southwest in the District of Columbia as the Moment of Silence: The House observed a moment ‘Lyndon Baines Johnson Department of Education of silence in honor of former Senator Thomas Eagle- Building’.’’. Page H2189 ton. Page H2208 R. Jess Brown United States Courthouse Des- Senate Message: Message received from the Senate ignation Act: H.R. 399, to designate the United by the Clerk and subsequently presented to the States Courthouse to be constructed in Jackson, Mis- House today and messages received from the Senate sissippi, as the ‘‘R. Jess Brown United States Court- today appear on pages H2197 and H2233. house’’; Pages H2190–91 Senate Referrals: S. 743 was referred to the Com- Santiago E. Campos United States Courthouse mittee on the Judiciary and S. Con. Res. 16 was re- Designation Act: H.R. 544, to designate the United ferred to the Committee on Foreign Affairs. States courthouse at South Federal Place in Santa Fe, Page H2240

VerDate Aug 31 2005 06:07 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MR7.REC D06MRPT1 hmoore on PROD1PC68 with HMDIGEST March 6, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D269 Amendments: Amendments ordered printed pursu- Security Challenges and Goals. Testimony was heard ant to the rules appear on page H2244. from the following officials of the Department of Quorum Calls—Votes: Two yea-and-nay votes de- Homeland Security: Jayson Ahern, Customs and Bor- veloped during the proceedings of today and appear der Patrol; and Vayl Oxford, Director, Domestic Nu- on pages H2208 and H2208–09. There were no clear Detection Office. quorum calls. LABOR, HHS, EDUCATION, AND RELATED Adjournment: The House met at 10:30 a.m. and AGENCIES APPROPRIATIONS adjourned at 9:50 p.m. Committee on Appropriations: Subcommittee on Labor, Health and Human Services, Education and Related Committee Meetings Agencies held a hearing on the NIH Director with National Cancer Institute/National Heart, Lung and AGRICULTURE, RURAL DEVELOPMENT, Blood Institute/National Institute of Allergy and In- FDA, AND RELATED AGENCIES fectious Disease/National Institute of Child Health Committee on Appropriations: Subcommittee on Agri- and Human Development/National Center on Mi- culture, Rural Development, Food and Drug Admin- nority Health and Health Disparities. Testimony was istration, and Related Agencies held a hearing on heard from the following officials of NIH, Depart- Natural Resources and Conservation Service. Testi- ment of Health and Human Services: Elias Zerhouni, mony was heard from the following officials of the M.D., Director, NIH; John Niederhuber, M.D., Di- USDA: Mark E. Rey, Under Secretary, Natural Re- rector, National Cancer Institute; Elizabeth Nabel, sources and Environment; Arlen Lancaster, Chief; M.D., Director, National Heart, Lung and Blood In- and Steven A. Probst, Director, Budget Planning stitute; Anthony Fauci, M.D., Director, National In- and Analysis Division, both with the National Re- stitute of Allergy and Infectious Disease; Duane Al- sources Conservation Service; and W. Scott Steele, exander, M.D., Director, National Institute of Child Budget Officer. Health and Human Development; and John Ruffin, COMMERCE, JUSTICE, SCIENCE, AND Director, National Center on Minority Health and RELATED AGENCIES APPROPRIATIONS Health Disparities. Committee on Appropriations: Subcommittee on Com- MILITARY CONSTRUCTION, VETERANS merce, Justice, Science, and Related Agencies held a AFFAIRS, AND RELATED AGENCIES hearing on Department of Commerce Overview. Tes- Committee on Appropriations: Subcommittee on Mili- timony was heard from public witnesses. tary Construction, Veterans Affairs and Related The Subcommittee also held a hearing on the Sec- Agencies held a hearing on VA Medical Care. Testi- retary of Commerce. Testimony was heard from Car- mony was heard from public witnesses. los M. Gutierrez, Secretary of Commerce. The Subcommittee also held a hearing and on De- partment of Veterans Affairs Panel. Testimony was ENERGY AND WATER DEVELOPMENT, heard from Michael J. Kussman, Acting Under Sec- AND RELATED AGENCIES retary, Health, Department of Veterans Affairs. APPROPRIATIONS Committee on Appropriations: Subcommittee on Energy STATE, FOREIGN OPERATIONS, AND and Water Development, and Related Agencies held RELATED PROGRAMS APPROPRIATIONS a hearing on the Secretary of Energy. Testimony was Committee on Appropriations: Subcommittee on State, heard from Samuel W. Bodman, Secretary of Energy. Foreign Operations and Related Programs held a hearing on Iraq Political and Reconstruction Strat- FINANCIAL SERVICES AND GENERAL egy, Alternative Perspectives. Testimony was heard GOVERNMENT APPROPRIATIONS from Ambassador Peter Galbraith, Department of Committee on Appropriations: Subcommittee on Finan- State; LTC Christopher W. Stockel, USAR; COL cial Services and General Government held a hearing Lawrence Wilkerson, USA (ret.), USA; and a public on Issues in the Federal Workforce. Testimony was witness. heard from Linda M. Springer, Director, OPM; Neil TRANSPORTATION, AND HUD, AND A.G. McPhie, Chairman, U.S. Merit Systems Protec- RELATED AGENCIES APPROPRIATIONS tion Board, J. Christopher Mihm, Managing Direc- tor, Strategic Issues, GAO; and public witnesses. Committee on Appropriations: Subcommittee on Trans- portation, and Housing and Urban Development and HOMELAND SECURITY APPROPRIATIONS Related Agencies held a hearing on the Department Committee on Appropriations: Subcommittee on Home- of Transportation Inspector General Management land Security held an oversight hearing on Container Challenges and GAO High Risk Series. Testimony

VerDate Aug 31 2005 06:07 Mar 07, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MR7.REC D06MRPT1 hmoore on PROD1PC68 with HMDIGEST D270 CONGRESSIONAL RECORD — DAILY DIGEST March 6, 2007 was heard from Calvin Scovel, Inspector General, THE IRANIAN CHALLENGE Department of Transportation; and Patricia Dalton, Committee on Foreign Affairs: Held a hearing on The Director, Physical Infrastructure, GAO. Iranian Challenge. Testimony was heard from R. Nicholas Burns, Under Secretary, Political Affairs, NATIONAL SECURITY PERSONNEL Department of State. SYSTEM—IS IT WORKING? GLOBAL OPINION OF AMERICAN POLICIES Committee on Armed Services: Subcommittee on Readi- ness held a hearing on the National Security Per- Committee on Foreign Affairs: Subcommittee on Inter- sonnel System—Is it Working? Testimony was heard national Organizations, Human Rights, and Over- from Michael Luis Dominguez, Principal Deputy sight held a hearing on Global Polling Data on Under Secretary, Personnel and Readiness, Depart- Opinion of American Policies, Values and People. ment of Defense; and public witnesses. Testimony was heard from a public witness. RAIL AND PUBLIC TRANSPORTATION DEPARTMENT OF DEFENSE FY 2008 SECURITY ACT OF 2007 BUDGET Committee on Homeland Security: Held a hearing on a Committee on the Budget: Held a hearing on the De- measure entitled ‘‘Rail and Public Transportation Se- partment of Defense and the Fiscal Year 2008 Budg- curity Act of 2007.’’ Testimony was heard from Kip et. Testimony was heard from Gordon England, Hawley, Administrator, Transportation Security Deputy Secretary, Department of Defense. Agency, Department of Homeland Secretary; Terri Rosapep, Deputy Associate Administrator, Program RETIREMENT SECURITY AND 401(k)s Management, Department of Transportation; Richard Committee on Education and Labor: Held a hearing on Fairfax, Director, Enforcement Programs, OSHA, Are Hidden 401(k) Fees Undermining Retirement Department of Labor; Richard Falkenrath, Deputy Security? Testimony was heard from Barbara Commissioner, Counterterrorism, Police Department, Bovbjerg, Director, Education, Workforce and In- New York City; Fred Weiderhold, Inspector Gen- come Security Issues, GAO; and public witnesses. eral, National Railroad Passenger Corporation (AMTRAK); and public witnesses. CARBON CAPTURE AND SEQUESTRATION U.S. ATTORNEY FIRINGS; ISSUANCE OF Committee on Energy and Commerce: Subcommittee on SUBPOENAS Energy and Air Quality held a hearing entitled ‘‘Carbon Capture and Sequestration: An Overview.’’ Committee on the Judiciary: Subcommittee on Com- Testimony was heard from Thomas D. Shope, Prin- mercial and Administrative Law held a hearing on cipal Deputy Assistant Secretary, Fossil Energy, De- H.R. 580, to amend chapter 35 of title 28, United partment of Energy; the following officials of the States Code, to provide for a 120-day limit to the EPA: William Wehrum, Acting Assistant Adminis- term of a United States Attorney appointed on an trator, Office of Air and Radiation; and Ben Grum- interim basis by the Attorney General. Testimony bles, Assistant Administrator, Water; S. Julio Fried- was heard from Representative Issa; Will Moschella, man, Carbon Management Program, Lawrence Liver- Principal Associate Deputy Attorney General, De- more National Laboratory; and public witnesses. partment of Justice; former Representative Asa Hutchinson of Arkansas; the following former U.S. MEDICARE PHYSICIAN PAYMENT SYSTEM Attorneys: Daniel Bogden, District of Nevada; Bud Committee on Energy and Commerce: Subcommittee on Cummins, Eastern District of Arkansas; David C. Health held a hearing entitled ‘‘Exploring Options Iglesias, District of New Mexico; John McKay, Dis- for Improving the Medicare Physician Payment Sys- trict of Western Washington; Carol Lam, Southern tem.’’ Testimony was heard from Glenn M. District of California; and Paul K. Charlton, District of Arizona. Hackbarth, Chairman, Medicare Payment Advisory Prior to the hearing, the Subcommittee met and Commission; A. Bruce Steinwald, Director, Health approved the issuance of subpoenas to former U.S. Care, GAO; and public witnesses. Attorneys Daniel Bogden, District of Nevada and GULF COAST HURRICANE HOUSING Paul K. Carlton, District of Arizona in conjunction RECOVERY ACT OF 2007 with the hearing on H.R. 580. Committee on Financial Services: Began markup of H.R. CORAL REEF CONSERVATION 1227, Gulf Coast Hurricane Housing Recovery Act REAUTHORIZATION ACT OF 2007 of 2007. Committee on Natural Resources: Subcommittee on Will continue tomorrow. Fisheries, Wildlife and Oceans held a hearing on the

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Coral Reef Conservation Reauthorization Act of Communities Water Supply Act of 2007, equally di- 2007. Testimony was heard from Tim Keeney, Dep- vided and controlled by the Chairman and Ranking uty Assistant Secretary, Oceans and Atmosphere, Minority Member of the Committee on Transpor- NOAA, Department of Commerce; David B. Cohen, tation and Infrastructure. The rule waives all points Deputy Assistant Secretary, Insular Affairs, Depart- of order against consideration of the bill except for ment of the Interior; and public witnesses. clauses 9 and 10 of Rule XXI. The rule provides MISCELLANEOUS MEASURES that the bill shall be considered as read. The rule makes in order only those amendments Committee on Oversight and Government Reform: Sub- to the bill that are pre-printed in the Congressional committee on Information Policy, Census and Na- Record or are pro forma amendments for the purpose tional Archives approved for full Committee action of debate. The rule provides that each amendment the following bills: H.R. 1309, To promote openness printed in the Congressional Record may be offered in Government by strengthening section 552 of title only by the Member who caused it to be printed or 5, United States Code (commonly referred to as the a designee, and that each amendment shall be con- Freedom of Information Act); and H.R. 1255, To sidered as read. Finally, the rule provides one motion amend chapter 22 of title 44, United States Code, to recommit with or without instructions. Testimony popularly known as the Presidential Records Act, to was heard from Chairman Oberstar and Representa- establish procedures for the consideration of claims tives Mica and Baker. of constitutionally based privilege against disclosure of Presidential records. MEDICARE PAYMENT ADVISORY WATER QUALITY INVESTMENT ACT OF COMMISSION’S REPORT—SUSTAINABLE 2007 GROWTH RATE Committee on Rules: Granted, by voice vote, an open Committee on Ways and Means: Subcommittee on rule with a preprinting requirement. The rule pro- Health held a hearing on the Medicare Payment Ad- vides 1 hour of general debate on H.R. 569, Water visory Commission’s report on the Sustainable Qaulity Investment Act of 2007, equally divided and Growth Rate. Testimony was heard from Glenn M. controlled by the Chairman and Ranking Minority Hackbarth, Chairman, Medicare Payment Advisory Member of the Committee on Transportation and Commission; and public witnesses. Infrastructure. The rule waives all points of order against consideration of the bill except for clauses 9 LOW-INCOME FAMILY ASSISTANCE and 10 of Rule XXI. The rule provides that the Committee on Ways and Means: Subcommittee on In- amendment in the nature of a substitute rec- come Security and Family Support held a hearing on ommended by the Committee on Transportation and Recent Changes to Programs Assisting Low-Income Infrastructure now printed in the bill shall be con- Families. Testimony was heard from Sidonie Squier, sidered as an original bill for the purpose of amend- Director, Office of Family Assistance, Department of ment. The rule provides that the committee amend- Health and Human Services; Robin Arnold-Wil- ment in the nature of a substitute shall be consid- liams, Secretary, Department of Social and Health ered as read. Services, State of Washington; David A. Hansell, The rule makes in order only those amendments Acting Commissioner, Department of Temporary to the amendment in the nature of a substitute that Disability Assistance, State of New York; Nancy K. are pre-printed in the Congressional Record or are Ford, Director, Division of Welfare and Supportive pro forma amendments for the purpose of debate. Services, State of Nevada; Mary Dean Harvey, Direc- The rule provides that each amendment printed in tor, Department of Human Resources, Division of the Congressional Record may be offered only by the Family and Children, State of Georgia; and a public Member who caused it to be printed or a designee, witness. and that each amendment shall be considered as read. Finally, the rule provides one motion to recom- DIRECTOR OF NATIONAL INTELLIGENCE mit with or without instructions. Testimony was AND NATIONAL INTELLIGENCE PROGRAM heard from Chairman Oberstar and Representatives BUDGET ROLL-OUT Mica and Baker. Permanent Select Committee on Intelligence: Met in execu- HEALTHY COMMUNITIES WATER SUPPLY tive session to hold a hearing on Director of Na- ACT OF 2007 tional Intelligence (DNI) and National Intelligence Committee on Rules: Granted, by voice vote, an open Program (NIP) Budget Roll-out. Testimony was rule with a preprinting requirement. The rule pro- heard from Mike McConnell, Director of National vides 1 hour of general debate on H.R. 700, Healthy Intelligence.

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Committee on the Judiciary: to hold hearings to examine Joint Meetings the McCarran-Ferguson Act and Antitrust Immunity, VETERANS OF FOREIGN WARS 9:30 a.m., SD–226. LEGISLATIVE PROPOSAL Subcommittee on Antitrust, Competition Policy and Consumer Rights, to hold an oversight hearing to exam- Committee on Veterans’ Affairs: Committee concluded ine the enforcement of the antitrust laws, 2:15 p.m., joint hearings with the House Committee on Vet- SD–226. erans’ Affairs to examine the legislative presentation Committee on Veterans’ Affairs: to hold an oversight hear- of the Veterans of Foreign Wars, after receiving tes- ing to examine the Veterans Administration adjudication timony from Gary Kurpius, Robert Wallace, Wil- process, 9:30 a.m., SR–418. liam Bradshaw, Robert Crfat, and Dennis Cullinan, all of Veterans of Foreign Wars of the United States, House Washington, D.C. Committee on Agriculture, Subcommittee on Conserva- COMMITTEE MEETINGS FOR WEDNESDAY, tion, Credit, Energy, and Research, hearing to review the MARCH 7, 2007 financial structure of renewable energy resources, 1 p.m., 1302 Longworth. (Committee meetings are open unless otherwise indicated) Committee on Appropriations Subcommittee on Com- Senate merce, Justice, Science and Related Agencies, on Eco- nomic and Statistics Administration/Census/Bureau of Committee on Agriculture, Nutrition, and Forestry: to hold Economic Analysis, 10 a.m., and on Economic Develop- hearings to examine investing in our nation’s future ment Administration/Minority Business Development through agricultural research, 9:30 a.m., SR–328A. Agency, 2 p.m., H–309 Capitol. Committee on Appropriations: Subcommittee on Defense, Subcommittee on Defense, on Walter Reed Infrastruc- to hold hearings to examine Department of Defense med- ture, 1:30 p.m., 2359 Rayburn. ical programs, 10 a.m., SD–192. Subcommittee on Financial Services, and General Gov- Subcommittee on Energy and Water Development, to hold hearings to examine proposed budget estimates for ernment, on Ensuring the Integrity of Elections, 10 a.m., fiscal year 2008 for the Department of Energy, 2 p.m., 2220 Rayburn. SD–138. Subcommittee on Military Construction, Veterans’ Af- Committee on Commerce, Science, and Transportation: Sub- fairs and Related Agencies, on Pacific Command, 2 p.m., committee on Interstate Commerce, Trade, and Tourism, H–143 Capitol. to hold hearings to examine policy implications of phar- Committee on Armed Services, hearing on the Fiscal Year maceutical importation for U.S. consumers, 9:30 a.m., 2008 National Defense Authorization Budget Request SR–253. from the U.S. Pacific Command and U.S. Forces Korea, Subcommittee on Space, Aeronautics, and Related 8:30 a.m., 2118 Rayburn. Agencies, to hold hearings to examine national impera- Subcommittee on Air and Land Forces, hearing on Air tives for Earth Science research, 2:30 p.m., SR–253. Force and Army airlift and aerial refueling fixed-wing air- Committee on Energy and Natural Resources: to hold an craft programs, 3 p.m., 2118 Rayburn. oversight hearing to examine market constraints on large Committee on Energy and Commerce, Subcommittee on En- investments in advanced energy technologies and inves- ergy and Air Quality, hearing entitled ‘‘Climate Change: tigate ways to stimulate additional private-sector invest- Are Greenhouse Gas Emissions from Human Activities ment in the deployment of these technologies, 9:30 a.m., Contributing to a Warming of the Planet?’’ 10 a.m., SD–366. 2322 Rayburn. Committee on Environment and Public Works: to hold hear- Subcommittee on Telecommunications and the Inter- ings to examine the President’s proposed budget request net, hearing entitled ‘‘Digital Future of the United States: for fiscal year 2008 for the Environmental Protection Part II—The Future of Radio,’’ 2:30 p.m., 2123 Ray- Agency, 3 p.m., SD–406. burn. Committee on Health, Education, Labor, and Pensions: to Committee on Financial Services, to continue markup of hold hearings to examine strengthening American com- H.R. 1227, Gulf Coast Hurricane Housing Recovery Act petitiveness for the 21st Century, 9:30 a.m., SH–216. of 2007, 10 a.m., 2128 Rayburn. Committee on Homeland Security and Governmental Affairs: Subcommittee on Domestic and International Policy, Permanent Subcommittee on Investigations, to hold hear- Trade, and Technology, hearing entitled ‘‘The Role of ings to examine fees, interests rates and grace periods re- Remittances in Leveraging Sustainable Development in lating to credit card practices, focusing on high fees Latin America and the Caribbean,’’ 2 p.m., 2128 Ray- charged for late payments, over-the-limit charges, includ- burn. ing how those fees are assessed, how they add to interest Committee on Foreign Affairs, Subcommittee on the Mid- costs, and how they contribute to consumer debt, and an dle East and South Asia, hearing on A Regional Overview industry practice requiring consumer payments to be ap- of South Asia, 2:30 p.m., 2172 Rayburn. plied first to balances with the lowest interest rates in- Committee on the Judiciary, hearing on ‘‘Protecting the stead of to balances with the highest interest rates, 10 Right to Vote: Election Deception and Irregularities in a.m., SD–342. Recent Federal Elections,’’ 3 p.m., 2141 Rayburn.

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Committee on Natural Resources, to mark up the fol- Energy Fiscal Year 2008 Research and Development lowing bills: H.R. 162, Jean Lafitte National Historical Budget Proposal, 9:30 a.m., 2318 Rayburn. Park and Preserve Boundary Adjustment Act of 2007; Committee on Small Business, hearing entitled ‘‘Advanc- H.R. 249, To restore the prohibition on the commercial ing the Innovation Agenda: The Perspective of the Tech- sale and slaughter of wild free-roaming horses and burros; nology and Telecommunications Industry,’’ 9 a.m., 2360 H.R. 285, Steel Industry National Historic Site Act; Rayburn. H.R. 309, To direct the Secretary of the Interior to estab- Committee on Transportation and Infrastructure, Sub- lish a demonstration program to facilitate landscape res- committee on Highways and Transit and the Sub- toration programs within certain units of the National committee on Railroads, Pipelines, and Hazardous Mate- Park System established by law to preserve and interpret rials, joint hearing on Transit and Rail Security, 9 a.m., resources associated with American history; H.R. 319, 2167 Rayburn. Journey Through Hallowed Ground National Heritage Area Act; H.R. 505, Native Hawaiian Government Reor- Subcommittee on Water Resources and Environment, ganization Act of 2007; H.R. 865, Copper Valley Native hearing on the impact of Aquatic Invasive Species on the Allotment Resolution Act of 2007; and H.R. 886, Wild Great Lakes, 2 p.m., 2167 Rayburn. Sky Wilderness Act of 2007, 1:30 p.m., 1324 Long- Committee on Veterans Affairs, Subcommittee on Eco- worth. nomic Opportunity, hearing Performance Review of Serv- Committee on Rules, to consider H. Res. 202, Providing ices, 2 p.m., 340 Cannon. for the expenses of certain committees of the House of Committee on Ways and Means, Subcommittee on Select Representatives in the One Hundred Tenth Congress, 2 Revenue Measures, hearing on the Alternative Minimum p.m., H–313 Capitol. Tax, 2 p.m., 1100 Longworth. Committee on Science and Technology, Subcommittee on Permanent Select Committee on Intelligence, briefing on Hot Energy and Environment, hearing on the Department of Spots, 8:45 a.m., H–405 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, March 7 10 a.m., Wednesday, March 7

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Joint Meeting with the Senate ation of S. 4, Improving America’s Security by Imple- to receive His Majesty King Abdullah II bin Al Hussein, menting Unfinished Recommendations of the 9/11 Com- King of the Hashemite Kingdom of Jordan, followed by mission Act, and after a period of debate, vote on, or in consideration of H.R. 569—Water Quality Investment relation to McCaskill Amendment No. 316 (to Amend- Act of 2007. ment No. 315), and Collins Amendment No. 342 (to Amendment No. 275). (At 11 a.m., Senate will meet with the House of Representa- tives in the House Chamber to receive a message from His Maj- esty King Abdullah II Ibn Al Hussein, King of the Hashemite Kingdom of Jordan.)

Extensions of Remarks as inserted in this issue

HOUSE Graves, Sam, Mo., E469 Markey, Edward J., Mass., E474 Green, Gene, Tex., E468 Meehan, Martin T., Mass., E472 Altmire, Jason, Pa., E470 Herseth, Stephanie, S.D., E475 Payne, Donald M., N.J., E473 Barton, Joe, Tex., E472 Honda, Michael M., Calif., E465, E467 Porter, Jon C., Nev., E465, E467, E468, E469, E470, Blumenauer, Earl, Ore., E472 Inslee, Jay, Wash., E473 E472, E472 Boehner, John A., Ohio, E477 Jackson-Lee, Sheila, Tex., E476, E476 Rangel, Charles B., N.Y., E466, E467 Cole, Tom, Okla., E476 Jefferson, William J., La., E473 Davis, Lincoln, Tenn., E471 Kaptur, Marcy, Ohio, E474 Solis, Hilda L., Calif., E468 Diaz-Balart, Mario, Fla., E469 Lewis, Ron, Ky., E465, E465 Stupak, Bart, Mich., E475 Ehlers, Vernon J., Mich., E473 McCollum, Betty, Minn., E470 Watson, Diane E., Calif., E469 Garrett, Scott, N.J., E473 Maloney, Carolyn B., N.Y., E470 Woolsey, Lynn C., Calif., E466, E467

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